Terms & Conditions
Governing Law and Jurisdiction
The contract shall be governed by the laws of England and Wales and the Customer agrees to submit to the non-exclusive jurisdiction of the English courts.
Rejection or Non Acceptance of Goods
The Customer shall return to Dragons at the expense of the Customer any goods ordered by him which he seeks on any ground whatsoever to reject or refuses to accept. If he shall fail to do so, the Customer shall not be entitled to reject (or refuse to accept) such goods. The Customer shall be liable for any loss of or damage to the goods taking place whilst in the possession of the Customer or in the course of their return to Dragons head office address. The return of the goods to Dragons shall not in itself entitle the Customer to reject them and shall not affect Dragons rights defined by the Consumer Transaction (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these conditions.
Intellectual Property
Dragons shall retain the copyright and all other intellectual property rights in respect of the designs and goods to be sold, including the copyright of the designs, drawings and paintings appearing on the goods. The Customer shall not copy or reproduce in any form such goods (or parts thereof) or such designs, drawings and paintings appearing thereon (except to the extent that Dragons shall copy at the request of the Customer a work the copyright of which belongs to the Customer or any other party). In any case where the Customer shall request Dragons to copy or reproduce a design or other work supplied by the Customer, the Customer confirms, undertakes and warrants that the copying or reproduction of such works does not infringe copyright or other intellectual property rights of any other parties, that the Customer is lawfully entitled to commission a copy or reproduction of such work and that the Customer shall indemnify and keep indemnified Dragons against all losses and liabilities incurred by Dragons pursuant to or arising out of claims by other parties that their copyright or other intellectual property rights have been infringed by such copying or reproduction. Where the goods are sold under a consumer transaction (as defined by the Consumer Transaction (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these conditions).
VAT/TVA
VAT must be charged and collected at point of sale. Where goods are for Export, if Dragons is organising the Exportation and can thus be guaranteed proof of Export then the goods can be sold ex vat. If the client is shipping their own goods then Dragons will refund the vat on production of a valid VAT form. These are available at the sales desk for completion by Customer at time of sale. Exceptions to the above are EU/EEC clients who produce a valid VAT Registration Number.
Force Majeure
Dragons will make every effort to carry out the terms of any contract entered into, but if such performance is not reasonably possible by reason of any case whatsoever beyond the reasonable control of Dragons and in particular but without prejudice to the generality of the foregoing act of God, war (whether declared or not), sabotage, riot, explosion, governmental control, restriction or other natural catastrophes, inability to obtain or shortage of equipment, suitable raw materials, components, fuel, power, or transportation, disputes with workmen, strikes or lockouts, or shortages of labour, then Dragons reserves the right to modify the terms of or cancel such contract without consequent liability for loss or damage so caused.
Default
If the Customer makes default in or commits any breach of any of the Customer’s obligations or if any distress or execution is levied upon the Customer, the Customer’s property or assets or if the Customer makes or offers to make any arrangement or composition with creditors or commits any act of bankruptcy, or if any petition or receiving order in bankruptcy is presented or made against the Customer, or if the Customer is a limited company and any resolution or petition to wind up such company is passed or presented (otherwise than that for reconstruction or amalgamation) or if a receiver or such company’s undertaking property or assets thereof is appointed, then Dragons shall (without prejudice to any claim or right it might otherwise make or exercise) have the right forthwith to determine the contract by summary notice.
Indemnity
The customer shall indemnify Dragons against all claims for personal injury, loss or damage to property brought against Dragons by third parties in respect of the Products unless such injury, loss or damage is solely attributable to the negligence of the company, its employees or agents.
Liability
The Company’s liability in terms of these Conditions is in lieu of and to the exclusion of all other warranties, conditions or obligations expressed or implied whether statutory or otherwise in relation to the quality or description of the Products or their fitness for any particular purpose or in relation to sales by sample. The company’s liability (howsoever arising and including any liability for any indirect or consequential loss) shall not under any circumstances exceed the price payable to the Company for the Products here under. The above restrictions are necessary to enable the Products to be sold at the prices specified in this agreement.
Warehousing
All goods are held at our warehouse at owners own risk – Two weeks free storage from date of advice of completion of order is included in the purchase price – thereafter, storage may be charged at the company’s discretion.
Representations
The Customer acknowledges that his order is not placed with Dragons and that he has not entered into any contract with Dragons in reliance on any representation made by Dragons or on its behalf save only such representation (if any) as has been notified in writing to Dragons as being a representation on which reliance is placed. All specifications, drawing and particulars of weights and dimensions are subject to some variations on occasion and the descriptions and illustrations contained in the Company catalogues, price lists and other advertising matter are intended to present a general idea of the goods described therein, and none of these shall form part of the contract. Dragons reserves the right where necessary to supply items of similar quality but differing design and appearance to that shown in the brochure.
Artistic Interpretation
Dragons reserves the right to allow its artists ‘artistic licence’ – the artist will always try and paint to the Customer’s requirements but exact replicas cannot always be guaranteed and are thus not grounds for non acceptance of products.
Product Quality
Due to the hand crafted nature of many of our products, size, colour and texture may vary slightly.
Title
Until the Company has been paid in full for goods supplied, property in such goods shall remain the Company’s, although risk passes to the purchaser at time of delivery, outside their stipulated period.
Price & Delivery
The prices quoted are Pounds Sterling, ex studios Sussex or 23 Walton Street, London. All quotes include artwork and are valid for 90-days, and we are always delighted to quote for more complex design projects. Customers will incur an extra 20% charge for a colour and/or brushed finish to be applied to their furniture prior to the artwork.
Dragons will be delighted to quote for export packing, freight and insurance to any overseas destination but reserves the right to charge any additional charges to the client’s credit card should the subcontractors charges subsequently exceed the original quotation.
All Worldwide shipping and delivery will usually occur with a 12 week lead time from point of order to point of dispatch for stock items, 16 weeks for bespoke items. Delivery charges will be made at point of order and all shipping fees must be paid prior to dispatch of goods from our warehouse.
Damage to Goods in Transit
Damage must be notified in writing within ten days of delivery. If clients are not able to fully check products on receipt, the carrier’s documentation should be endorsed ‘unexamined’. In the event of the non-delivery of the whole or part of consignment the Customer must notify Dragons within ten days of date of dispatch. Failing such notification the Customer shall be liable for the value of the consignment in the event that the carrier will not accept any claims.
Payment
Upon receipt of order, payment will be taken in full for the goods once the order has been processed and accepted. For all orders to Europe or the Rest of the World a further payment will be taken for shipping once a shipping price has been agreed between Dragons and the Customer within 30 days of receipt of an order. These conditions shall apply to all contracts for the sale of goods or supply of services by Dragons to the Customer to the exclusion of all other terms and conditions including any terms and conditions which the buyer may purport to apply under any purchase order, confirmation of order or similar document. All orders for goods or services shall be deemed to be an offer by the Customer to purchase goods or services pursuant to these conditions. Acceptance of delivery of the goods shall be deemed conclusive evidence of the Customers acceptance of these conditions. Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Company.
