Terms & Conditions
DEFINITIONS
1 In these conditions the following terms shall have the following meanings.
'We, Us, Our, Ours' refers to Monarchy Catering Ltd (Company Registration No. 5933506).
'You, Yours' refers to you as Our customer.
'Contract' means any contract for the sale of Goods by Us to You.
'Delivery Address' means the address to which You have asked that the Goods be delivered.
'Goods' means any goods forming the subject of this contract including parts and components of or materials incorporated in them.
'Price' means the price of the Goods as detailed on the website.
QUOTATION
2.1 Following telephone or written enquiries Our quotations will be sent out in the following manner
- to non-business customers and to trade or account customers in a written quotation;
- to other business customers by means of a pro forma invoice;
2.2 Unless otherwise stated in them quotations shall only be open for acceptance within 30 days of the date of the quotation or pro forma invoice.
THE CONTRACT BETWEEN US
3.1 We must receive payment of the whole of the price for the goods that You order before Your order can be accepted. [Once payment has been received by Us We will confirm that Your order has been accepted by sending an email to You at the email address You provide in Your order form] (or) [Your payment of the price for the goods represents an offer on Your part to purchase the goods, which will be accepted by Us when We send to you an email that the Goods have been sent to You]. Our acceptance of Your order brings into existence a legally binding contract between us.
3.2 These conditions shall be incorporated in the Contract to the exclusion of any terms or conditions stipulated or referred to by You.
3.3 Except as expressly provided for in the Contract no variation or amendment of these terms and conditions of sale or oral promise or commitment related to them shall be valid unless committed to writing and signed by or on behalf of both parties.
PRICES
4.1 The prices payable for Goods that You order are as set out on our website. The Price quoted is for the supply of Goods and includes the cost of standard packing. The Price for delivery is quoted as a separate charge where appropriate and includes carriage and insurance.
4.2 The Price invoiced is calculated in respect of the quantity of Goods actually delivered irrespective of the quantity in respect of which any quotation was issued.
4.3 We will have the right to adjust our prices for any increase in the costs of delivery which may arise due to a change in the Delivery Address.
PAYMENT
5.1 All invoices are payable in the currency referred to in the quotation at Our premises stated on the invoice on or before the dates set out in the quotation. In the absence of any other agreed arrangement, full payment is required when the order is placed. In no circumstances will You be entitled to make any deduction or withhold payment for any reason at all.
5.2 Without prejudice to any other rights of Ours if You fail to pay the invoice price by the due date You shall not be allowed any discount given in that invoice or in any other way agreed and shall pay interest on any overdue amount from the date of which payment was due to the date of actual payment (whether before or after judgment) on a daily basis at a rate of 4% p.a. over the base rate from time to time quoted by the PayPal UK and shall reimburse to Us all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
TITLE
6.1 For the purpose of section 12 of the Sale of Goods Act 1979 We shall transfer only such title or rights in respect of the Goods as We have and if the Goods are purchased from a third party shall transfer only such title or rights as that party had and has transferred to Us.
6.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with Us and shall not pass to You until the amount due under any invoice for them (including interest and costs) has been paid in full.
6.3 Until title passes You shall hold the Goods as bailee for Us and shall store or mark them so that they can at all times be identified as Our property.
6.4 We may at any time before title passes and without any liability to You:
- repossess and use or sell all or any of the Goods and by doing so terminate Your right to use, sell or otherwise deal in them; and
- for that purpose (or determining what if any Goods are held by You and inspecting them) enter any premises of or occupied by You.
6.5 Until title has passed from Us to You the entire proceeds of any sale of the Goods by You shall be held in trust for Us and shall be held in a separate designated account and not mingled with other moneys or paid into any overdrawn bank account and shall be at all times identifiable as Our money.
6.6 We may maintain an action for the price of any Goods notwithstanding that title in them has not passed to You.
RISK, DELIVERY AND PERFORMANCE
7.1 We agree to deliver the Goods to the Delivery Address. We will deliver to a different address provided that You have paid for any increased delivery charges that may result.
7.2 Risk in the Goods passes when they are delivered in accordance with clause 5.1. Once Goods have been delivered to You they will be held at your own risk and We will not be liable for their loss or destruction.
7.3 We may at Our discretion deliver the Goods by instalments in any sequence.
7.4 Where the Goods are delivered by instalments, no default or failure by Us in respect of any one or more instalments shall vitiate the Contract in respect of the Goods previously delivered or undelivered Goods.
7.5 Delivery will be made as soon as practicable after the order is accepted [and in any event within 30 days of your order]. [At the time of order We may provide You with an indicative delivery date. Accordingly any delivery date quoted will be indicative only and time will not be of the essence for this Contract. In particular, the default 30 days for contract performance under the United Kingdoms Distance Selling Regulations shall not apply.] We will not be liable for any loss or damage suffered by You through delay in delivery.
7.6 If You wish the Goods to be delivered to a particular location within the Delivery Address, You should ensure that there is reasonable access for each item to be delivered. We will not remove doors from hinges or make other physical alterations in order to obtain access. If access to the required location is not available at the time of delivery, the Goods will be left as near to the entrance to the Delivery Address as is convenient. If there is no safe place to leave the Goods, this will constitute a failure on your part to take delivery, and the Goods will be returned to the warehouse.
7.7 If You fail:
- to take delivery of the Goods or any part of them on the due date; and
- to provide any instructions or documents required to enable the Goods to be delivered on the due date,
We may on giving written notice to You store or arrange for the storage of the Goods, and on the service of the notice:
- risk in the Goods shall pass to You;
- delivery of the Goods shall be deemed to have taken place; and
- You shall pay to Us all costs and expenses including storage, any redelivery and insurance charges arising from its failure.
7.8 We shall not be liable for any penalty, loss, injury, damage or expense arising from any delay or failure in delivery or performance from any cause at all nor shall any such delay or failure entitle You to refuse to accept any delivery or performance of or repudiate the Contract.
7.9 Goods must not be returned to Us without prior notification to and the agreement in writing of Our Customer Services Team.
SPECIFICATION AND SUBSTITUTE GOODS
8.1 The specifications of finishes, fabrics and other goods may be subject to change over time. All Our furniture and manufactured products are hand crafted from recycled aluminium. These and other soft furnishings are therefore subject to variation in finish. In particular finishes and fabrics evolve over time. We cannot guarantee an exact match between pieces ordered separately.
8.2 Occasionally We may not be able to supply the fabric or finish chosen by You. In such cases We will notify You of this and invite You to select an alternative. In the event that You choose not to do so You may cancel Your order and any sums paid by You will be refunded as soon as possible but in any event within 30 days of the notification to cancel.
CLAIMS NOTIFICATION
9.1 Any claim for non-delivery of the Goods or any part of them shall be notified in writing by You to Us within 40 days after the date of Your order [or within 10 days after the date for delivery given under clause 7.5, whichever is the later.]
9.2 Any claim that any Goods have been delivered damaged, are not of the correct quantity or do not comply with their description shall be notified by You to Us within 72 hours of their delivery, even though the driver may have been advised at the time of delivery. We cannot accept responsibility for settling claims made outside this period.
9.3 Any alleged defect shall be notified by You to Us within 72 hours of the delivery of the Goods or in the case of any defect which is not reasonably apparent on inspection within 48 hours of the defect coming to Your attention and in any event in the following periods:
- for Goods not of Our manufacture the warranty period given by the manufacturer.
9.4 Any claim under this condition must be in writing and must contain full details of the claim including the part numbers (if any) of any allegedly defective Goods.
9.5 We will be afforded reasonable opportunity and facilities to investigate any claims made under this condition and You will, if so requested in writing by Us, promptly return any Goods the subject of any claim and any packing materials securely packed and carriage paid to Us for examination.
9.6 We will have no liability with regard to any claim in respect of which You have not complied with the claims procedures in these conditions.
SCOPE OF CONTRACT
10 Under no circumstances will We have any liability of whatever kind for:
10.1 any defects resulting from wear and tear, neglect, accident, improper use by You or use by You except in accordance with the instructions or advice provided by Us or by the manufacturer of any Goods or use in accordance with any instructions or materials provided by You;
10.2 any Goods which have been adjusted, modified or repaired except by Us or in accordance with manufacturer's recommendations;
10.3 the suitability of any Goods for any particular purpose or use under specific conditions whether or not the purpose or conditions were known by or communicated to Us;
10.4 any substitution by Us of any materials or components not forming part of any specification of the Goods agreed in writing by Us;
10.5 any descriptions, illustrations, specifications, figures as to performance, drawings and particulars of weights and dimensions submitted by Us contained in Our catalogues, price lists on the website or elsewhere since they are merely intended to represent a general idea of the Goods and not to form part of the Contract or be treated as representations; In particular colour variation can also occur due to the different properties of computer display equipment being used to view the product.
10.6 any technical information, recommendations, statements or advice furnished by Us, its servants or agents not given in writing in response to a specific written request from You before the Contract is made; or
10.7 any variations in the quantities or dimensions of any Goods or changes of their specifications or substitution of any materials or components, if the variation or substitution does not materially affect the characteristics of the Goods, and the substituted materials or components are of a quality equal or superior to those originally specified.
EXTENT OF LIABILITY
11.1 We will have no liability to You for any loss (including loss of profit or other economic loss (direct or indirect), indirect or consequential loss) or damage of any nature (howsoever caused) or loss or damage (contractual, tortious, breach of statutory duty or otherwise) arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on Our part or in any other way out of or in connection with the performance or purported performance of or failure to perform the Contract except:
- for death or personal injury resulting from Our negligence;
- fraudulent misrepresentation; and
- as expressly stated in these conditions.
11.2 If You establish that any Goods have not been delivered, have been delivered damaged, are not of the correct quantity or do not comply with their description We will, at Our option, replace with similar goods any Goods which are missing, lost or damaged or do not comply with their description, allow You credit for their invoice value or repair any damaged Goods.
11.3 If You establish that any Goods are defective We will, at Our option, replace with similar goods or repair any defective Goods, or allow You credit for their invoice value or to the extent that the Goods are not of Our manufacture, assign to You (so far as We are able to do so) any warranties given by the manufacturer of the Goods to Us.
11.4 The delivery of any repaired or replacement Goods shall be at the Delivery Address or other delivery point agreed for the original Goods.
11.5 Where We are liable in accordance with this condition in respect of only some or part of the Goods the Contract shall remain in full force and effect in respect of the other or other parts of the Goods and no set-off or other claim shall be made by You against or in respect of such other or other parts of the Goods.
11.6 No claim against Us shall be entertained for any defect arising from any design or specification provided or made by You or if any adjustments, alterations or other work has been done to the Goods by any person except Us.
11.7 We will not be liable where any Goods, the Price of which does not include carriage, are lost or damaged in transit and all claims by You shall be made against the carrier. Replacements for such lost or damaged Goods will, if available, be supplied by Us at the prices ruling at the date of despatch.
11.8 In no circumstances shall Our liability to You under this condition exceed the invoice value of the Goods.
11.9 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights You might have as a consumer under applicable local law or other statutory rights that may not be excluded.
GENERAL
12.1 We may sub-contract the performance of its obligations under this Contract in whole or in part.
12.2 You will not assign or (without first obtaining Our written consent) sub-let this Contract in whole or in part and it shall be a condition of any such consent to any sub-letting of this Contract that You will:
- ensure and be responsible for the compliance by any sub-contractor with the terms of this Contract;
- include in the sub-contract provisions consistent with these conditions for the benefit of and enforceable by Us; and
- furnish Us with copies of any sub-contract upon Our request at any time.
12.3 We will have a lien on all Your property in Our possession for all amounts due at any time from You and may use, sell or dispose of that property as agent for You and at Your expense and apply the proceeds in and towards the payment of such amounts on 28 days' notice in writing to You. On accounting to You for any balance remaining after payment of any amounts due to Us and the costs of sale or disposal We shall be discharged of any liability in respect of Your property.
12.4 We may at Our discretion suspend or terminate the supply of any Goods if You fail to make any payment when and as due or otherwise default in any of Your obligations under the Contract or any other contract with Us or become insolvent, have an administrative receiver appointed of Your business or are compulsorily or voluntarily wound up or cease or threaten to cease trading or We bona fide believe that any of those events may occur, and in case of termination may forfeit any deposit paid.
12.5 If the Goods are manufactured in accordance with any design or specification provided or made by You, You will compensate Us in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights of any third party.
12.6 Except for any which is expressly agreed to be included in the Goods all tools, patterns, materials, drawings, specifications and other data provided by Us shall remain Our property and all technical information, patentable or unpatentable, copyright and registered designs arising from the execution of any orders shall belong to Us.
12.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from Our site. The importation or exportation of certain of Our goods to You may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods You purchase.
12.8 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
PRIVACY
13 You acknowledge and agree to be bound by the terms of our privacy policy.
EVENTS BEYOND OUR CONTROL
14 We will not be liable for any failure in the performance of any of Our obligations under the Contract caused by factors outside Our control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
LAW AND JURISDICTION
15 The Contract shall be governed by and interpreted in accordance with English law and You consent to the exclusive jurisdiction of the English courts in all matters regarding it except to the extent that We invoke the jurisdiction of the courts of any other country.
NOTICES
16 Unless otherwise expressly stated in these terms and conditions, all notices from You to Us must be in writing and sent to Our contact address at 95 Wilton Road, Suite 3, LONDON. SW1V 1BZ and all notices from Us to You will be sent to the address provided by You to Us.
THIRD PARTIES
17 The parties intend that no term of this agreement may be enforced by any person who is not a party to this agreement.
DATA PROTECTION PRIVICY POLICY
Monarchy Catering Limited trading as Monarchy Catering is committed to ensuring that your privacy is protected. This privacy policy explains how we use the information we collect about you, how you can instruct us if you prefer to limit the use of that information and procedures that we have in place to safeguard your privacy.
1 The information we collect and how we use it
When you purchase goods from us we need to know your name, postal address, delivery address, e-mail address, telephone number, credit card number and expiry date (or as required)].
We gather this information to allow us to process any orders you may make and in order to provide excellent customer service. The relevant information is then used by us, our agents and sub-contractors to process your order and to communicate with you on any matter relating to the provision of the service in general.
2 Our use of cookies and other information gathering technologies
We store information about you using cookies (files which are sent by us to your computer or other access device) which we can access when you visit our site in future. We do this to track the contents of your shopping basket through the store and for marketing purposes.
If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies. Our cookies will have 'secure.demonweb.co.uk' in the file name.
Information on deleting or controlling cookies is available at www.AboutCookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to place an order using the website, please contact us to place your order by telephone. If you have any questions/comments about privacy, you should contact us using the link on the store page.
3 How we protect your information
The internet is not a secure medium. However we have put in place various security procedures as set out in this policy. The personal information which we hold will be held securely in accordance with our internal security policy and the law; these cover the storage, access and disclosure of your information.
We also keep your information confidential. We will not pass your e-mail address to other trusted traders unless you agree.
4 Sale of business
If this business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.
5 Updating your details
If any of the information that you have provided to Monarchy Catering Limited changes, for example if you change your e-mail address, name or payment details or if you wish to cancel your registration, please let us know the correct details by sending an e-mail to info@monarchycatering.com.
6 Your consent
By submitting your information you consent to the use of that information as set out in this policy. If we change our privacy policy we will post the changes on this page, and may place notices on other pages of the website, so that you may be aware of the information we collect and how we use it at all times. Continued use of the service will signify that you agree to any such changes.
Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries outside the European Economic Area that do not have similar protections in place regarding your data and its use as set out in this policy. However, we have taken the steps outlined above to try to improve the security of your information. By submitting your information you consent to these transfers. If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.
We will not e-mail you in the future unless you have given us your consent.
