"Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
"Carrier" means the delivery courier, carrier or transport company engaged by the Seller to deliver the goods to the Buyer;
"Checkout" means the steps the Buyer must complete in order to complete an order and make payment for the Goods;
"Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
"Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
"Goods" means the articles that the Buyer agrees to buy from the Seller;
"Payment Gateway" means the method selected by the Buyer to pay for the Goods on the Website;
"Price" means the VAT inclusive price stipulated for the Goods on the website at the time the Buyer makes an order to buy the Goods;
"Seller" means Trendy Products UK Ltd of 214 Whitchurch Road, Cardiff, South Glamorgan, CF14 3ND, that owns and operates the Trendy Products website at http://www.trendy-products.co.uk;
"Shopping Basket" means the electronic Shopping Basket used on the Website to display the Goods the Buyer wishes to buy;
"Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
"VAT" means Value Added Tax at the current UK rate in force at the time the Buyer makes an order or pays for the Goods;
"Website" means Trendy Products UK website at http://www.trendy-products.co.uk.
CONDITIONS
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
Any problems or queries should be sent to the Seller's address stated in clause 1.ix. or by email to info@trendy-products.co.uk.
DESCRIPTION OF PRODUCTS
Every effort is made to ensure that products are described as accurately as possible, however we reserve the right to amend, add or remove products at anytime without notice.
Dimensions of products are provided to Trendy Products UK Ltd by suppliers and are displayed by us in good faith these are for guidance only. If precise dimensions are required then please contact us before ordering, so we can double check dimensions with the supplier.
We cannot refund products that do not fit into the required space, this is why we request the customer to contact us if they need precise measurements.
ORDERING
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
The Price of the Goods shall be that stipulated on the Website. The Price is inclusive of UK VAT but excludes delivery charges.
The total purchase price including VAT and delivery charges will be displayed in the Buyer’s Shopping Cart prior to confirming the order.
After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
Payment of the Price including VAT and delivery charges must be made in full before despatch of the Goods.
Payment Options
Credit or Debit Card - using Sage Pay Secure Payment facility, which is fully PCI compliant and validated by HSBC bank via security metrics third party company.
PayPal - using PayPal Secure Payment facility.
Cheque - UK cheques only.
Telephone - Seller will phone Buyer and obtain credit card details for processing with HSBC credit card facility.
RIGHTS OF SELLER
The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
The Seller reserves the right to withdraw any goods from the Website at any time.
The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
WARRANTY
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
DELIVERY
Goods can be delivered throughout the UK (and mainland Europe on special request).
Goods will be delivered free of charge “ONLY” for deliveries to mainland England & Wales in the UK.
A nominal delivery surcharge will be levied to deliveries to all other UK destinations to cover the additional delivery costs incurred where applicable, such delivery charges will be displayed in the shopping cart as part of the normal checkout procedure prior to payment being made, however on occasions we may need to contact you after your purchase to cover any additional costs required for delivery
Goods supplied within the UK mainland will normally be delivered within 14 to 28 days of receipt of full payment and order being accepted.
Goods supplied outside the UK mainland will normally be delivered within 28 to 45 days of receipt of full payment and order being accepted.
For all heavy and bulky items the Buyer will be contacted by the Carrier to arrange a convenient day and time for delivery.
The Seller shall use its reasonable endeavours to meet any date/time agreed for delivery, however difficulties such as traffic congestion and weather conditions (snow, wind, ice, rain and flood) can sometimes cause delays. In addition permitted driving hours regulations may force these delays to extend overnight or longer. In any event, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of the Goods shall be made to the main entrance door at the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
The Buyer warrants that delivery access is reasonable and suitable for the goods ordered. If you think a large vehicle may have difficulties reaching the address, this could be due tight corners, narrow roads, low trees, cables or building overhangs; please let us know in advance and we can agree an alternative destination in advance. It is the responsibility of the buyer to ensure that the products purchased can pass through doorways, hallways, rooms and staircases and that they are free from all obstacles. If the Buyer fails to disclose access problems prior to the delivery being affected, the Buyer shall be responsible for all additional fees or costs involved, including storage and re-delivery fees if incurred.
The buyer will ensure that proper provisions are made to ensure that carpets and flooring are protected for the delivery to take place. The delivery staff is required by law to wear protective footwear at all times. They are not allowed to remove footwear when unloading the vehicle, gaining access to the property or carrying furniture into the property.
We do not accept responsibility or liability for any marks or damage that may have been caused by delivery staff, to customer’s property or home furnishings.
Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
REFUND POLICY
Damaged Goods
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email or telephone within 48 hours of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
Where a claim of defect or damage is made the Seller shall be responsible for the recovery of the Goods from the Buyer. The Buyer shall be entitled to a full refund (including delivery costs) or exchange if the Goods are found to be damaged or defective when examined in our warehouse.
All returned goods must be sent to: Trendy Products UK LTD, c/o Masons Group, Storage House, Priority Enterprise Park, Cardiff Road, Barry, South Wales, CF63 2BG.
Cancellation & Return
If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by email or telephone within 7 working days of receipt of the Goods. The right to cancel does not apply to self-assembly goods which have been partially or fully assembled unless the goods are defective, faulty or not fit for the stated purpose.
Goods must be returned to the Seller at the Buyer’s expense within 14 days of receipt and should be adequately packed and insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (excluding delivery charges) within 30 days of cancellation, providing the goods are returned in their original saleable condition. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
Goods to be returned must clearly show the order number obtained from the Seller on the package.
Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
LIMITATION OF LIABILITY
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England & Wales and the parties hereby submit to the exclusive jurisdiction of the English & Welsh courts.
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