Terms & Conditions
These are the terms and conditions on which we supply products to you. These terms tell you who we are, and how we will provide products to you. Please read these terms carefully before you submit your order to us. These conditions shall apply to all contracts and website sales unless expressly varied in writing by us.
By placing an order with us, you will be deemed to have read, understood and agreed to these Terms and Conditions.
Payment in full or payment of deposit by you or written confirmation is deemed to be acceptance of the contract as set out in these terms and conditions to the exclusion of all other Terms and Conditions including any Terms and Conditions which the Client may purport to apply under any purchase order, confirmation of order or similar document.
1. INFORMATION ABOUT US
1.1 We are Holmes Interiors Limited trading as Holmes Bespoke. A company registered in England and Wales. Our company registration number is 11512417 and our registered address is a 18 Whitehall Gardens, Chiswick, London W4 3LT. Our registered VAT number is 305578106. Our website address is www.holmesbespoke.com
1.2 Should you have any queries, please contact us before placing an order, either by telephoning +44 (0) 20 3737 7118 or by email at Info@holmesbespoke.com.
1.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
1.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2. OUR CONTRACT WITH YOU
2.1 Orders can be made or submitted to us online at holmesbespoke.com, direct via phone or agreed upon in purchase orders over email or signature.
2.2 The bespoke made to order agreements will be deemed accepted when you sign the purchase order and/or pay in full or a deposit to confirm all details and specifications of your order.
2.3 Our acceptance of your order will take place when we write to you to accept it at which point a contract will come into existence between you and us.
3. OUR PRODUCTS
3.1 All of our products are hand made and can vary in size by up to 5% in width or length from the size agreed.
3.2 If we are making the product to measurements you or a third party instructed by you have given us, you are responsible for ensuring that these measurements are correct.
3.3. Our rugs are hand made and include natural materials. Dying is a manual process and colours may vary slightly from rug to rug or against samples
3.4 Every effort has been made to reflect the true colour of our rugs on screen and in print. However due to the nature of various computer monitor configurations, and printed brochures colour representations may vary.
3.5 Our rugs are made to order. Where you require any specific materials or treatments of rugs to meet any regulations, be that safety, allergy, fire or any other requirement, be that certified or otherwise it is your responsibility to inform Holmes Bespoke and to have this noted within your purchase order. Requests can be accommodated however Holmes Bespoke shall in no circumstance accept any responsibility for any issues relating from any product unless it was specified at point of sale.
4. SAMPLES
4.1 Every effort is taken to ensure that the products supplied correspond as closely as possible to the samples. However variations can occur due to the nature of bespoke hand made products. We cannot guarantee that the colour, texture, pile depth or other aspects of the appearance of the goods will exactly match that of the sample.
4.2 Under the terms of this contract you acknowledge that our rugs and carpets contain natural materials and accept that some variations in colour and texture may occur. You further accept and acknowledge that the finishing of the goods may produce some differences in appearance from that of the samples provided. Samples are for guidance only and as a general indication of the nature of the goods.
5. COPYRIGHT
5 .1 The sale of our products to you does not confer any right of license upon you to use, exploit, or to otherwise utilise any intellectual property right subsisting in or relating to the goods of which we are otherwise entitled to. The unauthorised copying of any of our designs, which are protected by design copyright, may give rise to legal action. When commissioned to create a bespoke design, Holmes Bespoke retain the design IP unless otherwise agreed in writing.
6. DELIVERING THE PRODUCTS
6.1 During the order process, we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible and in any event, we will contact you with an estimated delivery date that will be within 12 weeks after the day payment is received, artwork for bespoke items is signed and approved, or receipt of deposit, unless otherwise stated in writing.
6.2 The costs of delivery will be as told to you during the order process. Unless specifically agreed in writing as part of your order you will be expected to cover the costs of delivery.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event.
6.4 Any delivery date quoted is a genuine estimate and shall not be legally binding. Scheduled deliveries will be rescheduled if the buyer fails to meet the payment terms.
6.5 Time of delivery shall not be the essence of the contract. We will not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profit, pure economic loss, loss of market, loss of business, depletion of goodwill and similar loss, costs, damages, charges or expenses caused or the consequences of delay of delivery or collection, however caused.
6.6 It is your responsibility to ensure items purchased can fit through internal and external access points including all passages, stairwells, landings and doorways on the way to the destination room. We hold no responsibility for items not fitting in the premises and any rework or restocking fees will be payable by you prior to final delivery. Please ask for packing sizes if required.
6.7 Every effort will be made to ensure that the goods ordered by you arrive undamaged and without defect. If the item is damaged, please retain the packaging. All claims for loss or damage must be made before the end of the next working day. In all events, the limits of liability for any fault or defect shall not exceed the purchase price of the item. Items must be returned before a replacement can be offered.
6.8 If we are unable, for whatever reason, to deliver the goods on the confirmed delivery date, we reserve the right to charge you further for any subsequent deliveries.
6.9 We will offer to store the products for up to one (1) calendar months following completion of manufacture of your order, free of charge. Thereafter we reserve the right to apply a discretionary charge for on-going storage, which will be calculated at a rate of 2% of the total sold value of the products (including VAT if applicable) per calendar month, and pro-rata for any days or weeks within a monthly cycle, up to the date of delivery.
6.10 The product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
7. IMPORT DUTY
7.1 Shipments outside the UK may be subject to import duties and taxes, which are the sole responsibility of the recipient. Please contact your respective customs office for further information about specific duties and taxes for your country. In addition, we are required by law to disclose the full value of package contents and cannot alter the value of your invoice or receipt.
7.2 You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
7.3 You must provide any requested paperwork to customs as soon as possible. If there are delays and subsequently storage charges as a result of your inability to provide paperwork in a timely manner then you may be liable for any additional charges.
8. EVENTS OUTSIDE OUR CONTROL
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event). This includes any act, event, non-happening, omission or accident beyond our reasonable control. For example (without limitation): (a) strikes, governmental interruptions; (b) riots, pandemics, terrorist attacks or war; (c) fire, storm, flood, earthquake or other natural disaster; and (e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private HOLMES INTERIORS LTD. T/A HOLMES BESPOKE T: +44 (0) 20 3737 7118 E: INFO@HOLMES BESPOKE.COM HOLMESBESPOKE.COM transport.
8.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues and we will have an extension of time for performance for the duration of that period. We will do our best to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
9. TERMS OF PAYMENT
9.1 For online purchases the price of the Products and our delivery charges will be as confirmed at check-out.
9.2 For online purchases Product prices include VAT.
9.3 Product prices and delivery charges are liable to change at any time but changes will not affect orders already placed.
9.4 Our site (holmesbespoke.com) contains a number of Products, we will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. If a Product listed on our site is incorrectly priced, we reserve the right to cancel the order.
9.5 Payments for all Products must be by credit/debit card (via WorldPay), PayPal, cheque or bank transfer.
9.6 Payment: (a) If 100% of the payment has not cleared seven days after you made (or attempted to make) payment for a Product (referred to in the Order Confirmation); or (b) at any time it is recalled or revoked, we shall be entitled to terminate the Contract.
9.7 When you must pay and how you must pay for bespoke sales made off-line: A 50% non re-fundable deposit is required to begin the artwork and sampling of your bespoke order unless otherwise agreed in writing. Once artwork and samples are approved and signed off production will begin, it is from this approval date that the delivery date is calculated as per clause 7.2. The remaining 50% balance must be paid in cleared funds at least 7 working days prior to the scheduled dispatch date.
9.8 Preferred payment method is by bank transfer to the following account: Payee: HOLMES BESPOKE Bank: BARCLAYS BANK, LEICESTER, LE87 2BB Sort Code: 20-90-74 Account No: 73353664 Swift: BUKBGB22 IBAN: GB53BUKB20907473353664
9.9 For orders outside of the UK, the client will pay all local duties and taxes in the country of delivery for the goods purchased under the invoice number associated with the order. We are not responsible for local duties and taxes.
9.10 If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 2% per month above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. If within 30 days the balance invoice is not paid, we reserve the right to cancel the order and retain the goods along with the 50% deposit.
9.11 All sums become due and payable in accordance with the Contract under these Terms and Conditions before the date of dispatch of the Goods.
10. CONSUMER RIGHT
10.1 All of our Products are made to your specifications (i.e. are ‘custom made’ or ‘bespoke’). This means that, unlike most consumer contracts, you will not have any right to cancel a Contract.
10.2. All rugs are custom made to your size and are non returnable unless faulty or damaged upon receipt. All damages or order errors must be reported immediately on receipt of your goods.
10.3. The term 10 does not effect your other legal rights.
11. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
11.1 We have the right to revise and amend these terms and conditions from time to time but you will be subject to the terms and conditions in force at the time that you order Products from us (unless any change to these terms and conditions is required to be made by law, in which case it will apply to orders previously placed by you).
11.2 If we change these terms and conditions, you will be required to accept the new version of them before you may order further Products from us.
12. OTHER IMPORTANT TERMS
12.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.3 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, we can still require you to make the payment at a later date.
12.4 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.