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Account Agreement

I accept the terms and conditions.

Terms and Conditions - March 2014

Definitions

1.1 In these Conditions, the following definitions apply:

  • Customer: the person or firm or company who purchases the Goods from Fortune Woods.
  • Goods: the items of furniture (or any part of them) set out in the Order.
  • Order: the Customer's order for the Goods, as submitted online by the Customer at trade.fortunewoods.co.uk.
  • Fortune Woods: Fortune Woods UK Limited (registered in England and Wales) with company number 07640857.

Basis of contract

2.1 These Conditions constitute the entire agreement between the parties. They shall apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order are complete and accurate.

2.3 The Order shall only be deemed to be accepted when Fortune Woods issues a written acceptance of the Order, at which point the Contract shall come into existence.

2.4 Any samples, drawings, descriptive matter, or advertising produced by Fortune Woods and any descriptions or illustrations contained in Fortune Woods' catalogues or brochures or on its website are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the agreement or have any contractual force.

2.5 Customers will be required to establish a facility with Fortune Woods which shall be activated only on receipt of the requisite documentation. Details of setting up a facility can be obtained directly from Fortune Woods.

Goods

3.1 The Goods are as described on Fortune Woods website at trade.fortunewoods.co.uk, and this description may be updated from time to time.

3.2 Fortune Woods reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.

Delivery or Collection

4.1 Fortune Woods shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Fortune Woods reference numbers, the type and quantity of the Goods.

4.2 Fortune Woods shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location).

4.3 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location and upon signature by the Customer that the Goods have been received in good condition.

4.4 Any dates quoted for delivery are approximate only and Fortune Woods will not be responsible to the Customer for any loss or damage (whether direct or indirect) sustained by the Customer as a result of the failure of Fortune Woods to comply with the delivery times.

4.5 Fortune Woods shall have the right to cancel or to reduce the volume of Goods delivered if Fortune Woods is prevented from or hindered in delivery of the Goods through circumstances beyond its control including (but not limited to) strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), acts of God, loss at sea, war, fires or prohibition or enactment of any kind without incurring any liability for any loss or damage.

4.6 Fortune Woods may deliver the Goods by instalments. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

4.7 Customers may collect the Goods from the Fortune Woods warehouse. Collections must be arranged and booked in advance with Fortune Woods and Customers will be required to sign receipt for Goods as being in good condition at the time of collection.

Quality

5.1 Fortune Woods warrants that on delivery the Goods shall:

  • 5.1.1 conform in all material respects with their description;
  • 5.1.2 be free from material defects in design, material and workmanship; and
  • 5.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
  • 5.1.4 be fit for any purpose held out by Fortune Woods.

5.2 Subject to clause 5.3, if:

  • 5.2.1 Customer gives notice in writing to Fortune Woods within 21 days of the time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1; and
  • 5.2.2 the Customer completes a returns form which shall include photographic evidence of the way in which the Goods do not comply with the warranty set out in clause 5.1; and
  • 5.2.3 Fortune Woods is given a reasonable opportunity of examining such Goods,
  • Fortune Woods may, in its absolute discretion, authorise the repair or replacement of the defective Goods, provided that:
    • in the case of replacement, the Customer may only have three such replacement requests in place on its account with Fortune Woods at any one time provided the oldest replacement request is no more than sixty days old. Any further replacement requests shall be held in abeyance until either the longest outstanding of the three existing replacement requests has be resolved or any replacement request of more than 60 days has been resolved; and
    • the defective Goods are returned to Fortune Woods at the time the replacement Goods are delivered to the Customer;
    • the Customer complies with the Fortune Woods returns policy entitled “Returns FAQ” issued from time to time by Fortune Woods and found at Returns FAQs; and
    • in the case of repair, Fortune Woods will send out a qualified technician to repair the Goods.

5.3 Except as provided in this clause 5, Fortune Woods shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.

5.4 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

5.5 These Conditions shall continue to apply to any repaired or replacement Goods supplied by Fortune Woods.

Title and risk

6.1 The risk in the Goods shall pass to the Customer on completion of delivery or collection.

6.2 Title to the Goods shall not pass to the Customer until Fortune Woods has received payment in full (in cash or cleared funds) for the Goods.

Price and payment

7.1 The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in Fortune Woods's published price list in force as at the date of delivery.

7.2 Fortune Woods reserves the right to amend the prices of Goods at any time.

7.3 The price of the Goods is exclusive of the costs and charges of packaging, insurance and transport of the Goods (insofar as these apply to the Order), which shall be invoiced to the Customer.

7.4 The price of the Goods is exclusive of amounts in respect of value added tax (VAT). The Customer shall pay to Fortune Woods such additional amounts in respect of VAT as are chargeable on the supply of the Goods.

7.5 Customers are required to pay on receipt of a pro-forma invoice by either cheque or a BACS payment. A VAT invoice will be issued once payment has been received.

Customer's insolvency or incapacity and termination

8.1 If the Customer does anything or fails to do anything which would entitle a receiver to take possession of their assets or which would entitle any person to present a petition for the winding up or bankruptcy of the buyer, then, without limiting any other right or remedy available to Fortune Woods, Fortune Woods may cancel or suspend all further deliveries under the Contract or under any other contract between the Customer and Fortune Woods without incurring any liability to the Customer, and all outstanding sums in respect of Goods delivered to the Customer shall become immediately due.

8.2 Fortune Woods reserves the right to terminate the Customer's facility at any time without notice.

8.3 Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination. Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.

Limitation of liability

9.1 Nothing in these Conditions shall limit or exclude Fortune Woods's liability for:

  • 9.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
  • 9.1.2 fraud or fraudulent misrepresentation;
  • 9.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
  • 9.1.4 defective products under the Consumer Protection Act 1987.

9.2 Subject to clause 9.1:

  • 9.2.1 Fortune Woods shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
  • 9.2.2 Fortune Woods's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.

Internet Selling

10.1 The Customer must not use Fortune Woods' product/item codes for their own Internet marketing purposes.

10.2 Other than where expressly authorised by Fortune Woods, Fortune Woods does not allow Customers to market Goods purchased under these terms and conditions under the Fortune Woods brand or range names.

10.3 The Customer's products must not be searchable by product code alone, through any major search engines. Fortune Woods does not approve of using "multi retailer" shopping cart systems for selling and does not allow Fortune Woods products to be sold in this way.

10.4 The Customer is prohibited from using pay-per-click advertising in relation to Fortune Woods' products, range names or brand.

10.5 All Fortune Woods customer account holders must have their contact phone number and full postal address clearly visible on their website.

10.6 Fortune Woods does not permit any Buyer/Retailer to advertise or promote any Fortune Woods' products on eBay, Amazon or any other Multi Retailer selling website, other than where this activity has been expressly authorised by Fortune Woods. Accounts found to be using these websites will have their trading terms revoked and their Fortune Woods trade account closed.

General

11.1 Assignment and subcontracting.

  • 11.1.1 Fortune Woods may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
  • 11.1.2 The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of Fortune Woods.

11.2 Notices.

  • 11.2.1 Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier, fax or e-mail.
  • 11.2.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 11.2(a); if sent by pre-paid first class post or recorded delivery, at [9.00 am] on the [second] Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by by fax [or e-mail], one Business Day after transmission.
  • 11.2.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

11.3 Severance.

  • 11.3.1 If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
  • 11.3.2 If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

11.4 Waiver.

  • 11.4.1 A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

11.5 Third party rights.

  • 11.5.1 A person who is not a party to the Contract shall not have any rights under or in connection with it.

11.6 Variation.

  • 11.6.1 Except as set out in these Conditions, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by a duly authorised representative of Fortune Woods.

11.7 Governing law and jurisdiction.

  • 11.7.1 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
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