Terms and conditions
All orders that you place with Fiesta Furniture will be subject to acceptance in accordance with these Terms. These Terms may be amended at any time by Fiesta Furniture. They may also be extended to include other conditions applicable to specific goods or services offered by Fiesta Furniture from time to time. It is your responsibility to read the Terms every time you place an order. Fiesta Furniture reserves the right in its absolute discretion at any time and without notice to remove, amend or vary the content, which appears on any page of the Web Site. This Web Site is directed towards businesses and it is assumed that each order is placed on behalf of a business. By your acceptance of these terms you confirm that you have the necessary authority to bind the business you are placing the order on behalf of. You agree, by your acceptance of these Terms, that any material, information and ideas that you transmit to this Web Site or otherwise shall become and shall remain the property of Fiesta Furniture.
The “Goods” means the items purchased by you from us via this website, the sale and supply of which are subject to these Terms; Fiesta Furniture will sell and you will purchase the Goods on these Terms. Fiesta Furniture reserves the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements, or where the Goods are to be supplied to Fiesta Furniture’s specifications, which do not materially affect their quality or performance. Whilst all sizes and measurements are approximate only we will use our best endeavors to ensure that they are as accurate as possible.
You will be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving any necessary information relating to the Goods and delivery requirements within a sufficient time to enable Fiesta Furniture to perform the contract in accordance with the Terms. Once your order has been submitted, we will email you confirming your order. This confirmation email will form our acceptance of your offer and will constitute the formation of a legally binding contract between us. We reserve the right to refuse customer orders at our own discretion.
It is your responsibility to ensure the accuracy of the delivery address and contact details added in the checkout section of the online ordering processing system. If we are unable to deliver a shipment because of an incorrect address we will make all reasonable efforts to find the correct address. We will notify you of the correction and deliver or attempt to deliver the shipment to the correct address although additional charges may apply. Where we are unable to complete the delivery of a shipment for whatever reason we will try to leave a notice at the receiver’s address stating that delivery has been attempted and the whereabouts of the shipment. If the receiver refuses to accept delivery, we will try to contact you and agree the appropriate next action. You agree to pay us any costs we incur in forwarding, disposing of or returning the shipment and our charges (if any) for making a extra delivery attempts and for the agreed appropriate next action. When accepting delivery of your order ensure the products are in satisfactory condition, we do not accept returns for damaged items after they have been signed off following delivery.
All products displayed on our website are subject to availability.
Colours and Shades
We will endeavour to maintain colours and shades of any product, however, we are unable to guarantee that there will not be slight differences in shades. This refers to part and whole products. Additionally we will endeavour to closely match colours and shades to samples on customers request, although we are unable to guarantee that there will not be slight variations in colour and shade. Pictures used in our product images are images of our actual products, any variation in color is due to the lighting used in the photographing of the products.
Whilst all sizes and measurements provided to customers are approximate only, we will use our best endeavours to ensure that they are as accurate as possible.
The price of the Goods will be Fiesta Furniture’s quoted price and is exclusive of Value Added Tax, and all costs or charges in relation to packaging, loading, unloading, carriage and insurance. Fiesta Furniture reserves the right to change its advertised prices at any time. Any quotation provided by the Seller to the Buyer is valid for a period of fourteen days only from the date when it was dispatched in writing by the Seller to the Buyer, or such earlier period as may be stipulated on the quotation. Fiesta Furniture reserves the right, by giving notice to you at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to Fiesta Furniture which is due to any factor beyond the control of Fiesta Furniture (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, material or other costs of manufacture). Any such increase in price shall be intimated to you and you shall have a period of five working days to confirm whether you wish to proceed with the Order. Your failure to reply to our said intimation will be deemed to be acceptance of the price increase. Any increase in price due to a change in delivery dates, quantities or specification of the Goods which is requested by you, or any delay caused by any instructions of you or failure of you to give Fiesta Furniture adequate information or instructions may also result in an increase in price, which will not be subject to further agreement by you. We try and make sure that all prices on our website are correct but occasionally errors may occur. If we identify a pricing error with the goods you have ordered we will attempt to contact you and you can either accept the correct price and confirm you wish to proceed with the new order or cancel it. If we are unable to contact you we will automatically cancel the order and if a refund is due you will be refunded.
Fiesta Furniture is entitled to payment for the Goods before commencing delivery of the Goods. If you fail to make payment for the Goods Fiesta Furniture will be entitled to cancel the contract or suspend delivery of the Goods to you until payment is made in full.
Price Match Promise
The Fiesta Furniture Price Match Promise must apply to identical products currently available on the market, in terms of make, model, size, material and colour. It does not apply to variations / non trade versions of any product we sell.
Delivery of the Goods will be made once the Goods have been delivered to the place of delivery notified by you to Fiesta Furniture and the accompanying consignment note has been signed by an individual aged 18 or over on your behalf. Please note: Deliveries are made to the kerbside only unless otherwise agreed with Fiesta Furniture at time of arranging delivery, and assistance with delivery must be provided by the customer. It will be your responsibility to check that the number of boxes or items delivered matches the accompanying consignment note before signing. We aim to deliver a very high standard of service and we will make every effort to deliver the Goods, as near to the specified delivery date as possible, however delays are sometimes inevitable due to unforeseen factors. Therefore, any dates quoted for delivery of the Goods are approximate only and Fiesta Furniture will not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence of the contract. The Goods may be delivered by Fiesta Furniture in advance of the quoted delivery date. If Fiesta Furniture fails to deliver the Goods for any reason other than any cause beyond Fiesta Furniture reasonable control or your fault, and Fiesta Furniture is accordingly liable to you, Fiesta Furniture’s liability shall be limited to a refund of the Price of the Goods.
If you fail to take delivery of the Goods or fail to give Fiesta Furniture adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of Fiesta Furniture) then, without prejudice to any other right or remedy available to Fiesta Furniture, Fiesta Furniture may: store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the contract or charge you for any shortfall below the price under the contract.
Deliveries are generally made from Monday-Friday from 9:00am-6pm (Excluding Bank Holidays).
Risk and Property
Risk of damage to or loss of the Goods will pass to you at the time when Fiesta Furniture has tendered delivery of the Goods. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of the Terms, the property in the Goods will not pass to you until Fiesta Furniture has received cleared funds in full payment of all sums due.
Warranties and Liability
Subject to the conditions set out below Fiesta Furniture warrants that the Goods will correspond with their specification at the time of delivery. Where Fiesta Furniture sells Goods supplied by a Third Party, Fiesta Furniture does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but will assign to you the benefit of the manufacturer’s warranty given by the third party supplying the Goods to Fiesta Furniture. The above warranty will be assigned by Fiesta Furniture subject to the fact that Fiesta Furniture shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, or storage in a hostile environment, failure to follow Fiesta Furniture instructions or a third party’s instructions (where the Goods have been supplied by a third party to Fiesta Furniture – whether oral or in writing) misuse or alteration or repair of the Goods without Fiesta Furniture’s approval. Subject as expressly provided in these Terms, all warranties, conditions or other Terms implied by statute or common law are excluded to the fullest extent permitted by law. Any claim by you which is based on any discrepancy or error relating to order volume, must be brought to the attention of Fiesta Furniture within 24 hours of delivery. This applies to bespoke and non-bespoke orders. Defect in the quality or condition of the Goods or their failure to correspond with the specification must (whether or not delivery is refused by you) be notified to Fiesta Furniture within 3 working days from the date of delivery. If delivery is not refused and you do not notify Fiesta Furniture of any defect/ order volume error accordingly, you will not be entitled to reject the Goods and Fiesta Furniture shall have no liability for such defect or failure and you will not be entitled to a refund of the price (if applicable) as if the Goods had not been delivered in accordance with the contract. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to Fiesta Furniture in accordance with these terms, Fiesta Furniture shall be entitled to replace the Goods (or the part in question) free of charge or, at Fiesta Furniture’s sole discretion, refund to you the price of the Goods (or a proportionate part of the Goods), but Fiesta Furniture shall have no further liability to you. Except in respect of death or personal injury caused by Fiesta Furniture’s negligence, Fiesta Furniture shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit, goodwill or reputation or otherwise), economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings) costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Fiesta Furniture, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use by you, and the entire liability under or in connection with the contract shall not exceed the price of the Goods paid by you for the Goods supplied, except as expressly provided in these terms. Notwithstanding the above, Fiesta Furniture’s aggregate liability (whether in contract, tort or otherwise) for loss of damage shall in any event be limited to a sum equal to the amount paid or payable by you for the Goods in respect of one incident or series of incidents attributable to the same clause. Fiesta Furniture shall not be in breach of contract by reason of any delay in performing, or any failure to perform, any of Fiesta Furniture’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond Fiesta Furniture’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Fiesta Furniture’s reasonable control: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Fiesta Furniture or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
Cancellations and Returns
Items available from stock may be cancelled, provided the goods have not been dispatched. If goods have been dispatched then they may only be returned if they are unused, unassembled, in their original packaging and in a resalable condition. Returns are subject to restocking and handling charges, a minimum restocking charge of 35% will apply. If you have received the goods before you cancel your contract then you must send the goods back to our warehouse at your own cost and risk. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to invoice you for the direct costs of recovering the goods from the amount to be re-credited to you.
Non-stocked” items and “Made-to-order” items cannot be cancelled or amended once we are in receipt of your order.
Insolvency of you
The Terms may be terminated by Fiesta Furniture, if at any time you cease trading, or become apparently insolvent or have a trustee in sequestration appointed, combine with your creditors, or have a liquidator, receiver or administrator appointed over all or any of your assets other than for the purposes of amalgamation or reconstruction or undergo any analogous act or proceeding under foreign law.
These terms constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except with the prior written approval of Fiesta Furniture. All other terms and conditions express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. Fiesta Furniture reserves the right to terminate the contract as set out in these Terms, by notice to you sent via e-mail, fax or by letter. Termination will occur at the time Fiesta Furniture transmits the message or posts the letter. Any communication sent electronically by e-mail or otherwise will be deemed to have been sent once it enters a system for generating, sending, receiving, storing or otherwise processing electronic communications (‘Information System’); will be deemed to have been received by you at the time that in a readable form it enters an Information System which is capable of access by you; will be deemed have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides; and will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides. You must not assign or sub-contract any of your rights or obligations under these Terms or any related order for Goods to any third party unless agreed upon in writing by Fiesta Furniture. Fiesta Furniture reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its right or obligations under these terms and conditions or any related contract to any third party. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question will not be affected. No failure or delay of Fiesta Furniture to exercise any powers, rights or remedies under these terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. To be effective any waiver must be in writing and signed by an authorised representative of Fiesta Furniture. If a dispute arises out of or in connection with these Terms, the parties will, with the help of the Centre for Dispute Resolution (CEDR) seek in good faith to resolve it by alternative dispute resolution. If the parties fail to agree terms of settlement within twenty-eight days of commencement of the procedure then either party shall have the option of commencing litigation. The commencement of the procedure is defined as the commencement of the first dispute resolution meeting. The contract between us shall be governed by the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English courts.
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