The terms and conditions listed below apply to this website (www.nobledesignslimited.com) and to all Orders received by Noble Designs Ltd by email, telephone or post. By accessing the website and by placing an Order (by whichever method), you agree to be bound by these terms and conditions, irrespective of whether you choose to register with us. We may update these terms and conditions at any time and would ask that you check this page every now and again to ensure that you still agree with any new terms and conditions. If you do not agree with any new terms and conditions, please do not use the website.
1. Contact details
1.1 Our contact details are as follows.
Noble Designs Ltd
Castle Hill House
Castle Hill
Windsor, Berkshire
SL4 1PD
Telephone: 01753 655443
Company registration: 05756846
VAT registration number: 909 7064 07
2. Application of conditions
2.1 These Conditions shall apply to the exclusion of any other terms and conditions.
2.2 Each Order that you place shall be deemed to be an offer by you to purchase the Goods from Noble Designs Ltd subject to these Conditions.
2.3 Each Order that you place shall be deemed to be accepted by Noble Designs Ltd and there will be no binding contract between Noble Designs Ltd and you until we deliver the Goods to you, in accordance with the clause on Delivery.
2.4 If, for any reason, we do not accept your Order, will advise you as soon as is practicable and there will be no binding contract between us.
2.5 You must ensure that the details you provide us with are complete and accurate and that you provide us with all the necessary information relating to the supply of the Goods within a sufficient time to allow us to perform the Contract in accordance with these Conditions.
3. Prices and Payment
3.1 All our prices include VAT at 20% and this is shown separately on your invoice.
3.2 Our standard delivery charge is £5.95 for small items and £50 for deliveries of large items within mainland UK.
3.3 We can arrange to have your Goods delivered to you if you live outside this area. You should contact us if you wish to do this at the time of ordering your Goods. You should confirm acceptance of the delivery charge in writing.
3.4 The Contract Price for the supply of the Goods shall be as set out in the Confirmation.
3.5 All Goods must be paid for in full before they are delivered to you.
3.6 If we make an error in the confirmation or on any invoice or receipt, we will correct that error within 60 days of being notified of any error.
3.7 You shall pay the Contract Price without any deduction, whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid to us by you.
3.8 Time for payment shall be of the essence.
3.9 Payment shall only be deemed to have been received when Noble Designs Ltd has received cleared funds. If you intend to pay for the Goods using credit or debit card, then we shall clear your transaction at the time of you placing your Order, before we despatch the Goods to you.
4. Registration
All registrants to this website must be 18 years or over.
5. Ordering goods from us
5.1 While we do not ask you to register with us the first time you order, we do capture some details about you and provide you with a user name and password to sign into your account. This allows you to keep track of your Order.
5.2 An Order is considered to have been placed once you have gone through our online checkout process, or we have taken your card details over the phone. You must ensure that you check your Order carefully for any errors or changes that you may wish to make to it. We will have accepted your Order once we have despatched the Goods to you.
5.3 We may refuse to accept an Order:
5.3.1 if we cannot obtain authorisation for your payment;
5.3.2 if an error has been made with regards to the price or description for a product;
5.3.3 if you do not meet any of the Conditions set out here.
5.4 It is vital that you provide all the correct details when paying by credit or debit card, particularly the billing address and your telephone number. Any incorrect information could lead to delays in the processing of an Order and, in such a case, we will contact you to authorise the payment you have made.
5.5 If an item is not in stock and could take more than 28 days to obtain, we will contact you and notify you of this. You may choose to wait for your Goods to arrive or you may wish to cancel your Order (provided the Goods are not bespoke or commissioned or amended in any way). If you cancel your Order,we will give you a full refund. Bespoke, commissioned or amended Goods cannot be cancelled and we will not be in a position to offer you a full or partial refund.
6. Deliveries
6.1 All delivery charges displayed on our website are guidelines. Final delivery charges will be confirmed before despatch of the Order.
6.2 Orders are scheduled for despatch up to 30 days from receipt when the Goods are in stock.
6.3 If a delivery fails, resulting in the return of the Goods to Noble Designs Ltd by the delivery team, an additional delivery charge at the same rate as the original will be levied on re-delivery.
6.4 If Goods arrive in a damaged condition, you must make a note of this on the delivery sheet. It is your responsibility to notify Noble Designs within three days of receipt by e-mail.
6.5 Unless otherwise agreed in writing by you and Noble Designs Ltd, the delivery of the Goods will take place:
6.5.1 at the address you have specified in the Order (if the Goods are to be delivered to another address other than the registered cardholder’s address, proof of address will be required);
6.5.2 within 30 days after the day on which Noble Designs Ltd receive the Goods from our suppliers.
6.6 Provided that we deliver the Goods at the address you have specified in the Order (or any other address agreed by us in writing), then the Goods will be deemed to have been delivered and Noble Designs Ltd will not be liable to you for non-delivery of the Goods. We do not have to satisfy ourselves that the person who accepts delivery at the given address is you (or authorised by you to accept delivery of the Goods).
6.7 If the Goods you have ordered are not available or are discontinued and we are unable to deliver them to you within the 60 days (or any other time limit agreed by the parties), we shall:
6.7.1 inform you of this;
6.7.2 cancel the Contract
6.7.3 reimburse any sum you have paid (or which has been paid on your behalf) under the Contract to the person by whom payment was made no later than 60 days after the due date for delivery of the Goods under the Contract.
6.8 Subject to clause 6.5, any dates and times quoted for delivery of the Goods are approximate only. The Goods may be delivered to you in advance of any quoted date upon giving you reasonable written notice.
6.9 Noble Designs Ltd will not be liable to you for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by our negligence).
6.10 Any liability of Noble Designs Ltd for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
6.11 The quantity or content of any consignment of Goods as recorded by Noble Designs Ltd upon despatch from the Address shall be conclusive evidence of the quantity or content received by you on delivery, unless you can provide conclusive evidence proving the contrary.
6.12 We reserve the right to suspend future deliveries of Goods and cancel any Contracts with you and your right to possession of the Goods shall terminate immediately if you:
6.12.1 have a bankruptcy order made against you or make an arrangement or composition with your creditors;
6.12.2 convene a meeting of creditors or enter into liquidation (whether voluntary or compulsory), except a solvent voluntary liquidation for the purposes only of reconstruction or amalgamation;
6.12.3 have a receiver and/or administrator or administrative receiver appointed of its undertaking or any part thereof;
6.12.4 pass a resolution or you are served with a petition for the winding up of for the granting of an administration order in respect of you;
6.12.5 have proceedings issued against you in relation to your insolvency or potential insolvency; 6.12.6 suffer or allow any execution to be levied on your property or obtained against you;
6.12.7 fail to observe/perform any of your obligations under the Contract or any other contract between Noble Designs Ltd and you;
6.12.8 are unable to pay any debts within the meaning of section 123 of the Insolvency Act 1986;
6.12.9 cease to trade; or
6.12.10 encumber or in any way charge any of the Goods.
6.13 Goods delivered by Noble Designs Ltd or by a third party contracted to undertake delivery on our behalf to you are delivered only to inside the customer’s doorstep. Please ensure that there is enough access for our delivery vehicle and delivery team to do this. If the customer requests that the item is taken upstairs and any damage to fixtures, fittings (such as lampshades, tables etc.) or the structure of the house i.e. plasterwork or brickwork occurs, the customer undertakes not to hold Noble Designs Ltd, its employees or subcontractors responsible for any such damage if it occurs. Such an action is undertaken solely on the individual customer’s own responsibility.
6.14 The Goods shall be at your risk from the time of delivery at the Delivery Place. If you wrongfully fail to take delivery of the Goods, then risk of the Goods shall pass to you at the time when we tendered delivery of the Goods. | 7. Warranties
7.1 Subject to the Conditions set out below, we warrant that the Goods will correspond with their specification at the time of delivery and will be free from defects in quality, material workmanship and condition for a period of 12 months from delivery.
7.2 We shall not be liable for a breach of any of the warranty in clause 7.1 unless: 7.2.1 you give us written notice of the defect within three days of the time you discover or ought to have discovered the defect; and
7.2.2 we are given reasonable opportunity after receiving your notice of defect to examine the Goods in question and you (if asked by us to do so) shall return the Goods to the Address at our Cost for the examination to take place there.
7.3 We shall not be liable for a breach of the warranty in clause 7.1 if:
7.3.1 you make any further use of such Goods after giving notice of the defect to us
7.3.2 the defect arises as a result of fair wear and tear, wilful damage, negligence, misuse, abnormal working conditions or your failure to follow our oral or written instructions as to the storage or use of the Goods;
7.3.3 you alter or repair such Goods without our prior written consent.
7.4 Subject to clause 7.2, if any of the Goods do not conform with any of the warranty in clause 7.1, then within 30 days of us examining the defective Goods, we shall (at our option):
7.4.1 repair or replace such Goods (or the defective part) free of charge; or
7.4.2 refund the price of such Goods (or a proportionate part of the price) provided that you deliver up the Goods for collection (or, if we so request and at our expense you return the Goods of the part of such Goods which is defective to us at the Address).
7.5 If we comply with clause 7.4, we shall have no further liability for a breach of any of the warranty in condition 7.1 in respect of such Goods.
8. Our cancellation and returns policy
8.1 We do not refund cancellations of bespoke, commissioned or amended Goods or goods that do not fit into the room for which they have been bought. You must check before you buy any Goods that they will fit into the room for which they are intended.
8.2 For other Goods, you may cancel your contract on the following bases only:
8.2.1 if you notify us in writing before the Goods have been despatched to you;
8.2.2 if the Goods you have ordered are not in stock and it will take us more than 30 days to despatch the Goods to you. You must notify us in writing that you wish to cancel your contract;
8.2.3 within seven days of the Goods having been received by you, subject to the next clause. You must notify us in writing that you wish to cancel your contract within seven days.
8.3 If you want to cancel your contract after your Goods have been delivered to you:
8.3.1 you must notify us in writing within seven days that you wish to return your Goods;
8.3.2 you must retain possession of the Goods and take good care of them until such time as you return them to us. The Goods cannot be used in the meantime;
8.3.3 you must return the Goods in the original packaging and in the original, unassembled condition in which you received them;
8.3.4 you must bear the costs of returning the Goods to us.
8.4 You should note the following.
8.4.1 Noble Designs will not refund, exchange or repair free of charge any Goods damaged by you, or that are marked or no longer of merchantable quality as a result of your actions, including damage caused by the return of the Goods by you.
8.4.2 Goods that are defective may be returned to us only if you notify us in writing within three days of receiving the damaged Goods, subject to our clause on Warranties.
8.4.3 Once the Goods have been returned to us in a merchantable state, we shall reimburse you any money that you have paid (by cash, cheque, or credit card) under the contract to the person by whom payment was made as soon as practicable.
8.4.4 You cannot return bespoke or commissioned Goods or Goods that have been used. Your statutory rights are unaffected.
9. Intellectual Property and Copyright
9.1 The copyright and intellectual property rights in all material on this website (including all pictures, designs, photographs, logo, text and other material) are owned by Noble Designs Ltd or our licensors. All rights reserved. No part of this website may be copied, modified, reproduced, distributed, incorporated or stored into any other work in any form or included in any public or private electronic retrieval system or service without our prior written consent. Infringement of any copyright or trademarks on this website may lead to legal action against the infringer.
10. Liability
10.1 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a “consumer” within the meaning of the Unfair Contract Terms Act 1977, all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
10.2 Where the Goods are sold under a “consumer transaction” as defined by the Consumer Transactions (Restrictions on Statements) Order 1976, the statutory rights of the Buyer are not affected by these Conditions.
10.3 Nothing in these Conditions excludes or limits our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.
10.4 Subject to clauses 10.1, 10.2 and 10.3:
10.4.1 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to Contract Price; and
10.4.2 We shall not be liable to you for any indirect or consequential loss or damage (whatever the loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) that arise out of or in connection with the Contract.
11. Force Majeure
11.1 Noble Designs Ltd shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform any of Noble Designs Ltd's obligations relating to the Contract if the delay or failure was due to any cause beyond Noble Designs Ltd's reasonable control including, without limitation:
11.1.1 Acts of God, fire, explosion, epidemic or flood;
11.1.2 War or national emergency;
11.1.3 Riot, civil commotion, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce);
11.1.4 Restraint or delays affecting carriers or inability or delay in obtaining supplies of adequate suitable materials;
11.1.5 import or export regulations or embargoes (including the failure of the Company's suppliers to obtain any necessary export permits, licences or other authorisations);
11.1.6 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
11.2 Provided that, if any event referred to in clause 11.1 continues for a period in excess of 30 days, you shall be entitled to give us notice in writing to terminate the Contract.
13. Assignment of Contract
13.1 You shall not be entitled to assign the Contract or any part of it without our prior written consent.13.2 We may assign the Contract or any part of it to any person, firm or company.
14. General
14.1 Each right or remedy of Noble Designs Ltd under the Contract is without prejudice to any other right or remedy of Noble Designs Ltd whether under the Contract or not.
14.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable, or unreasonable, it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability, or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect, provided the overall effect of the Contract is more or less the same.
14.3 Failure or delay by Noble Designs Ltd in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
14.4 Any waiver by Noble Designs Ltd of any breach of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breech or default and will in no way affect the other terms of the Contract.
14.5 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
15. Governing law and jurisdiction
15.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
Glossary of Terms Used on the Site
"Noble Designs Ltd", "we", "us": Noble Designs Ltd
"Buyer", "you": the person(s), firm or company that purchases the Goods from Noble Designs Ltd
"Conditions": written acceptance of your Order (by electronic mail or otherwise) that we will issue to you as soon as practicable after receiving your Order
"Contract": any contract between yourself and Noble Designs Ltd for the sale and purchase of the Goods incorporating these Conditions, whether effected by electronic mail through this website, or otherwise
"Contract Price": the price for the sale and delivery of the Goods as specified in the Confirmation and which is the sum of:
a. the price of the Goods;
b. the Delivery Costs (if any);
c. any value added tax payable on the above .
"Delivery Costs": all Goods (see the Delivery page on this website) If Goods are to be delivered outside the United Kingdom, then the Delivery Costs will be all costs or charges in relation to the delivery of the Goods (including loading, unloading, insurance and carriage).
"Delivery Place": address for delivery as specified by you in the Order
"Goods": any item(s) including any part(s) or accessories supplied to you by Noble Designs Ltd
"Order": your offer to purchase Goods that you place with us (either by electronic mail or by telephone). |
