Terms and Conditions
In these Conditions the following words have the following meanings: Word Meaning “the Buyer” the person(s), firm or company who purchases the Goods from the Company; “the Company” Indigo Furnishings Limited t/a Living
Space; “Contract” any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Conditions; and “Goods” any goods agreed in the Contract to be supplied to the Buyer by the
Company (including any part or parts of them). In these Conditions headings will not affect the construction of these Conditions.
2.0 APPLICATION OF TERMS
2.1 Subject to any variation under condition 2.2 the Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any confirmation of
order or other document).
2.2 These Conditions apply to all the Company’s sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing.
2.3 No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer.
2.4 The Buyer must ensure that the terms of the order and any applicable specification are complete and accurate. Any quotation is given on the basis that no contract will come into existence until the Company despatches an
acknowledgement of order to the Buyer. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.
3.1 All drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an
approximate idea of the Goods described in them. They will not form part of this Contract.
4.1 The Company will use all reasonable endeavours to deliver all the Goods comprised in an order at the same time. If this is not possible the Company will deliver the Goods as and when they are in stock.
4.2 Any dates specified by the Company for delivery of the Goods are intended to be an estimate. Time of delivery shall not be of the essence.
4.3 Unless otherwise agreed in writing by the company, delivery of goods shall take place to premises notified to it in writing by the Buyer, delivery of the Goods shall take place by the Company delivering the Goods on the date agreed
with the Buyer. The Company shall have no responsibility to install the Goods inside such premises unless it has previously agreed in writing to do so. The Buyer shall take delivery of the Goods within 14 days of the Company
giving the Buyer notice that the goods are in stock.
4.4 If for any reason the Buyer will not accept delivery of any of the Goods when they are ready for delivery, or, the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, or there is
no one present at the premises notified by the Buyer to accept the Goods: risk in the Goods will pass to the Buyer; the Goods will be deemed to have been delivered; and the Company may store the Goods until delivery,
whereupon the Buyer will be liable for all reasonable related costs and expenses (including without limitation storage and insurance).
5.1 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note against any invoice raised for such Goods.
6.1 The Goods are at the risk of the Buyer from the time of delivery.
6.2 Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of: the Goods; and all other sums which are or which become due to the Company from
the Buyer on any account.
6.3 Until ownership of the Goods has passed to the Buyer the Buyer must maintain the Goods in a satisfactory condition.
7.1 Unless otherwise agreed by the Company in writing the price for the Goods shall be the price set out in the Company’s price list at the time of placement of the order.
7.2 The price for the Goods shall be inclusive of any value added tax and all costs or charges (if any) in relation to the delivery and installation of the Goods at the premises nominated by the Buyer.
8.1 A minimum of 50% deposit is payable at the time that any Goods are ordered, unless the company has agreed otherwise in writing. Receipt of deposit will constitute acceptance of our terms and conditions.
8.2 The balance of the price due in relation to the Goods is payable 7 days before the scheduled delivery date. Time for the payment of the balance shall be of the essence.
8.3 No payment shall be deemed to have been received until the Company has received cleared funds.
8.4 The Company shall reserve the right to apply a Delivery/ Installation/parking charge where appropriate.
9.1 The Company will not accept any cancellation of bespoke orders. Should the Company accept any cancellation other than a cancellation permitted under condition 13 it shall be entitled to keep the deposit paid pursuant to condition
9.2 Should the Company cancel any order for Goods other than for a reason set out in condition 13, the Company shall return the deposit to the Buyer within 21 days of such cancellation. The payment of such aggregate sum shall be
made in full and final settlement of all and any claims that the Buyer may have in relation to such cancellation and the Company shall have no further liability to the Buyer.
10.1 The Company shall not be liable for a breach of any implied term relating to the quality or fitness of the Goods unless the Buyer gives written notice of the defect to the Company within 2 days of the time when the Buyer discovers or
ought to have discovered the defect and the Company is given a reasonable opportunity after receiving the notice of examining such Goods.
10.2 The Company shall not be liable for a breach of any implied term relating to the quality or fitness of the Goods if the Buyer makes any further use of such Goods after giving such notice; or the defect arises because the Buyer failed
to follow the Company’s oral or written instructions as to the storage, installation, use or maintenance of the Goods; or the Buyer alters or repairs such Goods without the written consent of the Company.
10.3 Subject to conditions 10.1 and 10.2, if any of the Goods do not conform with any implied term relating to the quality or fitness of the Goods the Company shall at its option repair or replace such Goods (or the defective part) or refund
the price of such Goods provided that, if the Company so requests, the Buyer shall, unless otherwise agreed in writing, return the Goods or the part of such Goods which is defective to the Company. If the Company complies with
condition 10.3 it shall have no further liability for any breach of any implied term relating to the quality or fitness of the Goods.
11.0 LIMITATION OF LIABILITY
11.1 Subject to condition 10, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of any breach of
these Conditions or any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
11.2 Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation.
THE BUYER’S ATTENTION IS IN PARTICULAR DRAWN TO CONDITION 11.3 BELOW
11.3 Subject to condition 11.2, the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this
Contract shall be limited to £250,000. The Company shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, or otherwise), costs, expenses or other claims for
consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
12.1 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company. The Company may assign the Contract or any part of it to any person, firm or company.
13.0 FORCE MAJEURE
The Company reserves the right to defer the date of delivery or to cancel the Contract (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable
control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not
relating to the Company’s workforce), or restraints or delays affecting suppliers, manufacturers, carriers or inability or delay in obtaining supplies of adequate or suitable materials Provided that, if the event in question continues for a
continuous period in excess of 90 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
14.1 Each right or remedy of either party under the Contract is without prejudice to any other right or remedy 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 partly 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.
14.3 Failure or delay by either party in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any rights under the Contract.
14.4 Nothing in these Conditions shall create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the parties to these Conditions.
14.5 Any waiver by either party of any breach of, or any default under, any provision of the Contract by the other will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
14.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
15.1 All communications between the parties about this Contract must be in writing by email ,delivered by hand, or sent by pre-paid first class post. Any communications to the Company shall be to its place of business or such changed
address as shall be notified to the Buyer by the Company. Any communications to the Buyer shall be to the address of the Buyer set out in any document which forms part of this Contract or such other address as shall be notified to
the Company by the Buyer.
15.2 Communications shall be deemed to have been received once the Company have confirmed by email or in writing.
Category: Privacy & Cookies
Living Space & Partners is committed to protecting your personal information. We want our services and products to be an enjoyable environment for everyone. This site answers some important questions about how we can collect, use and protect your personal details.
Full Privacy Document
1. Introduction & General Terms
It also relates to our use of any personal information you provide to us online, on mobile.
In order to provide you with the full range of LIVING SPACE & PARTNERS services, we sometimes need to collect information about you.
2. Who are we?
The LIVING SPACE & PARTNERS is an independent furniture company. We are a private company who where products and services are purchased by businesses and private individuals.
3. What information will the LIVING SPACE & PARTNERS collect about me?
When you participate in, access or sign up to any of the LIVING SPACE & PARTNERS’s services, activities or online content, such as newsletters, competitions, live chats, message boards, telephone or text the LIVING SPACE & PARTNERS using the LIVING SPACE & PARTNERS’s online registration system we may receive personal information about you. This can consist of information such as your name, email address, postal address, telephone or mobile number depending on the activity.
By submitting your details, you enable the LIVING SPACE & PARTNERS (and where applicable its contractors) to provide you with information about products and services.
4. How will the LIVING SPACE & PARTNERS use the information it collects about me?
The LIVING SPACE & PARTNERS will use your personal information for a number of purposes including the following:
to provide our services, activities or online content and to deal with your requests and enquiries;
for "service administration purposes", which means that the LIVING SPACE & PARTNERS may contact you for reasons related to the service, activity or online content you have signed up for, as set out in section 5 below (e.g. to provide you with password reminders or to notify you that a particular service, activity or online content has been suspended for maintenance);
to contact you about a submission you have made, including any content you provide. For additional information, please see the UGC FAQS (User Generated Content Frequently Asked Questions);
to provide you with information about our services, activities or online content;
to use IP addresses to identify the location of users, to block disruptive use, to establish the number of visits from different countries and to determine whether you are accessing the services from the UK or not.
to analyse and improve the services offered on LIVING SPACE & PARTNERS websites;
to provide you with the most user-friendly navigation experience. The LIVING SPACE & PARTNERS may also use and disclose information in aggregate (so that no individuals are identified) for marketing and strategic development purposes; and
Where the LIVING SPACE & PARTNERS proposes using your personal information for any other uses we will ensure that we notify you first. You will also be given the opportunity to withhold or withdraw your consent for the use of your personal information for purposes other than those listed above.
5. When will the LIVING SPACE & PARTNERS contact me?
The LIVING SPACE & PARTNERS may contact you:
in relation to any service, activity or online content you have signed up for in order to ensure that the LIVING SPACE & PARTNERS can deliver the services to you;
in relation to any correspondence we receive from you or any comment or complaint you make about LIVING SPACE & PARTNERS products or services;
in relation to any contribution you have submitted to the LIVING SPACE & PARTNERS, e.g. on the LIVING SPACE & PARTNERS message boards or via text or voicemail message;
to invite you to participate in surveys about the LIVING SPACE & PARTNERS services (participation is always voluntary); and
for marketing purposes, where you have agreed to this (see section 6 below)
6. Will I be contacted for marketing purposes?
The LIVING SPACE & PARTNERS will only use your information for marketing purposes, or to promote new services, activities or online content where you have agreed to this.
7. Will the LIVING SPACE & PARTNERS share my personal information with anyone else?
We will keep your information confidential except where disclosure is required or permitted by law (for example to government bodies and law enforcement agencies) or as described in section 8 below. Generally, we will only use your information within the LIVING SPACE & PARTNERS. However, sometimes the LIVING SPACE & PARTNERS uses third parties to process your information on our behalf. The LIVING SPACE & PARTNERS requires these third parties to comply strictly with its instructions and the LIVING SPACE & PARTNERS requires that they do not use your personal information for their own business purposes, unless you have explicitly consented to the use of your personal information in this way.
8. Offensive or inappropriate content on LIVING SPACE & PARTNERS websites
If you post or send offensive, inappropriate or objectionable content anywhere on or to LIVING SPACE & PARTNERS websites or otherwise engage in any disruptive behaviour on any LIVING SPACE & PARTNERS service, the LIVING SPACE & PARTNERS may use your personal information to stop such behaviour.
Where the LIVING SPACE & PARTNERS reasonably believes that you are or may be in breach of any applicable laws (e.g. because content you have posted may be defamatory), the LIVING SPACE & PARTNERS may use your personal information to inform relevant third parties such as your employer, school email/internet provider or law enforcement agencies about the content and your behaviour.
9. What if I am a user aged 16 or under?
If you are aged 16 or under, please get your parent/guardian's permission before you provide any personal information to the LIVING SPACE & PARTNERS. Users without this consent are not allowed to provide us with personal information.
10. How long will the LIVING SPACE & PARTNERS keep my personal information?
We will hold your personal information on our systems for as long as is necessary for the relevant activity, or as long as is set out in any relevant contract you hold with the LIVING SPACE & PARTNERS..
11. Can I find out what personal information the LIVING SPACE & PARTNERS holds about me?
Under the Data Protection Act you have the right to request a copy of the personal information the LIVING SPACE & PARTNERS holds about you and to have any inaccuracies corrected. (We charge £10 for information requests and require you to prove your identity with 2 pieces of approved identification). We will use reasonable efforts to supply, correct or delete personal information about you on our files.
12. What if I am accessing LIVING SPACE & PARTNERS websites outside the UK?
The LIVING SPACE & PARTNERS website is published in the UK by the LIVING SPACE & PARTNERS as livingspaceuk.co.uk. The international version of the website, livingspaceuk.com, is made available to international users accessing the website from outside the UK
13. Cookies Policy - Information the LIVING SPACE & PARTNERS collects from you
a. What is a cookie?
A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer, tablet or mobile phone (referred to here as a "device") browser from a website's computer and is stored on your device's hard drive. Each website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other websites. Many websites do this whenever a user visits their website in order to track online traffic flows.
On LIVING SPACE & PARTNERS websites, cookies record information about your online preferences and allow us to tailor our websites to your interests.
Information supplied by cookies can help us to analyse the profile of our visitors and help us to provide you with a better user experience. For example, if on a previous visit you went to particular product pages, we might find this out from your cookie and highlight other relevant product information on your second and subsequent visits. The LIVING SPACE & PARTNERS uses this type of information to help improve the services and products it provides to its users. All third parties are strictly required not to use any information for their own business or other purposes (see section 6 above).
c. Third Party Cookies in embedded content on LIVING SPACE & PARTNERS pages
Please note that during your visits to LIVING SPACE & PARTNERS websites you may notice some cookies that are not related to the LIVING SPACE & PARTNERS or the LIVING SPACE & PARTNERS’s contractors. When you visit a page with content embedded from, for example, YouTube or Flickr, you may be presented with cookies from these websites. The LIVING SPACE & PARTNERS does not control the dissemination of these cookies. You should check the third party websites for more information about these. Find out more about third party cookies in embedded content.
d. LIVING SPACE & PARTNERS cookies and how to reject cookies?
If you wish to control what cookies are set on your device through the LIVING SPACE & PARTNERS website then you can find out how to do this in the Managing Cookies section of the LIVING SPACE & PARTNERS Privacy & Cookies website. It is important to note that if you change your settings and block certain cookies, this means that certain personalised features cannot then be provided and accordingly you may not be able to take full advantage of all of the websites' features.
14. Do Not Track (DNT) browser setting
DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked, such as by third party ad networks, social networks and analytic companies. This website does not currently respond to DNT requests, however, you may opt-out of tracking on this website, including analytics.
A uniform standard has not yet been adopted to determine how DNT requests should be interpreted and what actions should be taken by websites and third parties. The LIVING SPACE & PARTNERS will continue to review DNT and other new technologies and may adopt a DNT standard once available.
The Data Protection Officer – [email protected]
Cookies may be set by the website you are visiting (‘first party cookies’) or they may be set by other websites who run content on the page you are viewing (‘third party cookies’).
What is in a cookie?
A cookie is a simple text file that is stored on your computer or mobile device by a website’s server and only that server will be able to retrieve or read the contents of that cookie. Each cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier and the site name and some digits and numbers. It allows a website to remember things like your preferences or what’s in your shopping basket.
What to do if you don’t want cookies to be set
Some people find the idea of a website storing information on their computer or mobile device a bit intrusive, particularly when this information is stored and used by a third party without them knowing. Although this is generally quite harmless you may not, for example, want to see advertising that has been targeted to your interests. If you prefer, it is possible to block some or all cookies, or even to delete cookies that have already been set; but you need to be aware that you might lose some functions of that website.