Terms of Sale

Introductions

The following terms and conditions of sale (the "Terms of Sale") apply to all orders placed with David Phillips Furniture /PeelMount for all of our services except where specifically stated otherwise within these Terms of Sale. 

The Terms of Sale set out the basis on which David Phillips Furniture / PeelMount enters into a contract to provide goods or services to the Customer. 

David Phillips Furniture reserves the right to change its Terms of Sale at any time.  Any changes will be effective from their date of publication on the David Phillips Contract website. 

Customers should ensure that they understand and accept these Terms of Sale before placing an order.  If there are any questions, customers are invited to contact us for clarification first.

Definitions

The contract is with David Phillips Furniture Ltd.  The terms "the Company", "we", "us" and suchlike are used for convenience and should be construed accordingly. 

The term "Customer" is used to include the person or legal entity that placed the order and any other agent or person nominated insofar as such other person could reasonably be expected to have the necessary authority regarding the issue in question.  This includes the property owner, an estate agent or property manager or other such authorised person. 

 The term "Access Contact" includes the Customer as defined above but extends to any other nominated point of contact facilitating access (examples include the tenant, friend, neighbour, inventory clerk, builder, cleaner, etc.)

Stock availability and pricing

All stock items are subject to availability.  We will use our best endeavours to ensure that all items quoted are available on the expected date of delivery. 

We reserve the right to discontinue any listed item without notice, either temporarily or permanently.  We are not liable for any modification, suspension or discontinuation of any listed item. 

Not all goods or promotions on the David Phillips contract website will necessarily be available to those ordering by telephone or through other channels.  Where an ordered item is unavailable within the agreed delivery deadline, a substitute may be offered.  If preferred, we will deliver the ordered item separately once it is in stock.  If neither option is acceptable, we can refund the full value of the item.  See below for details on cancellations and refunds. 

We do our best to ensure that all prices are accurate on our website.  We aim to ensure that all brochure prices are correct at the time of going to print but these are liable to change.  We will correct any errors once we become aware of them.  If any such error has affected a Customer's order, we will inform the Customer.  The online and catalogue price may differ.  We reserve the right to adjust listed prices without notice.

Access

Arrangements can be made to meet the Access Contact directly at the property.

Alternatively, we can collect keys from an Access Contact in the vicinity of the delivery address, meaning within the same post code or one immediately adjacent. 

We will return the keys to the same contact person/organization or to any other nominated contact in the vicinity.  This will normally be on completion of the delivery unless otherwise requested.  Where it is not practicable to do this, we may be able to make an alternative arrangement to return them at the earliest reasonable opportunity.

There must be road access available to the property for commercial vehicles.  Parking must be available within a distance that is reasonable in relation to manually carrying all the items that are to be delivered and removed.

The property must be in suitable condition to allow delivery of the items ordered.  The property must be free from any relevant health and safety hazards.  Any flooring, carpeting, electrical, plumbing or other such work in the areas where items are to be delivered must be completed.  Any building or refurbishment work that may affect the delivery must be completed throughout the delivery route (e.g. all paint must be dry).

There must be space within the property sufficient to deliver and install the items.

Customers are responsible for checking the dimensions of any items ordered to ensure that there will be adequate space for access in lifts, staircases, hallways, doorways, etc. as well as in the space where the item is to be placed.

All staircases and lifts to be used for access to the property must be accessible and available throughout the scheduled delivery time. 

The Company will use our best endeavours to complete any delivery or removal as far as is reasonably practicable.  We reserve the right to refuse to carry out any delivery that we deem to be unreasonable.  In such cases, we will attempt to contact the customer to arrange an alternative delivery solution.

Should any of the criteria listed above prevent David Phillips Contract from completing the delivery using reasonable means, the customer is liable to pay a charge towards the costs of the failed delivery.  See under Failed Deliveries below for further details. 

If the delivery team believes that delivery of an item to the Customer's room of choice may cause damage to the Customer's item or property or infringe Health & Safety regulations, we will inform the Customer.  In such circumstances, David Phillips Contract will not be liable for any damage to the item or the Customer's property as a result of attempting installation on the Customer's instructions.  We reserve the right to decline to carry out the delivery.
 

Delivery

Where an Access Contact is at the property, we require the person to sign to confirm satisfactory receipt of the goods.  If this person is dissatisfied in any way with the delivered items, this should be recorded on the form.  Likewise, any rejected or missing items should be noted on the form.

Appliances

As part of our service, appliances will be connected as appropriate unless specifically requested otherwise, subject to the required connections being available. 

If we have to return to connect an appliance later because the relevant connections were not available at the time of delivery, a charge may be payable as described under Failed Deliveries below. 

We are not able to connect gas appliances or carry out tasks that require a registered plumber or electrician. 

We normally leave refrigerators switched off on delivery.  Most manufacturers require that they be left standing for several hours after transportation before being used.

Packaging and Waste

As part of the David Phillips Contract delivery service, packaging and waste will be removed for recycling or disposal. 

This does not apply to our Nationwide Courier Service.

Removal and disposal of unwanted goods

David Phillips Contract is a registered waste carrier. 

We can remove and dispose of any unwanted items on a like-for-like basis.  This is limited to items of equivalent size and weight.  We will not be able to take any items that require a plumber or electrician to disconnect or any that require specialist tools or handling. 

All items must be ready for disposal at the time of delivery.  Refrigerators must be empty.  Beds must be free from linen unless it has been clearly stated by the Customer during the order process that is to be removed with the bed.  All property must be removed from the items (e.g. tops and drawers must be clear).  All items must be free from infestation or any other health and safety hazard.  We will not accept liability for any property left inside an item. 

It is a legal requirement that each item to be taken away must be specified in advance so that we can raise a waste transfer notice.  As such, the details must be given at the time of order.  For refrigerators, it is necessary to specify for each item whether it contains CFCs.  Without this information, we cannot remove them. 

Items which are not ready for disposal as described at the time of delivery will not be removed.  If David Phillips Contract is asked to return to the property at a later date to remove items which were not ready for disposal on the original delivery date, this may incur a further charge in addition to the standard removal and disposal charge.

Warranty

Despite all our efforts, there will inevitably be occasions where an item is faulty or damaged in some way. Where this is found at the time of delivery, we will arrange to deliver another at the next opportunity (in accordance with the relevant lead time and subject to stock availability). 

All goods are guaranteed to be reasonably fit for the purpose of residential use.  Unless otherwise specified, we guarantee that all items will provide a minimum of six months of reasonable residential use.  We may offer longer guarantees on certain items;  these will be set out on the company's official sales information for the items.  This excludes damage to fabrics or other surfaces arising from normal wear and tear.  This guarantee is in addition to any warranty provided by the supplier.  This does not affect the Customer's statutory rights. 

Where an item develops a fault within the warranty period, the Customer should notify us in writing with full details and photographs of the problem.  We may request to inspect the item before acknowledging that the item can be returned as faulty.  If the fault is covered under warranty, we will arrange for it to be repaired.  Where we deem that repair will not provide a satisfactory solution, we will agree to exchange it. 

Unless we specifically confirm otherwise in writing before an order is placed, we do not guarantee that any items are suitable for contract use.  Contract items can be obtained but these will normally need to be ordered specially.  See also below regarding Special and Bespoke Orders.

Returns policy

The terms and conditions outlined in this returns policy apply to any purchases from David Phillips Contract. 

The Customer may return any standard stock item for any reason whatsoever within fourteen days of the delivery date.  Where the item is rejected at the time of delivery, no collection fee will apply. 

Customers are entitled to return any goods, including non-standard items, within fourteen days of delivery if they do not match the description in any material aspect. 

Customers may return items in person to any of our warehouses.  No collection fee will apply to such returns.  David Phillips should be contacted in advance with all necessary details of the delivery to make arrangements. 

The return of any items by post or courier or otherwise is at the Customer's expense and risk.  If we accept that the item is faulty and covered by warranty, we will arrange the return.  We will not accept any cost for the return delivery unless explicitly approved in advance. 

Within the Local Delivery Zones, we can arrange a collection of unwanted goods.  Unless the goods are accepted to be irreparably faulty and under warranty, a collection fee may apply.  Any charge will be agreed with the Customer before arranging the collection.  Collections will be arranged in the normal course as set out for deliveries. 

All items must be returned in the packaging in which they were left by the delivery team.   (E.g. mattresses should be returned in the original bag.)  For the Nationwide service, this must be the original manufacturer's packaging.  Any manufacturer's warranty documents or instructions must be present (such as for appliances).  Unless faulty, any item to be returned must be in new condition and unused. 

Refunds will be not be offered for any item that has been assembled, whether by David Phillips Contract or otherwise (e.g. frame beds and flat-packed wardrobes) or for any bespoke item or other non-standard item that was ordered specially for the Customer.  This restriction does not apply where the item is found to be faulty within the warranty period. 

Where payment for the goods was made by credit card, any refund may be made to the same card without any other notification. 

The value of the refund will be the price paid for any returned item less any charges for damage to the item while in the Customer's possession.   Any collection charge or other such fees will be deducted from the refund.

Cancellation and rescheduled orders

Unless agreed otherwise in writing, an order can be rearranged or amended without additional cost at any time before it is scheduled for delivery.  Any additional payment is required before the order will be processed.  Any refund due will be paid once the order is invoiced. 

To cancel either an entire order or any item from an order, customers should contact David Phillips Contract, quoting the order number and/or delivery address. 

Where an order is cancelled at any time before the delivery is scheduled, a full refund will be given.  See below regarding non-standard items. 

Once a delivery has been scheduled with the Customer or Access Contact, any cancellation, amendment or rearrangement is liable to incur a charge towards the cost of the rejected delivery (for a cancellation or rescheduling) or the need for an additional delivery (for an amendment).  See also under Failed Deliveries below. 

Where David Phillips Contract is unable to deliver any ordered item in accordance with these Terms of Sale, any items so affected may be cancelled from the order without charge.

Special and bespoke items

We are able to order special or bespoke items for a Customer. 

We will not order such an item from our suppliers until we have received a confirmed order and payment. 

Such non-standard items may require a lead time.  The estimated lead time will be notified upon order.  Delivery will be scheduled for a date after all items are due to have been received. 

Where such items are returned, we will offer a refund only if we deem it to be faulty or damaged and where it is covered under our warranty.  We will not be able to refund any cancelled orders for such items once we have placed a confirmed purchase order with our supplier.

Failed deliveries

Where we fail to carry out a delivery or are unable to complete any contracted work for any reason before the agreed delivery deadline, we will attempt to notify the Customer at the earliest opportunity to agree a solution. 

Where any such failure results from failed access or some other matter for which the Customer or Access Contact is responsible, a charge may be payable. 

Failed deliveries will be rescheduled in the normal course as set out below. 

If the Customer cancels the order, a refund will be made in accordance with these Terms of Sale.  Where applicable, the failed delivery charge will be deducted from the refund. 

If it appears that an item has not been delivered, the Customer should notify us at the earliest opportunity if we have not already reported this.  Where we accept that an item has not been delivered, the options available for any other failed delivery will apply.  In case of a dispute, the Company will be entitled to reject any such claim if the Customer signed for receipt of the goods.  Where the Customer was not present, the Company will be entitled to reject any claim made more than 7 days after the date of the relevant invoice.

Payment terms

Payment is due upon order unless agreed otherwise in writing. 

Orders will not be scheduled for delivery until the required payment has been received. 

For orders paid by card, we reserve the right to request to check the card, receive proof of identification and to obtain a signature to confirm payment is due before carrying out the delivery. 

Where another payment method is used, we reserve the right to wait until payment has cleared before delivery is made. 

Order confirmations can be sent on request before delivery.  This will normally be by e-mail to the billing contact. 

Invoices will be sent to the nominated billing contact on completion of the delivery.  Unless requested otherwise, this will be by e-mail. 

Invoicing will normally take place once all items on the order have been successfully delivered.  However, we reserve the right to invoice part-shipped orders. 

All invoices are payable within the agreed payment terms from the date of the invoice.  This invoice date and the due date are shown on the invoice. 

All items remain the property of David Phillips Contract until payment in full has been received.  This includes payment of any charges associated with the order. 

Where payment is not received within the terms of the contract, the Company will be entitled to pursue any legal rights to recover the sums due.  The costs of any such legal remedy and any enforcement will be added to the debt.  Where the furniture is recovered, all costs of recovery will be added to the debt. 

The Company reserves the right to assign any debt.

Quotations

Quotations are valid for thirty days.  Prices (excluding VAT) will be honoured during this period. 

Beyond this period, the prices and items available are liable to change. 

Where applicable, a signed quotation must be received before an order is raised. 

Payment of the agreed amount must be made before any order is processed. 

See above regarding non-standard items.

Limitations of liability

David Phillips Contract's entire liability to the Customer under these Terms of Sale will not exceed the price paid for the goods and any other charges relating solely to those goods. 

David Phillips Contract is not liable for any loss of revenue, profit, savings, goodwill, business opportunity, injury to reputation or for any other losses to the Customer that are not reasonably foreseeable by the Company when the order is accepted.  No liability will be accepted under the contract with David Phillips Contract for any losses incurred by any associates, clients, partners, companies or any other person or legal entity related to the Customer except where specifically agreed otherwise in writing in advance. 

In particular, we will not accept any responsibility for any losses due to a failure to deliver and install goods within the timescales set out in these Terms of Sale where we have made reasonable efforts to do so.  This would apply in cases where the item was found to be faulty or damaged or any similar reason or where the Company attempts to make a delivery on the agreed day regardless of whether this is outside of the expected delivery time window.  It would also apply where an item is unavailable but a suitable alternative has been offered.

Legal, accounting and miscellaneous

VAT

Value-Added Tax will be applied at the rate pertaining at the time in accordance with UK law. 

Insurance

We are insured for public liability, employer's liability and product liability.  A copy of the certificate is available on request. 

Jurisdiction

The jurisdiction for any legal claims is England & Wales.

Company information

The required information is printed on sales quotes, order confirmations, invoices and other similar documents.  It is also shown on our website.  Details are available on request.

Indemnification

By placing an order, the person doing so confirms that he or she is authorised to do so on behalf of the named person, company or other legal entity that is given as the Customer. 

By engaging us to carry out any work, the Customer confirms legal entitlement to do so.  In particular, the Customer warrants entitlement to grant access to the property or any other area and to make any required alterations to it. 

Where we are instructed to dispose of any items, the Customer confirms that he is the owner or that he is duly authorized by the owner.  The Customer indemnifies David Phillips Contract against any claim that the Company is not entitled to carry out the instructions.

Acceptance

Customers are deemed to have accepted these Terms of Sale either by explicit acceptance or by continuing to engage in business with the Company after being given a reasonable opportunity to read them. 

Invoices, web orders and quotations and various other documents refer to these Terms of Sale.  Placing such an order or receiving such a document is deemed to provide notice of these terms.

Additional terms and amendments

Additional terms or clarification of these may be added by other documents or correspondence provided to the Customer.  The Customer will be deemed to have accepted any such new terms or clarification in the same way as the Terms of Sale. 
Where such new terms conflict with these Terms of Sale, the Terms of Sale shall take precedence except as described below. 

Any agreement that purports to change or contradict any of these Terms of Sale shall have any effect only where specifically agreed in writing in advance by a David Phillips Contract director.

Online sale terms and conditions:

1. Items within the online sale category cannot be purchased alongside any existing offer or promotion.

2. All items have previously been available online for a period of one month before being applied a sale price.

3. Sale applicable while stocks last, David Phillips Furniture Limited reserves the right to terminate the sale at any time.

A selection of our Case Studies