TERMS & CONDITIONS
1. Contact
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1.1 To contact Us, please telephone our customer team at 02071172502 or via email at info@salonfinancialservices.com
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1.2 Our address for all matters is: The Works Grp Limited trading as Salon Financial Services , 43 Broomfield Road, Chelmsford, Essex, CM1 1SY
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2. Making an Order
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2.1 You may raise an order for a Product(s) by contacting us by telephone, email or via the website or the details set out above (‘Order’).
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2.2 An Order constitutes an offer by You to purchase the Products in accordance with these Terms. You acknowledge that You are responsible for ensuring that Your Order is complete and accurate in all material respects.
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2.3 We reserve the right at Our absolute discretion and for any reason whatsoever to either accept or reject your Offer. The Offer will only be deemed to have been accepted by us, and at no point any earlier, when:
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2.3.1 We dispatch the Products; or
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2.3.2 issue a written acceptance of Your Order ('Order Confirmation’), at which point a contract shall come into existence between You and Us (‘the Contract’).
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2.4 Once accepted, the Order may not be cancelled unless You obtain prior written consent from us.
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3. Description of the Products
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3.1 For the avoidance of doubt, the Brochure and Website are provided for illustrative purposes only. There may be discrepancies in the colours of the Products as shown on the website compared with the Products once delivered. Upon ordering the Products, We will provide you with specifications for the Products, including any related plans and drawings as applicable, that is agreed in writing between You and Us (‘Product Specification’)
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3.2 The Works Grp Limited (15867507) trading as Salon Financial Services , 43 Broomfield Road, Chelmsford, Essex, CM1 1SY (‘We’, ‘Us’, ‘Our’).
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3.3 These Terms and Conditions of Sale (‘Terms’) govern the basis on which We supply our furniture and salon products (‘the Products’) to our business customers (‘You, ‘Your’).
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3.4 We reserve the right to amend any Product Specification if required by an applicable statutory or regulatory requirements. Where We make any amendments under this clause, We shall notify You in writing.
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4. Divisibility and Part Shipment
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4.1 This contract is divisible. Each delivery made hereunder:
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4.2 shall be deemed to arise from a separate contract
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4.3 shall be invoiced separately and any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein without reference to and notwithstanding any defect or fault in the delivery of any other instalment or separate part shipment.
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5. Price and Payment Terms
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5.1 The price for the Product(s) shall be the price(s) set out in the Order Confirmation (‘the Price’).
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5.2 We reserve the right to increase the Price of the Products at any time prior to delivery. All Prices exclude and are subject to the applicable rate of VAT from time to time as and when appropriate, and exclude the costs of packaging and delivery. Should We increase the Price for any reason You shall have the right to accept the revised price or to cancel Your order.
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5.3 On or before the Delivery Date (as defined below). You shall pay each invoice submitted by us within 14 days from the date of the invoice (‘the Due Date’), to the bank account nominated by Us in writing, and time for payment shall be of the essence. For holders of Our approved Business Trading Account deferred payment terms may be agreed from time to time and recorded in writing.
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5.4 We reserve the right to refuse delivery of any Products to You where You have failed to pay any invoices by the Due Date.
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6. Delivery
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6.1 We will ensure that each delivery of the Products is accompanied by a delivery note that shows the date of when the Order was placed, all appropriate reference numbers, the type and quantity of the Products, any special storage instructions (where appropriate) and, if they are being delivered in instalments, the outstanding balance of Products remaining to be delivered.
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6.2 We shall deliver the Products to the location set out in the Order Confirmation, or if no Order Confirmation has been issued, the location agreed between the parties in writing (‘Delivery Location’).
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6.3 Delivery shall be completed on the completion of loading of the Order at the Delivery Location (‘Delivery’).
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6.4 We warrant that on delivery, the Products shall:
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6.4.1 conform in all material respects with their description and any applicable specification;
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6.4.2 be free from material defects in design, material, and workmanship;
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6.4.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
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6.4.4 be fit for purpose.
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6.5 We shall use reasonable endeavours to make delivery of the products in accordance with your requirements and will notify You of an estimated time for delivery. For the avoidance of doubt time for delivery is not of the essence and We accept no liability to You whatsoever arising out of suspension or delay in delivery or for non-delivery.
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6.6 We shall not be liable for any damage to Your property occurring in the course of delivery of the Products to You.
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7. Title and Risk
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7.1 Risk in the Products shall pass to You on Delivery.
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7.2 Title in the Products shall not pass to You until payment for the Products is received by Us in full (in cash or cleared funds) and any other products that We have delivered to You in respect of which payment has become due, in which case title to the Products shall pass at the time of payment of all such sums accordingly.
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7.3 At any time before title to the Products passes to You, we shall be permitted to repossess any Products to the value of your liability to Us and You shall permit and facilitate Our access to the location of any Products. Should You sell the Products prior to title passing to you, you shall hold all proceeds of sale on Our behalf and shall immediately account such proceeds to Us to the extent of your liability to Us.
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8. Damages
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8.1 You must inspect the Products immediately on delivery, and notify Us in writing immediately of any damaged Products or the receipt of any Products which You did not Order within 5 business days of receipt of the Products. Where no notification is made by you during this period, you shall be deemed to have accepted the Products in all material respect.
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8.2 Where You have given notice in accordance with clause
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8.1, and We are given reasonable right to inspect the Products, we reserve the right at Our absolute discretion to either repair or replace the damaged Products.
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8.3 We shall not be liable for the Products’ failure to comply with the warranty in clause 6.4 if:
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8.3.1 You make any further use of the Products after giving notice in accordance with clause 8.1;
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8.3.2 the defect arises because You failed to follow Our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
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8.3.3 You alter or repair such Products without the written consent of us;
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8.3.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.
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8.4 Except as provided in this clause 8, We shall have no liability to You in respect of the Products’ failure to comply with the warranty set out in clause 6.4.
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9. Limitation of Liability and Indemnity
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9.1 Nothing in these Terms and Conditions shall limit or exclude Our liability for:
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9.1.1 death or personal injury caused by negligence;
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9.1.2 fraud or fraudulent misrepresentation; or
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9.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979.
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9.2 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. We shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any: loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of use or corruption of software, data or information; loss of or damage to goodwill; and indirect or consequential loss being actions, awards, charges, claims, compensation, costs, damages, demands, expenses, fees, fines, interest, liabilities, losses, penalties, proceedings and settlements (‘Loss’) that arises under or in connection with the supply of the Products to you.
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9.3 Our total liability to You in respect of all other actions, awards, charges, claims, compensation, costs, damages, demands, expenses, fees, fines, interest, liabilities, losses, penalties, proceedings and settlements (‘Losses’) arising under or in connection with the supply of the Products, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total price of the Products paid or payable by you to us in accordance with the terms set out in this Brochure.
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9.4 You shall indemnify Us, keep Us indemnified and hold Us harmless in respect of any and all Losses (including any direct, indirect, special, or consequential Loss, loss of profit, loss of business, contract, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Us as a result of:
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9.5.1 Your breach of your obligations under these Terms; and
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9.5.2 any actual or alleged claim from any third party against Us that arises as a result of your performance (or failure to perform) under these Terms.
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10. Data Protection and Compliance with Laws Both parties will comply with all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder) (‘Data Protection Legislation’).
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11. Termination 11.1 Without affecting any other right or remedy available to it, either party may terminate these Terms with immediate effect by giving written notice to the other party if:
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11.1.1 the other party repeatedly breaches any provision of these Terms in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to these Terms;
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11.1.2 the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
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11.1.3 the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (being a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
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11.1.4 the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business; or
11.1.5 the other party's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the provisions set out in these Terms is in jeopardy.
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12. Intellectual Property
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12.1 All patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world (‘IPR’s’) subsisting in any products supplied to you by us shall remain vested in and belong to us absolutely.
12.2 We make no warranty and provide no assurance to you that the Products shall not breach the rights (including Intellectual Property Rights) of third parties.
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13. General
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13.1 Notices: All notices and communications required to be sent by You shall be made and sent by e-mail or first-class post to Our address as stated above. All notices and communications required to be sent by Us shall be made and sent by email to the e-mail address or post to the postal address provided to Us by You when You placed your Order. If served, notice shall be deemed to have reached the party to whom it is addressed on the next business day following the day of service.
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13.2 Waiver: A waiver of any right or remedy is to only be of effect if given in writing and shall not be deemed a waiver of any right or remedy thereafter. No waiver by either party of anything contained in these Terms shall be or deemed to be a further or continuing waiver, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
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13.3 Severance: If any of these Terms are declared unenforceable the parties shall amend the relevant part to achieve the intention of the parties without illegality or at Our discretion that part may be severed from these Terms in which event the remaining Terms and the remaining part of the relevant condition shall remain in full force and effect.
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13.4 Force Majeure: We shall not be in breach of any obligations nor liable for delay in performing, or failing to perform, any of Our obligations if such delay or failure results from events, circumstances or causes beyond a party's reasonable control including but not limited to, Acts of God, flood, drought, earthquake or other natural disaster, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo or breaking off of diplomatic relations, nuclear, chemical, biological contamination or sonic boom, epidemic or pandemic, any law or any action taken by the Government or a public authority including without limitation imposing an export or import restriction, quota or prohibition, and the collapse of buildings, fire, explosion or accident and in the case of The Works Grp Limited (15867507) trading as Salon Financial Services , 43 Broomfield Road, Chelmsford, Essex, CM1 1SY, a failure of its suppliers or contractors (‘Force Majeure Event’). Third Party Rights: These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any Terms herein.
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13.5 Variation: Except as set out in the contract, no variation of this Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by the parties (or their authorised representatives and permitted assigns).
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13.6 Entire Agreement: These Terms and the documents referred to herein set out the entire agreement between the parties in connection with its subject matter and neither party has entered into these Terms in reliance on any warranty, representation or statement made by the other which is not set out in these Terms.
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13.7 Governing Law & Jurisdiction: The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.