This website is operated by Caledonian Furniture Manufacturing Ltd. As a User of this website you acknowledge that any use of this website and trading with us is subject to our terms and conditions (the “Terms”) below which includes any hyper-linked sections. These Terms apply to the sale and supply of goods (“Caledonian Furniture/We/Our/Us”) to you. We recommend that you print out a copy of the Terms for your records. The submission of your order will form an offer to purchase the Goods and our confirmation accepting your order will constitute the formation of a legally binding contract between us. If you do not accept the Terms please terminate this session immediately. Please note that use of this Web Site is restricted to customers from mainland UK. For customers on the Isle of Man, Isle of Wight, Channel Islands, Western Isles & Northern Ireland, please contact us and we will be glad to advise you of our services to these areas.
These Terms may be amended at any time by Caledonian Furniture. They may also be extended to include other conditions applicable to specific goods or services offered by Caledonian Furniture from time to time. It is your responsibility to read the Terms every time you place an order. Caledonian 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 Caledonian Furniture.
All Copyright, trademarks and all other intellectual property rights in all materials and content made available as part of your use of this site shall remain at all times vested in us and our licensors. You may only use this material only as expressly authorised by our licensors and us. You may only download the material and content contained within this site for the purpose of using this site and any other use of the material and content of this site is strictly prohibited and you agree not (and agree not to assist or facilitate any third party) to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
The contents of these pages are copyright © Caledonian Furniture 2006. You may only download the material and content contained within this site for the purpose of using this site and any other use of the material and content of this site is strictly prohibited, without our prior consent in writing. By your use of this site you agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. None of the content of this web site may be copied or otherwise incorporated into or stored in any other design, logo, web site, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or other). For the avoidance of doubt, linking to or framing of this site or any part of it is not permitted without express permission.
The “Goods” means the items purchased by you from us, the sale and supply of which are subject to these Terms; Caledonian Furniture will sell and you will purchase the Goods on these Terms. Caledonian 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 Caledonian 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 endeavours 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 Caledonian Furniture to perform the contract in accordance with the Terms. We do not file details of your order for you to subsequently access direct on this website. We suggest that you print out a copy of all order confirmations for your own records. Once your order has been submitted, we will confirm your order. This confirmation will form our acceptance of your offer and will constitute the formation of a legally binding contract between us.
The price of the Goods will be Caledonian 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. Caledonian 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 Caledonian Furniture which is due to any factor beyond the control of Caledonian 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 Caledonian 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.
Users are required to provide credit card details when placing an order as Caledonian Furniture is entitled to payment for the Goods before commencing delivery of the Goods. If you fail to make payment for the Goods Caledonian Furniture will be entitled to cancel the contract or suspend delivery of the Goods to you until payment is made in full. Users who have applied for a 30-day payment account might experience a slight delay for their account to be accepted by us prior to an order being processed. Once the account has been set up, you will be notified by email or telephone and payment for the Goods will be due within 30 days of the invoice date. Caledonian Furniture reserves the right to limit sales at its sole discretion and without explanation.
We are restricted to the delivery of Goods to the UK mainland only. For customers on the Isle of Man, Isle of Wight, Channel Islands, Western Isles & Northern Ireland, please contact us and we will be glad to advise you of our services to these areas. Delivery of the Goods will be made once the Goods have been delivered to the place of delivery notified by you to Caledonian Furniture and the accompanying consignment note has been signed by an individual aged 18 or over on your behalf. 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 Caledonian 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 Caledonian Furniture in advance of the quoted delivery date. If Caledonian Furniture fails to deliver the Goods for any reason other than any cause beyond Caledonian Furniture’s reasonable control or your fault, and Caledonian Furniture is accordingly liable to you, Caledonian 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 Caledonian 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 Caledonian Furniture’s fault) then, without prejudice to any other right or remedy available to Caledonian Furniture, Caledonian 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.
When you place an order, we may check your record with a Credit Reference Agency to obtain or update our credit information. Please refer to our Privacy and Security Policy
Risk and Property
Risk of damage to or loss of the Goods will pass to you at the time when Caledonian 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 Caledonian Furniture has received cleared funds in full payment of all sums due.
Warranties and Liability
Subject to the conditions set out below Caledonian Furniture warrants that the Goods will correspond with their specification at the time of delivery. Where Caledonian Furniture sells Goods supplied by a Third Party, Caledonian 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 Caledonian Furniture. The above warranty will be assigned by Caledonian Furniture subject to the fact that Caledonian Furniture shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, or storage in a hostile environment, failure to follow Caledonian Furniture’s instructions or a third party’s instructions (where the Goods have been supplied by a third party to Caledonian Furniture – whether oral or in writing) misuse or alteration or repair of the Goods without Caledonian 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 defect in the quality or condition of the Goods or their failure to correspond with the specification shall (whether or not delivery is refused by you) be notified to Caledonian Furniture within 5 working days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and you do not notify Caledonian Furniture accordingly, you will not be entitled to reject the Goods and Caledonian 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 Caledonian Furniture in accordance with these terms, Caledonian Furniture shall be entitled to replace the Goods (or the part in question) free of charge or, at Caledonian Furniture’s sole discretion, refund to you the price of the Goods (or a proportionate part of the Goods), but Caledonian Furniture shall have no further liability to you. Except in respect of death or personal injury caused by Caledonian Furniture’s negligence, Caledonian 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 Caledonian 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, Caledonian 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. Caledonian Furniturek shall not be in breach of contract by reason of any delay in performing, or any failure to perform, any of Caledonian Furniture’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond Caledonian Furniture’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Caledonian 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 Caledonian Furniture or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
Without prejudice to your statutory rights, Goods may only be returned if they are unused, unassembled, in their original packaging and in a resalable condition. Goods to be returned will be collected by us or our agents. Caledonian Furniture reserves the right to charge a minimum handling fee of 15% of the value of the goods for items returned when orders were placed in error or not wanted. This will be deducted from any refund given. Goods to be returned will be kept safe and secure until such time as they are collected by us. Any damage to the Goods will be deducted from any refund given in addition to the minimum handling fee (if applicable) referred to above. We will refund the price of the Goods (if a refund is applicable) to you less any deductions in terms of the above clause once the Goods have been examined and within 30 days of their collection from you by Caledonian Furniture.
Insolvency of you
The Terms may be terminated by Caledonian 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.
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This Web Site and all information, names, images, logos and icons is provided on an ‘as is’ basis without any representation or endorsement made and without any warranty or condition of any kind given, whether express or implied, including, but not limited to, any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, compatibility, accuracy, currency or non-infringement of any intellectual property right. No information, whether oral or written, obtained by you from Caledonian Furniture shall give rise to any duty of care, contract, warranty or any other obligation which is not expressly stated. Further, whilst information is given and updated in good faith, Caledonian Furniture does not warrant that the information contained on this web site will always be complete, accurate, up-to-date or reliable. You are solely responsible for the content of any comments made in any transmissions and you are prohibited from posting or transmitting to or from this Web Site any unlawful, threatening, libellous, defamatory, inflammatory, pornographic or profane material or any other material that could give rise to any civil or criminal liability under law. Caledonian Furniture assumes no responsibility or liability for any information published on this web site and further disclaims all liability in respect of such information. In particular, Caledonian Furniture hereby excludes all liability for any claims, losses, demands or damages whatsoever in relation to any information, content, advertisements, procedures, products or methods contained in or referred to in the material published on the site. No exclusion is made however in respect of death or personal injury arising from our negligence. Caledonian Furniture makes no warranty or representation that the use of this web site will be uninterrupted or error free or that this site or the server that makes it available are free of viruses or bugs.
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 Caledonian Furniture. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. Caledonian 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 addressed to you as set out in your registration details. Termination will occur at the time Caledonian 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 despatched 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 Caledonian Furniture. Caledonian Furniture reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of it’s 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 Caledonian 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 Caledonian 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 Scotland and the parties hereby submit to the non-exclusive jurisdiction of the Scottish courts.
Caledonian Furniture Manufacturing Ltd is a Company incorporated in Scotland under Company Number SC099458 with our registered office at 60 Bank Street, Kilmarnock and our main place of business at 15-17 Glencryan Road, Carbrain Industrial Estate, Cumbernauld G67 2UH. VAT Reg. No. 652 9531 23. For full address and contact details please click on contact us.