Terms & Conditions of Sale
These conditions apply to the sale of goods by Cream Cornwall Ltd ("the Company") and can be varied only in writing signed by a Director of the Company. The Laws of England shall apply to this Agreement.
1. Specification Every effort will be made to supply goods to sample size and colour. Due to our products being 'hand-made', the photographs on our web-site are for illustrative purposes only and may not exactly match the product itself or its colour or the colour of any materials. Photographs or illustrations do not comprise any contractual warranty on our part and you should not rely on them as an exact representation of the products. All measurements shown on our website are approximate. The Company cannot be held responsible for slight variations which may occur. Should any fabric or product not be available the Company will notify the customer and permit the customer to choose an alternative from its then current range of fabrics and products. In the event that the fabric or product ordered differs in price from the replacement, an adjustment upwards or downwards of the price will be made and any adjustment will be payable or allowable (as the case may be) in the final payment. In the event that no fabric satisfactory to the customer is available the customer has the right to cancel the contract within seven days of being notified by the Company that the fabric of the customer's original choice is not available and the deposit placed on order shall be refunded. Choosing a different fabric or altering sizes will change the appearance of the design and the feel of the design’s seating area and therefore cannot be compared to the showroom or website display design.
2. Completion Dates These are approximate only and do not form any term or condition of this Agreement. Every effort will be made to adhere to these estimates but the Company accepts no liability for any direct or indirect loss arising from delay.
3. Delivery All Deliveries are subject to the provisions of this clause. Cream Cornwall will undertake the cost of the insurance of the goods in transit of the customer. Customers must ensure that the goods ordered will fit through all doors and that Delivery is otherwise unobstructed and that all valuables are safeguarded from accidental damage. Appointment times are approximate only. In the event of exceptionally difficult Deliveries customers or their agents are required to sign a damage disclaimer. Failure to sign such disclaimer will result in the goods being returned to the Company's warehouse where they will be made available for collection by the customer during normal business hours.
4. Damaged or Defective Goods 5.1 Every effort will be made to ensure that the goods you have ordered arrive undamaged and without defect. 5.2 If the goods are found to be either damaged or defective in any way at the time of Delivery, you must mark this on the Delivery Note immediately, which will be provided by the home Delivery team. If damage is discovered after Delivery, you must Contact us within 3 days of Delivery of the goods. 5.3 If the goods are damaged, and we are unable to repair the item to manufacturing standards, we will send a replacement item upon confirmation that the damaged item has been collected or has been returned to us. 5.4 If the goods are found to be defective we will refund all monies paid by you for the goods in question (including the Delivery charges) together with any return Delivery charges you may have reasonably incurred if you have undertaken to return the items yourself, in the same form of payment originally used for the purchase as soon as possible.
5. Property of Goods Notwithstanding that the Company may deliver the goods to the customer the property shall not pass to the customer until the Company has received in cash or cleared funds payment in full of the price of the goods and in the event that Delivery may have been made prior to payment by the customer in full the customer shall not hold the goods as the Company’s fiduciary agent and bailee.
6. Fabrics Some fabrics are harder wearing than others and the Company gives no warranty that a particular fabric will suit a customer's intended use better than another. Cleaning instructions for each fabric are contained in manufacturers' sample books which are available for inspection on the Company's premises during normal business hours or on request. Customers own fabric is accepted at the customers’ own risk.
7. Liability Every effort will be made to supply goods of sound workmanship and quality. No subsequent claims for Delivery damage or visible marks can be entertained. Subject as herein contained and except
8. Refunds & Returns Our furniture is made to order so returns on orders made online or placed in our shops are not accepted. Bespoke items are also excluded from our returns policy. This does affect your statutory rights.