Website Terms & Conditions
Please Note: At Nicky Cornell our policy is to resolve all issues with our valued customers amicably. We respect or customers who are polite and reasonable and therefore who we endeavor to help extraordinarily.
These pages contain information on the terms and conditions for purchases from Nicky Cornell. By using or accessing this website and/or placing any order(s), we and you agree to be legally bound by these terms and conditions.
All orders are subject to our full terms and conditions (below). Nothing in these conditions affects your statutory rights as a consumer.
Standard conditions of sale
1.1 "Buyer" means the person who buys or agrees to buy the Products from the Seller.
1.2 "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 "Delivery date" means the date specified by the Seller when the Products are to be delivered.
1.4 "Products" means those goods/items specified.
1.5 "Price" means the price for the Products including carriage, packing and VAT.
1.6 "Seller" means Nicky Cornell LTD.
1.7 "Consumer" or "Customer" shall bear the meaning ascribed in section 12 Unfair Contract Terms Act 1977.
2 Conditions applicable
2.1 Nothing in these conditions shall affect the buyer's statutory rights as a consumer.
2.2 The Seller shall sell and the Buyer shall purchase the products in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders placed using the Seller's electronic online ordering service, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
2.3 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
2.4 If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
2.5 If the Seller does not have sufficient stock to be able to deliver the Products ordered by the Buyer then any sum paid by the Buyer will be refunded or re-credited to your account and the Seller will notify you at the address given by you in your order form. The refund will be made as soon as possible and, in any event, within 30 days of your order and the Seller will not be obliged to offer any compensation for disappointment suffered.
3 The price and payment
3.1 Save as provided otherwise herein the Price shall be that as stipulated in the Seller's published price list current at the date of order of the Products. Any event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the contract upon written notice. If notice of price increase is given by the Seller, the Buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the Seller within 7 days of delivery of the notice of price increase to the Buyer.
3.2 Payment of the Price shall be due at the date of the order. Time for payment shall be of the essence. If the Buyer does not pay the Price on notification of shipment the Seller may bring an action for the Price even though property in the Products has not been passed to the Buyer. If the Buyer fails to make payment as required the Seller may suspend delivery of the Products or any further Products ordered until payment is made in full.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 2% above Barclays Bank Plc's base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.
4 The Products
4.1 All items in the French Style Chateau Furniture range are hand made therefore sizes may vary slightly and are only offered as a guide.
4.2 Most ranges of Shabby Chic and French style furniture have a distressed paint effect and an overall aged look and feel. This cannot be accepted as a fault. Please be aware of this when ordering as this is not a valid reason for return of the item.
4.3 Photographs are for illustrative purpose only. Computer screens and monitors colour settings can alter colours slightly. If in doubt we can provide you with a sample.
5 Warranties and liability
5.1 All Products supplied by the Seller come with a manufacturer's warranty of 12 months.
5.2 The Seller shall provide the Buyer with such information as is required to claim under the manufacturer's warranties. In the event of a claim, the Buyer shall in the first instance contact the Seller's customer service department.
5.3 The Seller does not provide any warranty cover against defects in his own right.
5.4 Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
5.5 Insofar as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any Products which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the Products in question. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering Products or any damage or defect in Products delivered which is caused by any event or circumstance which is beyond our reasonable control. Nothing in this Clause 5 affects your statutory rights as a consumer.
6 Delivery, Returns and Cancellations
6.1 is the customer's responsibility to ensure that all ordered goods fit into the home and that there is no restricted access. Nicky Cornell cannot accept refunds for goods that cannot fit into the home or cannot be delivered due to access, unsuitability or any fault of the customer in regards to measurements or assumptions.
6.2 Deliveries are made by either Nicky Cornell logistics or by 3rd party specialist furniture contractors. Due to congestion and traffic hold-ups, times for delivery are estimates only.
6.3 Due to current Health and Safety insurance requirements and the current culture of litigation, we as a company are not responsible for any damage to goods and or property as a result of deliveries beyond the threshold of your property. Items delivered upstairs are carried out entirely at the property owners risk.
6.4 Clearance, Ex-Display and Reduced Showroom items are sold-as-seen and do not carry any gaurantee or return option whatsoever. Exchanges may be possible - please ask if unsure.
6.5 All goods shall remain the property of Nicky Cornell until the customer has paid for them in full.
6.6 Our charges for delivery are quoted as within the mainland England and Wales, vary between free delivery and £85 dependent on postcode location and order value ( Occasionally we may offer specific items delivered free of charge to mainland England and Wales. We will deliver to Scotland and Ireland for an additional charge as agreed prior to order.
6.7 We do not deliver on weekends or Bank Holidays.
6.8 If the Buyer is dissatisfied with his purchase for any reason he or she may, within seven days of delivery, contact the Seller's customer service department to notify them that they wish to return some or all Products from their order. The Buyer must either arrange to return the Products themselves to the Seller at their own cost or they may ask the Seller to arrange for collection of the Products, the direct cost of which will be deducted from the refund. Products must be returned to the Seller in the same condition they were in at the time of delivery and in their original packaging or similar. Products which are not adequately packaged at time of collection may not be collected and a charge up to £85 may be levied to cover the cost of failed collection. Refunds will be issued within 30 days of receipt of Products and after we have inspected them for damage. We reserve the right to withhold all or part of your refund if Products are returned damaged. If your items require a two man uplift then charges will apply accordingly. We reserve the right to refuse a refund or return if goods have been used not in accordance to their intended use and or faults not caused by product malfunction.
6.9 Due to the extremely fragile nature of Glass furniture Venetian and mirrored products are exempt from the statutory 7 day cooling off period when they have been checked and signed for by the customer. We will not accept liability for cracks, chips and or any damage to glass which was not apparent on the day of delivery. Once the customer has signed our Glass/Mirrored furniture disclaimer at point of delivery the furniture is deemed to be satisfactory and we will not be held responsible for any damage that may have been caused while it is in the customers possession. If handles have not already been fitted please either ask the driver to install or take great care when doing this yourself. If you crack the glass when tightening handles this will not be a deemed a reason for a replacement. This is to protect our company from unreasonable and sometimes fraudulent claims.
6.10 Our usual refund policy does not apply to special-order Products. Where the Buyer has selected a specific colour or non stock item is ordered, this Product is classified as a made-to-order Product. If a made-to-order Product is cancelled within a few days of placing the order we may be able to offer a full refund however if the Product has gone to production this may not be possible. If this is the case it is unlikely that the Seller will be able to sell it at full selling price therefore a cancellation charge of 20% will be deducted from the refund. This does not affect your statutory rights.
7 Acceptance of the Products
7.1 Other than where the Buyer acts as a Consumer the Buyer shall be deemed to have accepted the Products 7 working days after delivery to the Buyer.
7.2 After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.
8 Title and risk
8.1 Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
8.2 Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.
8.3 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.
9 Insolvency of Buyer
9.1 This clause applies if:
9.1.1 The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or
9.1.2 An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or
9.1.3 The Buyer, not being a consumer, ceases, or threatens to cease, to carry on business, or
9.1.4 The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
9.2 If the Clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Products have been delivered but not paid for the Price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary.
10.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller's premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
10.2 Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer's address as provided to the Seller.
11.1 The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
11.2 Additional costs
The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
12 Proper law of contract
12.1 This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising determined exclusively by the Courts of England and Wales.
Please note that the "Distance Selling Regulations" only apply in a B2C (business to customer) situation and do not apply in a B2B (business to business) situation. By opening a trade account with us you are fully aware that we do not then offer a retail service. Once you order goods from us, you cannot cancel the order, any damages or faults must be reported within 48 hours of delivery.
Should an order paid by bank transfer be cancelled, you will receive a refund (minus any costs incurred as above) in the form of a credit note, please note that we do not refund via bank transfer.
Nicky Cornell LTD is committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). We collect information to process your order and to provide you with the best possible service. We do not store credit card details nor do we share customer details with any third parties. We will not e-mail you in the future unless you have given us your consent.
In accordance with the Privacy & Electronic Communications Act passed into law 11 Dec 03 - “We do not send random marketing emails to personal email addresses (spam).”
We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly.
We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.
If you have any questions/comments about privacy, you should contact our legal department on us on 0345 6040244.