Terms & Conditions

Please read the following documentation carefully regarding usage of this website.

All quotations are provided, and any subsequent orders are accepted, by Kiss Furniture Ltd, on these Terms and Conditions of Sale, which shall supersede and exclude any other terms stipulated or incorporated or referred to by the Buyer, irrespective of conditions specified in the Buyer's official order. All orders placed by the Buyer will be deemed to have been made subject to these terms and will constitute a Contract. All orders must be placed in writing with the Buyer's order number clearly stated. The ownership of goods shall remain with Kiss Furniture Ltd until such time that payment has been received and cleared in full.

Cancellations:

Kiss Furniture Ltd's product range is manufactured to order. Cancellations or amendments cannot be accepted without Kiss Furniture Ltd's written consent and only on terms, which will indemnify Kiss Furniture Ltd against loss. Where cancellation of an order is unavoidable the act of cancellation will automatically result in charges to the Buyer, commensurate with the cost incurred by Kiss Furniture Ltd and the manufacturer contracted to complete the original order.

The Price:

Kiss Furniture Ltd will use every endeavour to execute the Contract at the price specified on receipt of a new order where this is in accordance with prices quoted by Kiss Furniture Ltd, but Kiss Furniture Ltd reserves the right to alter the price if necessitated by any alternation in the cost of materials, labour, transport or packaging or by any other circumstances beyond Kiss Furniture Ltd's control. Kiss Furniture Ltd shall give the Buyer notice in writing of any alteration in price and such alterations shall become effective forthwith. If the Buyer is not prepared to accept any increase in price so notified, the Buyer shall have the right, to be exercised within fourteen days, of such notice by Kiss Furniture Ltd, to cancel the undelivered portion of the goods sold under the Contract.

Payment:

Unless otherwise stipulated by Kiss Furniture Ltd the Goods are sold subject to payment against invoice. First orders are to be paid by Pro Forma invoice; subsequent orders to be paid 30 days from presentation of invoice, or in accordance with an agreed Contract. Kiss Furniture Ltd shall reserve the right to claim a finance charge on all overdue accounts at the rate of 2% per month. All prices are subject to VAT at the prevailing rate. A credit account will be opened at the discretion of Kiss Furniture Ltd.

Inspection Of Goods:

The Buyer shall inspect the Goods immediately on delivery thereof and shall within three days of such delivery, give notice in writing to Kiss Furniture Ltd of any matter or condition by reason whereof the Buyer may allege that the Goods are not in accordance with the order. If the Buyer shall fail to give such notice the Goods shall be deemed to be in all respects in accordance with the Terms and Conditions of Sale and the Buyer shall be deemed to have accepted the Goods accordingly. The Buyer will have no claim unless such notice is given.

Passing Of Risk Of Property:

Risk of loss or Damage to the Goods shall pass to the Buyer at the time of delivery. The ownership of the Goods shall not pass to the Buyer until all sums from time to time owing by the Buyer to Kiss Furniture Ltd have been paid, and until payment of all such sums, Kiss Furniture Ltd shall remain the "Owner of the Goods". Such sums shall not be treated as paid until all cheques, bills of exchange or other instruments of payment given by the Buyer have been met on presentation or otherwise honoured in accordance with Kiss Furniture Ltd terms. Kiss Furniture Ltd will be entitled to sue for the whole of the price of any Goods supplied at any time after such instruments have become payable. The Buyer shall hold on trust for Kiss Furniture Ltd all unpaid Goods remaining in the ownership of Kiss Furniture Ltd. In consequence the Goods so held in trust cannot be sold to a third party without the expressed permission of Kiss Furniture Ltd. If the Buyer defaults in the punctual payment of any sum owing to Kiss Furniture Ltd then, Kiss Furniture Ltd shall be entitled to the immediate return of all Goods sold by Kiss Furniture Ltd to the Buyer (or the documents of title thereto) in which the property has not passed to the Buyer, and the Buyer hereby authorises Kiss Furniture Ltd to recover the Goods or documents and to enter any premises of the Buyer for that purpose. A demand for or recovery of the Goods or documents by Kiss Furniture Ltd shall not of itself discharge either the Buyer's liability to pay the whole of the price and take delivery of the Goods or Kiss Furniture Ltd right to sue for the whole of the price. For the avoidance of doubt all monies then outstanding shall be immediately due in respect of Goods already supplied notwithstanding any credit period mentioned in the payment terms referred to in this document.

Delivery:

All delivery dates are estimates only and the time of delivery shall not be of the essence of the Contract. All deliveries are made to a ground floor location during normal office hours unless previously arranged. Kiss Furniture Ltd is not responsible for any loss of trade resulting from delays in the delivery schedule. Kiss Furniture Ltd is not responsible for any loss of trade or subsequent expense resulting from delays in the delivery schedule nor shall any liability of the Buyer to Kiss Furniture Ltd be diminished by reason of such Damage. Kiss Furniture Ltd shall not be responsible for strikes, lockouts or force majeure. Whilst Kiss Furniture Ltd will endeavour to meet the Buyer's delivery dates, Kiss Furniture Ltd cannot be held responsible for delays caused by factors outside their control. Deliveries will normally be made after 12.00 noon Monday to Friday. Deliveries required outside these hours will incur additional costs, which are necessitated by early loading or late return from the delivery site.

Proper Law:

The Contract shall be governed by and construed in accordance with English Law.

Assignment:

The Buyer shall not assign any benefit under the contract without the consent in writing of Kiss Furniture Ltd, which may if given, be on such terms as to guarantee or indemnify or other conditions as required by Kiss Furniture Ltd.