TERMS AND CONDITIONS
1.1 "Buyer" means the person and/or organization who buys or agrees to buy the Goods from the Supplier;
1.2 "Consumer" shall have the meaning as described in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Consumer Buyer” is a Buyer who is a Consumer.
1.4 "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.5 "Goods" or “Products” means the items that the Buyer agrees to buy from the Supplier;
1.6. “Made to Order Goods” means items which are bespoke or custom made, which have been made, modified to the Buyer’s own taste, adapted or altered in any way by the Supplier in accordance with the Buyer’s own specification and choice. So, for example, where the Buyer chooses the fabric and finish of furniture, this is made to order.
1.7. “Standard Goods” are goods which are not Made to Order Goods and where the Buyer has no choice or input. So, for example, where the Buyer chooses a painting and has no choice of frame or finish etc, this is a Standard Product.
1.8. "Supplier" means Voga ltd. 35 Catherine Place London SW1E 6DY. A company registered in England and Wales as Voga Ltd. Whose company number is 07102739 whose VAT number is 0702733.
1.9. "Terms and Conditions" means these terms and conditions but will also include any special terms and conditions agreed in writing by the Supplier; “
1.10. "Website" means www.voga.com
1.11. “Working Days” means any Monday to Friday from 8am to 5pm GMT excluding all Public and bank holidays in England and Wales.
2.1. These Terms and Conditions apply to all contracts for the sale of Goods by the Supplier to the Buyer and will prevail over any other communication, agreement or documentation from the Buyer. Nothing in these Terms and Conditions is intended to affect a Buyer’s statutory rights as a Consumer
2.2. If the Buyer accepts delivery of the Goods, then this shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.3. Any special conditions which apply will be set out in an email to the Buyer and will form part of these Terms and Conditions.
2.4. These Terms and Conditions can only be varied if the Supplier specifically agrees in writing.
2.5. The Supplier is entitled to vary these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions (including any special or varied terms and conditions accepted by the Buyer upon purchase).
2.6. Any complaints by the Buyer must be in writing to the Supplier’s address stated in clause 1.8 above.
3.1. To place an order the Buyer must use the Order process described at www.voga.com/uk/faqs.
3.2. All orders for Goods are deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason whatsoever.
3.3. If the Supplier is unable to supply the Goods then the Supplier will notify the Buyer. The Buyer can either choose to wait until those goods are available or can receive a full refund within 28 days.
4 PRICE AND PAYMENT
4.1. The price of the Goods is inclusive of VAT and as displayed on the website and as the Buyer has finalised their choice of made to measure goods. Prices exclude delivery charges as detailed on the website. The total price, including VAT and delivery, will be displayed and confirmed upon checkout before the order is confirmed.
4.2. Payment of the price plus any applicable VAT and delivery charges must be made in full before order is processed.
4.3. Once the Supplier receives the order the Supplier will e-mail confirmation of the order (including details of the Goods ordered and the price) together with any applicable consumer cancellation rights.
4.4. The total price you pay for the goods will be shown at the checkout. The Supplier is entitled to adjust the advertised price to take account of any increase in our supplier's prices, the imposition of any new taxes or duties, typographical error, or error in pricing information from suppliers. Should The Supplier have cause to adjust the price you will be offered the opportunity to cancel the order before the despatch of the goods.
4.5. In the event a product is listed at an incorrect price due to the above (see clause 4.4) the Supplier shall have the right to refuse or cancel any order submitted at the incorrect price whether or not the order has been confirmed. If your payment has already been processed and we subsequently cancel your order, we will immediately issue a refund for the full value of the amount processed.
4.6. Payment is taken at the time of ordering, regardless of the specified lead time stated.
4.7. Rules for use of discount codes: Discount codes you get from our newsletter or other promotions cannot be combined with other discounts and sale items. Discount codes that you have received through gift cards or as compensation, cannot be used in conjunction with our normal discount percentages. Once you've written your discount code in the box, your discount will be deducted from the final amount while the general rate discount - described at the top of this page - will be automatically deducted without you having to do anything. It is not possible to use two discount codes in the same order. If you have two discount codes, you must therefore choose which one you want to use.
5 SUPPLIER’S RIGHTS
5.1. The Supplier reserves the right to withdraw any Goods from the Website without notice without any liability whatsoever.
5.2. The Supplier reserves the right to refuse any order without liability.
5.3. Unless specifically displayed on the website, prices are not guaranteed for any length of time. The Supplier reserves the right to update the prices displayed and will use their best endeavors to ensure that prices are correct at the time the buyer places an order.
5.4, Where any payment is overdue (does not clear for any reason or is not made on time) then the Supplier will immediately cease or suspend the delivery of any Goods until full cleared payment is received by the Supplier.
6.1 The Supplier will deliver the Goods to the DSV warehouse at West Dock Road, Parkeston, Harwich, Essex CO12 4QW, United Kingdom, or such other address as it may advise on its website from time to time (the “Delivery Address”). The Buyer may collect the Goods from the Delivery Address or arrange for a third party carrier to collect the Goods from the Delivery Address,
6.2 However, the Buyer must be aware that all risk in all Goods passes to the Buyer at the time of delivery of the Goods to the Delivery Address and that as from such time, including during any subsequent transit time, the Buyer shall be responsible for the Goods and responsible for any additional costs connected with the Goods, including transit, import duties, local taxes and insurance costs. Where the Buyer arranges the collection and onwards delivery of Goods with a third party carrier, the Buyer will be entering into a contract directly with the third party carrier. The Supplier will provide to the Buyer details of a selection of third party carriers and their terms and conditions upon request from the Buyer. The Buyer can contact the Supplier at firstname.lastname@example.org If a prospective Buyer wishes to use another third party carrier, then the prospective Buyer should contact the Supplier at email@example.com before ordering.The third party carrier will not deliver inside the property which goods are being delivered to.
6.3 Made to Order Goods will normally be available at the Delivery Address between 13 to 14 weeks after the Order and payment are received by the Supplier. Standard Goods will normally be available at the Delivery Address seven Working Days after the Order and payment are received by the Supplier.
6.4. Where the Buyer arranges the collection and onwards delivery of Goods with a third party carrier, then the time of that onwards delivery for such Goods will vary and is at the Buyer’s own risk.
6.5. The Supplier will use all reasonable endeavors to adhere to any agreed dates for delivery of the Goods to the Delivery Address and any agreed dates for collection by the Buyer or a third party carrier, but time shall not be of the essence. However when the Supplier cannot adhere to an agreed date the Supplier will notify the Buyer who can either agree a new date or, in the case of an inability to adhere to an agreed date for delivery to the Delivery Address, receive a refund. The Supplier will never be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any delivery or collection date.
6.6 The title in Goods will only pass to the Buyer upon cleared full payment of the price and on delivery of the Goods to the Delivery Address. Risk in any Goods passes to the Buyer on delivery of those Goods to the Delivery Address. Please note that our carriers only deliver to the customers address at street level only.
6.7. It is the Buyer’s responsibility to examine the packaging and Goods very carefully for any damage, immediately upon collection or receipt from a third party carrier. If there is any damage at all, for example, packaging shows signs of being torn or squashed, the Buyer must notify the Supplier by email to firstname.lastname@example.org on the day it collects the Goods or receives them from the third party carrier. In addition, where the Buyer is signing to collect a package that appears damaged in any way then the Buyer must sign and write “Collected Damaged'.
6.8. Buyers must take care when opening packaging. The Supplier can not be responsible for any damage caused as a Buyer removes packaging, for example, if the Buyer uses a knife to remove packaging and Goods are torn.
6.9. Undelivered consignments – Any items returned to our carrier as failed deliveries due to buyers not being available will charged for a second delivery. This also occurs as a result of incorrect delivery addresses being provided.
7 DAMAGED OR DEFECTIVE GOODS
7.1. It is every Buyer’s duty to fully inspect Goods and please refer to clause 6.7.
7.2. Where a Buyer is aware that packaging is damaged then they must notify the Supplier in accordance with clause 6.7 above.
7.3. Where a Buyer is aware of damage or defect after packaging has been opened, or the Goods are defective in that they do not comply with the Order, then the Buyer must notify the Supplier by email to email@example.com within 7 days of the date of collection by the Buyer or, if later, delivery by the third party carrier. If the Buyer fails to do so then the Buyer shall be deemed to have accepted the Goods.
7.4.1 Where the Goods are defective or were damaged while risk and responsibility for the Goods was the Supplier’s and the Buyer wishes to make a claim of defect or damage, then
7.4.2 The Buyer must retain the original packaging. We ask that this be retained in good condition. Without the original packaging the Supplier may be unable to deal with the Buyer’s complaint.
7.4.3 If the Supplier agrees to replace the product then they will make arrangements with the Buyer to collect the damaged or otherwise defective Goods from the Buyer and replace them. The replacement Goods will be delivered to the Delivery Address in accordance with clause 6.
7.4.4 The supplier will examine the Goods and determine whether the defect is the fault of the Buyer or the Supplier. Where the fault lies with the Buyer the Goods will be returned to the Buyer by delivery to the Delivery Address within 14 days of receipt of the delivery charge being paid by the Buyer. The delivery rate will normally be charged at same rate paid by the Buyer for the original delivery.
7.4.5. Where any fault lies with the Supplier, in view of the Goods sold, a replacement will normally be dealt with within as soon as the Supplier is able, from the date that the Buyer notifies the Supplier of a defect. However, we reserve the right to offer a refund or compensation. Refunds and compensation are normally paid within 28 days of the date that the Buyer notifies the Supplier of a defect.
7.5. Where returned Goods are found to be damaged due to the Buyer’s actions then the Buyer will be liable for the cost of remedying such damage.
8 CONSUMER CANCELLATION RIGHTS AND CONSUMER RETURN
8.1. This clause refers to additional rights which Buyers who are consumers may have.
8.2 In addition to any other rights, consumers have statutory rights to cancel the contract for Standard Goods by contacting the supplier in writing within 7 working days following the day after the consumer collected the Goods or, if later, received the Goods from a third party carrier and will receive a refund. However, this cancellation right does not apply to any Made to Order Goods .
8.3. Where Consumer Buyers exercise their statutory rights to cancel then the Goods must be returned by the Buyer, at the Buyer’s expense, within 14 days of cancellation. The Buyer is under a duty to take care of the Goods until they have been returned to the Supplier. The Buyer requests that in the case of such cancellations Goods be returned in the original packaging with adequate insurance during the return journey.
8.4. Where a Consumer Buyer exercises their statutory rights to cancel then they will receive a refund of all monies paid for the Goods except for any costs associated with return postal/transit charges in respect of the Goods it returns to the Supplier. This will be made using the same method of payment that the Consumer Buyer used when purchasing the Goods.
8.5 If the Consumer Buyer exercises their statutory right to cancel the contract, but has not taken care of the Goods until they have been returned to and received by the Supplier, or does not return the Goods to the Supplier in their original and undamaged packaging or fails to return the Goods to the Supplier, then the Supplier shall be entitled to deduct from its refund to the Consumer Buyer (as set out in clause 8.4) all such amounts as are reasonably necessary for it to repair or replace the Goods and/or their packaging and/or recover the Goods from the Consumer Buyer (as appropriate). This amount is at the discretion of Voga Ltd and can be up to 30% of the original purchase price. Our returns process is available here http://www.voga.com/returns/
9 RESPONSIBILITY & USE OF GOODS/PRODUCTS
9.1. The Buyer agrees to be solely responsible for the use of any Goods supplied and that they will use the Goods legally and only for the purposes that such Goods are intended to be used for and at all times in accordance with any applicable manufacturer’s instructions, advice, suggestion, guidance and information. This includes ensuring that the Buyer reads all the information and guidance supplied by the manufacturer, takes any required precautions and/or tests before use and fully understands what the Goods contain.
9.2. Furthermore the Buyer agrees that they will not misuse any Goods supplied and will abide by any laws applicable to any Goods supplied.
11.3. With all products, it is the Buyer’s responsibility to ensure that the Goods are suitable for the Buyer’s own use.
9.4. The Buyer specifically accepts that the effectiveness of any products will also be dependent on correct and effective use, storage, inspection and periodic routine maintenance.
9.5. The Buyer specifically agrees that the Supplier has no liability and furthermore that the Buyer will indemnify the Supplier for any losses or expenses incurred whatsoever resulting from any breach of this clause 9.
9.6 Where the Buyer has supplied any specifications and/or measurements, then their accuracy remains the sole responsibility of the Buyer and the Buyer shall be solely responsible for any costs and/or expenses incurred because of any inaccuracy or problems arising as a result of any specifications and/or measurements provided.
10 LIMITATION OF LIABILITY
10.1. Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or its employees or agents or for any liabiilty which cannot be limited or excluded by law.
10.2. The Supplier shall never be liable for any indirect, incidental or consequential loss or damage whatsoever.
10.3. Time shall not be of the essence and the Supplier shall incur no liability to the Buyer in respect of any failure to deliver the Goods to the Delivery Address by any agreed date.
10.4. Other than those implied by law where the Buyer is dealing as a Consumer, in the event of the Supplier breaching any of these Terms and Conditions the Buyer’s remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Goods.
Nothing in these Terms and Conditions and no express or implied waiver by the Supplier in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
The Supplier shall not 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 acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
13 INVALIDITY & SEVERANCE
Each clause or any part at all of these Terms and Conditions is to be regarded as independent of the others. This means that should any clause or any part at all of these Terms and Conditions be found to be unenforceable or invalid it will be severed and will not affect the enforceability or validity of the rest of these Terms and Conditions.
14 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.