- BASIS OF SALE
1.1 The Buyer represents that: (i) information provided by it when placing its Order is up-to-date, materially accurate, complete, not misleading and is sufficient for Seller to fulfil the Buyer’s Order, and (ii) if such information for any reason becomes out of date or materially inaccurate, incomplete or misleading prior to the Seller fulfilling the Buyer’s Order then the Buyer will without delay provide the Seller with the then up-to-date, materially accurate, complete, not misleading information that is sufficient for Seller to fulfil the Buyer’s Order. The Buyer also represents that it has legal capacity to enter into the Contract.
1.2 These Conditions apply to the Contract to the exclusion of (and shall prevail over) any other terms that the Buyer seeks to incorporate or apply to the Contract (to include, but not limited to, the Buyer’s standard terms of conditions or terms derived from prior dealing or custom and practice). No amendment or variation of these Conditions shall be effective unless agreed by the Seller in writing.
1.3 Subject to Condition 9.1: (i) the Contract constitutes the entire agreement, arrangement, understanding and commitment between the parties concerning its subject matter, and (ii) any statements, promises, commitments or agreements of any kind before the Contract concerning the same subject matter as the Contract are fully excluded by the terms of the Contract (and are not relied upon by the parties to enter into or comply with the Contract) except to the extent the same have been reproduced expressly in writing in the Contract.
- ORDERS AND SPECIFICATIONS
2.1 The Order constitutes an offer by the Buyer to purchase the Products in accordance with these Conditions. The Seller is entitled to accept or reject any offer. Any such offer will be deemed to be accepted if within 10 working days of the Order the Seller has not communicated its rejection of the offer to the Buyer. An Order can only be withdrawn by a Buyer without the consent of the Seller if the Seller receives the withdrawal in writing before the Seller accepts the offer for the Order.
2.1 The minimum Order value is £175 plus VAT. Any Orders below this value will be subject to carriage of £9.50 plus VAT. Orders £175 and over plus VAT, will have carriage paid by the Seller. Carriage to overseas buyers is paid on orders over £1,500 plus VAT. M2M carriage shall be paid at £250 plus VAT.
2.2 Seller reserves the right to notify the Buyer of any mistakes in the descriptions of the Products or errors in pricing prior to the dispatch of Products. In such event: (i) if the Buyer chooses to continue with the Contract, Seller acknowledges that the Products will be provided in accordance with such revised description or corrected price, and (ii) if the Buyer chooses not to continue with the Contract, the Contract will be deemed terminated. The Buyer will be deemed to continue with the Contract if it either confirms as such in writing with 3 working days of the Seller’s notification under Condition 2.2 or the Buyer has not responded with a confirmed position within the said 3 working days. The Seller is entitled to delay delivery until the position from the Buyer is determined under the terms of Condition 2.2.
2.3 Seller reserves the right to make any changes in the specification of Products, which do not materially affect their quality or performance.
2.4 No Order may be cancelled by the Buyer except with the agreement in writing of Seller and on the terms that the Buyer shall indemnify and hold harmless the Seller, on demand and without delay, in full against all losses (including, without limitation, loss of profit), costs (including, without limitation, the cost of all labour and materials used), wasted expenditure, damages, charges and expenses incurred by Seller as a result of cancellations.
2.5 Actual colours of Products may vary. Although the Seller will try to make sure that all colours shown in any samples, photographs, images or drawings of any kind on its website or in any of its brochures, designs or other publications or documents provided by or for the Seller (in each case “Published Colours”) are accurate, the Seller cannot warrant, represent or guarantee that the Published Colour that the Buyer sees accurately portrays the true shade or texture of any colour of the Products to be ordered, ordered or delivered. Published Colours may not be accurate due to a number of factors (for example, but not limited to, how a Published Colour appears may be affected by natural product variations such as lighting, ink used in printing and materials on which the printing is done (and the type, condition or settings of equipment used to view digital content online). The Buyer therefore agrees to treat all Published Colours as being general guidance and information only and not to be relied upon to be the same as the shading or texture of the colour of actual ordered Products that are delivered.
2.6 Shapes, images or drawings of any kind for any object shown on the Seller’s website or in any of its brochures, designs or other publications or documents provided by or for the Seller, may not be to an exact size or scale. They should only be considered as being for general guidance or information which are not to be relied upon as reflect actual size, scale or manufacturing properties of the object in question.
- PRODUCT PRICING
3.1 The price quoted is based on Seller’s suppliers’ sale prices and existing transport costs, the current exchange rates of the supplier countries as well as current customs rates and other duties, tariffs and costs as at the date of publication (in each case subject to Condition 3.3). In the event of increases in any of these or where there has been any increase in costs due to any request by the Buyer to change the delivery date(s), quantities or types of Products or any delay caused by an instructions or lack of instructions of the Buyer, or any other delay for which the Seller is not responsible or liable under the Contract, the Seller is entitled to notify the Buyer at any time prior to delivery of a representative increase in the price of the Products.
3.2 The price of the Products (and each other amount stated in the Contract) is exclusive of amounts in respect of value added tax (VAT). The Buyer shall, on receipt of a valid VAT invoice from Seller, pay to Seller such additional amounts in respect of VAT as are chargeable on the supply of Products.
3.3 The price of the Products is exclusive of all costs of packaging, insurance and carriage of the Products, which shall be paid by the Buyer in full. The price of the Products is also exclusive of all import tariffs and duties where deliveries are made outside of the UK (and all such duties and tariffs will be paid by the Buyer in full).
- TERMS OF PAYMENT
4.1 Subject to any special terms agreed in writing between the Buyer and Seller, for UK orders Seller shall invoice the Buyers for the price of the Products on an ex-works (Incoterms 2010) basis with delivery to the Buyer’s premises as set out in the Order or such other location as agreed in writing between the Buyer and the Seller being charged additionally if applicable.
4.2 Title to Products (the “RoT Products”) shall not pass to the Buyer until the earlier of:
4.2.1 the Seller receiving payment in full (in cash or cleared funds) for:
(a) the invoices concerning the RoT Products; and
(b) all other sums that are or that become due to the Seller from the Buyer for sales of other Products or on any account before or at the time of the payment for the RoT Products becomes due; or
4.2.2 the Buyer resells those Products under Condition 4.4.
4.3 Until title to RoT Products has passed to the Buyer, the Buyer shall:
4.3.1 hold the RoT Products on a fiduciary basis as the Seller’s bailee;
4.3.2 clearly identify the RoT Products in its records as belonging to the Seller (and store them separately to other items in the Buyer’s possession with a notice with the RoT Products that they belong to the Seller and are held by the Buyer under retention of title terms) so that the RoT Products remain readily identifiable as the Seller's property;
4.3.3 not remove, deface or obscure any identifying mark or packaging on or relating to the RoT Products;
4.3.4 maintain the RoT Products in satisfactory condition and keep them insured on the Seller's behalf for their full price against all risks with an insurer that is reasonably acceptable to the Seller. The Buyer shall obtain an endorsement of the Seller's interest in the RoT Products on its insurance policy, subject to the insurer being willing to make the endorsement. On request the Buyer shall allow the Seller to inspect the RoT Products and the insurance policy; and
4.3.5 give the Seller such information as the Seller may reasonably require from time to time relating to:
(a) the RoT Products; and
(b) the ongoing financial position of the Buyer.
4.4 Subject to clause 4.5, the Buyer may resell or use Products in the ordinary course of its business (but not otherwise) before the Seller receives payment for the RoT Products. However, if the Buyer resells the RoT Products before that time:
4.4.1 it does so as principal and not as the Seller's agent; and
4.4.2 title to those Products shall pass from the Seller to the Buyer immediately before the time at which resale by the Buyer occurs; and
4.4.3 as a separate and independent obligation to the above terms of Condition 4.4. the Buyer shall account to the Seller for the proceeds of sale or otherwise of the RoT Products, whether tangible or intangible, including insurance proceeds, on trust for the Seller and separate from any moneys or property of the Buyer and third parties and, in the course of tangible proceeds, properly stored, protected and insured.
4.5 At any time before title to the RoT Products passes to the Buyer, the Seller may (without prejudice to its other rights and remedies):
4.5.1 by notice in writing, terminate the Seller's right under Condition 4.4 to resell the RoT Products or use them in the ordinary course of its business; and
4.5.2 require the Buyer to deliver up all the RoT Products in its possession that have not been resold, or irrevocably incorporated into another product and if the Buyer fails to do so promptly, enter any premises of the Buyer or of any third party where the RoT Products are stored in order to recover them.
4.6 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 by the Buyer to the Seller (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
4.7 The Buyer shall pay all amounts due under the Contract in full without any deduction or withholding by way of set-off or otherwise except where a deduction or withholding is mandatory under the law and (in any event) the Buyer shall not be entitled to assert any credit, set-off or counterclaim against Seller in order to justify withholding payment of any such amount in whole or in part.
4.8 Seller conducts continuous credit ratings checks of its Buyers. Credit amounts or limits may be adjustment upwards or downwards at any time by the Seller for any reason.
4.9 All payments to the Seller shall be in pounds sterling or such other currency agreed in writing by the Buyer and the Seller (the “Payment Currency”). All currency conversion and bank transfer fees shall be paid by the Buyer in full so that the full invoiced amount is received by the Seller in the Payment Currency.
4.10 All amounts invoiced by the Seller must be paid in full within 30 days of the invoice date (unless otherwise agreed in writing by the Buyer and the Seller). If an invoice becomes overdue then, without prejudice to any other rights and remedies, the Seller has the right to: (i) reduce or withdraw any credit limit, and/or (ii) charge interest at 4% above the Bank of England base rate for the first 10 days that an amount is overdue and then 8% above the Bank of England base rate thereafter – in each case with interest accruing daily and being compounded on the last calendar day of each month after the month in which the amount becomes overdue. Collection will be passed to our third party debt recovery specialists where a charge of 15% plus VAT will be incurred on the unpaid amount.
4.11An invoice from the Seller for which a good faith written query/dispute notice is not received by the Supplier within 5 days of the Buyer receiving the invoice will be treated as undisputed. If an invoice query/dispute is received by the Seller within the said 5 days then the invoice must still be paid in full within the required payment period, but the Seller will then promptly refund the extent of the invoice query/dispute that is agreed or resolved in favour of the Buyer.
- DELIVERY
5.1 Risk in the Products shall pass to Buyer (a) in the case of Products to be collected from the Seller’s premises, at the time when the Seller notifies the Buyer that the Products are available for collection; or (b) in the case of Products to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Products, the time when the Seller has tendered the Products for delivery. Upon risk passing the Seller shall bear no further responsibility for damage or deterioration to (or loss of) the Products.
5.2 All times of delivery (and other performance of obligations by the Seller) stated by Seller are approximate, and the time of delivery (or any other performance of obligations by the Seller) is not of the essence. It is a foregone conclusion that the Buyer has met any obligations in relations to the Contract and has provided all other instructions to Seller that are relevant to the supply of the Products.
5.3 In cases where Seller has not delivered before the approximate delivery time, the Buyer is not entitled to cancel the purchase, but is entitled to set a reasonable closing date by agreement with the Seller, before which delivery must take place. The closing date period cannot be shorter than 14 days. On request Seller has to state the reason for the delay and if possible the time when the delivery is expected to take place. This Condition 5.3 applies subject to Condition 5.2.
5.4 The Buyer has to allow for partial delivery and/or delivery by instalments.
5.5 Seller shall have no liability for any failure to deliver the Products to the extent that such failure is caused by: (i) the Buyer’s failure to provide Seller with any instructions that are relevant to the supply of the Products, (ii) the delivery location not being safe for delivery or being subject to any obstruction or hindrance for delivery, (iii) the Buyer refusing to take delivery or any other act or omission by or for the Buyer (or any person other than the Seller or an agent of the Seller), or (iv) if Condition 8.1 applies (force majeure event).
5.6 Without limiting its other rights or remedies, the Seller may suspend provision of the Products under the Contract or any other contract between the Buyer and the Seller if the Buyer is subject to any insolvency situation or suspends or ceases to carry on all or substantially the whole of its business or its financial position deteriorates that its capability to fulfil its obligations to pay has been placed in jeopardy (or Seller reasonably believes that such an event is about to happen) or if the Buyer fails to pay (or is considered to be at risk of not paying) any amount due under this Contract on the due date for payment.
5.7 The Buyer cannot reject delivery of Products if the quantity of Products delivered are no more than 10% above or below Ordered quantities.
- RETURN POLICY
6.1 There is no return guarantee. The return of delivered Products can only take place on special conditions in clear written agreement with the Seller. The returning of Products is at the Buyer’s own expense and risk.
6.2 In cases where Seller has accepted returning of Products taking place, without Seller having examined the Product, it is a condition that the returned Products are in original conditions (except for the packaging) and has not been in use or been damaged. Seller is entitled to deduct an amount based on an estimate to cover handling.
7. DEFICIENCIES, COMPLAINTS AND RESPONSIBILITY
7.1 Upon receipt of the delivery the Buyer shall without delay make sure the delivered Products meets contractual requirements and are free of deficiencies. Any complaints about shortfalls in delivery or other variances or defects have to be specified and put in writing to the Seller no later than 2 hours of the delivery taking place for those that can reasonable detected by a purely visible inspection without removing packaging, and in any other case no later than 7 days of delivery date. On any such complaint the Buyer shall fully, in good faith and promptly co-operate with the Seller’s requests for information and investigations concerning such complaint. If no such complaint is made within the said applicable timescale then the delivered products shall be treated as contractually compliant with no delivery related breaches on the Seller’s part. In any event, the delivery note being signed by or for the Buyer will be evidence (without prejudice to any other evidence) that the Buyer has accepted the delivered products as being correct in quantity and compliant with the Contract to the extent that compliance can be ascertained immediately on delivery without opening any packaging.
7.4 In cases where deficiencies’ claims against Seller are proven (with return of the Product to the Seller by the Buyer if requested), Seller shall at its option replace or give the Buyer a refund for the price for the Products which are defective, but Seller shall have no further liability to the Buyer in respect thereof.
7.6 Seller shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to abnormal conditions, failure to follow Seller’s instructions (whether oral or in writing), misuse or alteration of the Products without Seller’s approval, continued use of the Product alleged to be defective or noncompliant with the Contract or any other act or omission on the part of the Buyer, its employees or agents or any third party.
7.7 Subject as expressly provided in these Conditions all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7.8 The Buyer accepts that the Seller has no manufacturer responsibility or liability for any Product to the extent that it has not been manufactured by the Seller. However, where contractually, practically and commercially reasonable, the Seller can co-operate with the Buyer for sharing any manufacturer warranties that the Seller has benefit of.
7.9 If the Buyer is the subject of a request, court order or other directive of a governmental or regulatory authority to withdraw any Products from the market (Recall Notice) it shall immediately notify the Seller in writing enclosing a copy of the Recall Notice. Unless required by law, the Buyer may not undertake any recall or withdrawal without the written permission of the Seller and only then in strict compliance with the Seller’s instructions about the process of implementing the withdrawal. In any event, the Buyer will fully co-operate with the Seller promptly on any product recall notice being served on the Buyer.
- FORCE MAJEURE
8.1 Seller cannot be held liable for lack of, or delay in, fulfilment of obligations under or arising from the Contract to the extent that such failure or delay is due to any Force Majeure Event. In cases where faultless or timely performance or deliveries are prevented temporarily due to one or more Force Majeure Events, the obligation to perform or deliver will be suspended for the period of time that the performance or delivery is prevented and Seller cannot be held liable for such delay. Should such a Force Majeure Event occur, Seller is responsible for notifying the Buyer in writing of the Force Majeure Event and the anticipated end of the event as soon as reasonably practicable. In case of a Force Majeure Event lasting or expected by Seller to last more than 6 weeks, Seller as well as the Buyer is entitled to cancel the Contract without this being seen as non-fulfilment or breach of Contract (and without any liability for compensation).
9. LIMITS ON LIABILTY
9.1 Nothing in these Conditions shall limit or exclude Seller’s liability for (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable), (b) fraud or fraudulent misrepresentation, (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979, (d) defective products under the Consumer Protection Act 1987, or (e) any other matter for which liability cannot legally be excluded or limited under the Contract.
9.2 Subject to Condition 9.1: (a) the Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any losses (to includer, but not limited to (i) loss of operations, loss of time, wasted expenditure, loss of profit or (ii) any indirect or consequential loss experienced by the Buyer – in each case arising under or in connection with the Contract; and (b) the Seller’s total liability to the Buyer in respect of all claimable losses under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed a sum equal to the price of the applicable Product(s) concerning the applicable Order.
9.3 The Buyer shall seek to discuss and resolve any and all concerns, complaints, disputes and claims with the Seller in a time and cost efficient manner.
10. JURISDICTION AND LEGAL STATEMENT
10.1 The Contract, and any dispute or claim which may occur between Seller and the Buyer arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English and Welsh law; and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales. Regardless of above, the Seller is always entitled to sue (or seek enforcement/recovery against) the Buyer in any jurisdiction in which the Buyer has a place of business and/or has assets.
11. GENERAL
11.2 Any notice given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing, and shall be delivered personally, sent by pre-paid first-class post, recorded delivery or commercial courier; however, the Seller is entitled to communicate by email where it deems it appropriate.
11.3 If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Contract shall not be affected. If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal is some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
11.4 A waiver of any right or remedy under the Contract is only effective if given in writing (and in the case of a waiver from the Seller, this is only effective if from an Authorised Seller Representative) and shall not be deemed a waiver of any subsequent breach or default.
11.6A person who is not a party to the Contract shall not have any rights under or in connection with it.
11.7 The Contract may be terminated by the Seller to the extent permitted by law, if the Buyer: (a) fails to pay any amount due under the Contract on the due date for payment and remains in default not less than 14 days after being notified in writing to make such payment; (b) suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 (IA 1986) as if the words "it is proved to the satisfaction of the court" did not appear in sections 123(1)(e) or 123(2); (c) begins negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with any of its creditors other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party; (d) applies to court for, or obtains, a moratorium under Part A1 of the IA 1986; (e) becomes the subject of a petition filed, a notice given, a resolution passed, or an order made, for or in connection with the winding up of the Buyer (being a company, limited liability partnership or partnership) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party; (f) becomes the subject of an application made to court, or an order made, for the appointment of an administrator or a notice of intention to appoint an administrator is given or an administrator is appointed over the Buyer; (f) becomes the subject of a qualifying floating charge holder over the assets of Buyer becoming entitled to appoint or has appointed an administrative receiver; (g) ) becomes the subject of a person becoming entitled to appoint a receiver over all or any of the assets of the Buyer or a receiver being appointed over all or any of the assets of the Buyer; (h) becomes the subject of a creditor or encumbrancer of the Buyer attaching or taking possession of, or a distress, execution, sequestration or other such process being levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days; (i) becomes the subject of any event occurring, or proceeding being taken, with respect to the Buyer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in condition 11.7(b) to condition 11.7(h) inclusive; (j) ceases, or threatens to cease, to carry on all or substantially the whole of its business; or (k) has its financial position deteriorate so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.
11.8 Termination of the Contract, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination. Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
11.9 The Buyer and Seller are each “controllers” for the purposes of the UK retained version of the General Data Protection Regulation (“UK GDPR”) and Data Protection Act 2018. Each party will comply with its own obligations under such data protection laws. The Seller processes personal data in accordance with its privacy policy and cookies policy accessible at homecurtains.com/privacy-policy.
11.10 Each right or remedy of the Seller is without prejudice to each other right or remedy of the Seller of any kind under the Contract or otherwise.
11.11 The Seller and the Buyer shall fully co-operate with each other and act in good faith to give full legal and practical effect to the Conditions.
11.12 Each party will keep the Confidential Information confidential for the duration of the Contract plus for as long as the law permits after that period); however, this does not prevent disclosure of information to the minimum extent that the information: (i) has to be disclosed under the law (such as, but not limited to, having to comply with a court order), (ii) is disclosed to any employee, officer or adviser to comply with or enforce this agreement (provided they also keep it confidential on the terms of this condition 11.12), (iii) is already in the public domain through no breach of this condition 11.12 at the time the disclosing party wishes to disclose it, or (iv) is disclosed with the consent of all other parties to who have confidentiality rights over it.
12. DEFINITIONS AND CONSTRUCTION
12.1 In these Conditions, the following definitions apply:
“Authorised Seller Representative” means a duly appointed director of the Seller;
“Buyer” means the person or firm who purchases the Products from Seller;
“Conditions” means the terms and conditions set out in this document;
“Confidential Information” means the existence and terms of the Contract (and all previous versions of the Contract); all correspondence and other communications of any kind between the parties; all disputes, claims and settlements between the parties concerning the Contract; any information, findings, data or analysis derived from Confidential Information; any other information that is identified by the disclosing party as being of a confidential or proprietary nature and, in all cases, shall include all copies of any such information prepared by the directors, officers or employees of the party or any of its employees or other representatives which contains or otherwise reflects or is generated from such information - HOWEVER, information is not Confidential Information if and to the extent: (i) it is, or becomes, generally available to the public other than as a direct or indirect result of the information being disclosed in breach of the Contract; (ii) it was available non-confidential basis to the party wishing to use it on a non-confidential basis prior to that information being acquired by such party, (iii) a court order requires disclosure or use of such information, or (iv) the parties agree in writing that the information is not confidential.
“Contract” means the contract between Seller and the Buyer for the sale and purchase of Products in accordance with these Conditions;
“Force Majeure Event” in respect of an affected party claiming force majeure relief (the “FM Relief Claimer”), any of the following events or circumstances whether or not known or anticipated before entering into the Contract to the fullest extent permitted by law: (a) act of god, natural disaster or severe adverse weather conditions (to include, but not limited to, fires, floods and storms); (b) riots, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war (declared or undeclared) or armed hostilities or other national or international calamity or one or more acts of terrorism; (c) any outbreak, continuance or development of any epidemic or pandemic in its original or mutated/varied form; (d) any introduction of or change in any law or government sanction, prohibition, restriction or binding guidance or requirement; (e) shortage or unavailability of fuel or raw materials; (f) any statement, act or omission of any person other than the FM Relief Claimer, a member of the same corporate group as the FM Relief Claimer, or their respective sub-contractors, employees or agents; (g) any event, occurrence or circumstance beyond the reasonable control of the FM Relief Claimer or its applicable sub-contractor(s); or (h) any combination of any of the above.
“Products” means the goods (or any part of them) set out in the Order;
“Order” means the Buyer’s order for the Products, as set out overleaf or in the Buyer’s purchase order form or similar document or communication as the case may be;
“Seller” means Home Curtains (UK) Limited. Registered Office at c/o Brockhurst Davies Ltd, 11 The Office Village, North Rd, Loughborough, Leicester LE11 1QJ. Registered in England No. 2076957. VAT No. GB442282172
“working day” means any day in a calendar week other than Saturday, Sunday or public holiday in England.
12.2 In these Conditions, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted;
(d) a reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(e) any agreement, confirmation, consent, waiver or settlement from the Seller under or concerning the Contract shall only be valid if made or given by an Authorised Seller Representative; and
(e) a reference to “will” or “shall” has the same meaning any effect as the expression “must”.