ReHaus: terms and conditions for the supply of goods
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
BY CLICKING TO ACCEPT, YOU AGREE TO THESE TERMS AND CONDITIONS.
Please print a copy of these terms and conditions for your records.
1. ABOUT US AND YOU
1.1. We are ReHaus Furniture Limited, a seller of vintage designer furniture. We are a limited company registered in England and Wales under company number 12490692, and our registered office is at 4th Floor, 100 Fenchurch Street, London EC3M 5JD. Our registered VAT number is 12490692. We will refer to ourselves in these terms and conditions as “ReHaus” or as “we” (and through related words such as “us” and “our”).
1.2. You are the person buying goods from us. We will refer to you as “you” (and through related words such as “your”). We will also refer to you as the “buyer”.
2.1. What these terms cover. These are the terms and conditions on which we supply goods to you.
2.2. Why you should read them. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any comments on these terms, please contact us to discuss.
3.1. How to contact us. You can contact us by email at firstname.lastname@example.org or by telephoning us on +44 20 8164 0405 (lines open [9.30 a.m.] to [5.30 p.m.], [Monday to Friday excluding bank holidays and public holidays in England]).
3.2. How we may contact you. If we need to contact you, we will do so by email or by telephone using the details you have provided in your order.
3.3. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails. It does not, however, include SMS or communication via social media.
4.1. When is your order accepted? Your order is an offer to us, which we are entitled to accept or reject. Our acknowledgment of that order is an acknowledgement that your offer has been received. It is only when we later email to confirm acceptance that a contract is formed between us for the provision of goods.
4.2. If we cannot accept your order. If we are unable to accept your order, we will let you know and will not charge you for any product ordered.
4.3. Your order number. We will assign a number to your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.4. We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from, or deliver to, addresses outside the UK, unless otherwise arranged with us prior to you placing an order.
5. our products
5.1. General description of products. We provide a general description of each product, outlining its type, colour, measurements (within a tolerance of 1.5% per measurement), and the date of manufacture (which may be an approximate date).
5.2. General description of condition. The products that we sell are previously owned items of furniture. Inherently, therefore, the items will differ in condition from those bought new. However, we provide an overall grading of the condition of the product, which will be one of the following:
5.2.1. Excellent: this means the item shows very little age and no visible signs of having been in use;
5.2.2. Very good: the item is in a presentable state given its age. It may show some minor scuffs, and some wear and tear, but it is otherwise well kept;
5.2.3. Fair: the item shows wear and tear consistent with the age and type of piece. This kind of wear and tear may include some fading, scuffing and staining, but the item is in no worse condition than should be expected of a designer piece that has been frequently used but reasonably cared for;
5.2.4. Poor: the item is either badly scratched or damaged, to the extent that this affects its value even bearing in mind that it is a vintage piece. However, unless we clarify otherwise, it is still functionally usable.
5.3. Detailed description of condition. In addition to the general grading, we will give a reasonable description of the condition, drawing attention to any specific imperfections and any remedial work that we have done to restore the item. We will generally also provide photographic evidence of imperfections that we believe you should be aware of before you make up your mind to place an order.
5.4. Products may vary slightly from their pictures. We take pride in our photography, and we aim for accuracy. However, websites and the devices on which they are viewed are capable of distorting images. In particular, although we make every effort to display colours accurately, we cannot guarantee that a particular device will display colours in a way that accurately reflects the true colour of the product.
5.5. Making sure your measurements are accurate. Please bear in mind the need for accuracy on your part when deciding whether an item will fit in a certain space.
6. changing your order
6.1. If you wish to make a change to your order prior to our acceptance, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any alteration to the price, the timing of supply and anything else that would be relevant.
6.2. If we cannot make the change, or if the consequences of making the change are unacceptable to you, you may want to cancel (see below for your rights).
7.1. We may change a product following your order to reflect changes in the law, for example in relation to health and safety matters.
7.2. We may change these terms and conditions from time to time, subject always to the preservation of your legal rights. Any such changes will have effect from the next time you make an order and accept these terms and conditions.
8.1. Delivery costs. The costs of delivery will be as displayed to you on our website. They will vary depending on the timing of delivery and the size and weight of the product.
8.2. When we will provide the products. We will deliver to you as soon as practicable, generally within 30 days of the day after we accept your order. However, in some circumstances – for example, where you order customised goods – it may take longer, and we will keep you informed.
8.3. We are not responsible for delays outside our control. If our supply of products is delayed by an event outside our control, we will contact you as soon as possible to let you know, and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8.4. Collection by you. If we agree to allow you collect an item directly from us, you must do so during our available hours, which we will communicate to you in advance.
8.5. If you are not at home when an item is delivered. If no one is available at your address to take delivery, you may still be charged for delivery, and our delivery partner will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. We may charge you for storage costs if you do not rearrange delivery or collection. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract and clause 10.2 will apply.
8.6. When you become responsible for the item. An item will be your responsibility from the time we deliver it to the address you gave us or when you (or a carrier organised by you) collect it from us.
8.7. When you own the item. You own a product once we have received payment in full.
8.8. Providing us with information. We may need certain information from you so that we can supply an item, for example in relation to your premises. If you do not give us this information within a reasonable time of our asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for late or non-supply if this is caused by you not giving us the information we need.
8.9. We may suspend supply if you do not pay. If you do not pay us for an item when required, we may suspend supply. We will contact you to tell you we are suspending supply of the products.
Second Life Guarantee
8.10 Our Second Life Guarantee. Please note, these terms reflect the second life guarantee offered by REHAUS Limited of 4th Floor, 100 Fenchurch Street, London EC3M 5JD to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This second life guarantee does not affect your legal rights in relation to faulty or misdescribed products (see Clause 9.2).
8.10.1 Our buyer’s Second Life Guarantee is applicable once you purchase your product through Rehaus. If you ever decide you want to sell it on, we guarantee to accept it back onto our ecommerce platform so that we can advertise it on our website and through our associated online outlets for you. We will collect, photograph and sell it on your behalf. Our services will consist of collection, photography, cleaning, restoration, listing, marketing, storage and delivery, and ensuring your products are stored safely whilst presented online to sell. The price of this will be estimated at the point of resale and will be based on the initial purchase price paid, subsequent wear and tear and current market demand. Further details on this service can be found in the ‘sell an item’ section of our website, and the relevant terms and conditions can be sent to anyone interested in finding out more information about the process.
8.10.2 What does the Second Life Guarantee include? The Second Life Guarantee includes all products that are items of furniture purchased from Rehaus. The original purchase price paid to us for the product must have been £750 or more. Please note that we only collect items from properties inside the M25. It isn’t cost-effective for us to collect items from further afield so any collections outside this area will be agreed to and made at the discretion of Rehaus. If you are able to deliver to us, we may be able to accept an item, but we would have to discuss this with you first.
8.10.3 What does the Second Life Guarantee exclude? The Second Life Guarantee excludes items that have: undergone excessive damage beyond their original condition, removed fire labels (if there was one), been reupholstered, ; a location outside the M25; been in a house with pets or people who smoke; and if the original purchase price paid to us was less than £750.
8.10.4 How long is the Second Life Guarantee for? The Second Life Guarantee lasts for 25 years from the date of purchase.
9. Cancellation rights
Note: your rights will differ depending on whether you are ordering as a consumer or in the in the course of a business.
9.1. Summary. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
9.2. Faulty goods. You may be able to cancel in relation to faulty or misdescribed goods, or we may have a right to arrange a repair or replacement of goods or a repeat performance of services.
9.3. Cancellation of goods prior to delivery. You may cancel a contract for any goods immediately if any of the following apply, in which case we will we refund you in full for goods not delivered that have been cancelled:
9.3.1. we have understated the price of the goods or made a material error in description, and you do not wish to proceed;
9.3.2. delivery is significantly delayed because of events outside our control;
9.3.3. we have suspended supply of the goods for a period of more than ninety days; or
9.3.4. you have a legal right to end the contract because of something we have done wrong.
9.4. 14-day cancellation of goods under the Consumer Contracts Regulations 2013. For items ordered online, you have a legal right to change your mind and to receive a refund at any time from the point at which you place your order and until 14 days after taking ownership of the goods in question. However, there are limits on this, including the following situations and items, for which the 14-day right does not exist:
9.4.1. on-premises contracts;
9.4.2. contracts for bespoke (including personalised and one-off) goods; and
9.4.3. goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
Please note that, in relation to goods that can be configured in different ways, such as a modular sofa, if we have commissioned a custom-sized crate for delivery, this element of the goods will be considered bespoke, and while we would accept cancellation, we reserve the right to make a reasonable charge to cover the costs of the bespoke crate, which we will confirm to you at the time of cancellation.
9.5. Letting us know about cancellation. Feel free to let us know in any reasonable way by phone, email or post. Let us know what you are cancelling. We have set out at Schedule 1 a template form that we are required by law to give you, but you are not obliged to use it: we will accept any clear method.
9.6. How we will refund you. If you are entitled to cancel and you do so, we will refund you the price you paid by the method you used for payment. However, we may make deductions from the price to equate to a reduction in the value of the item caused by your improper handling or failure to take adequate care.
9.7. Delivery and return costs. Where you are entitled to cancel following delivery, we will refund a standard delivery charge and will arrange a return with you. You are responsible for the safekeeping of an item while it is at your risk. Where you exercise your 14-day right to cancel, you will pay the standard cost of returning the item.
CANCELLATION RIGHTS FOR BUSINESSES
9.8. If YOU ARE ORDERING AS A BUSINESS CUSTOMER, RATHER THAN AS A CONSUMER, THE 14-DAY RIGHT UNDER CLAUSE 9.4 (AND ALL OTHER REFERENCES TO IT OR TO THE CANCELLATION FORM) DOES NOT APPLY TO YOU. IN ALL OTHER RESPECTS CLAUSE 9 SHALL APPLY.
10.1. We may end the agreement if you break it. We may end the contract, in whole or in part, at any time by writing to you if:
10.1.1. you do not make payment to us by the reasonable timescales that we set, save that we will usually give you one reminder for payment and a short further period to make payment;
10.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods;
10.1.3. you do not, within a reasonable time, allow us to deliver goods or do not collect them from us;
10.1.4. you do not, within a reasonable time, allow us access to your premises to supply the goods; or
10.1.5. you breach any law and we do not consider ourselves able to continue.
10.2. Compensation if we break the agreement. If we end the contract, in whole or in part, in the situations set out in clause 10.1, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breach of the contract. In the cases of bespoke or otherwise personalised goods, this is likely to include 100% of the value of the goods.
11.1. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Those products must be as described, fit for purpose and of satisfactory quality, taking into account their age and the description of them that we supply.
11.2. Vintage materials and practices. You acknowledge that manufacturing practices change over time, and that vintage pieces may not have been made using techniques that are still employed today. We always strive to ensure that items do not contain dangerous substances, and we never knowingly sell anything that is not compliant with the law. If you have concerns about an item, please contact us and we will investigate your concern.
12. prices and payment
12.1. The price for the product. The price of the product will be the price indicated when you place your order. We use the UK Government’s Margin Scheme for Second-Hand Goods (https://www.gov.uk/vat-margin-schemes). If you are purchasing for business use, rather than as a consumer, and you require a VAT invoice, please contact us for a quote since the price will be subject to change.
12.2. What happens if we got the price wrong? It is always possible that, despite our best efforts, a product may be incorrectly priced. If so, we will correct the error as soon as we become aware of it and will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error was obvious and could reasonably have been recognised by you as such, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.3. When and how you must pay. We accept payment with the cards listed when you place the order. You must pay for the item before we send it, unless you are a business customer and we have agreed to charge by invoice.
13.1. We do not exclude or limit liability unlawfully. This includes liability in the unlikely event of death or personal injury caused by our negligence, and liability for fraud.
13.2. We are not liable for business losses. Whether you are a consumer or a business, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
LIABILITY TO CONSUMERS
13.3. We are responsible to you for foreseeable loss and damage caused by us. If we breach this agreement, or fail to use reasonable skill and care, we are responsible for loss or damage that you suffer as a foreseeable result, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time our agreement was made, you and we both knew it might happen – for example, if you highlighted it to us in advance.
LIABILITY TO BUSINESSES
13.4. Save where limitation is prohibited by law, (i) our liability is limited to the actual cost of goods that you ordered from us and have paid for in the twelve months preceding the date on which liability was incurred, and (ii) we have no liability to you for indirect or consequential loss.
15. OTHER IMPORTANT TERMS
15.1. Transferring this agreement. We may use subcontractors to perform services, and we may transfer our rights and obligations under this agreement to another organisation if we sell our business during the term of this agreement. Otherwise, neither you nor we may transfer our rights or obligations without the written consent of the other party.
15.2. This agreement is between you and us. No other person shall have any rights to enforce any of its terms. The Contracts (Rights of Third Parties) Act 1999 is excluded to enable this.
15.3. If a court finds part of this agreement unlawful, the rest will continue in force. Each clause operates separately. If any court or relevant authority decides that any clause is unlawful, the remaining clauses will remain in full force and effect.
15.4. Delays by you. If we do not insist immediately that you do anything you are required to do, or if we delay in taking steps against you in respect of your breaking this agreement, it does not release you from the breach, and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you, we can still require you to make the payment at a later date.15.5. Applicable laws. This agreement is governed by English law and subject to the jurisdiction of the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts, and if you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.
- Model Cancellation Form – Consumers Only
REHAUS FURNITURE LIMITED
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate