VANIL Ltd: Terms and Conditions of trading, includes Deliveries and Returns policy
This website is owned and managed by Mandy Leeson of Vanil. Your use of this website and any purchase by you on this website of Scandinavian inspired design will be governed by English Law and will be deemed to have occurred in the United Kingdom.
The Services are operated by Vanil Ltd, registered in England and Wales under company number 05730150 and with our Registered Office address at 17 Church Street, Woodbridge, Suffolk IP12 1DS. Our VAT number is GB120609550
By placing an order with the VANIL Ltd, it is deemed that you agree to the following terms and conditions.
1. Definitions
“Seller” means VANIL Ltd, whose registered address is 17 Church Street, Woodbridge, Suffolk, IP12 1DS
“Buyer” means the person or company who accepts the seller’s quotation for the sale of goods or whose order for the goods is accepted by the seller;
“Goods” means the goods (including any instalment of the goods or any parts of them), which the seller is to supply in accordance with these terms;
“Order” means the buyer’s acceptance of the sellers quotation for the goods or the order placed by the buyer for the goods whether by means of individual quotation, any published seller’s catalogue or website;
“Terms” means the standard terms of sale set out in this document and includes any special terms agreed in writing between the seller and the buyer;
These terms govern the sale of the goods sold by VANIL Ltd to the buyer named on the order provided on the VANIL website (vanil.co.uk), quotation or other order form via fax, by post or in person at the shop’s premises where the goods are supplied as a result of the buyer’s acceptance of the quotation. The completed order form, together with the terms constitute the entire and only agreement between the parties in relation to the sale of goods and comprises a legally binding contract between the parties.
2. Pricing and Payment
2.1 Where the buyer places an order on the VANIL website, the price payable for the goods will be detailed on the website at the time the seller accepts the order.
2.2 Payment can be made by debit card, credit card or through PayPal on VANIL website (all data is securely encrypted) or via telephone. Cheques will also be accepted but goods will not be released until all funds are cleared. On credit card / debit card payment taken in person, the data is entered in to a third party screen and therefore no credit card or debit card details are held by VANIL Ltd. PayPal payments are made via third party PayPal software. VANIL Ltd does not have detailed access to the buyers PayPal account and therefore the VANIL Ltd will deliver to any address entered on the VANIL Ltd website and not any address held by PayPal. VANIL Ltd cannot be held liable for any losses where the address detailed on the VANIL website is not the required delivery address.
2.3 VANIL Ltd generally sells to the public and therefore all our prices are gross and include VAT. VAT at the current rate (currently 20%) will already be included on goods advertised for sale on our website or in our shop. If you need an invoice including VAT payment, please state this at time of ordering.
2.4 All prices quoted exclude delivery charges, which are detailed in Section 3. below and any insurance required unless otherwise agreed in writing between parties.
2.5 The buyer may place an order following a written or verbal quotation from VANIL Ltd and the prices of the goods will be detailed in the said quotation.
2.6 If the buyer accepts the seller’s quotation, then the prices contained therein are only valid for 14 days from the date of quotation. If the buyer wishes to order the goods stated in the quotation after this period then a new quotation should be obtained prior to placing an order.
2.7 VANIL Ltd must receive payment for the total price of the goods and any applicable charges for VAT, carriage and insurance, before the order can be delivered unless otherwise agreed in writing.
2.8 VANIL Ltd does not offer credit accounts, but in the event that goods are invoiced, the buyer shall pay all sums due to VANIL Ltd within 30 days of the date of invoice. If the buyer fails to make payment in full on the due date then without prejudice to any other right or remedy, VANIL Ltd shall be entitled to cancel the contract and / or suspend any further deliveries, and / or charge the buyer interest on the amount unpaid at the rate of 5% per annum above the Bank of England Minimum Lending Rate from the date of payment due, with interest accruing on a daily basis.
2.9 Where palletised deliveries are required for larger orders or if necessary, pallets may be charged extra.
2.10 VANIL Ltd reserve the right to investigate that a payment is bona fide prior to shipping.
2.11 VANIL Ltd reserves the right to change prices without prior warning. If a pricing error occurs, the VANIL Ltd will notify the buyer and the buyer will be given the option to either reconfirm the order at the correct price or cancel it.
3. Delivery and title
3.1 All delivery times quoted are estimates only and VANIL Ltd shall not be liable for any delay in delivery of the goods howsoever caused. This includes any consequential losses. Therefore please allow ample time for any unforeseen delays. VANIL Ltd rely on third party delivery companies such as Royal Mail, and on occasion, other courier companies and as such VANIL Ltd cannot be held liable for any failings on their part.
3.2 VANIL Ltd may decline to deliver if VANIL Ltd believe that it would be unsafe, unlawful or unreasonably difficult to do so, or the premises (or access to them) are unsuitable for any VANIL Ltd vehicles or those vehicles of agents employed by us to carry out delivery.
3.3 Delivery of the goods shall be made by VANIL Ltd (or through an authorised agent) to the address of the buyer as stipulated on the order, or by the buyer collecting the goods at the VANIL Ltd shop premises at any time after VANIL Ltd has notified the buyer that the goods are ready for collection.
3.4 If the buyer fails to take delivery of the goods then without limiting any other right or remedy available to the seller, VANIL Ltd may store the goods until actual delivery and charge the buyer for reasonable costs (including insurance) of storage.
3.5 For the majority of our products, goods will be despatched on a Standard Royal Mail Parcel Service – 2 – 5 Working Days. Using this service, VANIL Ltd will endeavour to dispatch goods that are in stock as soon as possible, however if you are in a rush to receive your order please do not hesitate to give us a call. Should you need to leave any delivery instructions please do so at the checkout process in the ‘Delivery Instructions’ field. The courier company will normally attempt delivery twice before returning the goods to us. There will then be an additional charge to resend the items or we will refund the cost of the goods only. Our courier company is unable to deliver to BFPO addresses. When ordering, please ensure you put a company name where applicable. The courier company goes on company names more than building numbers, especially if you are located in a building with lots of companies. Where items are sent by Tracked courier these are sent by courier service and we are given a tracking number. Whilst every step is taken both by us and our courier service to ensure express delivery, this service is not guaranteed. VANIL Ltd cannot be held liable for any consequential losses incurred, where deliveries are delayed or the incorrect items are sent. Delivery charges are calculated as follows for UK Mainland (excludes Channel Islands, Northern Ireland, Isle of Man, Isle of Wight, Isle of Scilly and Scottish Islands and Highlands). Channel Islands, Northern Ireland, Isle of Man, Isle of Wight, Isle of Scilly and Scottish Islands and Highlands carry a surcharge on the courier service. Unfortunately at the present time, delivery to addresses outside the UK are not possible, but we hope to be able to add this service soon.
If you have any questions regarding delivery options, please email your order details to us at orders@vanil.co.uk. We will then come back to you with a postal cost as soon as possible. Once an order has been made with the VANIL Ltd, no changes can be made after 3pm.
VANIL Ltd uses Royal Mail services for smaller parcels where the weight is within the Royal Mail limits detailed below. The service used is Royal Mail tracked. A signature is therefore not always required and delivery times are between 2 – 5 working days. Where a signature is required and no one is available to sign, a Royal Mail card will be left detailing actions for a re-scheduled delivery.
3.6 Risk of damage to or loss of the goods shall pass to the buyer:
a) In the case of goods to be delivered at the buyers premises, at the time of delivery or, if the buyer wrongfully fails to take delivery of the goods, the time when VANIL Ltd has tendered delivery of the goods;
b) In the case of goods being collected from the premises of VANIL Ltd shop, at the time when goods have been removed from our shop premises at 17 Church Street, Woodbridge.
3.7 Notwithstanding delivery and the passing of risk in the goods, or any other provision of these terms, the property in the goods shall not pass to the buyer until VANIL Ltd has received payment in full of the price of the goods together with any charges in respect of VAT, carriage and insurance.
3.8 Until such time as the property in the goods passes to the buyer, VANIL Ltd may at any time require the buyer to deliver up the goods to the seller, and if the buyer fails to do so forthwith, enter on any premises of the buyer or any third party where the goods are stored and repossess the goods.
3.9 Goods sold on the website are sold in good faith and whilst every reasonable step is taken to ensure the correct picking and delivery of goods, errors do occur. VANIL Ltd cannot accept the cost and liability of any consequential losses as a result of the delivery of incorrect products, damaged or faulty goods or failure to deliver to a specific deadline.
3.10 Where the contract provides for the delivery of goods by instalments, each instalment shall be deemed to be the subject of a separate contract and non-delivery or delay in delivery of any one or more instalments shall not affect the balance of the contract or entitle the buyer to cancel the same.
3.11 It is the buyer’s responsibility to assist in the unloading of the goods from the vehicle making delivery. If the seller’s driver is obliged to unload the goods without assistance, the sellers reserve the right to charge a reasonable sum for such service.
3.12 If the buyer opts out of signed-for delivery, neither VANIL Ltd nor their carriers will be responsible for any loss.
4. Availability
VANIL Ltd will endeavour to hold sufficient stock to meet all orders, however if there is insufficient stock to supply or deliver the goods already paid for by the buyer, VANIL Ltd shall, at its discretion, supply or deliver a substituted product, or refund to the buyer the price paid for the goods as soon as possible and in any event within 30 days. VANIL Ltd will notify the buyer of any stock shortages and where possible, the seller will be given the option to request a backorder and VANIL Ltd will provide the buyer with approximate timescales of backorder delivery.
5. Return of goods
5.1 The buyer shall be entitled to cancel the order for standard and stock products by giving VANIL Ltd notice of cancellation within 7 days of the date of collection or delivery. Such notice may be given by in writing by post or by emailing us to the address set out on the order form.
5.2 On cancellation the buyer shall return the goods to VANIL Ltd at his / her own cost unless the goods are being returned because they are faulty, incorrect goods, or because of unsuitable substitution by VANIL Ltd, in which case VANIL Ltd will meet the cost of return subject to being able to nominate the carrier.
5.3 Where the buyer returns goods to VANIL Ltd for reasons other than such goods being defective or faulty, VANIL Ltd reserves the right to charge the buyer a fee in respect of restocking the said goods.
5.5 The buyer is required to ensure that any goods being returned to the seller are safely and securely packaged in their original packaging and condition, to ensure that they are returned undamaged and suitable for re-sale. VANIL Ltd reserves the right to charge the buyer for any goods which it is unable to re-sell.
6. Liability
6.1 A claim by the buyer which is based on any defect in the quality, quantity or condition of the goods shall be notified to VANIL Ltd in writing, within 7 days of the delivery of the defect or failure. If delivery is not refused and the buyer does not notify VANIL Ltd accordingly, the buyer shall have no right to reject the goods and VANIL Ltd shall have no liability for such defect or failure, and the buyer shall be bound to pay the price as if the goods had been delivered in accordance with the contract.
6.2 Where the buyer does notify VANIL Ltd that there is a valid claim in respect of any of the goods, VANIL Ltd may replace or repair the goods or at its discretion refund to the buyer the price of the goods, in which case VANIL Ltd shall have no further liability to the buyer. The buyer will also allow VANIL Ltd a fair chance to inspect the goods for any damages or defects. VANIL Ltd shall not be liable to the buyer for any loss or damage arising out of any problem in relation to the goods and shall have no liability to pay any money to the buyer by way of compensation other than any refund made under these terms. This does not affect the buyer’s statutory rights as a consumer, nor is it intended to exclude VANIL Ltd’s liability to the buyer.
6.3 VANIL Ltd shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, external force, damage caused by the buyer or any other party, or damage caused by the incorrect installation, use, modification, storage or repair of the goods.
6.4 Subject to clause 6.3 above VANIL Ltd warrants that the goods will be free from defects in material and workmanship for a period of 6 months from the date of delivery unless otherwise stated in writing.
7. Force Majeure
VANIL Ltd shall have no liability to the buyer for any failure or delay in supply or delivery or for any damage or defect to the goods supplied or delivered hereunder that is caused by any event or circumstance beyond the reasonable control of VANIL Ltd (including without limitation, strikes, lockouts, acts of god, accidents, explosion, transport delays and difficulty in obtaining supplies.) Where any such incident occurs VANIL Ltd may cancel or suspend any obligations to the buyer without liability.
8. General
8.1 English law is applicable to any contract made under these terms. The English and Welsh courts have nonexclusive jurisdiction.
8.2 If any of these terms are unenforceable as drafted, it will not affect the enforceability of any of the other terms and if it would be enforceable as amended, it will be treated as so amended.
8.3 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
8.4 All catalogues, brochures and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between VANIL Ltd and the buyer and the buyer should not rely on them in entering any contract with VANIL Ltd.
8.6 VANIL Ltd has not reviewed all sites linked to its Internet site and is not responsible for any contents of any such linked site. The inclusion of any link does not reflect any endorsement by VANIL Ltd of the site. Use of any such linked web site as at the users own risk.
8.7 The materials appearing on VANIL Ltd’s website could include technical, typographical or photographic errors. VANIL Ltd does not warrant that any of the materials included in the web site and associated literature including catalogues and brochures are accurate, complete or current. VANIL Ltd may make changes to the materials contained on its web site at any time without notice.
8.8 The colours of products shown on the VANIL Ltd web site are for illustrative purposes only and are accurate in terms of photography, but may vary depending on the type and resolution of the screen used for ordering. VANIL Ltd cannot accept any liability for differences in product colours. Product colours may also vary from batch to batch and therefore the buyer may not reject or make any claim in respect of ink colours where the goods are of the same general shade and density of colour.
9. Order Acceptance
From time to time, we may reject an order for the following reasons:
a. If, unfortunately, we do not have your chosen product in stock
b. Where we cannot obtain authorisation for your payment
c. If there has been a relevant pricing or product description error
d. If your order otherwise breaches any of the requirements of these Terms & Conditions
e. We suspect that the order has been placed fraudulently
f. It appears that the order mistakenly duplicates another order
g. If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.
h. Note that we may bar or prevent an individual account, user, email address or other identifier from making purchases or otherwise interacting with us where we reasonably suspect an association with fraud or other infringements of the law.
Privacy
VANIL Ltd does not disclose buyer’s information to any third parties other than when the order details are processed as part of the order fulfilment. In this case the third party will not disclose any information to any other third party.
Cookies are used on the VANIL Ltd web site where they are strictly necessary for the site functionality. They are used to aid navigation and to keep the contents of any shopping cart. Where a buyer logs in, the log in status is kept as a temporary cookie. Cookies can be turned off by blocking them in the browser privacy settings. If cookies are turned off it will not be possible to place orders on the website or benefit from other features that use them.
For our full Privacy Policy, please see our Cookie & Privacy Policy page.
Copyright
This website and all its contents are copyright protected. Any infringement will be pursued.
Damages
If goods arrive damaged, we will arrange a collection of the goods. When they arrive into us, they will be inspected for the damages, and decided on replacements sent (if applicable).
If you do not agree to these Terms, you should not use this website.