Terms and Conditions
DISCLAIMER AND GENERAL TERMS AND CONDITIONS FOR THE USE OF THE AIDAN MCEVOY Ltd (AIDAN MCEVOY FINE FURNITURE) WEB SITE
1.1. Aidan McEvoy Ltd - References in these General Terms and Conditions, and in the Terms and Conditions of Furniture Making Courses, and Terms and Conditions of Commissioned Item Sale, and the Terms and Conditions of Online Shop Sale to as “Aidan McEvoy Fine Furniture”, “we”, “us” mean Aidan McEvoy Ltd.
1.2. Web Site - is the web site of Aidan McEvoy Fine Furniture, including Blog and Online Shop.
1.3. Conditions - Means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.4. Users - anyone who uses the Web Site in any way, including browsing.
2. Conditions Applicable
2.1 Everything on this Web Site is subject to these General Terms and Conditions.
2.2. By using the Web Site in any way, including browsing, the users is treated as accepting these Terms and Conditions.
2.3. All contracts for courses are governed by the Terms and Conditions of Furniture Making Courses as well as these General Terms and Conditions.
2.4. All contracts for purchase of bespoke goods are governed by the Terms and Conditions of Commissioned Item Sale as well as these General Terms and Conditions.
2.5. All contracts for purchase of goods via the Online Shop are governed by the Terms and Conditions of Online Shop Sale as well as these General Terms and Conditions.
2.6. Should anything not be explained in these General Terms and Conditions, it will be addressed in the Terms and Conditions of Courses, and the Terms and Conditions of Commissioned Item Sale, and the Terms and Conditions of Online Shop Sale (as appropriate).
2.7. In the event of any conflict between such terms and these General Terms and Conditions, the Terms and Conditions of Furniture Making Courses, and the Terms and Conditions of Commissioned Item Sale, and the Terms and Conditions of Online Shop Sale (as appropriate) shall apply.
3. Web Site Update
3.1. The Web Site was last updated in April 2014.
4. Intellectual Property Rights
4.1. All copyright, database rights, trade marks and other intellectual property rights in any and all aspects of the Web Site including but not limited to photographs, text, graphics, design, other images, sound and their selection and arrangement, all software (including but not limited to applets, compilations and source code) and all other material on the Web Site are owned by Aidan McEvoy Fine Furniture and its affiliates, or
4.2. have been licensed to Aidan McEvoy Fine Furniture or its affiliates by their content and technology providers or other rights holders so that Aidan McEvoy Fine Furniture or its affiliates can use such material as part of their Web Site.
4.3. Users are only allowed to use the Web Site and the material contained in the Web Site as set out below. If users wish to do anything else with any of the material, written permission of Aidan McEvoy Fine Furniture or the owner of the rights in that material must be obtained.
5. What Users Are Allowed To Do
5.1. Users may access any part of the Web Site.
5.2. Users may electronically copy and print in hard copy any individual page for their own personal use for the purposes of placing an order with Aidan McEvoy Fine Furniture, or booking a course, as long as users do not do any of the things set out under paragraph six.
6. What Users Are Not Allowed To Do
6.1. Users are not allowed to copy (including but not limited to printing off onto paper, storing on disk or storing in any other way), distribute (including distribution of copies), reproduce, alter, modify, tamper with in any way or otherwise use any material contained in the Web Site except as set out under paragraph 5, or with prior written permission of Aidan McEvoy Fine Furniture.
6.2. Users are not allowed to copy or use any material appearing on the Web Site for any commercial purpose at all.
6.3. Users are not allowed to copy or otherwise use any copyright, trade mark or other intellectual property notices (whether belonging to Aidan McEvoy Fine Furniture or its affiliates or licensed to Aidan McEvoy Fine Furniture or its affiliates by their third party rights owners, for use on the Web Site) except as specifically permitted in these General Terms and Conditions, without the written permission of the owner of that trade mark.
6.4. Users are not allowed to remove any such copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the Web Site.
7. Governing Law and Contract Formation
7.1. Users may submit orders to Aidan McEvoy Fine Furniture via the Web Site’s Online Shop. Note paragraph 7.3.
7.1. Users may book a course at Aidan McEvoy Fine Furniture via the Web Site. Note paragraph 7.3.
7.2. Users may order bespoke goods via telephone, email, or in person to Aidan McEvoy Fine Furniture. Note paragraph 7.3.
7.3. No contract will subsist between the user and Aidan McEvoy Fine Furniture for the sale of goods (bespoke goods or good from the Online Shop, or booking of courses unless and until Aidan McEvoy Fine Furniture confirms, by email or telephone, the particulars of the order and/or booking of course(s). That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to the user when confirmation is end to the email provided by the user, or phone call to the user’s number provided by the user.
7.4. Acceptance by Aidan McEvoy Fine Furniture does not preclude its right to cancel an order in the event that it finds it is unable to fulfil the contract and is subject to the cooling off period and cancellation terms explained in the Terms and Conditions of Courses and the Terms and Conditions of Commissioned Item Sale and the Terms and Conditions of Online Shop Sale.
7.5. Information displayed on the Web Site relating to pricing and availability is subject to change by Aidan McEvoy Fine Furniture. Any changes will be made visible, which can take up to 24 hours to upload. The pricing which will apply to the order will be that displayed on the Web Site on the day users make the order.
7.6. For the avoidance of doubt, any contract for the sale of bespoke goods or of goods from the Online Shop, or booking of any product and service from the Web Site, via telephone, email or in person will be deemed to have been concluded in the United Kingdom.
7.7. Any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England, and the user and Aidan McEvoy Fine Furniture irrevocably submit to the exclusive jurisdiction of the English Courts.
8. Disclaimer of the Web Site
8.1. The information in this Web Site is provided free of charge and on an "as is" basis. 8.2. Except for any liability in respect of fraudulent misrepresentation, Aidan McEvoy Fine Furniture is not liable for any action users may take as a result of relying on any information provided in this Web Site or for any loss or damage suffered by users and their relatives as a result of users taking this action.
8.3. Aidan McEvoy Fine Furniture uses reasonable efforts to make sure that all material and information contained on the Web Site is correct but, subject to the above statement about fraudulent misrepresentation:
8.3.1. Aidan McEvoy Fine Furniture does not accept any liability for any error in the material or information, in the case of (a) force majeure, (b) the customer failed to care for the product in an appropriate manner and according to the Care Instructions on this Web Site, (c) materials were supplied from third parties.
8.3.2. All material and information contained on the Web Site is only provided for the purpose of providing information about Aidan McEvoy Fine Furniture and the products and services it supplies;
8.3.3. The Web Site includes links to external web sites. Aidan McEvoy Fine Furniture is neither responsible nor liable for the content of these web sites.
9. Changes to terms and conditions
9.1. Aidan McEvoy Fine Furniture reserves the right to make any changes to these General Terms and Conditions, the Terms and Conditions of Courses, the Terms and Conditions of Commissioned Item Sale, or the Terms and Conditions of Online Shop Sale.
9.2. By browsing the Web Site users are accepting that they are bound by the then current General Terms and Conditions and if users choose to buy or book goods or services, by the Terms and Conditions of Courses and the Terms and Conditions of Commissioned Item Sale and the Terms and Conditions of Online Shop Sale, as applicable.
9.3. Users should therefore check The Terms and Conditions as named in paragraph 9.1. and 9.2. each time users revisit the Web Site.
9.4. Variations to these General Terms and Conditions, the Terms and Conditions of Courses, the Terms and Conditions of CommissionedItem Sale, or the Terms and Conditions of Online Shop Sale, whether in relation to any Booking Contract, Sale Contract or otherwise, shall only be effective if posted on this Web Site in accordance with the above paragraph or where specifically accepted and agreed by us in writing.
Our company address (not Workshop address) is:
Aidan McEvoy Ltd
School House, Wimble Hill,
Mobile: 07811 262360
1.1. Buyer - Means the person who buys or agrees to buy the goods from the Seller.
1.2. Conditions - Means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3. Delivery Date - Means the date specified by the Seller when the goods are to be delivered.
1.4. Installation Date - Means the date by which installation of the goods shall be started by the Seller.
1.5. Goods - Means the commissioned and bespoke items and services which the Buyer agrees to buy from the Seller.
1.6. Price - Means the price for goods excluding VAT.
1.7. Seller - Means Aidan McEvoy Ltd, in the following also referred to as “Aidan McEvoy Fine Furniture”, “us”, or “we”.
1.8. Site Survey - Means the visit following the completion of sale paperwork by a Project Manager.
2. Conditions Applicable
2.1. These Conditions shall apply for any sale of commissioned Goods by AM Fine Furniture.
2.2. In addition to these Terms and Conditions of Commissioned Item Sale the General Terms and Conditions apply.
2.3. With the exemption of paragraph 2.1. and 2.2., any other terms and conditions are excluded, including any terms and conditions which the Buyer wants to apply or insert under any purchase order confirmation, or similar document.
2.4. By entering into a buying contract with AM Fine Furniture, the Buyer agrees to these Terms and Conditions, as well as the General Terms and Conditions.
2.5. Any variation to these Conditions (including any special terms and conditions between the parties) shall be inapplicable unless agreed in writing by AM Fine Furniture.
3. Price and Payment
3.1. The Price shall be the price set out in the written quotation. The Price is exclusive of VAT.
3.2. A detailed payment schedule will be given to the Buyer prior to entering into a sales contract.
3.3. Normally, the payment schedule will be as follows:
3.3.1. A deposit of up to 60% (depending on individual projects) will secure a project. The deposit is to be paid by the Buyer in a time which is indicated on each individual invoices.
3.3.2. The deposit is non-refundable.
3.3.3. A further payment of up to 40% will be due during the making process.
3.3.4. The final payment is due prior to delivery.
3.4. All payments shall be made via bank transfer or cheque, according to each individual invoice.
3.5. If the Buyer fails to make any payment on the due date then, without prejudice to AM Fine Furniture's right to retain all deposits already paid, AM Fine Furniture shall also be entitled to rescind the contract or suspend any deliveries to the Buyer.
3.6. If the buyer fails to make payment when due or overdue according to each individual invoice, interest shall be charged at the rate of 2% above Barclay's Bank Plc's Base Rate for each day, beginning with the day payment becomes due until the day payment has been received in full. It shall accrue at this rate after as well as before any judgement.
4. The Goods and Samples
4.1. The quantity and description of the Goods shall be set out in AM Fine Furniture's written quotation.
4.2. The Goods shall be manufactured and supplied in accordance with the description contained in the AM Fine Furniture's written quotation.
4.3. AM Fine Furniture may from time to time make changes to the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.
4.4. AM Fine Furniture shall not permit any alteration or variation to the quotation unless such alteration has been authorised in writing.
4.5. The Design work remains the property of AM Fine Furniture and shall not be used or forwarded to any third party, unless authorisation has been provided by the AM Fine Furniture in writing.
4.6. Wood samples that are produced and shown are examples of wood, colour and grain. As wood is a natural product, these may vary.
4.6.1 Wood samples remain the property of the Seller.
5. Warranties and Liabilities
5.1. With the exceptions as set out below, all conditions, warranties or guarantees relating to fitness of purpose, merchantability or condition of the Goods (whether express or implied by statute or common law) are hereby excluded.
5.2. Warranty is not valid until full and final payment has been received.
5.3. Warranty does not include serviceable items (for example, door and drawer adjustment, lamp change).
5.4. Labour guarantee against faulty workmanship: Life-long guarantee. which is non transferable.
5.5. Subject to the conditions set out below AM Fine Furniture warrants that the Goods will correspond with the quotation at the time of delivery and will be free from defects in material and workmanship. The above life-long warranty is given by AM Fine Furniture and is subject to the following conditions;
5.5.1 The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment.
5.5.2 The above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit any such warranty or guarantee as given by the manufacturer to AM Fine Furniture.
5.5.3. The above life-long warranty is invalid if the buyer mis-treated the Goods, or did not care for the Goods in the appropriate manner, according to the Care Instructions, which are available on the Web Site.
5.5.4. If AM Fine Furniture has at the request of the Buyer entered into a contract ("the Sub-contract") with any other person, firm, or company specified by the Buyer to do the installation of the Goods, AM Fine Furniture hereby assigns to the Buyer all rights of action which AM Fine Furniture may have in respect of the said Sub-contract. In consideration of this, the Buyer hereby agrees that the Buyer will not at any time hereafter bring or take any action or proceedings or make any claims whatsoever against AM Fine Furniture in respect of any matter arising out of the Sub-contract.
5.5.5. AM Fine Furniture does not take any responsibility for fitting, if conducted by a third party.
5.5.6. AM Fine Furniture might carry out a ‘dry fit’ during installation. On occasion AM Fine Furniture is asked to supply service drawings to indicate position and specification for plumbing, electrics and ducting. The specification and positions for all items must be checked by the client and or the builder or Contractor. No responsibility will be accepted by the seller from any issues arising from this service plan.
5.6 GAS leak: the buyer has to contact British gas direct. Water leak: The seller shall organise repair.
5.7 Faulty appliances are subject to manufacturers warranty.
6. Delivery of Goods
6.1 Delivery of the Goods shall be made to the Buyer's address. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.2 If site conditions prove unsuitable, additional charges may be incurred.
6.3 AM Fine Furniture shall not be liable for any loss or damage whenever due to failure by AM Fine Furniture to deliver the Goods (or any of them) promptly or at all.
6.4 If the Buyer fails to take delivery of the Goods or fails to give AM Fine Furniture adequate delivery instructions at the time stated for delivery (excluding of any cause beyond the Buyer's reasonable control or by reason of the AM Fine Furniture’s fault), then without prejudice to any other right or remedy available to the Seller, AM Fine Furniture may:
6.4.1 Store the goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
6.4.2 Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
7. Acceptance of the Goods, Returns and Refunds
7.1. The Buyer shall be deemed to have accepted the Goods 24 hours after delivery to the Buyer, if no notice of defect has been made by the Buyer within those 24 hours; and from that moment on, the goods are not refundable.
7.2. After acceptance, the Buyer shall not be entitled to reject Goods which are not in accordance with the Contract.
7.4. All commissioned and bespoke manufactured Goods are not valid for a refund, unless they are faulty or not according to contract.
7.4. If Goods are found to be refundable according to paragraph 7.4., AM Fine Furniture will rectify the error, or, if agreed by AM Fine Furniture, a refund will be paid to the Buyer via bank transfer.
7.5. If Goods are found to be refundable according to paragraph 7.4., the goods will have to be returned to AM Fine Furniture, which will be arranged on an individual basis.
8.1. Measurement of all hand-made goods may very slightly vary from those stated. Due to the nature of wood, slight colour and grain variations between individual pieces of furniture might occur.
9 Cancellation / Suspension
9.1 If the Buyer is in default in making any payment due to AM Fine Furniture (whether under the same contract or otherwise), AM Fine Furniture may, without prejudice to any other available remedy, suspend further transfer or delivery of goods or performance of services for as long as the Buyer fails to pay, or cancel any outstanding order or the undelivered balance thereof, without any liability to the Buyer in respect of such suspension or cancellation. In such case, the Buyer shall indemnify the Seller against any loss, damage, liability or expense suffered or incurred by reason of such suspension or cancellation, including but not limited to inventory storage costs. Payment for such loss, damage, liability or expense shall be due within 5 calendar days of date of invoice for same.
9.2 The Buyer shall not be entitled to cancel any order once it is placed with AM Fine Furniture, or to require AM Fine Furniture to suspend or defer any delivery to the Buyer under any such order, except with the written consent of AM Fine Furniture.
10. Title and Responsibility
10.1 Responsibility of Goods shall pass at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when of Goods has rendered delivery of the Goods.
10.2 Regardless delivery and the passing of responsibility of the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until AM Fine Furniture has received payment in full of the price of the Goods and all other goods agreed to be sold by AM Fine Furniture to the Buyer for which payment is then due.
11. Remedies of the Buyer
11.1. Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect to the supply of such Goods or the failure by AM Fine Furniture to supply Goods to conform to the Contract of Sale.
11.2. Where the Buyer accepts or has been deemed to have accepted any Goods then AM Fine Furniture shall have no liability to the Buyer in respect of those Goods.
11.3. AM Fine Furniture shall not be liable to the Buyer for late delivery or short delivery of the Goods.
12. Insolvency or Change in Circumstances of Buyer
12.1. This clause applies if:
12.1.1. The Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or
12.1.2. an encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
12.1.3. the Buyer ceases, or threatens to cease, to carry on business; or
12.1.4. AM Fine Furniture reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly;
12.1.5 or in the case of a Buyer being a Limited Company, there is any change whatsoever in directorships or shareholdings in or control of the Buyer without the prior approval of AM Fine Furniture; or
12.1.6 there is any change whatsoever in the ownership of the Buyer, or the Buyer sells or otherwise disposes of any part of its business without the prior approval of AM Fine Furniture; or
12.1.7 the Buyer does any act or thing calculated or liable to bring the name of the Seller into disrepute.
12.2 If this clause applies then, without prejudice to any other right or remedy available to the Seller, AM Fine Furniture shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without liability to the Buyer.
13.1. To the best of the AM Fine Furniture's knowledge goods sold to the Buyer will not infringe any patent, trade mark, registered design or copyright of any third party but the AM Fine Furniture shall in no circumstance be liable to the Buyer in respect of any such infringement.
14.1. If AM Fine Furniture has been instructed to install the Goods, the cost of installation shall be set out in the Contract and shall be in accordance with the specification agreed at the date of the Contract.
14.2. AM Fine Furniture shall be under no liability whatsoever to the Buyer for any indirect loss and/or expense or inconvenience suffered by the Buyer arising out of any delay in completing the installation for whatever reason by the Installation Date.
15.1. Unless otherwise agreed in writing, the customer shall be bound to accept over-runs or under-runs not exceeding five per cent of the quantity ordered.
15.2. Unless otherwise agreed in writing, goods are sold to manufacturing tolerances customarily accepted in the trade.
16. Proper Law of Contract
This contract is subject to the law of England and Wales.
1.1. Products - means the goods purchased on the Online Shop of Aidan McEvoy Fine Furniture Web Site. These products are not bespoke. In the following referred to as “products”, “goods”, or “items”.
1.2. Seller - The party selling the goods: Aidan McEvoy Ltd, in the following also referred to as “Aidan McEvoy Fine Furniture”, “us”, “we”.
1.3. Supplier - The products will be supplied by Aidan McEvoy Ltd, in the following also referred to as “Aidan McEvoy Fine Furniture”, “us”, “we”.
1.4. Customer - The party buying the product(s). In the following also referred to as “user”.
1.5. Contracts - Contracts are formed between the buyer and seller, in accordance with the timing and procedure set out in the General Terms and Conditions.
1.6. Customised products - products, which are made to order on a bespoke basis, according to a customer’s individual wishes.
2. Conditions Applicable
2.1. These Terms and Conditions of Sale govern all products you enter into a contract to purchase on the Online Shop of Aidan McEvoy Fine Furniture Web Site
2.2. These terms are specific to Products but Contracts are also governed by the General Terms and Conditions.
2.3. Variations to these Terms and Conditions of Sale shall only be effective if posted on this Web Site or where specifically accepted and agreed by us in writing.
3. Description of Products
3.1. Every care has been taken to describe and portray Products on this Web Site and the Online Shop of this Web Site accurately using current technology, but since wood is a natural product, variations in actual goods may occur, such as wood grain and colour. This does not include design variations.
4.1. The prices of Products are stated on the Web Site’s Online Shop and are quoted exclusive of VAT, as we are currently no VAT registered.
4.3. The prices are subject to change, which will be displayed on the website as soon as it is available.
4.5. A product will always be charged for the price that was displayed at the moment of purchase.
5. Input of Incorrect Information
5.1. We cannot accept any liability for any failure to comply with the general Terms and Conditions, these Terms and Conditions of Online Shop Sale, or our Care Instruction (available on this Web Site), or for any incorrect information provided by the customer.
6. Stock and Delivery Dates
6.1. Due to the nature of handmade items, we cannot guarantee permanent or continuous availability of all Products.
6.2. Approximate dispatch times for all Products will be stated on the screens on the Online Shop on the Web Site, during the buying process.
6.3. Depending upon the method of dispatch chosen and the delivery address, delivery times of products will be stated on the screens on the Online Shop on the Web Site
6.4. We will only dispatch when all items of the order have become available in stock.
6.5. Non-stock items will be made and will therefore carry longer delivery times than stock items. They will be dispatched as soon as they are available.
7. Customised Products
7.1. Customised products are not available via the Online Shop of this Web Site.
7.2. Those products can be ordered by contacting Aidan McEvoy Fine Furniture directly, via email, telephone, or in person.
7.3. For those items, the Terms and Conditions of Customised Item Sales applies.
8. Delivery address
8.1 We will deliver Products to the address the customer supplies when ordering on the Web Site’s Online Shop.
8.2. We are not responsible for any delay in delivery caused by the unavailability of someone to take personal delivery of the Products.
8.3. It is the customer’s responsibility to contact the post office or relevant courier company as applicable to arrange the collection or delivery of Products that could not be delivered because the customer was unavailable.’
9. Delivery charges
9.1. Delivery charges vary by location and type and combination of Products ordered.
9.2. Delivery charges will be notified to the customer on the Web Site when an order is placed and confirmed to the customer in a confirmatory email.
10. Overseas orders
10.1. Unless individually agreed upon by Aidan McEvoy Fine Furniture, we currently to not deliver to addresses outside the UK.
10.2. Please note for all orders delivered outside the EU, Products are DDU (delivered duty unpaid). Any local charges incurred must be met by the recipient of the Products. Orders placed online are not subject to VAT Retail Export Scheme.
11. Cooling off period
11.1. After entering into a Contract we will send an email to the customer (on the email address supplied by the customer when ordering on the Web Site’s Online Shop), confirming details of the Products and the Contract.
11.2. Customers will then have a "cooling off" period during which they have a right to cancel the Contract without charge.
11.3. Customers may exercise that right by notifying us by email at firstname.lastname@example.org or by writing to us at the address shown in the General Terms and Conditions.
11.4. Following such notice, customers must return the Products covered by the cancelled Contract undamaged to Aidan McEvoy Fine Furniture, The Workshop, Willey Park Farm, Alton Road, Farnham, Surrey, GU10 5ER.
11.5. Customers are responsible for the costs of returning the Products.
11.6. We reserve the right to make a charge not exceeding our direct costs of recovering the Products in the event that customers do not return the Products or return them at our expense.
11.7. Following their exercising of their right of cancellation we will refund any payments made by the customer excepting and subject to any costs of returning the Products.
11.8. The products will have to be send back between 10 and 15 calendar days. If the product is not received within 15 days, paragraph 11.6. applies.
11.9. Payments as specified in 11.7. will only be made once the product has been received back and been inspected, which will usually take up to 5 working days.
11.10. If any returned product is damaged, the costs of this damage will be assessed and deducted from the credit for the customer.
11.11. The cooling off period and related right to cancel will end seven calendar days beginning with the day after the day on which customers receive the Products.
12. General guarantee and returns policy
12.1. Without prejudice to your cooling off rights set out above, if customers are not satisfied with any Product, they may return it to us along with details of their Contract (date, product, customer’s name) and we will, at our choice and subject to the Product being unused and in a resaleable condition, either exchange it or provide customers with a refund.
12.2. Customers should return any such Products to Aidan McEvoy Fine Furniture, The Workshop, Willey Park Farm, Alton Road, Farnham, Surrey, GU10 5ER.
12.3. Customers are responsible for the costs of returning the Products.
12.4. If customers are resident overseas they are responsible for liaising with local authorities to ensure that Products are returned under the appropriate duty relief so as to ensure that any exchanged items dispatched by us as a result of your return do not attract further duty charges (as applicable).
12.5. We will process returns as soon as they arrive, which will usually take up to 5 working days, except during extremely busy periods when there may be a short delay.
12.6. We reserve the right to charge a 10% administration fee of the value of the product(s) for returns outside the cooling off period.
12.7. When returning Products on which you have received any promotional or other discount the refund will only cover the price you paid.
12.8. All products have a lifetime guarantee, provided that the customer does not mis-treat a products or fails to care for a product in an appropriate manner and as described in the Care Instructions of the Web Site. In that case, the warranty of the product is void.
13. Our cooling off period
13.1. We will make every effort to fulfil Contracts, however, customers acknowledge that if for any reason we are unable to fulfil the Contract, we may inform the customer within 72 hours of sending our initial confirmatory email and customers may receive a full refund in respect of the Contract.
14.1. When sending a return (whether under your cooling off rights or otherwise), customers must take reasonable care to see the Product reaches us undamaged and we therefore strongly recommend that you send it by registered post (or international equivalent). 14.2. Products must be sent in their original packaging.
15. Statutory rights
15.1. The rights of cancellation and refund and any limitations on those rights expressed in these terms and conditions do not affect the customer’s statutory rights.
15.2. Refunds for Products purchased on this Web Site can only be credited to the credit or debit card originally used to make the purchase.
15.3. If we are unable to put the refund through on this card for any reason, we will contact the customer on the email address supplied by the customer to discuss alternative arrangements.
16. Amendments to Contracts
16.1. We will consider requests to amend Contracts, in terms of changing Products or other details, but subject to anything to the contrary set out in these terms and conditions and subject to the customer’s cooling off rights, we are not obliged to accept any and we reserve the right to charge an administration fee of 10% of the value of the product as stated in the Web Site Shop for any amendment we agree to.
17.1. Once a product has been given to the courier or shipping company, Aidan McEvoy Fine Furniture shall not be liable or responsible for any damage to the product.
17.2. Aidan McEvoy Fine Furniture's total liability for any claim howsoever arising shall not exceed the price of the Products supplied by Aidan McEvoy Fine Furniture to the customer.
17.3. Aidan McEvoy Fine Furniture shall not be liable for any loss of profits, wasted time or any indirect, special or consequential losses whether any such losses or wastage arise from a breach of contract, negligence or in any other way and irrespective of whether Aidan McEvoy Fine Furniture was or ought reasonable to have been aware of the possibility of such losses.
17.4. For the avoidance of doubt, Aidan McEvoy Fine Furniture's liability for:
(a) death or personal injury resulting from its negligence or that of its servants or agents;
(b) breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by it under any agreement for hire or sale;
(c) under Part I of the Consumer Protection Act 1987;
(d) fraudulent misrepresentation or
(e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited;
is not excluded or limited by this agreement, even if any other term of this agreement would otherwise suggest this.
18.1 Payment for Products will be made via the Web Site in accordance with the procedure explained in the Web Site.
19. Delay and failure to perform
19.1 Aidan McEvoy Fine Furniture shall not be liable for any breach of any Contract which arises by reason of any delay in performing, or any failure to perform, any of its obligations in relation to any Product, if the delay or failure was due to any cause beyond its reasonable control.
20.1. Our employees or agents are not authorised to make any representations concerning the Products unless such statements are confirmed by Aidan McEvoy Fine Furniture in writing.
20.2. Subject to the above statement about fraudulent misrepresentation, in entering into a Contract customers acknowledge that they do not rely on any such representations which are not confirmed.
1.1. Aidan McEvoy Ltd - References in these General Terms and Conditions, and in the Terms and Conditions of Courses, and Terms and Conditions of Commissioned Item Sale, and the Terms and Conditions of Online Shop Sale to as “Aidan McEvoy Fine Furniture”, “we”, “us” mean Aidan McEvoy Limited.
1.2. Participants - People who take part in the course in form of students will be referred to as ‘participants’.
2. The Courses
2.1. A detailed description of each course, including course content and prices, can be found on our Web Site under the “Courses”-section.
2.2. The School reserves the right to change the content of any course (type of wood, schedules and training tasks) and to substitute any tutor or lecturer at any time.
2.3. Places on a course are non-transferable, unless agreed on with Aidan McEvoy Fine furniture. A 10% administration fee of the value of the course will apply.
2.4. Following acceptance of a course application by Aidan McEvoy Fine Furniture participants will be contractually bound to pay the full amount of the fees a defined in paragraph 3.
2.5. If courses are under-booked (less than two participants), Aidan McEvoy Fine Furniture reserves the right to cancel the course.
2.6. To ensure sufficient individual attention during courses, the maximum number of participants per course are 5.
2.7. By booking a course via the Web Site, telephone, email or in person, participants confirm they are over the age of 18.
2.8. Participants can book a course up to 1 calendar days before the start of the course (subject to availability).
3. Payment of Course Fees
3.1. Places booked more than 30 calendar days before the start date will only be secured on receipt of 50% non-refundable deposit.
3.2. The final 50% payment must be paid 30 calendar days before the start of the course.
3.3. If courses are booked less than 30 calendar days before the course starts, the full amount must be paid at the time of booking, to secure a place.
3.4. The full course fee is due 30 calendar days before the start of the course.
3.5. If participants pay by electronic bank transfer, they must ensure that Aidan McEvoy Fine Furniture receives the full amount after any bank charges that are payable.
3.6. Participants cannot start a course, unless the course is paid in full.
4. Refunds and Cancellations
4.1. All cancellations must be in writing and made as soon as possible;
4.2. Any deposits are non-refundable.
4.3. If participants cancel more than 30 calendar days before their course starts, any fees already paid over and above their deposit will be returned and administration charge of 10% of the course fee will apply.
4.5. If participants cancel less than 30 calendar days before the start of the course, no refund is to be paid by Aidan McEvoy Fine Furniture.
4.4. Alternatively to 4.1 and 4.2. participants can opt to transfer to another course (subject to availability) and their fees can be transferred. An administration charge of 10% of the course fee will apply.
4.3. If Aidan McEvoy Fine Furniture needs to cancel a course at short notice, they reserve the right to do so and will notify participants as soon as possible via the details provided by the participants. If the course has not started, participants can either opt to transfer to another equivalent course (subject to availability) at no extra charge, or have a full refund immediately. If the course has started, course transfers and fee refunds would be given on a pro-rata basis.
5.1. All participants must have a valid health and personal insurance.
5.2. We also advice participants to arrange insurance for their own property and cancellation cover, in case participants have to cancel their course or leave early. However this is not compulsory for participating a course.
6. Health and Safety
6.1. Participants will be given a Health and Safety introduction at the beginning of each course.
6.2. By booking the course, participants agree to obey the health and safety instructions.
6.3. By booking the course, participants agree that they operate at the workshop at their own risk.
6.4. If participants miss the Health and Safety introduction at the beginning of a course, they are not allowed to continue the rest of the course. In this case, no refund is to be paid by Aidan McEvoy Fine Furniture.