David Oliver Bespoke Ltd – Trade Terms & Conditions
These conditions of sale apply to and from every contract between David Oliver Bespoke Ltd (“Supplier”) and you (“Buyer”) for the sale and purchase of goods (each an agreement).
David Oliver Bespoke Ltd does its best to ensure that products viewed on our website are as accurate in colour and size as possible. All of our products are handmade using natural materials and variations in colour can be a common occurrence especially with hardwoods. Some products may vary in colour and tone from those viewed on our website due to computer screen and image limitations. We hope you understand this.
To make an enquiry about availability or to order a piece from our bespoke range please contact us directly by email at email@example.com, outlining the particular product and noting the specified variants in material choice if applicable.
Some but not all of our goods are sold under a minimum order quantity (“MOQ”).
Lead times on average are six weeks from time of order but can vary depending on material availability.
When an order is placed by email we will forward you a confirmation receipt. If you do not receive this email within 24 hours, please contact us at firstname.lastname@example.org
Delivery costs will also be finalised at this time prior to an order being processed
Prices given either on the website or by quotation include VAT and exclude delivery charges. We reserve the right to alter prices due to unforeseen circumstances such as increases in VAT, shipping and material costs. If you are placing an order from outside Ireland please follow up on import duties or tariffs which may be applicable at your destination.
All of our payments are handled securely through bank transfer. Our account details are footed on each invoice issued with receipt of full payment provided on delivery. A deposit of 30% is required to secure your order. The full balance is due for payment prior to delivery (unless otherwise agreed by the Supplier). If you default in making payment to us when due, we shall suspend all deliveries. All undisputed invoices should be paid regardless of any dispute that may exist as to other delivered or undelivered goods. With respect to any disputed invoices, all amounts not in dispute shall be paid by the Buyer. There will be an administration charge for any unpaid cheques or Direct Debits returned by the Bank.
Any amendments or cancellations to an order must be received by us via email within 2 business days from the date your order was placed. To cancel please email email@example.com and a deposit refund will be organised to a nominated account. Nominated amendments to a piece, if possible, may alter the previously quoted price of an item and must be agreed upon at this time between David Oliver Bespoke Ltd and client. Whilst we will assist in helping our Buyers in any way possible, if a piece has gone into production at any stage after an order is placed we reserve the right to refuse an application to cancel or alter.
We have great faith and pride in our products and we want you to be happy with any item you receive from us. Due to the fine nature of our craft and the belief that each piece is truly unique we only offer returns should an unlikely fault or issue in quality arise with any of our work. Should you have any concerns about your piece please contact us by email to firstname.lastname@example.org
We advise that you read and understand the ‘caring for your piece’ leaflet which is distributed with every item delivered. If you haven’t received this information please contact us for an additional copy. We cannot accept returns or liability for damage or misuse beyond the intended purpose or environment of our goods.
The Buyer is responsible for ensuring the chosen piece is suitable for its intended use and setting. David Oliver Bespoke Ltd will not be held responsible for goods which will not fit in its intended space or area. Any of our wall mounted products come supplied with screws and a set-out template. It is the responsibility of the end user to determine the wall type fixings/plugs etc. in each case. The installation of these pieces should be carried out professionally.
We provide measurements, specifications and swatches on all our bespoke pieces through our website in the descriptive segment for each piece. Should you have any queries regarding the placement of a piece please contact us. We would love to help.
Delivery & Shipping
Delivery costs are based on location within Ireland and are finalised at the time of order. Due to the fine nature of our work we will endeavour to personally deliver larger free standing pieces where it’s possible to do so.
Good deliveries must be inspected by the Buyer to confirm receipt of goods. Any complaints in relation to goods having suffered damage in transit must be notified to David Oliver Bespoke Ltd on the same day as delivery.
David Oliver Bespoke Ltd will not take responsibility or liability for any damage incurred to interiors or the delivered product once it crosses into a premises. It is the Buyers responsibility to ensure that there is safe, clear access for both the delivery vehicle and driver at the location. Occasionally the driver may need assistance with some of the larger items available, and may need assistance from a representative at the scheduled time of delivery.
For our clients outside of Ireland we offer custom packaging solutions and work closely with specialised couriers who will transport your piece with the care and attention it deserves.
Title to Goods
Notwithstanding the following retention of title provision, all goods shall be at the risk of the Buyer from the moment of delivery to the Buyer or its agent.
The ownership of the goods shall remain with the Supplier and not pass to the Buyer until such time as payment has been received in full by the Supplier in respect of all goods supplied to the Buyer. Until ownership of the goods has passed to the Buyer, the Buyer shall hold the goods on a fiduciary basis as the Supplier’s bailee.
Without prejudice to the Buyer’s continuing fiduciary obligations to the Supplier as agent and bailee of the goods, until otherwise notified by the Seller in writing or until the happening of anything that terminates the Buyer’s right to possession of the goods, the Buyer may resell the goods before ownership has passed to it solely on the following conditions:
Any sale shall be effected in the ordinary course of the Buyer’s business at full market value: and
Any such sale shall be a sale of the Supplier’s property on the Buyer’s behalf and the Buyer shall deal as principal when making such a sale.
The Buyer’s right to possession of the goods shall terminate immediately if:
The Buyer has a bankruptcy, winding up or administration order made against it or makes an arrangement or composition with it’s creditors, passes a resolution or enter into liquidation or has a receiver and/or manager, provisional liquidator, administrator or administrative (or equivalent officer) appointed over it’s undertaking or any part thereof; or
The Buyer suffers or allows any execution, whether legal or equitable, to be levied on it’s property or obtained against it, or fails to observe or perform any of it’s obligations under these conditions or other contract between the Supplier and the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade;
The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.
The Buyer grants the Supplier, its agents and employees an irrevocable licence at any time to enter any premises where the goods are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them.
On termination of the Contract, however caused, the Supplier’s (but not the Buyer’s) rights contained in this condition shall remain in effect.
Exclusions and Limitations of Liability
All warranties, representations, guarantees, conditions and terms, other than those expressly set out in these conditions of sale, whether expressed or implied by statute, common law, trade usage or otherwise and whether written or oral are expressly excluded to the fullest extent permissible by law.
The Supplier’s maximum aggregate liability under, arising from or in connection with the supply of goods to the Buyer (whether in contract, tort (including negligence) or otherwise) shall be limited to a sum equivalent to the price of the goods in respect of which such liability arises.
The Supplier shall not in any circumstance be liable to the Buyer for any claim, whether arising in contract, tort (including negligence), misrepresentation or otherwise for:
Any loss of profit, revenue, anticipated savings, business or contract: and
Any sub sequential, economic or other indirect loss.
The Buyer accepts that the limitations and exclusions set out in these terms are reasonable having regards to all the circumstances.
If any part of any provision of any Agreement shall be invalid or unenforceable, then the remainder of such provision and all other provisions of the Agreement shall remain valid and enforceable.
Each Agreement and any non-contractual obligations arising out of or in connection with any Agreement shall be construed in accordance with Irish law and the parties irrevocably submit to the exclusive jurisdiction of the Irish Courts to settle any disputes which may arise in connection with any Agreement.
We reserve the right to change the above terms and conditions of sale.