Terms and Conditions

The legal bit of Starplan Furniture & Kitchens

Starplan Furniture Limited

Terms and Conditions of Sale

1. Interpretation

• 1.1. “The Company” means Starplan Furniture Limited (Co No. NI017138)
• 1.2. “The Customer” means an person who has agreed to purchase goods from The Company including any goods which are required to be designed, manufactured, delivered and fitted by The Company.
• 1.3. “The Agreement” means the contract between The Company and The Customer for the sale of goods.

2. Applicable Law

• 2.1. The Sale, supply, delivery and fitting of goods will except in the case of sales in Northern Ireland be subject to English Law and the English courts will have jurisdiction in respect of any dispute between The Company and The Customer unless both parties agree in writing to an alternative form of dispute resolution or are obliged to do so by any legal requirement.
• 2.2. Clause 2.1 will equally apply to sales in Northern Ireland except that reference to English Law or the English Courts will be replaced by a reference to the law prevailing in Northern Ireland and the courts of Northern Ireland to the extent (if at all) that different legislation shall apply to the rights of Customers in Northern Ireland.

3. Consumer Rights

• 3.1. These conditions are subject to and do not affect the statutory or common law rights of the Customer.

4. Delivery and Installation

• 4.1. All delivery details at the time of the Agreement are given in good faith but are approximate only. The Customer acknowledges the delivery may be subject to delay caused by matters beyond the control of The Company including but not limited to supply of materials, unexpected levels of demand, manufacturing problems, inclement weather, strike, riot and civil commotion.
• 4.2. The Company will confirm a delivery date to the customer when goods are in stock and ready for delivery and fitting and will make all reasonable endeavours to deliver and complete fitting on that date. The Company shall not be responsible for delays beyond its control including but not limited to adverse weather conditions, traffic conditions or unexpected conditions at The Customer’s site or the site of any other customer where delivery and/or fitting is arranged for the same date.
• 4.3. In the event of The Company being unable to obtain access to the required location The Company reserves the right to levy a charge for re-delivery and in respect of storage pending redelivery. If required by The Customer The Company may leave goods which do not have to fitted anywhere on the delivery address if the customer so agrees at the risk of the Customer and on the basis that the Company shall not be liable for any loss or damage subsequently caused.
• Under no circumstances will the Company be required to fit any goods that are supplied on the basis of self assembly. Unless otherwise agreed in writing this will include all beds and bed heads.
• Delivery will be on the following dates:-
  • Where goods are collected in store the date of collection.
  • Where goods are delivered by The Company the date of delivery.
  • Where goods are fitted by The Company the date upon which fitting is completed.
  • Where goods are replaced or refitted by The Company because of a defect attributable to The Company the date of replacement or refitting.

5. Defects and Returns

• 5.1. The Customer or their authorised representative should inspect goods on delivery and notify The Company promptly of any defect.
• 5.2. If The Customer discovers any defects The Customer must not make use of the goods in any manner which will or is likely to increase the nature of the defect and must not make any alteration to the goods or attempt to make any repair until The Company has been given a reasonable opportunity to inspect the goods.
• 5.3. The customer will afford The Company or its duly authorised agent a reasonable opportunity to inspect the goods. If following such inspection The Company accepts that the goods when supplied were damaged or incorrectly fitted the Customer will permit The Company a reasonable opportunity at the expense of The Company to replace and refit any goods.
• 5.4. The Customer agrees that the Company shall be under no obligation to replace repair or refit any goods where the alleged defect is due to:-
  • 5.4.1. Abuse
  • 5.4.2. Fair wear and tear.
  • 5.4.3. There is no legal liability.
  • 5.4.4. Where The Customer’s complaint is based upon a matter caused by the inherent nature of the goods including but not limited to:-
    • 5.4.4.1. Settlement of fill in mattresses. Settlement of filling in certain types of mattress over the first few weeks of use is normal. Mattresses should be rotated and turned on a regular basis.
    • 5.4.4.2. Small differences in colour and/or materials or specifications in goods within reasonable tolerances which in the reasonable opinion of The Company do not alter the fitness for use, merchantability or appearance of the goods.
    • 5.4.4.3. Normal characteristics of both natural and man-made materials. Natural materials may contain unique grains natural scarring and colour variation. Manufactured materials may as part of their design incorporate grain variation to mimic natural materials. Parallel runs inartificially grained materials may include slight shading variations to mimic the effect of natural materials. Large manufactured runs of foil and similar finishes may vary slightly between large manufacturing runs and have minor shading differences from showroom displays. Certain fabrics may contain piles which flatten during use or may be subject to shading which does not impair durability .Imperfections in foil and similar finishes not visible to the naked eye in reasonable light are not defects
    • 5.4.4.4. Where any defect is so small that it would be unreasonable for the entirety of the goods to be returned and the customer has denied The Company a reasonable opportunity for repair or replacement or where the alleged defect is not apparent by normal visual inspection.
    • 5.4.4.5. Slight variations on different elements of furniture. It is not always possible to exactly match colours painted onto different base materials. The Customer will have had the opportunity to ascertain the degree of colour variation from inspection of in store displays and products supplied will be of matching standard.
    • 5.4.4.6. Minor cosmetic differences that cannot be seen in normal light to the naked eye two metres distance from any goods which are furniture items.

6. Deposits and Payment

• 6.1. The full agreed price must be paid in cleared funds 21 days prior to delivery. The Company has the right to delay delivery in the event that payment in full (including cheques which fail to clear) is not made.
• 6.2. All payments must be made to the Company or as directed by the Company.
• 6.3. The Company may charge for any losses incurred as a result of cheques not being cleared or any other form of payment proving ineffective for any reason.
• 6.4. The Company may retain the whole or any part of a deposit made to cover or contribute towards its costs or profit losses in the event of any agreed cancellation.

7. Cancellation By The Customer.

• 7.1. No agreement may be cancelled unless sanctioned by a manager or director of The Company.
• 7.2. The Company is not obliged to agree to any cancellation.
• 7.3. In the event that The Company does agree to a cancellation it may claim against the Customer to the extent that any losses are not covered by any deposit given by the Customer.
• 7.4. If in the reasonable opinion of The Company its losses can be reduced by removing goods from the property after delivery the customer will afford the Company reasonable access for such removal.

8. Cancellation by the Company

• 8.1. The Company may cancel the agreement if it becomes impossible for The Company to supply and/or deliver and or install the goods within a reasonable time after the estimated delivery date.
• 8.2. Any deposit paid by The Customer in a form requiring clearance fails to clear.
• 8.3. The Customer shall become bankrupt or otherwise insolvent and The Company in its reasonable opinion believes that the Customer will be unable to pay or secure the whole of the balance of the price for the goods or any part thereof.
• 8.4. In the case of goods to be fitted at a property nominated by the customer an inspection by any employee of the Company reveals that it is not practicable sensible or reasonable to install the goods at such property by reason of inadequate access thereto or some defect in the Property or its fabric or the layout of the property or its services which unreasonably prevents or hinders such installation or that such installation would prevent or impair access to services or exits or that a defect in the Property would affect the operation or longevity of the goods or would otherwise be imprudent.
• 8.5. In the event of cancellation by The Company it will return all monies paid by The Customer less such reasonable sum (if any) as can be fairly attributed to any costs by reason of fault or misrepresentation by The Customer.

9. Retention of Title

• 9.1. Title to all goods will remain with The Company until payment has been made in full.
• 9.2. If for any legal reason the retention of the title cannot apply to all goods covered by the agreement it will apply to the remainder.

10. Limitation of Liability

• 10.1. The liability of the Company shall in no circumstances exceed the total cost of the agreed price for the supply, delivery and installation of the goods.
• 10.2. The Company shall not be responsible for any consequential loss including but not limited to:-
  • 10.2.1. Loss of earnings or other loss of income or revenue in the event of delayed delivery or fitting.
  • 10.2.2. The provision of goods or the installation of goods by any third party.
  • 10.2.3. Any extra cost incurred by The Customer in obtaining replacement goods and/or fitting replacement goods from an alternative supplier in the event of cancellation of “The Agreement”.
• 10.3. The Company is not obliged to pay compensation for distress of inconvenience howsoever caused.
• 10.4. The Company is not obliged to pay compensation if the customer has failed to comply with any relevant customer obligation set out in Condition 12 of this Agreement.
• 10.5. Where any defect is due to a failure or defect in the building where the goods were fitted whether the same occurs prior or post fitting.

11. Changes in Terms and Conditions and Specifications.

• 11.1. The Company may change it’s terms and conditions in relation to any future sales or supplies without notice to you. Any such future sales will be subject to the Terms and Conditions in force at the date of any future agreement.
• 11.2. The Company may at any time change the specifications of materials used in the manufacture and supply of goods provided that in the reasonable opinion of The Company there is no material difference in the appearance, merchantability, or fitness for purpose thereof. The Company may at any time discontinue the manufacture, sale and/or supply of any goods.
• 11.3. The Company may substitute items such as handles if stocks are exhausted and identical items to those shown on showroom displays are no    longer available but will make all reasonable efforts to provide an item of similar appearance and quality and to agree the substitution with the customer.

12. Customer Obligations

• 12.1. To make payment in full by cleared funds 21 days prior to the expected delivery date.
• 12.2. To advise the Company of any matters which might make access to the property where goods are to be delivered prior to the expected completion date difficult or impossible. These might include road closures, alleyways, obstructions or other unusual physical matters.
• 12.3. To ensure that access to the room within a property where goods are to be delivered and/or fitted is clear and not impeded by furniture, electrical goods, child gates or other obstacles. The Company is not obliged to remove doors, furniture or other obstacles.
• 12.4. To ensure that any dogs or other pets are securely restrained at all times during delivery and/or fitting away from any rooms to which goods are to be delivered and/or fitted.
• 12.5. To ensure that access for delivery and/or fitting is available between the hours of 8.30 a.m and 6.30 p.m on the day of such proposed delivery or fitting.
• 12.6. To ensure that a standard 13 amp 240 volt electricity supply is available free of charge for the use of the Company in every room where goods are to be fitted.
• 12.7. Not to make any material alterations to rooms where goods are to delivered or fitted after the date of this Agreement until actual delivery and/or fitting unless the same are recorded in writing and agreed with the Company.
• 12.8. The Customer must notify the Company of any features in any room where goods are to be fitted which might make installation unexpectedly difficult such as unsound walls or floors or walls or floors that are known to be out of true.
• 12.9. To ensure that any burglar alarms that fitting works might trigger are turned off prior to and during installation.
• 12.10. The Customer acknowledges that the Company does not carry out any work to electrical gas, water or other utility supply equipment.
• 12.11. The Customer agrees that the Company cannot give a flush finish to stipple, artexed or other uneven ceiling finishes and while all reasonable expertise will be used it is not possible to guarantee a flush finish to uneven walls.
• 12.12. To ensure that prior to the expected day of fitting that you have carried out at no expense to the Company any necessary removal, re-routing or refitting of any utility supply equipment including any pipes, wires, cables or meters in such a manner as complies with all regulations or requirements of the relevant utility supplier.
• 12.13. The Customer agrees that the Company does not fit to existing carpet lines or cut carpets. The Company will fit goods on top of existing carpets but advises that furniture is best fitted directly on to floor surfaces.
• 12.14. The Customer agrees not to hold the Company responsible for scuffs or scratches to walls, floors or ceilings which might have occurred despite reasonable care being taken during delivery and/or installation. The Customer accepts that wooden floors are vulnerable to scratching and that it is the responsibility of the Customer to protect these prior to delivery with a suitable covering. The Customer accepts that redecoration should not take place until after installation of all goods.
• 12.15. The Customer agrees that the Company has displays of fitted furniture in all of its showrooms to enable the customer to see both the standard of the goods and the manner in which fitting is carried out. The Company is not obliged to change or alter either the standard or quality of the goods or the fitting of the goods beyond that shown in its showrooms. Furniture will be fitted to the standard shown in showrooms. Cornices, end boards, screw fittings and jointing will be as shown on showroom displays and if appropriate only where present on showroom displays. The Company has the right to vary showroom displays pursuant to Clause 11.2 of these Conditions.

13. Severability and Variation

If any condition or sub-condition of this Agreement is or shall become unenforceable in whole or in part the remaining conditions or parts of any conditions shall remain in full force and effect.

14. Explanation of Conditions

The Company has prepared these Terms and Conditions in the interests of good customer relations and so that each party will be aware of their contractual obligations without infringing customer rights. These Terms and Conditions have in part been drafted to enable the Company to comply with its Health and Safety obligations which are required by law towards its employees.