In these conditions, “Buyer” means the person or company who places an order for Goods with the Company; “Goods” means any product and/or service (including any part or parts of them) agreed to be made, fitted and/or supplied to the Buyer by the Company; and “Contract” means any Estimate (“Estimate”) for Goods issued by the Company to the Buyer. For the avoidance of doubt, no binding Contract shall exist unless and until reflected in an Estimate.
 

The Buyer acknowledges that any Contract is subject to these Terms and Conditions which, together with the Contract constitute the entire agreement between the Buyer and the Company. The Buyer acknowledges that it has not relied or been induced to enter into the Contract on the basis of any statement, promise or representation in the course of any negotiations other than those set out in the Contract. The Buyer is responsible for and will be deemed to have read, understood and have accepted these Terms and Conditions on the receipt of an Estimate.
 

GOODS
All Goods are made to the Buyer’s specific design as set out in an Estimate. Any Estimate will include full specification and the Buyer is responsible for ensuring the accuracy and adequacy of the description and specification. The Company reserves the right to increase the price set out in the Estimate if the Buyer alters the specification set out in the said Estimate. Any samples, drawings, descriptive matters, specifications and advertising issued by the Company or contained in the Company’s catalogues or brochures are issued and published for the sole purpose of giving an approximate idea of the Goods and do not form part of the Contract. All measurements given are approximate in respect of width, height and depth. The Buyer shall procure that any free issue items to be supplied by any party other than the Company for the production of the Goods shall be supplied within a reasonable timeframe and the Buyer will accept all responsibility for the adequateness and quality of any free issue items supplied in this way. Such free issue items shall be subject to testing by the Company pursuant to British Safety Standard Regulations and a barrier cloth will automatically be applied to any fabric or trimming which is deemed unsafe by the Company, the cost of which will be borne by the Buyer. Production of your order will start a) when payment is received or b) when all the details of the order (i.e. finish selection / approval; receipt of free issue items; sign off of working drawings where applicable) are received, whichever is later.
 

PRICE AND PAYMENT
Unless otherwise agreed by the Company in writing, the price of the Goods shall be the price set out in the Estimate. The price set out in the Estimate will only include delivery charges (if applicable) where explicitly state or agreed, which will vary depending on both the nature of the Goods and the location of the Buyer. The Company reserves the right to increase the price set out in the Estimate as a result of (a) delivery complications or difficulties in access or dispense; (b) the requirement of additional coverings of barrier cloth or similar material to the Goods; (c) storage charges (see 6 below); (d) fluctuation in rates of exchange and/or (e) any increase in cost of manufacturing or acquiring the Goods. The price of the Goods will only remain valid for 3 months from the date of any Estimate. All Goods remain the property of the Company until payment is received in full. The Buyer shall pay a non-refundable deposit of the price of the Goods and where the total value of Goods exceeds £20,00 a 40% interim payment will also be payable. The balance shall be payable within 15 days of completion of the Contract. Interest at a rate of 2% per annum above the base lending rate of NatWest Bank calculated from day to day may be charged on late payment at the current appropriate rate. The Buyer shall provide the Company with its VAT number for Contracts governing sales within the European Community. The Buyer acknowledges that if it does not provide its VAT number in such circumstances it will be liable to pay UK VAT.
 

DELIVERY
Unless otherwise agreed between the Buyer and the Company, the Company reserves the right to deliver the Goods in separate instalments. The Goods shall be at the Buyer’s risk as from delivery. The Company shall use all reasonable endeavours to meet any agreed delivery date but in any event time for delivery shall not be of the essence. The Company will not be liable for any loss or damage suffered by the Buyer through delay in delivery. It is the obligation of the Buyer to ensure there is suitable access for the delivery of the Goods and the Company shall not be liable for failure to deliver any Goods due to restricted access. The Company will not be liable for any damage caused to wall coverings and finishes in the course of delivery or fixing the Goods.
 

COLLECTION AND DELIVERY
The Company reserves the right to charge for reasonable storage costs if the Buyer fails to collect the Goods within 14 days after receiving notice by the Company that the Goods are ready for collection. Likewise reasonable storage costs will be charged to the Buyer if it fails to accept delivery within 14 days of receiving notice that the Goods are ready for delivery. The Company reserves the right to sell any Goods that the Buyer fails to collect or accept delivery of within 3 months after receiving such notification from the Company that the Goods are ready for collection or delivery and as the case may be the Company shall retain all amounts recovered from the sale of the Goods in such circumstances.
 

RETURNS AND CANCELLATIONS
In so far as permitted by law, if the Goods are damaged or defective on delivery, the Buyer should notify the Company in writing within 10 working days of delivery of the Goods, otherwise the Company will have no liability to the Buyer if the Buyer notifies the Company under this condition. The Company’s only obligation will be, at the Company’s option, to replace or repair any Goods that are damaged or defective, or to refund the Buyer the amount paid by the Buyer for the Goods. A Contract may be cancelled up to 5 business days after the Invoice is issued to the Buyer and in such a situation the Buyer acknowledges the Company’s right to retain the 50% deposit paid.
 

INTELLECTUAL PROPERTY 
Any drawings, photographs, designs and style of Goods (and any copyright and/or design rights subsisting in the same) are the property of the Company and reproduction or use (unless authorised by the Company) in whole or in part is strictly prohibited. The Company reserves the right to photograph the Goods at any time up to and including completion, delivery and installation (if applicable) for the purpose of publicising and promoting the Company in any way that it sees fit. The Company shall ensure in such circumstances that the anonymity of the Buyer or relevant third party is preserved.
 

LIMITATION OF LIABILITY
The Buyer is aware that all Goods are individually handmade in accordance with the Contract and that due to the nature of the Goods there may be slight variations in colour and texture. This does not indicate a defect in the Goods and the Company will not accept returns in such cases. The Buyer is not permitted to return any Goods due to their unsuitability. The Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance of the Contract or contemplated Contract. The Company shall not be liable to the Buyer for any loss of profits, administration, inconvenience, disappointment, indirect or consequential loss or damage arising in connection with the performance of the Contract. The Company accepts no responsibility for delay or loss or damage caused by circumstances beyond its control including (but not limited to) strikes, lockouts, accidents or fire, shortage or unavailability of raw materials from a natural source of supply. Nothing in these terms and conditions excludes or limits the liability of the Company: (a) for death or personal injury caused by the Company’s negligence; or (b) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability.
 

HANDMADE PRODUCTION AND EXACT MATCHING
Rupert Bevan Ltd believes that the many traditional skills and techniques used to make its design add to the beauty and individuality of each piece. Each piece is hand finished with care and for this reason finishes may vary slightly. If you require a higher level of uniformity or finish than these techniques allow, please discuss your requirements with Rupert Bevan Ltd before confirming your order. 
 

COMPLIANCE
Rupert Bevan Ltd’s designs comply with all statutory and EU requirements.
 

FIRE RETARDANCY
All Rupert Bevan bespoke pieces for the domestic setting are upholstered with internal fillings that have been appropriately treated and flame proofed to comply with fire regulations for the domestic environment. If you are using your own fabrics for covering you may wish to consult your fabric supplier for information on fire retardancy and flame proofing.  
 

PROTOTYPES
Rupert Bevan Ltd will provide a quote for prototypes where necessary or if requested.
 

LAW
These terms are subject to the laws of England and Wales. The Company and the Buyer do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it. These terms and conditions do not affect the Buyer’s statutory rights as a consumer (if so applicable).