Terms and Conditions

ILVA REVISED TERMS AND
CONDITIONS - DATE 25 JUNE 2008
1. Interpretation
1.1 The definitions and rules of
interpretation in this condition apply in
these conditions.
“Buyer” means the person, firm or
company who purchases the Goods
from ILVA;
“Contract” means any contract
between ILVA and the Buyer for the
sale and purchase of the Goods,
incorporating these conditions;
“Goods” means any goods agreed in
the Contract to be supplied to the
Buyer by ILVA (including any part or
parts of them);
“ILVA” means ILVA Furniture Ltd (in
Administration), 1210 Arlington
Business Park, Theale, Reading, RG7
4TY, Registered Number 04645562;
“ILVA Store” means any stores or
premises of ILVA where the Goods are
sold; and
“ILVA Website” means
www.ilva.co.uk.
2. APPLICATION OF TERMS
2.1 Subject to any variation under clause 2.3
the Contract shall be on these
conditions to the exclusion of all other
terms and conditions (including any
terms or conditions which the Buyer
purports to apply under any purchase
order, confirmation of order,
specification or other document).
2.2 No terms or conditions endorsed on,
delivered with or contained in the
purchase order, confirmation of order,
specification or other document shall
form part of the Contract simply as a
result of such document being referred
to in the Contract.
2.3 These conditions apply to all ILVA’s
sales and the Buyer and an authorised
representative of ILVA must execute
any variation to these conditions. If the
Buyer is a consumer, nothing in this
contract will affect or restrict the
consumer’s statutory rights.
3. DESCRIPTION OF THE GOODS
3.1 The quantity and description of the
Goods shall be as set out in ILVA’s
quotation or acknowledgement of
order.
3.2 All descriptions, specifications and
advertising issued by ILVA or
contained in ILVA’s catalogues or
brochures are issued for the sole
purpose of giving an approximate idea
of the Goods described in them.
4. OWNERSHIP OF GOODS
4.1 The Goods remain the property of
ILVA until the Buyer has paid for them
in full. Until the property in the Goods
passes to the Buyer, ILVA may request
from the Buyer, with reasonable notice,
the return and delivery up of the
Goods. Should the Buyer fail to comply
with such a request, ILVA will take legal
proceedings to recover the Goods or
their value.
4.2 Where Goods are made to order, or are
out of stock and have been ordered,
ILVA will contact the Buyer when the
Goods arrive at the ILVA warehouse.
4.3 No delivery will be made if there is an
outstanding balance due on the order.
5. DELIVERY
5.1 ILVA shall use its reasonable
endeavours to meet any estimated
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delivery date. However, if unforeseen
circumstances beyond the reasonable
control of ILVA arise, ILVA will
contact the Buyer and agree an
alternative date.
5.2 Delivery prices are based on a set rate,
which is dependant on the postal code
the Goods are being delivered to.
5.3 The Buyer is required to ensure that
access for the delivery of Goods to the
Buyer’s desired location is suitable and
that there is safe access from the public
highway to the place of delivery. If the
ILVA delivery team considers the
access unsafe or not suitable, the Goods
will not be delivered. If delivery is
deemed not suitable or unsafe on the
agreed delivery date, ILVA will be
entitled to rearrange an alternative
delivery date.
5.4 If ILVA attempt to make a delivery at a
day and time agreed with the Buyer and
no one is present to receive the Goods,
ILVA will contact the Buyer and agree
an alternative date.
5.5 If ILVA is denied access or is unable to
make a delivery due to the
circumstances in clauses 5.3 and 5.4,
ILVA may claim any reasonable costs
for a repeat delivery from the Buyer.
5.6 Should ILVA accidentally damage
Goods in the course of the delivery the
liability of ILVA for that damage will be
limited to the repair, replacement or
refund of the Goods or the value
thereof.
5.7 Any claim by the Buyer for
compensation for damage caused by
ILVA must be notified to ILVA as
soon as practicable after the damage is
discovered.
6. PRICE
6.1 All prices quoted for the Goods are in
pounds sterling inclusive of any VAT
payable. The price is the selling price of
the Goods and does not include
delivery charges which amounts the
Buyer shall pay in addition when it is
due to pay for the Goods. Every effort
is made to ensure that prices shown for
the Goods are correct when Goods are
added onto the ILVA Website or in the
ILVA catalogues. When purchasing
from the ILVA Website the Buyer
should always check the up to date
price on the ILVA Website. If there is a
difference between the price for an item
in the ILVA catalogues and the ILVA
Website, the online Buyer will be
charged the price on the ILVA Website.
When purchasing Goods in an ILVA
Store the price for an item will be the
price provided in that ILVA Store.
6.2 The price offered in respect of an item
on the ILVA Website may differ from
the price offered at the same time in
ILVA Stores. If the Goods are ordered
through the ILVA Website ILVA are
under no obligation to honour any instore
price or promotion in the event
that it differs from those on the ILVA
Website or in the ILVA catalogues.
6.3 If, by mistake, ILVA have under priced
any of the Goods, ILVA will not be
liable to supply the Goods in question
to the Buyer at the stated price,
provided that ILVA notifies the Buyer
before delivery of the Goods. In those
circumstances, ILVA will notify the
correct price to the Buyer who may
then decide whether or not to order the
Goods at that price. If the Buyer
decides not to order the Goods, ILVA
will give a full refund on any amount
already paid for those particular Goods.
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7. REFUND AND EXCHANGE
POLICY
7.1 If the Goods are purchased at an ILVA
Store, there will be no option to return
the Goods unless ILVA is in breach of
its obligations to the Buyer.
7.2 Subject to clause 7.3 if the Goods are
purchased at a distance within the
meaning of the Consumer Protection
(Distance Selling) Regulations 2000, the
Buyer may within 7 working days of
delivery cancel this contract via notice
to the ILVA Customer Services
Department and require ILVA to
refund the price paid for the Goods
inclusive of the delivery charges. The
Buyer must keep the Goods in good
condition and within 28 days return the
Goods at its own cost to ILVA or at
ILVA’s request make the Goods
available for collection and pay ILVA’s
reasonable costs of collection. The
Buyer must also pay to ILVA any
difference between the value of the
Goods when returned and the actual
price paid for the Goods.
7.3 Where Goods are made to order the
Buyer cannot cancel an order unless the
Buyer pays any losses and costs suffered
by ILVA because of the cancellation. If
ILVA cancels the contract ILVA will
pay any losses or costs suffered by the
Buyer because of the cancellation.
7.4 Where Goods are made to the Buyers
individual requirements the Buyer
cannot cancel an order unless ILVA is
in breach of its obligations to the Buyer.
7.5 All statutory rights remain relating to
faulty or misdescribed goods. For
further information about statutory
rights, please contact the local authority
Trading Standards Department or
Citizens Advice Bureau.
8. LIMITATION OF LIABILITY
8.1 It is recommended that the Buyer
inspects the Goods and satisfies
themselves of their suitability and
satisfactory quality.
8.2 Nothing in the Contract excludes or
limits the liability of ILVA:
8.2.1 for death or personal injury
caused by ILVA’s negligence;
8.2.2 under section 2(3), Consumer
Protection Act 1987; or
8.2.3 for any matter which it would
be illegal for ILVA to exclude
or attempt to exclude its
liability; or
8.2.4 for fraud or fraudulent
misrepresentation.
8.3 ILVA’s total liability in contract, tort
(including negligence or breach of
statutory duty), misrepresentation,
restitution or otherwise, arising in
connection with the performance or
contemplated performance of the
contract shall be limited to the total
amount paid for the Goods by the
Buyer.
8.4 ILVA shall not be liable for any losses
suffered by the Buyer, which at the time
the Buyer makes the relevant order are
not a foreseeable consequence to both
ILVA and the Buyer of any breach of
this Contract.
8.5 ILVA shall not be liable to the Buyer if
unable to carry out any provision of the
Contract for any event beyond the
reasonable control of ILVA.
9. EXCLUSION OF WARRANTIES
9.1 All representations, warranties,
conditions and terms (except as
expressly provided herein), are expressly
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excluded upon, and in relation to, the
sale of goods by ILVA. This does not
affect the Buyers statutory rights.
10. DATA PROTECTION
10.1 Information about the Buyer provided
under the Contract, in any order or by
third parties will be used by ILVA:
10.1.1 to complete the Contract in
and ensure that any further
services offered are
appropriate for the Buyer;
10.1.2 to disclose information to
third party agencies for credit
checking purposes or to assist
recovery procedures should a
breach of contract occur (such
information may be shared
with other organisations for
the same purpose) and carry
out automated credit risk
checks; and
10.1.3 in accordance with the prior
written consent of the Buyer
to keep the Buyer informed
about the products and
services offered by ILVA.
10.2 The Buyer may opt out of any consent
provided under clause 10 and may
contact ILVA at the ILVA Customer
Services Department on telephone
number 0845 245 8285 or by email at
customerservice@ilva.co.uk.
11. ASSIGNMENT,NOTICES AND
GENERAL PROVISIONS
11.1 The Contract is personal to the Buyer,
who may not assign it without the prior
written consent of an authorised
representative of ILVA.
11.2 If any part of the Contract shall be
deemed unlawful, void or for any
reason unenforceable, then that
provision shall be deemed severable
from the Contract and shall not affect
the validity and enforceability of any
remaining provisions of the Contract.
11.3 A person who is not a party to this
Contract has no right under the
contracts (Rights of Third Parties) Act
1999 to enforce any term of the
Contract but this does not affect any
remedy or right of a third party which
exists or is available apart from that Act.
11.4 The Contract is governed by English
law and any dispute concerning the
contract will be subject to the nonexclusive
jurisdiction of the English
courts.
12. LEGAL INFORMATION
12.1 The affairs, business and property of
ILVA Furniture Limited (in
administration) are being managed by
Peter Saville, Simon Appell and Anne
O’Keefe, Insolvency Practitioners of
Kroll Limited, who were appointed
joint administrators of ILVA Furniture
Limited on 25 June 2008 (“the Joint
Administrators”). The Joint
Administrators act as agents of ILVA
Furniture Limited (in administration)
and without personal liability.
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