These are the terms and conditions on which we supply products to you. They do not apply to the supply of products to you by our distributors.
SEATING MATTERS TERMS
1. These Terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you. They do not apply to the supply of products to you by our distributors.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 We are not clinicians. We provide advice on the technicalities of the products we sell. We are not clinicians; we do not provide medical advice in our advice on the technicalities of the products we sell, nor do we advise on medical conditions. If you require medical advice or advice about your condition, we advise you to speak to a medical practitioner.
1.4 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
1.5 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information About Us & How To Contact Us
2.1 Who we are. We are SEATING MATTERS LIMITED a company registered in Northern Ireland (our company registration number is NI057995, our registered office is at 131 Carnamuff Road, Limavady , N. Ireland, BT49 9JG and our registered VAT number is GB 928 1518 16) or any properly appointed agent or distributor in the United Kingdom or Ireland.
2.2 How to contact us. You can contact us by telephoning our customer service team at +4428 777 666 24 or by writing to us at contact@seatingmatters.com or 131 Carnamuff Road, Limavady, N. Ireland BT49 9JG.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our contract with you
2.5 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2.6 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
2.7 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3. Our products
3.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and other minor aspects of the specification accurately, we cannot guarantee that a product's display of the colours or other minor aspects of the specification accurately reflects the products. Your product may vary slightly from those images.
3.2 Making sure your bespoke requirements are accurate. If we are making the product to bespoke requirements you have given us, you are responsible in your order for ensuring that the stated bespoke requirements are correct. If your requirements have changed since the time of any assessment by us, you are responsible for letting us know before the order. Failure to do so will result in you being contracted to buy a product that no longer meets your requirements.
4. Your rights to make changes
Given that we typically start the manufacture of your bespoke product within hours of accepting your order, it can be difficult for us to accept changes to your order. Nevertheless, if you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. Our rights to make changes
Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a safety improvement. These changes will not affect your use of the product.
6. Providing the products
6.1 Delivery costs. The costs of delivery will be as described on our quotation to you.
6.2 When we will provide the products. We will deliver the products to you as soon as reasonably possible and in any event, will aim to deliver within three weeks of the day on which we accept your order unless the product is to be made specifically or especially adapted for you, in which case we will let you know during the order process when we will deliver the product to you. Please note that the delivery is in many cases handled by a third party and as such, the date indicated is approximate only and time for delivery shall not be of the essence unless previously agreed by us in writing. The goods may be delivered in advance of the stated delivery date unless previously agreed by us in writing.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 0800 to 1700 on weekdays (excluding public holidays).
6.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
6.7 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or you (or a carrier organised by you) collect it from us.
6.8 When you own goods. You own a product once we have received payment in full.
6.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, personal information or associated selected options to allow us to manufacture a bespoke product. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either;
(a) end the contract (and clause 10.2 will apply) or;
(b) make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result, or;
(c) use our best judgement, based on previous order history or on your stated requirements during the purchasing process, to determine the specification required for your order. For example, we may select a colour choice for you based on the colour choices you have made in the past. In this scenario, we will write to inform you of the decision taken and give you opportunity to correct this assumption.
We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.10 Reasons we may delay or suspend the supply of products to you. We may have to delay or suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
6.11 Your rights if we delay or suspend the supply of products. We will contact you in advance to tell you we will be delaying or suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we delay or suspend it, or tell you we are going to delay or suspend it, in each case for a period of more than 6 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7. Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.7.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have delayed or suspended supply of the products for technical reasons, or notify you we are going to delay or suspend them for technical reasons, in each case for a period of more than 12 weeks; or
(e) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for non-bespoke products bought online or at any other off-premises location you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail as follows:
Right under the Consumer Contracts Regulations 2013 |
14 day period to change your mind. |
Consumer to pay costs of return. |
7.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) bespoke products, being products that have been made to your specifications or are clearly personalised; and
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
7.5 If you are a consumer with a right to change your mind, how long do you have to change your mind? If so you have 14 days after the day you (or someone you nominate) receives the goods.
7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) a percentage of the price calculated as per the following table depending on the date on which you end the contract, as compensation for the net costs we will incur as a result of your doing so:
Cancellation period |
Deduction from refund |
Up to 4 hours after acceptance of order |
No deduction |
Between 4 hours and 24 hours after acceptance of order |
50% |
Over 24 hours after acceptance of order |
100% |
8. How to end the contract with us (including if you are a consumer who has changed their mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by calling customer services on +4428 777 666 24 or email us at contact@seatingmatters.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, or allow us to collect them from you. Please call customer services on +4428 777 666 24 or email us at contact@seatingmatters.com for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an error in pricing or a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
8.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 5-7 working days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, personal specification information for a bespoke product; or
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you a percentage of the price calculated as per the following table depending on the date on which we end the contract, as compensation for the net costs we will incur as a result of your breaking the contract
Time when contract was ended |
Deduction from refund |
Up to 4 hours after acceptance of order |
No deduction |
4 hours to 24 hours after acceptance of order |
50% |
Over 24 hours after acceptance of order |
100% |
10. If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +4428 777 666 24 or email us at contact@seatingmatters.com.
11. Your rights in respect of defective products if you are a consumer BASED IN THE UK
11.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights if you are a consumer based in the UK This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: · up to 30 days: if your goods are faulty, then you can get an immediate refund. · up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. · up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also clause 8.3. |
11.2 In addition to your legal rights, we will provide you with the additional warranty cover outlined in clauses 13.2 to 13.4 that we provide to business customers.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, or allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +4428 777 666 24 or email us at contact@seatingmatters.com for a return label or to arrange collection.
12. Your rights in respect of defective products if you are a business
12.1 If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), any products which are goods shall:
(a) conform in all material respects with their description and any relevant specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
12.2 Subject to clause 13.3, in respect of the Phoenix, Sorrento, Bariatric Sorrento, Atlanta, Monaco, Kids Phoenix and Kids Sorrento products (but not the Milano or Denver product), if:
(a) you give us notice in writing during the warranty period (and in respect of the components listed in clause 13.3 only, during a period of 7 years from the date of delivery) within a reasonable time of discovery that a component of the product does not comply with the warranty set out in clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
12.3 The components which are subject to the seven year frame warranty in clause 13.2 are:
(a) metal base frame;
(b) metal seat frame;
(c) metal black rest frame;
(d) armrest brackets;
(e) cracks or tears in metal work;
(f) leg rest linkages;
(g) all mounting points for gas struts and electric actuators;
(h) all metal fixings and hinges; and
(i) all welds on chair frame.
12.4 Subject to clause 13.5, in respect of the Milano product (but not the Phoenix, Sorrento, Bariatric Sorrento, Atlanta, Monaco, Denver, Kids Phoenix, and Kids Sorrento products), if:
(a) you give us notice in writing during the warranty period (and in respect of the components listed in clause 13.5 only, during a period of 3 years from the date of delivery) within a reasonable time of discovery that a component of the product does not comply with the warranty set out in clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
12.5 The components which are subject to the three year frame warranty in clause 12.4 are:
(a) metal base frame;
(b) metal seat frame;
(c) metal black rest frame;
(d) armrest brackets;
(e) cracks or tears in metal work;
(f) leg rest linkages;
(g) all mounting points for gas struts and electric actuators;
(h) all metal fixings and hinges; and
(i) all welds on chair frame.
12.6 Subject to clause 13.7, in respect of the Denver product (but not the Phoenix, Sorrento, Bariatric Sorrento, Atlanta, Monaco, Milano, Kids Phoenix, and Kids Sorrento products), if:
(a) you give us notice in writing during the warranty period (and in respect of the components listed in clause 13.7 only, during a period of 1 year from the date of delivery) within a reasonable time of discovery that a component of the product does not comply with the warranty set out in clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
12.7 The components which are subject to the one year frame warranty in clause 12.6 are:
(a) metal base frame;
(b) metal seat frame;
(c) metal black rest frame;
(d) armrest brackets;
(e) cracks or tears in metal work;
(f) leg rest linkages;
(g) all mounting points for gas struts and electric actuators;
(h) all metal fixings and hinges; and
(i) all welds on chair frame.
12.8 We will not be liable for a product's failure to comply with the warranty in clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 13.2(a) and 13.4(a) and 13.6(a);;;
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification agreed to by the Customer;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
12.9 Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 13.1.
12.10 These terms shall apply to any repaired or replacement products supplied by us under clause 13.2, clause 13.4 and clause 13.6.
13. Price and payment
13.1 Where to find the price for the product. The price of the product (which includes VAT or any other applicable sales tax, and all applicable duties and import charges) will be the price indicated on the order pages when you placed your order or such other price as may be agreed between us in writing. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.6 for what happens if we discover an error in the price of the product you order. Always request a price for special adaptations or items not listed in the standard price list as prices from previous quotes may have changed.
13.2 Where we have quoted a price for the goods other than in accordance with our published price list the price quoted shall be valid for 30 days only or such time as we has specified in writing.
13.3 Where you are a business customer we reserve the right, by giving notice to you any time before delivery, to increase the price of the goods to reflect any increase in the cost to us which is due to any factor beyond our control (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture).
13.4 Except as otherwise stated during the order process or in our price list, and unless otherwise agreed in writing between us, all prices are exclusive of our charges for packaging and transport.
13.5 We will pass on changes in the rate of VAT or other equivalent sales tax. If the rate of VAT or other applicable sales tax changes between your order date and the date we supply the product, we will adjust the rate of VAT or other applicable sales tax that you pay, unless you have already paid for the product in full before the change in the rate of VAT or other applicable sales tax takes effect.
13.6 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.7 When you must pay and how you must pay. We accept payment with Mastercard, Visa, American Express and most other major credit cards, with some exceptions. When you must pay depends on whether you are a consumer or a business customer and what product you are buying:
(a) If you are a consumer, you must submit payment in full with your order for goods.
(b) If you are a business customer you must pay for the products within 30 days of our invoice.
13.8 We can charge interest if you pay late. The time for payment shall be of the essence. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Lloyds Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.9 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14. Our responsibility for loss or damage suffered by you if you are a consumer
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.1.
14.3 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
15. Our responsibility for loss or damage suffered by you if you are a business
15.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
15.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded.
15.3 Subject to clause 16.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £500,000.
16. How we may use your personal information
16.1 How we will use your personal information. We will only use your personal information as set out in our privacy policy which can be found at https://www.seatingmatters.com/privacy-policy.
17. Other important terms
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer you may transfer our guarantee at clause 13.2 and clause 13.4 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
17.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by Northern Irish law and you can bring legal proceedings in respect of the products in the Northern Irish courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the Northern Irish courts. If you live in England or Wales you can bring legal proceedings in respect of the products in either the English or Welsh or Northern Irish courts.
17.7 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Dispute Resolution Service of the Law Society of Northern Ireland. They will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
17.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Northern Ireland and the courts of Northern Ireland shall have exclusive jurisdiction to settle any such dispute or claim.
18. Customer Testimonial Prize Draw
How to enter
1. Our prize draws and competitions are free to enter and purchase is necessary
2. Seating Matters will not accept responsibility for entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.
3. By submitting an entry, you are agreeing to be bound by these Terms and Conditions. If you have any questions, please contact contact@seatingmatters.com
4. Seating Matters reserves the right to refuse entry, or refuse to award the prize to anyone in breach of these terms and conditions.
18.1 A winner will be chosen by random draw performed by a computer process on a monthly basis
18.2 Competition is limited to one entry per person
18.3 The winner will be notified by email or telephone (using details provided at entry) within 7 days of being chosen and must provide a postal address to claim their prize. If a winner does not respond to Seating Matters within 14 days of being notified, then the winner’s prize will be forfeited and Seating Matters will be entitled to select another winner in accordance with the process described above.
18.4 The prize is non-exchangeable, non-transferable and no cash alternative is offered. Seating Matters reserves the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond the Royal Society's control makes it necessary to do so.
18.5 Unless otherwise stated, the prize draw is open to all except employees of Seating Matters, their families, agents or any third party directly associated with administration of the prize draw.
18.6 Seating Matters reserves the right to hold void, cancel suspend or amend the promotion where it becomes necessary to do so.
18.7 By entering, you agree that any personal information provided by you with your entry may be held and used by Seating Matters or its agents and suppliers to administer the competition.
18.8 By entering, you agree that any personal information provided by you with your entry may be held and used by Seating Matters or its agents to used as promotional material.
(Complete and return this form only if you wish to withdraw from the contract)
To
Seating Matters
131 Carnamuff Rd
Limavady
N Ireland
BT49 9JG
+4428 777 666 24
chairorders@seatingmatters.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
Ordered on [*]/received on [*]: _______________________
Name of consumer(s): _______________________
Address of consumer(s): _______________________
Signature of consumer(s) (only if this form is notified on paper):
_______________________
Date:
_______________________
[*] Delete as appropriate