General Website Terms
David Phillips Company Information
David Phillips Furniture Limited
Registered office: B1: Unit 24-32, London Industrial Park, Eastbury Road, Beckton E6 6LP
Company number: 3670521
Registered VAT number: 858322900
By accessing this Site and/or by placing an Order You agree that the Site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations worldwide regarding the Site and any transactions or activity conducted on or through the Site.
Terms of Sale
The following Terms of Sale apply to all Orders placed with us for all of Our Goods/and or Services please note, Our Consumer Rental Agreement will also apply to all Rental Services. The Consumer Rental Agreement is available on Our Site and will be submitted to the Customer at the time of placing the Order. Our Terms of Sale set out the basis on which We enter into a contract to provide Goods or Services to You.
‘Access Contact’ means the Customer but extends further to any other nominated point of contact facilitating access to the place of delivery (examples include, but are not limited to a tenant, friend, neighbour, inventory clerk, builder or cleaner).
‘Company’ means David Phillips Furniture Limited or any affiliate entity, noting that references to “Our”, “Us” or “We” shall mean David Phillips Furniture Limited or any of its affiliate entities.
‘Customer’ means the person or legal entity that placed any Order or any other agent or person nominated insofar as such other person could reasonably be expected to have the necessary authority regarding the issue in question, including but not limited to, the property owner, an estate agent or property manager or other such authorised person, noting that reference to “You” and “Your” shall mean the Customer.
‘Design Service’ means the expert interior design service offered by Our Company, from the conception stage through to final design and installation.
‘Failed Delivery’ means a failure to meet the agreed delivery date and/or a failure to complete the delivery.
‘Goods’ means the goods ordered on Our Site in accordance with the contract and described in the invoice and/or purchase order to be supplied by Us to the Customer.
‘Local Delivery Zones’ means locations for delivery based in London within the M25 motorway or locations in the North West, including Manchester, Liverpool and associated suburbs.
‘Nationwide Service’ means Our courier service that is available throughout mainland Great Britain outside of the Local Delivery Zones.
‘Next Day Service’ this means our next working day delivery service for in-stock replenishment Goods ordered before 4pm, this service covers Greater London (within the M25 and selected locations just outside), Greater Manchester, Liverpool and selected locations in the north of England.
‘Order’ means the order by You of any Goods or Services from Us.
‘Packages Service’ means Our furnishing service, which includes selected Goods, which comprise our style packages, that are ready to be delivered, assembled and installed.
‘Personal Data’ means information that relates to an identified or identifiable individual
‘Rental Services’ means Our service to provide Goods which comprise our packages on a rental basis, this includes the delivery, assembly and installation of furniture packages. The Goods are retained by the Customer for the duration of the rental agreement.
‘Services’ means the services ordered on Our Site in accordance with the contract and described in the invoice and/or purchase order to be supplied by Us to the Customer, including but not limited to design work, installation of Goods, interior design consultation, customer services, delivery and removal of Goods and administration.
‘Site’ means Our website at www.davidphillips.co.uk. As may be amended and updated from time to time.
‘Terms of Sale’ means these terms and conditions for the supply of Goods that are ordered through Our Site, as amended and updated from time to time.
‘VAT’ means value added tax levied on the sale of Goods and Services in the UK.
Changes to the Terms of Sale
Please note, these Terms of Sale are subject to change from time to time, without prior notice. Any changes will be effective from the date of publication on the Site. Your continued use of the Site following such change(s) shall be deemed to be Your acceptance of such change(s). It is Your responsibility to check these Terms of Sale before ordering Goods and/or Services to determine if there have been changes. If you do not agree with the Terms of Sale and/or any changes You should not order from Our Site.
Electronic Communication and Notifications
Electronic communication such as e-mail is expressly allowed as a means of service for all types of notices and written communications by Us to the Customer.
If You have any queries relating to Our Terms of Sale before placing an Order, please contact Oursales team on firstname.lastname@example.org
Your contract for Orders of Goods and/or Services is with David Phillips Furniture Limited, or any of its affiliate entities and You warrant the following:
- The Personal Data that You are required to provide when You register as a Customer is true, accurate, current and complete in all respects;
- You will notify Us promptly of any changes to Your Personal Data by updating these details on Your account;
- By placing an Order, the person doing so confirms that he or she is authorised to do so by oron behalf of the Customer;
- All Goods Ordered by You are for Your own private and domestic use and are not forcommercial or resale purposes;
- You are over the age of eighteen. If You are under the age of eighteen, you will not be eligible to place an Order and You may only use the Site under the supervision of a parent or guardian;
- The credit or debit card You are using is Your own and that there are sufficient funds in Your account to cover payment of the Goods or Services ordered, together with any other fees or charges when placing any Order for Goods or Services, including but not limited to postage costs and/or return delivery costs;
- You agree not to impersonate any other person or entity or to use a false name or a name that You are not allowed to use. It is a crime to use a false name or a known invalid credit card to place an Order. Any such person or legal entity who undertakes such illegal activity will be prosecuted to the fullest extent by law. We track the electronic 'fingerprints' of every Order placed on Our Site to enable Us, and all legitimate crime prevention and prosecution authorities, to trace individual users engaging in criminal activities on Our Site.
- We reserve the right to terminate any Order and to suspend or terminate Your access to the Site immediately and without notice to You if:
- You fail to make payment to Us when due;
- You otherwise breach any of Our Terms of Sale in any material respect;
- When requested by Us to do so, You fail to provide within a reasonable timeframe, sufficient information to enable Us to determine the accuracy and validity of any information supplied by You, or Your identity; orWe suspect You have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity;
- You agree fully to indemnify, defend and hold Us, Our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, (including legal fees), arising out of or in connection with any breach of the Siteby You or any other liabilities arising out of Your use of this Site.
Geographical areas covered
Our Next Day Service, Packages Service, Design Service and Rental Services are available throughout Our Local Delivery Zones. Details of these Services are given below:
- London. Properties inside the M25 motorway.
- North West. Manchester, Liverpool and associated suburbs.
- Outside of these zones, Our Services may be available by enquiry. Longer lead times and delivery charges may be applicable.
Stock availability and pricing
All Goods are subject to availability. We will use reasonable endeavours to ensure that all Goods quoted are available to be delivered on the expected date of delivery.
We reserve the right to discontinue any listed or quoted Goods without notice, either temporarily or permanently. We are not liable for any modification, suspension or discontinuation of any listed or quoted Goods.
Not all Goods or promotions on Our Site will necessarily be available to those ordering by telephone or through other offline channels of communication. Where Goods and/or Services are unavailable within the agreed delivery deadline, an equivalent substitute will be offered. At the Customer’s election, we will deliver the original ordered Goods separately if and when such Goods are nextavailable in stock. If neither option is acceptable to the Customer, we will refund the full value of the Goods. See the Contract Cancellation and Consumer Contract Regulations and Remedies for Incorrect Orders sections of these Terms of Sale for further information on cancellations and refunds.
We make every effort that all prices are accurate on Our Site and that Our Site is updated from time to time in furtherance of the same. We aim to ensure that all brochure prices are correct at the time of going to print, but these prices are liable to change. We will correct any errors once we become aware of them. If any such error has affected a Customer's Order, we will inform the Customer as soon as reasonably practicable. The price on our Site and catalogue price may differ. We reserve the right to adjust listed prices without notice.
- Quotations are valid for thirty (30) calendar days and are exclusive of VAT. Prices will be honoured during this period where Goods and/or Services remain available.
- Beyond this period, the prices (excluding VAT) and Goods and Services available are liable to change.
- Where applicable, a signed quotation must be received before an Order is raised.
- Payment of the agreed amount must be made in full (without deduction or set-off) before any Order is processed.
Additional Terms of Sale & amendments
Additional terms or clarification of these Terms of Sale may be added or amended by other documents or correspondence provided to You. You will be deemed to have accepted any such new terms or clarification in the same way as the Terms of Sale.
Where such new terms conflict with these Terms of Sale, the Terms of Sale shall take precedence.
You are deemed to have accepted these Terms of Sale either by explicit acceptance, or by continuing to engage in business with Us.
Customers should ensure that they understand and accept these Terms of Sale before placing an Order. If there are any questions, customers are invited to contact our sales team for clarification prior to ordering: email@example.com.
Invoices, Site Orders and quotations and various other documents refer to these Terms of Sale. Placing such an Order or receiving such a document is deemed to provide notice of these Terms of Sale.
- Payment must be made in full at the time of placing the Order.
- Orders will not be scheduled for delivery until the required payment has been received in full.
- For Orders paid by credit and/or debit card, we reserve the right to request to check the card, receive proof of identification and to obtain a signature to confirm payment is due before processing the payment and/or carrying out the delivery.
- Where another payment method is used, we reserve the right to wait until payment has cleared in full before delivery of the Goods.
- Order confirmations will be sent on request before delivery. This will normally be via e-mail to the Customer billing contact.
- Invoices will be sent to the Customer’s nominated billing contact. Unless requested otherwise, this will be by e-mail.
- We reserve the right to invoice part-shipped Orders. Payment in full must take place prior to delivery. We will provide a tax invoice.
- All invoices are payable prior to delivery. The invoice date and the due date are shown on the invoice.
- All Goods remain Our property until payment in full has been received. This includes payment of any charges associated with the Order.
- Where payment is not received in accordance with the Terms of Sale, the Company will be entitled to pursue any legal rights to recover the sums due. The costs of any such legal action, including any pre-litigious activity and any enforcement will be added to the debt. Where the Goods are recovered, all costs of recovery will be added to the outstanding debt.
- The Company reserves its right to assign the rights and obligations arising, including debt obligations, under any contract pursuant to these Terms of Sale.
Placing an Order
- When placing an Order, You warrant that any and all information given is accurate and complete.
- All Orders are subject to Our acceptance and Goods availability.
- All prices listed on Our Site are correct at the time of entering the information, however, we reserve the right to change prices of any Goods at any time. All prices exclude VAT.
- The contract for the sale of any Goods and/or Services will exist between You and Us when we confirm acceptance of Your Order in writing and dispatch the Goods to You. Unless we have notified You that we do not accept Your Order or You have cancelled it in accordance with the contract cancellation instructions as set out in these Terms of Sale.
The delivery period which You will receive for Your Order is approximate. Time for delivery shall not be of the essence of the contract and while every reasonable effort will be made to comply with such dates compliance is not guaranteed and the Customer shall have no right to damages or to cancel the Order for any cause to meet any delivery date(s) stated. Goods will be sent to the address given by You in Your Order. We will always endeavour to notify You if certain Goods are out of stock and offer You available and suitable alternatives.
We accept most major credit and debit cards.
All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of Your payment card refuses to authorise payment to Us, we will not be liable for any delay or non-delivery of Goods and/or Services.
If You have not submitted an Order, You may clear the Goods and/or Services in Your shopping basket at any time prior by clicking the 'Remove' button next to the Goods Ordered in Your shopping basket.
If You have submitted Your Order and received Your confirmation email from Us, You may still be able to cancel Your Order up to seven (7) working days from the date of placing Your Order. Please email Your cancellation request marked 'URGENT CANCELLATION' to Our sales team, including Your name, address, Goods Ordered and Order code on the email. Cancellation of Orders after confirmation is subject to agreement at Our discretion.
VAT will be charged to Customers buying Goods and Services for delivery to a UK address at the prevailing standard rate. The VAT charges will be calculated and added to your invoice.
For goods and Services delivered outside of the UK a different tax regime may apply. Please contact Our sales team for further information: firstname.lastname@example.org.
Contract cancellation and Consumer Contract Regulations
Consumer Contract Regulations: this legislation offers You the following cancellation rights when You buy online or by phone:
- You are entitled to cancel Your contract if You so wish, provided that You exercise Your right no longer than fourteen (14) days after the day on which You receive the Goods.
- Your right to return or cancel Goods does not apply to Goods that are made to measure or are made to Your specification, or that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. This doesn't affect Your statutory rights if Goods are proven to be faulty or not as described, in such cases you should return the bespoke Goods to Us at Your cost.
- If You wish to exercise Your right of cancellation, You are obliged to retain possession of the Goods and take reasonable care of them.
- To exercise the right to cancel, You must inform Us of Your decision to cancel by a clear statement, including details of Your name, geographical address, details of the Order You wish to cancel and, where available, Your phone number and email address.
- If You decide to cancel, save where the Goods are proven to be defective, You should return the Goods to Us at Your cost within fourteen (14) days of such cancellation and we will reimburse to You (by the method used to pay for the original transaction) the amount in relation to Goods to which cancellation rights apply. The Goods must be returned to Our warehouse in exactly the same condition as they were delivered. In the case of defective Goods, We will not charge You to collect the Goods, or we will reimburse the charges incurred to return the Goods.
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling or damage by You. We will make the reimbursement no later than fourteen (14) days after the day we receive back from You any Goods supplied. Please follow the steps set out in Our returns procedure.
Remedies for incorrect Orders
In the unlikely event that You receive incorrect Goods or Services or Goods that are of a different quantity to those stated on Your Order form, We shall make good by replacing or refunding to You the amount You paid for the Goods in question provided that You notify Us of the problem in writing at the address stated in the confirmation e-mail within ten (10) working days of delivery of the Goods plus return the Goods to Us at Your cost, if We request You to. The method of resolution will be at Our discretion. This does not affect Your statutory rights. We have taken every reasonable measure to provide accurate images for the Goods for sale on Our Site. However, due to a number of mitigating factors such as internet browsers, monitor colour contrasts etc., We cannot be held responsible or liable for any colour discrepancies or visual differences between the image on Our Site and the actual Goods delivered to You.
If an error is discovered in the price of the Goods that You have ordered, We will inform You as soon as possible. If You order Goods and the price published on Our Site is incorrect for any reason, We will contact You to let You know the correct price and ask You whether You still wish Us to fulfil Your Order at this price. We shall be under no obligation to fulfil an Order for Goods that was advertised at an incorrect price. We shall give You the option of confirming the Order at the correct price, or if You choose, to cancel the Order altogether. If You cancel and have already paid for the Goods in the circumstances described in this clause, We shall refund the full amount within thirty (30) days of the date of placing the Order.
Limitation of Liability
The Goods sold on Our Site are provided for private domestic and Customer use only. Accordingly, We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any Goods or Services purchased from Us.
We have taken every reasonable measure to prevent internet fraud and ensure any data collected from You is stored as securely and safely as possible. However, We cannot be held liable in the unlikely event of a breach in Our secure computer servers.
We make reasonable endeavours to ensure (but grant no warranty) that Our Site will be uninterrupted, timely or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, or reliability of the Site. We will not be liable to You for any loss of content or material uploaded or transmitted through the Site.
Our total aggregate liability to You will not exceed the price paid for the Goods and/or Services and any other charges relating solely to the Goods and/or Services.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
- Any economic or consequential losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
- Any loss of goodwill or reputation; or
- Any special, consequential or indirect losses suffered or incurred by the Customer or any other party, including but not limited to, loss of revenue, profit, savings, goodwill, business opportunity or injury to reputation.
No liability will be accepted for any losses incurred by any associates, clients, partners, companies or any other person or legal entity related to You as a Customer.
We do not accept any responsibility for any losses due to a failure to deliver and install Goods and supply Services within the agreed timescales, where we have made reasonable efforts to do so. This would also apply in cases where the Goods are found to be faulty or damaged or any similar reason or where the Company attempts to make delivery on an agreed day regardless of whether this is outside of the expected delivery window, and in circumstances where the Goods or Services are unavailable but a suitable alternative has been offered.
We do not accept liability for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed Goods and Services.
We give no warranty protection in relation to the Goods and/or Services.
This does not affect Your statutory rights as a consumer, nor does it affect Your contract cancellation rights.
Nothing in the Terms of Sale shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of Our servants, agents or employees.
Warranty of repair or replacement for defects in the Goods
We offer a warranty where Goods are found to be defective, We will replace defective Goods free of charge within the warranty period (as described below), subject to the following conditions, relevant lead time(s) and stock availability.
The warranty period commences upon the date of delivery of the Goods and unless otherwise specified, We warrant that all Goods will provide a minimum of six months of normal, residential use. We may offer a longer warranty period on certain Goods which will be specified on the Company's official sales information pages for the Goods. The warranty is limited to defects due to faulty design, materials and workmanship, it excludes damage to fabrics, or other surfaces arising from normal wear and tear, misuse or neglect or where damage has occurred due to events outside of Our control, including but not limited to flooding or changes to the condition of Your property.
Where Goods develop a fault within the applicable warranty period, the Customer should notify Us in writing immediately upon the defect becoming apparent with full details, including the make and model, the date purchased and photographs of the fault. We may request to inspect the Goods before confirming that the Goods can be returned. If the fault is covered under the warranty We will arrange for Goods to be repaired or replaced, such resolution is at Our sole discretion, this does not affect your statutory rights.
Unless We specifically confirm otherwise in writing before an Order is placed, We do not warrant that any Goods are suitable for commercial property use, or for business purposes. Such a warranty can be requested by placing special and bespoke Orders by prior inquiry.
The Terms of Sale outlined in this returns policy apply to any Orders from Us.
The Customer may return any standard stock Goods for any reason whatsoever within fourteen (14) days of the delivery date. Where the Good(s) are immediately rejected at the time of delivery we reserve the right to charge a collection fee to return the Goods.
Customers are entitled to return any Goods, including non-standard Goods, within fourteen (14) days of delivery if they do not match the description on Our Site in any material respect.
Customers may return Goods in person to any of Our warehouses. No collection fee will apply to such returns. You must contact Us in advance with all necessary details of the return to make mutually satisfactory arrangements for such return(s).
The return of any Goods by post or courier or otherwise is at the Customer's expense and risk. If We accept that the Goods are faulty and covered We will arrange the Goods to be returned. We will not accept any cost for the return delivery unless explicitly approved in writing in advance.
Within the Local Delivery Zones, We can arrange a collection of Goods. Unless the Goods are accepted to be irreparably faulty and under guarantee, a collection fee may apply. Any charge will be agreed with the Customer before arranging the collection. Collections will be arranged in the normal course as set out for deliveries.
All Goods must be returned in the packaging in which they were left by the delivery team. (E.g. mattresses should be returned in the original bag.) For the Nationwide Service, this must be the original manufacturer's packaging. Any manufacturer's warranty documents or instructions must be included (such as for appliances). Unless faulty, any Goods to be returned must be in new condition and unused.
Refunds will be not be offered for any Goods that have been assembled, whether by Our operations team or otherwise (e.g. frame beds and flat-packed wardrobes), or for any bespoke Goods, or other non-standard Goods that was ordered specially for the Customer. This restriction does not apply where the Goods are found to be faulty within the warranty period.
Where payment for the Goods was made by credit card, any refund may be made to the same card without any other notification.
The value of the refund will be the price paid for any returned Goods less any charges for damage to the Goods while in the Customer's possession. Any collection charge or other such fees as specified in these Terms of Sale will be deducted from the refund.
Submission of contact information
While using the Site, You may choose to submit Personal Information through email or on-line forms. We will use this information to process Your requests. We will not intentionally sell, share, or distribute Your Personal Information to third parties, except as required by law.
Intellectual Property and Copyright
All copyright, trademarks and all other intellectual property rights in all material or content of the Site are owned or controlled by Us. In accessing the Site, You agree that You may only download the content for Your own individual and non-commercial use. Any other use of the material and content of the Site is strictly prohibited. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the Site for any other purpose whatsoever without the prior written permission from Us.
In accordance with Our GDPR, Privacy and Personal Security Policy, We will not pass on Your personal, credit, or debit card details to any third party without Your prior and express permission.
We are insured for public liability, employer's liability and product liability. Copies of the certificates are available on request.
Third party information
We cannot be held responsible for material displayed on third party websites or any other written material. The only prices that apply for Our Goods are those stated on the Site. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party.
No waiver by Us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Terms of Sale shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Severance and survival
If any part of the Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms of Sale and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Sale.
We shall have no liability to You for any delay in the delivery of Goods ordered or any other matters to the extent that the delay is due to any event outside Our reasonable control, including but not limited to acts of God, disease, epidemic, pandemic, war, flood, fire, labour disputes, strikes, lock- outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
These Terms of Sale govern Our relationship with You. In this way, We can avoid any problems surrounding what We are expected to do. You confirm that, in agreeing to accept the Terms of Sale, You have not relied on any representation save insofar as the same has expressly been made a term of these Terms of Sale and You agree that You shall have no remedy in respect of any representation. Your statutory rights are not affected. Nothing in this clause shall limit or exclude Our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Terms of Sale.
Exclusion of the rights of third parties
A party who is not a party to this contract for the Order of Goods and/or Services in accordance with these Terms of Sale has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms.
Governing Law and Jurisdiction
The Terms of Sale shall be governed by and construed in accordance with the laws of England and You hereby agree and unreservedly and irrevocably submit to the exclusive jurisdiction of the courts of England.
Customer Access Obligations
Once a confirmed Order and the required payment have been received, and once We have confirmed that all the Goods will be available, the delivery will be scheduled with the Access Contact.
By engaging Us to carry out any work, the Customer confirms legal entitlement to do so. In particular, the Customer warrants entitlement to grant access to the Customer’s property and to make any required alterations to it.
Arrangements can be made to meet the Access Contact directly at the Customer’s property.
Alternatively, We may agree to collect keys from an Access Contact in the vicinity of the delivery address, meaning within the same post code or one postcode immediately adjacent. Key collection further afield from the property may incur an additional fee due to the administration involved.
We will return the keys to the same Access Contact or to any other nominated contact in the vicinity as per agreement with You. This will normally be on completion of the delivery unless otherwise requested. Where it is not practicable to do this, We may be able to make an alternative arrangement with You to return them at the earliest reasonable opportunity.
There must be road access available to the Customer’s delivery property for commercial vehicles. Parking must be available within a distance that is reasonable in relation to manually carrying all the Goods that are to be delivered and removed.
The property must be in suitable condition to allow delivery of the Goods ordered. This means that the property must be free from any relevant health and safety hazards. Any flooring, carpeting, electrical, plumbing or other such work in the areas where Goods are to be delivered must not impact the feasibility of Our delivery operation. Any building or refurbishment work that may affect the delivery must be completed throughout the delivery route (e.g. all paint must be dry), staircases and lifts must be in working order, or if this is not the case notified to Us prior to the delivery date. There must be space within the property sufficient to deliver and install the Goods.
Customers are responsible for checking the dimensions of any Goods ordered to ensure that there will be adequate space for access to lifts, staircases, hallways, doorways, etc. as well as in the space where the Goods are to be placed.
All staircases and lifts to be used for access to the property must be accessible and available throughout the scheduled delivery time. The Customer is responsible for making the appropriate bookings prior to Our delivery.
We will use reasonable endeavours to complete any delivery or removal as far as is reasonably practicable. We reserve the right to refuse to carry out any delivery that We deem to be unreasonable, or unsafe. In such cases, We will attempt to contact the Customer to arrange an alternative delivery solution.
Should a failure to meet any of the delivery requirements listed prevent Us from completing the delivery using reasonable means, the Customer is liable to pay a charge towards the costs of the Failed Delivery. See under Failed Deliveries below for further details.
If the delivery team believes that delivery of Goods to the Customer's room of choice may cause damage to the Goods, or property, or infringe health & safety regulations, We will inform You. In such circumstances, We will not be liable for any damage to the Goods or the property as a result of attempting installation on the Customer's instructions. We reserve the right to decline or reschedule the delivery.
This clause details general access obligations, which apply to all of our Services. Access arrangements for each Service also include some specified instructions, which are detailed under the ‘access arrangements’ clause for each Service, this includes, Next Day Installation Services, Nationwide Services, Packages and Design Services and Rental Services.
Where an Access Contact is at the property, We require the person to sign to confirm satisfactory receipt of the Goods. If this Access Contact is dissatisfied in any way with the delivered Goods, this should be recorded on the form at the time of delivery. Likewise, any rejected or missing Goods should be noted on the form at the time of delivery or within 24 hours from delivery.
Where We are engaged to collect keys, We will require a signature to confirm they have been returned. Such signature does not confirm any acceptance of the Goods delivered.
As part of the Next Day Service, home appliances will be connected unless specifically requested otherwise, subject to the required connections, wiring and electric supply being available in accordance with the manufacturer’s instructions and other relevant regulations. If We have to return to Your property to connect an appliance because the necessary conditions for a safe installation were not in place at the original scheduled time of delivery, a charge may be payable as described under the ‘Failed Deliveries’ section below.
Please note, We are unable to offer installation services to connect gas appliances, or carry out any tasks that require a gas registered plumber, or electrician.
We normally leave refrigerators switched off on delivery. Most manufacturers require that they be left standing for several hours after transportation before being used.
Packaging & waste removal
As part of Our delivery service, subject to the following paragraph, packaging and waste from the Goods that We deliver to You will be removed by Us for recycling or disposal.
We are unable however to offer this service as part of Our Nationwide Courier Service.
Removal & disposal of unwanted Goods
David Phillips holds a waste carrier licence.
We may consider a request to remove and dispose of any unwanted Customer property on a like- for-like basis at Our discretion. This is limited to property of equivalent size and weight to the Goods(s) that We have delivered. We will not be able to take any Goods that require a plumber or electrician to disconnect or any that require specialist tools, plumbing or handling.
All Customer property must be disconnected, clearly accessible and ready for removal and disposal at the time of delivery. For example, refrigerators must be empty. Beds must be free from linen unless it has been clearly stated by the Customer during the Order process that is to be removed with the bed. All personal property must be removed from the Goods (e.g. tops and drawers must be clear). All Customer property for removal must be free from pest infestation, or any other health and safety hazard. We will not accept liability for any personal property left inside items requested for removal.
It is a legal requirement that each item of Customer property to be taken away must be specified in advance so that We can raise a waste transfer notice. As such, the details must be given at the time of Order placement. For refrigerators, it is necessary to specify for each item whether it contains Chlorofluorocarbons (CFCs). Without this information, We cannot remove them.
Any Customer property that is not ready for disposal as described here at the time of delivery will not be removed. If We are asked to return at a later date to remove property not ready for disposal on the original delivery date, this may incur a further charge in addition to the standard removal and disposal charge.
Where We are instructed to dispose of any property, the Customer confirms that he is the owner or that he is duly authorized by the owner. The Customer indemnifies Us against any claim We are not entitled to carry out the instructions.
We also reserve the right to refuse to collect any item We believe constitutes a health and safety risk to Our employees, or anyone working on Our behalf.
Cancelled or rescheduled Orders
Unless agreed otherwise in writing, an Order can be rearranged, or amended without additional cost at any time before the delivery is scheduled. Any additional payment is required before the Order will be processed. Any refund due will be paid once the Order is invoiced.
To cancel either an entire Order or any Goods from an Order, the Customer should contact Us, quoting the Order number and delivery address.
Where an Order is cancelled at any time before the delivery is scheduled, a full refund will be given. See below regarding non-standard Goods.
Once a delivery has been scheduled with the Customer or Access Contact, any cancellation, amendment or rearrangement is liable to incur a charge towards the cost of the rejected delivery (for a cancellation or rescheduling) or the need for an additional delivery (for an amendment). See also under Failed Deliveries below.
Where the Company is unable to deliver any ordered Goods and/or Services in accordance with these Terms of Sale, any Goods and/or Services so affected may be cancelled from the Order without charge.
Special & bespoke Goods
We are able to order special or bespoke Goods for You.
We will not order such Goods from Our suppliers until We have received a confirmed Order and payment.
Such non-standard Goods may require a longer lead time. The estimated lead time will be notified upon Order. Delivery will be scheduled for a date after all Goods are due to have been received, unless otherwise agreed with You.
Where such Goods are returned, We will offer a refund only if We deem it to be faulty or damaged and where it is covered under Our warranty. We will not be able to refund any cancelled Orders for such Goods once We have placed a confirmed purchase order with Our supplier.
Where We fail to carry out a delivery or are unable to complete any contracted work for any reason before the agreed delivery deadline, We will attempt to notify You at the earliest opportunity to agree a solution.
Where any such failure results from failed access or some other matter for which You or the Access Contact is responsible, a charge may be payable.
Failed deliveries will be rescheduled in the normal course as set out below.
If You cancel the Order, a refund will be made in accordance with these Terms of Sale. Where applicable, the failed delivery charge will be deducted from the refund.
If it appears that Goods have not been delivered and We have not been in contact with You, You should notify Us at the earliest opportunity. Where We accept that an Goods have not been delivered, the options available for any other failed delivery will apply. In case of a dispute, We may reject any such claim if You signed for receipt of the Goods. Where You were not present, We will be entitled to reject any claim made more than 7 days after invoice issue date.
Next Day Installation Service Offering
- Goods will be delivered to the Customer's room of choice by uniformed and trained David Phillips installation staff.
- Goods will be assembled and installed unless specifically instructed otherwise.
- All packaging material from the Goods will be removed in accordance with Our packaging and waste removal processes.
- Specified unwanted Goods can be removed on a like-for-like basis as set out herein.
- Appliances are connected and tested as set out herein.
- This service does not include dressing the property. No Goods will be hung or attached to the walls, nor will any work be carried out that affects the fabric of the property or any other furniture already there.
- If no room is specified either at the time of delivery or beforehand, the delivery team will use its discretion to determine where to place the Goods. The Company does not accept any liability if the Customer is unhappy with the exercise of this discretion; We can return to move the Goods but a charge may be payable for this service as for other Failed Deliveries for which We are not liable.
Confirmed paid Orders placed before 16:00 can be arranged for delivery on any specified working day from the next working day onwards.
Deliveries on Saturdays can be arranged subject to additional payment of the relevant charge.
Whilst a particular delivery window during the specified delivery day may be requested, We cannot guarantee that We will be able to meet this request.
The estimated delivery period will be notified to the nominated Access Contact on the day before delivery.
By request, the Access Contact can be given reasonable notice of the delivery. Such information is invariably an estimate. The Company cannot accept any liability for any consequences if it transpires that the estimate was inaccurate.
Geographical areas covered
This service is available as standard throughout Our Local Delivery Zones.
It may also be available outside of these areas by agreement. See above for details.
For full details please refer to the Customer Access Obligations herein. Please note the following additional obligation relating to Next Day Installation Services only: The Access Contact must confirm that access to the property will be available on the prospective delivery day no later than 16:00 (i.e. 4pm) on the prior working day. If access details are not confirmed by this time, the Order will not be scheduled for delivery. We will then attempt to contact the Access Contact to reschedule the delivery.
David Phillips Packages & Design Services
Enhanced Consultation & installations service for furniture packages
A consultant will provide advice and guidance on how to furnish the Customer’s property to best effect. A site survey will be conducted on request for any property within the Local Delivery Zones.
Packages deliveries will be carried out by specialist personnel who are experienced in providing this enhanced service.
All Goods will be delivered and set up in accordance with the Customer's request where possible or any agreed scheme.
If bed linen is ordered, beds will be dressed (unless requested otherwise).
If any prints or mirrors are ordered, these will be hung (unless requested otherwise).
Any accessories purchased from Us will be laid out appropriately to dress the property in accordance with Our installation standards (unless requested otherwise).
All of the features of the Next Day Service offering are applicable except terms associated with lead times.
Enhanced design service
- Where appropriate, We will offer a design service for an additional charge. This incorporates all of the features of the Packages Service.
- A designer or a consultant will survey the property to advise on how best to achieve Your goals.
- Our Design team will produce a design scheme for the property to accompany any quotation.
- Our Design team will recommend (and can ultimately order) any bespoke or special Goods that may be required.
- A designer, consultant or inspector will supervise the installation.
Geographic areas covered
These Services are available as standard throughout our Local Delivery Zones.
They may also be available outside of these areas by agreement. See above for details.
We will endeavour to deliver and install a furniture package within two weeks of receipt of a signed Order confirmation and the payment.
The lead time may be increased if access is not available throughout this period. See above for more details on access. A longer period may also be required for multiple or large Orders.
Where special or bespoke Goods are ordered, a longer lead time may be required. See above for more details. This will normally be the case for Design jobs.
The lead times described here apply to deliveries within Our Local Delivery Zones. See above for addresses outside these areas.
For full details please refer to the Customer Access Obligations.
Please note the following additional obligation relating to David Phillips Packages and Design Services only:
A delivery period is required to complete the delivery, installation and dressing of the property (Delivery Period). The Delivery Period will be within the agreed lead time unless, agreed otherwise with You or the Access Contact.
The Delivery Period is normally three working days. For large Orders, a longer period may be necessary. If so, We will advise the Access Contact in advance. Where access is not available throughout the Delivery Period, it may be necessary to extend the Delivery Period accordingly.
A delivery refers to one property. For multiple Orders or developments, a separate Delivery Period will be arranged for each property.
The availability of Delivery Periods is limited. If the Customer or Access Contact needs to reschedule, a further lead time will apply to the rescheduled Delivery Period.
David Phillips Rental Service
Orders of Goods for rental will be delivered and installed as per Our Consumer Rental Agreement.
Furniture hire agreement
All Rental customers are required to sign a Consumer Rental Agreement. This explains in detail the responsibilities of both parties. In the event of a conflict the terms of the Consumer Rental Agreement will take precedence.
David Phillips nationwide service
Nationwide courier service
Orders are delivered by a third-party courier.
Subject to a minimum Order value as set out on Our Site. Below this sum, arrangements can be made subject to agreement. A delivery charge may be payable.
Our installation service is not applicable as this is purely a delivery service. Delivery will be made to Your room of choice.
Goods will be left in their packaging and not assembled. Appliances will not be connected or tested. No unwanted Goods will be removed.
Cancellations: Where the courier has been booked, a charge for the delivery will be deducted from any refund. See also above regarding refunds and cancellations.
Damaged Goods. Any damaged or faulty Goods must be returned complete in their original packaging to Our warehouse. See also above regarding returned Goods.
Goods may be returned if unwanted or incorrect. We must be notified in writing within seven days of delivery. They must be returned unopened in the original packaging. Where the Goods were delivered as ordered, charges for delivery and collection may be deducted from the refund.
Deliveries or collections will normally be made within fourteen (14) days, but may be longer for some Orders. In remote areas, delivery may be up to twenty-one (21) days.
For full details please refer to the Customer Access Obligations herein.
Please note the following information relating to David Phillips Nationwide Services only:
Access will be carried out by the courier company. They will liaise with the nominated Access Contact in accordance with their standard procedures. Details of these are available on request.
Online reductions - special terms
Special Terms of Sale applicable to online reductions concerning ‘sale’ category Goods:
1. Goods within the online ‘sale’ category cannot be purchased alongside any existing offer or promotion.
2. All Goods have previously been available online for a period of one month before being applied a sale price.
3. Sale prices applicable while stocks last, We reserve the right to terminate the sale pricing at any time.
Free Delivery Offer
Terms of Sale for Free Delivery Offer:
1. These Terms of Sale apply for customer using Our residential replenishment Services for delivery of replenishment Goods and Services within the Motorway 25 (M25) region. These include the following postcodes;
BR1 BR2 BR3 BR4 BR5 BR6 BR7 BR8 CR0 CR2 CR3 CR4 CR5 CR6 CR7 CR8
DA1 DA14 DA15 DA16 DA17 DA18 DA2 DA5 DA6 DA7 DA8
E1 E10 E11 E12 E13 E14 E15 E16 E17 E18 E1W E2 E3 E4 E5 E6 E7 E8 E9
EC1A EC1M EC1N EC1R EC1V EC1Y EC2A EC2M EC2N EC2R EC2V EC2Y EC3A EC3M EC3N EC3R EC3V EC4A EC4M EC4N EC4R EC4V EC4Y
EN1 EN2 EN3 EN4 EN5 EN6 EN8 EN9
HA0 HA1 HA2 HA3 HA4 HA5 HA6 HA7 HA8 HA9 IG1 IG10 IG11 IG2 IG3 IG4 IG5 IG6 IG7 IG8 IG9
KT1 KT10 KT11 KT12 KT13 KT14 KT15 KT16 KT17 KT18 KT19 KT2 KT20 KT21 KT22 KT3 KT4 KT5 KT6 KT7 KT8 KT9
N1 N10 N11 N12 N13 N14 N15 N16 N17 N18 N19 N2 N20 N21 N22 N3 N4 N5 N6 N7 N8 N9 NW1 NW10 NW11 NW2 NW3 NW4 NW5 NW6 NW7 NW8 NW9
RH1 RH9 RM1 RM10 RM11 RM12 RM13 RM14 RM15 RM19 RM2 RM20 RM3 RM4 RM5 RM6 RM7 RM8 RM9
SE1 SE10 SE11 SE12 SE13 SE14 SE15 SE16 SE17 SE18 SE19 SE2 SE20 SE21 SE22 SE23 SE24 SE25 SE26 SE27 SE28 SE3 SE4 SE5 SE6 SE7 SE8 SE9
SM1 SM2 SM3 SM4 SM5 SM6 SM7
SW10 SW11 SW12 SW13 SW14 SW15 SW16 SW17 SW18 SW19 SW1A SW1E SW1H SW1P SW1V SW1W SW1X SW1Y SW2 SW20 SW3 SW4 SW5 SW6 SW7 SW8 SW9
TN14 TN16 TW1 TW10 TW11 TW12 TW13 TW14 TW15 TW16 TW17 TW18 TW19 TW2 TW20 TW3 TW4 TW5 TW6 TW7 TW8 TW9
UB1 UB10 UB11 UB2 UB3 UB4 UB5 UB6 UB7 UB8 UB9
W10 W11 W12 W13 W14 W1B W1C W1D W1F W1G W1H W1J W1K W1S W1T W1U W1W W2 W3 W4 W5 W6 W7 W8 W9
WC1A WC1B WC1E WC1H WC1N WC1R WC1V WC1X WC2A WC2B WC2E WC2H WC2N WC2R WD17 WD18 WD19 WD23 WD24 WD25 WD3 WD4 WD5 WD6 WD7
2. Free delivery only applies when spending a minimum of £250+VAT in one single confirmed Order, on replenishment furniture as sold on Our ‘Shop Now’ section of the Site.
3. Services and Goods excluded from the free delivery include Rental Services, interior design Services including Milc, property staging and show home staging, Packages and Design Services and window treatment installation Services. Additional Services including installation of white goods, removal of furniture and white Goods are excluded from the free delivery offer and normal charges for these Services will apply.
4. Free delivery applies from 21st May 2018 until further notice.
5. Free delivery will apply to Order(s) placed over the phone with Our sales, customer service and sales support teams and placed on Our Site. Delivery charges will be removed when Your Order is placed providing the Order value is over £250+VAT, furniture is ordered from Our replenishment range and the delivery address is within the M25 London region.
6. When the Order is placed You will be advised of the estimated delivery date. The day before delivery, We will confirm the delivery time frame.
GDPR, Privacy & Personal Data Security
Policy Statement Introduction
David Phillips is the leading specialist furniture services provider in the UK. We work across the property sector from residential housing through to retirement living developments and student accommodation. We work with many Private, Public, and Third Sector organisations and individuals including investors, landlords and private customers; property managers and agents; residents and tenants; porters and building managers; developers, construction companies, build-to-rent investors and other property providers as well as all Our suppliers, employees and others who facilitate Our services.
Providing Our furnishing services involves entering private properties. That requires trust. We take that duty very seriously. Trust is fundamental to everything that We do, and one aspect of that trust is the security and privacy of all personal data.This statement gives an overview of Our commitment to You and shows how We fulfil Our responsibilities under the relevant legislation including the UK’s Data Protection Act (DPA) and the EU’s General Data Protection Regulation (GDPR).
Pleaseemail GDPR@davidphillips.com if You have any questions about Our policies or about Your personal data.
Personal Data Held
- Our overriding principle is that We treat all personal data as confidential.
- We comply with all relevant legislation including the DPA & GDPR. Our Data Protection Officer is responsible for implementing policies to ensure legal compliance and to ensure that We maintain the high standards of confidentiality, privacy and security necessary to maintain the trust of Our customers and all others with whom We work.
- We are registered with the Information Commissioner’s Office (ICO) as a Data Processor: No. ZA245481.
- The great majority of personal data We gather is required to fulfil Our Services. For customers and potential customers, We gather the data relevant to processing their Orders and managing accounts such as name, address, email, phone numbers and Site. This data is provided by Our customers, suppliers and other affiliates related to providing the Services.
- Reflecting the diverse nature of Our customer base and the other contacts with whom We work, We hold ‘company contact’ information relating to the legal/billing entity with whom We trade. We also hold ‘person contact’ data relating to individuals within the organisation with whom We interact. (NB where We trade with a private individual, the company contact data may be the same as for the person contact.)
- We typically obtain data directly from Our customers and contacts by phone, email or in person. We also obtain data from Site, enquiries, responses to marketing campaigns and publicly available sources. Third parties provide personal data such as where We are engaged by an agent on behalf of their client; in this case We check that consent has been provided by the subject to share the data.
- We do not hold data on children.
- Personal data and consent information is held primarily on Our Microsoft Dynamics CRM/ERP system. It is also held within Our GDPR-compliant Microsoft Office 365 and Azure system and subject to Our policies and safeguards. David Phillips and Our third-party system providers offer very high levels of enterprise-grade system security. The providers are contractually required to manage all data in accordance with demanding confidentiality agreements.
Use of Personal Data
- We use personal data to provide Our Services effectively and efficiently. This includes sending quotes, Orders, invoices & statements, usually by email and resolving any queries. We will contact the relevant person using the most appropriate means in the circumstances. We may take photographs of installations to demonstrate fulfilment or show any issues identified. We use the data for processing payments and conducting credit checks where applicable.
- We use anonymised data for general analysis purposes. Any analysis containing any personal data is treated as confidential and subject to Our privacy policies.
- We do not provide personal data to any third parties except where necessary to fulfil Orders. Any subcontractors with whom We may share personal data have contractual obligations to meet Our safeguarding requirements. We may also share personal data with relevant authorities where required by law but only to the extent required.
- Personal data unrelated to the customer that is shared with Us purely to fulfil Orders, such as access contact information, is treated confidentially. We will not use this for any other purpose.
- Before sharing any personal data in the instances above, We will ensure that the other party is compliant with the regulations and Our policies. Personal data is provided only where it is needed and on the basis that no consent is given to hold the data beyond the transaction in question or to use it for any other purpose.
- Where the required consent has been given, David Phillips Group companies may use Your data for basic sales or marketing. We do not share any personal data with any third parties for marketing except outsourced marketing on Our behalf and subject to Our controls.
- We will not hold any personal data on You without Your consent. If You withdraw Your consent to hold a particular item of personal data, it will be amended or deleted as requested. If You request to remove all personal data, all records will be deleted at the next routine cleansing.
- We hope that You will consent to allow Us to use Your data occasionally for selected marketing purposes that are relevant to You. If so, We will ask You to specify the communication means You consent to receive. (As mentioned, any such communication will come only from Us.)
- If You are unwilling to receive any marketing information from Us at all, you may still allow Us to hold the data purely for transactional purposes. In this case, We will communicate with You only in relation to Orders or enquiries You place and related accounting matters.
Subject to any legal requirements, You have the following rights:
- To be informed whether We hold any personal information about You;
- To be informed of the personal information We hold;
- To correct Your data or change Your consent to what personal data is held or how it is used.
Amending & Updating Your Personal Data
- We are obliged to keep personal data accurate and current. We wish to do this in any event to ensure that any correspondence is effective and to help Us provide Our Services efficiently.
- Please notify Us of any change to Your personal data or consent to either Your ‘person contact’ information or any related ‘company contact’ data that You are authorised to amend.
- To amend any data or consent, please send an email to GDPR@davidphillips.com specifying the change required. This enables Us to confirm Your identity.
- If You do not have access to email, please write to Us at Customer Service Team, Units 96 – 100, London Industry Park, Roding Road, London, E6 6LS or call 020 3872 2295. We will then contact You to verify Your identity before making any change.
- If You have any questions regarding Your data or Our policies relating to privacy and personal data security, please contact Us using the methods above. We will aim to respond within 7 days.
- If We have any questions regarding Your status or requests, We will contact You to clarify.
FAQs - How We are asking for Your consent
- When? Now. We are now contacting all Our customers, suppliers and any other contacts in Our system to obtain their consent to hold their personal data and permission to use it as required by GDPR.
- How? Email. Where possible, We will do this by email sent from Our Data Protection Officer using Our GDPR@davidphillips.com address.
- To give or withdraw consent? Use the SmartSurvey link. To be compliant, We are inviting the contacts to click a link in the email to complete a short form with a couple of basic questions. This link is provided by SmartSurvey, a leading research company specialising in GDPR and trusted by organisations ranging from Microsoft & IBM, HSBC & Vodafone to BP, Unilever & HSBC. See https://www.smartsurvey.co.uk/customers for further details.
- Why a link? To ensure We have valid consent as required by GDPR, the link allows You to select the relevant options. An email does not give the necessary detail and may require further correspondence or discussion.
Please use the link even if You wish to withdraw Your consent so that We do not trouble You with reminders.
The link also enables You to check that the information We hold is correct.
- Could this be spam? No – here's how You check. We understand that You may be concerned that the email could be spam or be reluctant to click on a link. If it comes from the email address above and if the link begins with https://www.smartsurvey.co.uk then You can be confident that it is a genuine request from Us.
- What if I can't use the link? If Your IT policy does not permit You to click on links, then please call Your customer account representative to give Your consent to the options on retaining and using Your data. Note that We may need to verify Your identity first.
- I haven't seen an email. Owing to the links in the email, it may not go to Your regular mailbox. E.g. In Outlook, if You use a Focused inbox, then this may go into Other. If You have a categorised inbox on Gmail, it may have gone into Updates. Or it may have been caught by Your spam filter. Please can We ask You to check these mailboxes if You have not yet received an email. We will send reminders without links in the hope that this may go through.
- In future? We will periodically contact You to invite You to confirm Your consent and Your personal details.
- Other questions? If the sections above and Our policy statement on GDPR, Privacy & Personal Data Security do not answer Your questions, please contact Your representative, or call Our Customer Service team on 020 3872 2295 or email Us at GDPR@davidphillips.com
Each party undertakes to the other party that it will not engage in any activity, practice or conduct which would constitute an offence under the Bribery Act 2010; and it has and will maintain in place, adequate procedures designed to prevent any Associated Person (as defined in the Bribery Act 2010) from undertaking any conduct that would give rise to an offence under the Bribery Act 2010.
We may pay a third-party introducer a commission fee for their services in relation to this Contract. However, such payments will not offend the Bribery Act 2010 and will be of relatively minor value unless specifically disclosed to the Customer.