TERMS AND CONDITIONS

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which Quail (as defined in clause 2) supply products to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to Quail. These terms tell you who Quail is, how it will provide products to you, how the contract may be ended, what to do if there is a problem and other important information.

2. INFORMATION ABOUT QUAIL AND MAKING CONTACT

2.1 Who Quail is. Quail Interiors & Design Ltd is a company incorporated and registered in England and Wales with registered company number 12482644 and whose registered office is at 14 Church Road, Long Hanborough, Witney, Oxfordshire OX29 8JE.

2.2 How to contact Quail. You can contact Quail by telephoning its customer service team at 07887 647 691 or by writing via info@quailinteriors.co.uk or to Quail Interiors & Design Ltd, 14 Church Road, Long Hanborough, Witney, Oxfordshire OX29 8JE.

2.3 How Quail may contact you. If Quail has to contact you, it will do so by telephone or by writing to you at the email address or postal address you provided in your order.

2.4 "Writing" includes emails. When Quail uses the words "writing" or "written" in these terms, this includes emails.

3. THE CONTRACT WITH YOU

3.1 How Quail will accept your order. Quail’s acceptance of your order will take place when it emails you to accept it, at which point a contract will come into existence.

3.2 If Quail cannot accept your order. If Quail is unable to accept your order, it will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because the materials required cannot be obtained, because of unexpected limits on its resources which Quail could not reasonably plan for, because Quail has identified an error in the price or description of the product or because it is unable to meet a delivery deadline you have specified.

3.3 Your order number. Quail will assign an order number to your order and tell you what it is when your order is accepted. It will help if you can tell Quail the order number whenever you make contact about your order.

4. OUR PRODUCTS

4.1 Products may vary slightly from their pictures. The images of the products on www.quailinteriors.co.uk (the Website) are for illustrative purposes only. Although Quail has made every effort to display the colours accurately, it cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on the Website.

5. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered please make contact. Quail will let you know if the change is possible. If it is possible Quail will let you know about any changes to the price of the product, the timing of supply, the delivery costs 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. If Quail cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).

6. QUAIL’S RIGHTS TO MAKE CHANGES

6.1 Minor changes to the products. Quail may change the product to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

6.2 More significant changes to the products and these terms. In addition, in rare instances, Quail may make changes to the product which are the result of changes in the processes and procedures of Quail’s manufacturers. If such changes represent a change in the main characteristics of the products, Quail shall notify you of such changes and you may then make contact to end the contract before the changes take effect and receive a refund for any products paid for but not received.

7. PROVIDING THE PRODUCTS

7.1 Delivery costs. The costs of delivery within the UK will be as displayed to you on the Website. Delivery costs outside of the UK will be provided to you upon enquiry.

7.2 When Quail will provide the products. Quail will provide you with the products as soon as reasonably possible and will contact you with an estimated delivery date, which will be within 30 days after the day on which your order is accepted.

7.3 Quail is not responsible for delays outside its control. If Quail’s supply of the products is delayed by an event outside its control then it will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay. Provided Quail does this it will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact it to end the contract and receive a refund for any products you have paid for but not received.

7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, Quail will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot Quail will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite Quail’s reasonable efforts, it is unable to contact you or re-arrange delivery or collection it may end the contract and clause 10.2 will apply.

7.6 When you become responsible for the products. A product will be your responsibility from the time it is delivered to the address you gave in your order.

7.7 When you own the products. You own a product once Quail has received payment in full.

7.8 What will happen if you do not give required information. Quail may need certain information from you so that it can supply the products to you. If so, this will have been stated in the description of the products on the Website and in the order process. Quail will contact you in writing to ask for this information. If you do not provide this information within a reasonable time of Quail asking for it or when required, or if you provide incomplete or incorrect information, Quail may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate it for any extra work that is required as a result. Quail will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not providing the information Quail needs within a reasonable time of it asking for it or when required.

7.9 Reasons Quail may suspend the supply of products to you. Quail may have to suspend the supply of a product to:

   7.9.1 deal with technical problems or make minor technical changes;

   7.9.2 update the product to reflect changes in relevant laws and regulatory requirements; or 

   7.9.3 make changes as notified by Quail to you (see clause 6).

8. YOUR RIGHTS TO END THE CONTRACT

8.1 You can always end your contract. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how Quail is performing and when you decide to end the contract:

8.1.1 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 11;

8.1.2 If you want to end the contract because of something Quail has done or has told you it is going to do, see clause 8.2; 

8.1.3 If you 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 products; or

8.1.4 In all other cases (if Quail is not at fault and there is no right to change your mind), see clause 8.6.

8.2 What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at 8.2.1 to 8.2.4 below the contract will end immediately and Quail will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

   8.2.1 Quail has told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);

   8.2.2 Quail has told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

   8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside its control; or

   8.2.4 you have a legal right to end the contract because of something Quail has done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online 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 in these terms.

8.4 How long do I have to change my mind? Where applicable, you have 14 days after the day you (or someone you nominated) receives the products.

8.5 In all other cases (if Quail is not at fault and there is no right to change your mind). Beyond the 14-day cancellation period you do not have a right to change your mind in respect of the products.

9. HOW TO END THE CONTRACT (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

9.1 Tell Quail you want to end the contract. To end the contract, please let Quail know by doing one of the following:

   9.1.1 Phone or email. Call customer services on 07887 647 691 or email Quail at info@quailinteriors.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

   9.1.2 By post. Print off the form at the end of these terms and post it to Quail at the address on the form. Or simply write to Quail at that address, including details of what you bought, when you ordered or received it and your name and address.

9.2 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 Quail. You must either return the products in person to where you bought them, post them back to Quail at the address first set out above. Please call customer services on 07887 647 691 or email Quail at info@quailinteriors.co.uk for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the products within 14 days of telling Quail you wish to end the contract.

9.3 When Quail will pay the costs of return. Quail will pay the costs of return:

   9.3.1 if the products are faulty or misdescribed; or

   9.3.2 if you are ending the contract because Quail has told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside its control or because you have a legal right to do so as a result of something Quail has done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.4 What Quail charges for collection. If you are responsible for the costs of return and Quail is collecting the product from you, it will charge you the direct cost of collection.

9.5 How Quail will refund you. Where refunds are applicable, Quail will refund you the price you paid for the products by the method you used for payment. However, Quail may make deductions from the price, as described below.

9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind Quail may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products and its packaging, if this has been caused by your handling them in a way which would not be permitted in a shop. If Quail refunds you the price paid before it is able to inspect the products and later discover you have handled them in an unacceptable way, you must pay Quail an appropriate amount.

9.7 When your refund will be made. Quail will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which it receives the product back from you or, if earlier, the day on which you provide it with evidence that you have sent the product back to Quail. For information about how to return a product, see clause 9.2.

10. QUAIL’S RIGHTS TO END THE CONTRACT

10.1 Quail may end the contract if you break it. Quail may end the contract for a product at any time by writing to you if:

   10.1.1 you do not make any payment when it is due;

   10.1.2 you do not, within a reasonable time of Quail asking for it, provide information that is necessary for Quail to provide the products;

   10.1.3 you do not, within a reasonable time, allow Quail to deliver the products to you; or

   10.1.4 Quail is unable to provide the products due to events outside of its control.

10.2 You must compensate Quail if you break the contract. If Quail ends the contract in the situations set out in clause 10.1 it will refund any money you have paid in advance for products that have not been provided but Quail may deduct or charge you reasonable compensation for the net costs it will incur as a result of your breaking the contract.

10.3 Quail may withdraw the product. Quail may write to you to let you know that it is going to stop providing the product. Quail will let you know as soon as reasonably practicable in advance of it stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

11. IF THERE IS A PROBLEM WITH THE PRODUCT

11.1 Damages and defects. Quail requires that where you receive a product and it is damages or defective, you provide photographic evidence of their arrival in this form and provide such evidence to Quail as soon as reasonably practicable following them being received.

11.2 How to tell Quail about problems. If you have any questions or complaints about the product, please make contact via the details set out above.

11.3 Summary of your legal rights. Quail is under a legal duty to supply products that are in conformity with this contract. For detailed information on your key legal rights please visit Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these terms will affect your legal rights.

12. PRICE AND PAYMENT

12.1 Where to find the price for the product. The price of the product (which includes any applicable VAT) will be the price indicated on the order pages when you placed your order. Quail uses all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if Quail discovers an error in the price of the product you order.

12.2 Quail will pass on changes in the rate of VAT. If the rate of VAT increases between your order date and the date of supply the product, Quail will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect and you do not agree to the change. In this case, Quail reserves the right to terminate your order and issue you with a full refund.

12.3 What happens if Quail got the price wrong. It is always possible that, despite Quail’s best efforts, some of the products it sells may be incorrectly priced. Quail will normally check prices before accepting your order so that, where the product's correct price at your order date is less than that stated at your order date, Quail will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, Quail will contact you for your instructions before your order is accepted. If Quail accepts and processes your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, it may end the contract, refund you any sums you have paid and require the return of any products provided to you.

12.4 When you must pay and how you must pay. Quail accepts payment the payment methods detailed on the Website. You must pay for the products at the point of placing your order.

13. QUAIL’S RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 Quail is responsible to you for foreseeable loss and damage caused by it. If Quail fails to comply with these terms, it is responsible for loss or damage you suffer that is a foreseeable result of it breaking this contract or its failing to use reasonable care and skill, but Quail is 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 parties knew it might happen, for example, if you discussed it with Quail during the sales process.

13.2 Quail does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Quail’s negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.

13.3 Quail is not liable for business losses. Quail only supplies the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose Quail will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. HOW QUAIL MAY USE YOUR PERSONAL INFORMATION

Quail will only use your personal information as set out in Quail’s Privacy Policy.

15. OTHER IMPORTANT TERMS

15.1 Transfer. Quail may transfer its rights and obligations under these terms to another organisation. Quail will always tell you in writing if this happens and will ensure that the transfer will not affect your rights under the contract.

15.2 You need Quail’s consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if Quail agrees to this in writing.

15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 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.

15.5 Even if Quail delays in enforcing this contract, it can still enforce it later. If Quail does not insist immediately that you do anything you are required to do under these terms, or if it delays 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 Quail taking steps against you at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you

can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

15.7 Alternative dispute resolution. 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 not happy with how Quail have handled any complaint, you may want to contact the alternative dispute resolution provider Quail uses. Please contact Quail for information regarding this process if you would like to raise a further complaint.

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

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),

____________________________________________________________________________________________________

Date,

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To: Quail Interiors & Design Ltd

14 Church Road

Long Hanborough

Witney

Oxfordshire

OX29 8JE