Lomas Office Furniture & Stationery Customer Returns Policy
1.1: This is the Seller's Customer Returns Policy (â€œReturns Policyâ€) referred to in the Terms and Conditions of Sale(â€œthe Conditionsâ€) of Lomas Office Furniture & Stationery Ltd(â€œthe Sellerâ€)
1.2: Words and expressions in this Returns Policy shall have the same meanings as set out in the Conditions unless stated to the contrary.
1.3: In the event of any conflict between the terms of the Conditions and the terms of this Returns Policy the provisions of the Conditions will prevail.
1.4: In addition to this Returns Policy the Seller has supplementary returns policies in respect of specialised product groups contained in the Trade Price List and which are notified to the purchasers of such products.
1.5: In the event of any conflict between the terms of this Returns Policy and the terms of any of the specialised product groups returns policies then the provisions of the relevant specialised product group returns policy will prevail.
2.1: The Seller has the discretion (which it may exercise as it wishes) to accept the return of any of the Goods supplied to but not required by the Buyer (upon such terms in respect of a handling charge of 20% of the invoiced value of the Goods returned or otherwise as the Seller may choose) and to issue a credit note in respect thereof. Any request by the Buyer to the Seller to exercise such a discretion must be made in accordance with the procedure and within the time periods set out in Condition 3 and is subject to the provisions of this Condition 2.
2.2: The Seller will only consider any claim by the Buyer for a return if the provisions of this Returns Policy are complied with and:
2.2.1: the items to be returned are in their original inner and outer packaging and none of the packaging shall have been written upon, taped or had permanent labels attached;
2.2.2: the items to be returned are in otherwise satisfactory and merchantable condition and may be re-sold at the price that would have been paid by the Buyer;
2.2.3: the items to be returned are of a type distributed by the Seller at the time of the claim;
2.2.4: in the case of electronic office machines the Seller has a like remedy against the
2.2.5: in the case of dated products the return request is made by 10 December of the year previous to the year to which such dated products relate; and
2.2.6: in the case of computer consumable products, the outer seal has not been tampered with in any way. If the Buyer returns such product(s) as faulty, it will only be granted a credit note if the manufacturer of such product(s) accepts that the product has not been misused, over loaded, incorrectly installed or incorrectly stored. In certain circumstances, a faulty product evaluation form must be completed by the Buyer.
2.3: If a return is accepted a credit note will be issued in the sum of that part of the purchase price paid in respect of the Goods returned less deductions for the Seller's costs as set out in Condition 2.1.
2.4: The Seller will not (without prejudice to its discretion in Condition 2.1) accept the return of any electrical items which have been removed from their packaging or any food stuffs or food products.
2.5: The Buyer may not return Bespoke Goods or any Goods marked as non-returnable in the Trade Price List.
3. CLAIMS PROCEDURE FOR RETURNS
3.1: The Seller's customer sales office or services office must be notified of any claim in respect of any returns or request by post, facsimile, e-mail or by telephone specifying the reason giving rise to such claim or return.
Notification must be made within the time limits set out below for each reason-giving rise to a claim:
3.1.1: where any product is no longer required -within 15 Working Days;
3.1.2: where a product was ordered and invoiced but an incorrect product was sent out due to picker error -within 3 Working Days;
3.1.3: where a product delivered to the Buyer was not ordered by the Buyer but invoiced to the Buyer and delivered in error -within 5 Working Days;
3.1.4: where a product delivered to the Buyer was not ordered by the Buyer and has not been invoiced to the Buyer or the product was over supplied -within 20 Working Days.
Where such a claim or request is made by telephone it will only be considered by the Seller if an acknowledgement reference is obtained by the Buyer and the claim or request is confirmed by post facsimile or e-mail by the Buyer within3 Working Days quoting the acknowledgement reference.
3.2: The Seller will only consider a returns request in respect of any of the Goods if the following further information is given:
3.2.1: the invoice number and/or the advice note number in respect of the Goods;
3.2.2: the part number of the item (or any description that clearly identifies the item
to be returned);
3.2.3: the quantity of the Goods (expressed in the Seller's correct unit of sale) the subject of the returns request;
3.2.4: the reason for the returns request and the collections note number and/or the returns note number.
Where the Buyer could not have discovered the subject of the claim within the time limits set out in Condition 3.1, then the Buyer must notify the Seller within a reasonable time of the discovery of the potential claim.
Lomas Office SUPPLEMENTARY CONDITIONS
A1: These Supplementary Conditions apply to Orders for Bespoke Goods and Bespoke Services and are in addition to the Conditions.
A2: Words and expressions in these Supplementary Conditions shall have the same meanings as set out in the Conditions unless stated to the contrary.
A3: In the event of any conflict between the terms of the Conditions and these Supplementary Conditions the provisions of these Supplementary Conditions will prevail.
B. DELIVERY DATE CONFIRMATION
B1: Following receipt of an Order for Bespoke Goods the Seller will, after first consulting with its own relevant supplier, advise the Buyer of the estimated delivery date for the Goods. The Buyer shall be entitled to request the Seller to agree to cancel the order where the estimated delivery date advised is not acceptable to the Buyer. The Seller may consent to a cancellation where the Seller is able to cancel its own order with its supplier without penalty. If the Seller does not agree to cancel the Order then the Seller shall be entitled to proceed with such order in accordance with the Conditions and these Supplementary Conditions.
C1: If the Buyer fails or refuses to take delivery of the Bespoke Goods when agreed by the Seller and the Buyer the Seller may store the Bespoke Goods until actual delivery and charge the Buyer for the costs (including insurance) thereof or (at the Seller's option) sell the Bespoke Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess of the sale proceeds over the price agreed between the Seller and the Buyer for the Bespoke Goods or charge the Buyer for any shortfall of the proceeds below such price or where the Seller cannot sell the Bespoke Goods charge the Buyer at the full invoice value for the Bespoke Goods.
D. BESPOKE GOODS
D1: The Buyer may not return Bespoke Goods following delivery.
Lomas Office SUPPLEMENTARY CONDITIONS
1.1: These Lomas Office Supplementary Conditions apply to Orders for Furniture Products except where the order is for delivery in ROI or NI, and shall apply in addition to the Conditions and the Seller's Customer Returns Policy.
1.2: Words and expressions in these Lomas Office Supplementary Conditions shall have the same meanings as set out in the Conditions unless stated to the contrary.
1.3: In the event of any conflict between the terms of the Conditions, the Seller's Customer Returns Policy and these Lomas Office Supplementary Conditions, the provisions of these Lomas Office Supplementary Conditions shall prevail.
2 DELIVERY OF FURNITURE PRODUCTS
2.1: The Seller shall be entitled to charge the Buyer for delivery of Furniture Products in accordance with its currently published Lomas Office Delivery Charge Policy as at the date the Order is accepted.
2.2: Whilst the Seller shall use its reasonable endeavours to deliver the Furniture Products to the Buyer within the period specified in the Contract, this may be affected by circumstances beyond the Seller's control. Time for delivery shall not be of the essence.
2.3: Palletised deliveries may be made by an articulated vehicle. The Buyer must notify the Seller of any access issues at the time the Order is placed. Failure by the Buyer to do so may result in a failed delivery and additional charges being payable for redelivery as set out in Clause 2.4
2.4: If the Furniture Products cannot be unloaded at the delivery address specified in the Order for any reason, a single attempt to redeliver the Furniture Products will be made. Should the redelivery attempt be unsuccessful, the Seller shall be entitled to charge the Buyer thirty-five pounds (Â£35) per pallet or fifteen pounds (Â£15) per parcel for returning the Furniture Products to the Seller or for each further redelivery attempt.
2.5: Unless agreed otherwise at the time the Order is accepted, delivery shall be to the ground floor only and palletised deliveries shall be made to the kerbside outside the delivery address.
3 CLAIMS PROCEDURE IN RESPECT OF DAMAGED AND FAULTY FURNITURE
3.1: The Buyer must notify Lomas Office of any Furniture Products which are received damaged within twenty-four (24) hours of receipt.
3.2: The Buyer must notify Lomas Office of any Furniture Products which are faulty (for example, Furniture Products which have a manufacturing fault, a part is missing or there is some other problem attributable to the manufacturer) within twenty-four (24) hours of the fault being identified.
3.3: If a Furniture Product is damaged in transit, the Seller will send replacement component parts as soon as reasonably practicable. The Seller shall (where possible) send the replacement component parts by next working day delivery.
3.4: All Furniture Products arriving in damaged packaging must be signed for as â€˜damagedâ€™ on receipt of the consignment. Failure to do this may result in the claim not being processed.
3.5: In the event that a Furniture Product develops a fault due to manufacturing problem, replacement parts will be sent according to the applicable guarantee and warranty. If replacement parts cannot resolve the fault, the Seller will be entitled to seek alternative evidence (e.g. electronic images) or potentially provide a replacement product to the Buyer and collect the faulty products.
3.6: If the fault given as cause for returning the Furniture Product is not apparent on inspection by the Seller, the Furniture Product will be returned to the Buyer at the Buyer's expense and no credit applied to the account
4 SHORT DELIVERY AND ERRORS
4.1: The Buyer must notify Lomas Office of any Furniture Products which are short delivered within twenty-four 24 hours of delivery
4.2: The Buyer must notify Lomas Office of any Furniture Products which are received incorrectly (for example, where the incorrect product has been sent or a product has been delivered which was not ordered) within twenty-four (24) hours of receipt. Incorrect products must remain in a saleable condition and within their original packaging or additional charges may be incurred.
4.3: If the Buyer receives incorrect items on a delivery and reports this to Lomas Office provided that the item is in stock the Seller will (where possible) send the correct items out on next working day delivery, and arrange a collection of the incorrect items on a date to be agreed with the Buyer.
4.4: In the event that Furniture Product(s) are to be returned to the Seller due to an error on the part of the Seller, the following procedure will be followed:
4.4.1: A replacement Furniture Product will (if applicable) be sent with the original invoice number referenced on the new order. The replacement Furniture Product will be charged for on the Buyer's account, and then a credit applied on receipt by the Seller of the returned Furniture Product.
4.4.2: A returns note will be raised and the Seller shall contact the Buyer to arrange a date for the collection. When these details are agreed, a collection confirmation note will be sent to the Buyer via fax or email. If the Buyer wishes to make any changes to these details it must contact Lomas Office Customer Services not less than twenty-four (24) hours before the date the collection is to be made.
4.4.3: If the collection fails due to the agreed arrangements not being adhered to, the Seller shall be entitled to make a charge of fifteen pounds (Â£15) in respect of the failed collection, which will be placed on the Buyer's account.
4.4.4: The Buyer shall ensure that all returned Furniture Products are boxed or palletised using their original packaging in order for the carriers to collect. A copy of the collection confirmation note must be securely attached to one box or pallet for identification on arrival at the Seller's warehouse. Returned Furniture Products that do not have a returns reference / collection note will be refused at the Seller's warehouse and returned to the Buyer at the Buyer's expense. Furniture Products which are not packaged in their original packaging will also be refused at the Seller's warehouse and returned to the Buyer at the Buyer's expense. All Furniture Products must arrive at the Seller in a saleable condition.
4.4.5: If the collection is to be made from a third party then the Buyer will be notified of the collection arrangements and shall be responsible for any failed collection or return charges. Furniture Products not packaged in their original packaging, (which do not have a returns reference) or which arrive in a condition not fit for resale will be refused at the Seller's warehouse and be returned to the Buyer at the Buyer's expense. No credit will be issued in these circumstances.
4.4.6: The Seller shall inspect the Furniture Products on receipt at the Seller's warehouse and, provided that Clauses 4.4.4 and 4.4.5 have been complied with, a credit will be applied to the original invoice against which the Furniture Products were purchased on the Buyer's account.
4.4.7: If the fault given as cause for returning the Furniture Product is not apparent on inspection by the Seller, the Furniture Product will be returned to the Buyer at the Buyer's expense and no credit applied to the account.
5 FURNITURE PRODUCTS WHICH ARE NO LONGER REQUIRED (NLR)
5.1: The Seller has the discretion (which it may exercise as it wishes) to accept the return of any Furniture Products supplies to but not required by the Buyer (upon such terms as the Seller may choose) and to issue a credit note in respect thereof. Any request by the Buyer to the Seller to exercise such a discretion must be made in accordance with the procedure and within the time periods set out in Condition 5.2 and is subject to the provisions of this Condition 5.4.
5.2: The Buyer must notify Lomas Office Customer Services of any Furniture Products which are no longer required within fifteen (15) days of delivery. A returns note will be raised and sent to the Buyer by fax or email.
5.3: Transportation of the Furniture Product to be returned must be arranged by the Buyer back to the Seller at which Lomas Office Furniture & Stationery Ltd, Regent House, 107 King St, Blackburn, Lancashire, BB2 2DT. If the Buyer is not able to make these arrangements, then the Seller may arrange transport on the Buyer's behalf (at the Buyer's expense).
5.4: The Furniture Products returned must be received by the Seller in a re-stockable and resalable condition, un-used and in original and secured undamaged packaging and must include the returns documentation provided by Lomas Office Customer Service. Any Furniture Products returned that cannot be re-stocked due to the Buyer's failure to comply with this Clause 5.4 will be returned to the Buyer, and the Seller shall be entitled to apply a carriage charge to the Buyer's account.
5.5: If the returned Furniture Products are accepted, the Seller shall apply a credit to the Buyer's account, less a fifteen percent (15%) restocking fee. Any delivery charges relating to the original delivery are non refundable in this instance.