TERMS & CONDITIONS
Akura Furnishings Ltd
Zeal House, 8 Deer Park Road, Wimbledon, SW19 3GY
Registration in England & Wales. Registration Number: 12534051
VAT Number: 346254401
Please read these terms and conditions carefully before engaging the services of our company. By working with us, you agree to be bound by the following terms and conditions:
1. Introduction
1.1. The following Terms of Sale apply to all Orders placed with us for all of Our Goods/and or Services.
Our Terms of Sale set out the basis on which we enter into a contract to provide Goods or Services to You.
2. Definitions
2.1. ‘Company’ means Akura Furnishings Ltd, noting that references to “Our”, “Us” or “We” shall mean Akura Furnishings Ltd.
2.2. ‘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.
2.3. ‘Goods’ means the goods ordered in accordance with the proposal and described in the invoice and/or purchase order to be supplied by Us to the Customer.
2.4. ‘Order’ means the order by You of any Goods or Services from Us.
2.5. ‘Services’ means the services ordered in accordance with the proposal 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.
3. Terms of Sale
3.1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer).
3.2. These are Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
4. Customer Obligations
4.1. Your contract for Orders of Goods and/or Services is with Akura Furnishings Ltd, and You warrant the following:
4.1.1. The Personal Data that You are required to provide when You register as a Customer is true, accurate, current and complete in all respects.
4.1.2. You will notify Us promptly of any changes to Your Personal Data by updating these details on Your account.
4.1.3. By placing an Order, the person doing so confirms that he or she is authorised to do so by or on behalf of the Customer.
4.1.4. All Goods Ordered by You are for domestic use and are not for commercial or resale purposes.
4.1.5. You are over the age of eighteen.
4.1.6. We reserve the right to terminate any Order immediately and without notice to You if:
4.1.6.1. You fail to make payment to Us when due.
4.1.6.2. You otherwise breach any of Our Terms of Sale in any material respect.
4.1.6.3. 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.
4.1.6.4. We suspect You have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity.
4.1.7. 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 Terms and Conditions by You.
5. Stock Availability and Pricing
5.1. 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.
5.2. We are not liable for any modification, suspension, or discontinuation of any listed or quoted Goods.
5.3. 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 next available 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.
6. Acceptance of Terms
6.1. You are deemed to have accepted these Terms of Sale either by payment of the company’s invoice, explicit acceptance, or by continuing to engage in business with Us.
6.2. 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: sales@akura.uk
6.3. 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.
7. Payment Terms
7.1. Payment must be made in full at the time of placing the Order, unless otherwise agreed by the Company.
7.2. Orders will not be scheduled for delivery until the required payment has been received.
7.3. Invoices will be sent to the Customer’s nominated billing contact. Unless requested otherwise, this will be by email.
7.4. We reserve the right to invoice part-shipped Orders. Payment in full must take place prior to delivery. We will provide a tax invoice.
7.5. All invoices are payable prior to delivery. The invoice date and the due date are shown on the invoice.
7.6. All Goods remain Our property until payment in full has been received. This includes payment of any charges associated with the Order.
7.7. 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.
7.8. The Company reserves its right to assign the rights and obligations arising, including debt obligations, under any contract pursuant to these Terms of Sale.
8. Placing an Order
8.1. When placing an Order, You warrant that any and all information given is accurate and complete.
8.2. All Orders are subject to Our acceptance and Goods availability.
8.3. The contract for the sale of any Goods and/or Services will exist between You and Us following receipt of payment and the signed terms and conditions section of the proposal. 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.
9. Delivery
9.1. 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 endeavor to notify You if certain Goods are out of stock and offer You available and suitable alternatives.
10. Payment
10.1. We accept payment via bank transfer. Our bank details are provided on Our invoice. If in doubt, please contact Us to confirm the bank details are correct before processing any payment.
11. VAT
11.1. Value Added Tax 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.
11.2. For goods and Services delivered outside of the UK a different tax regime may apply. Please contact Our sales team for further information: sales@akura.uk
12. Contract Cancellation and Consumer Contract Regulations
12.1. 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.
12.2. Your right to return or cancel Goods does not apply to Goods that have been installed, assembled, made to measure, or made to Your specification. Goods that are clearly personalised or by their nature cannot be returned or are liable to deteriorate are also non-returnable. This does not affect Your statutory rights if Goods are faulty or not as described. In such cases, You are responsible for returning the bespoke Goods to Us at Your cost, unless otherwise agreed.
12.3. If You wish to exercise Your right of cancellation, You are obliged to retain possession of the Goods and take reasonable care of them.
12.4. 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 Goods You wish to cancel and, where available, Your phone number and email address.
12.5. 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 original packaging).
12.6. 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.
12.7. We may exercise the right to make a deduction from the reimbursement for loss in value of any Goods supplied, following receipt of installation service, if the return to a change of mind and there is no inherent fault in the products. We will make the reimbursement no later than fourteen (14) days after the day we receive back from You any Goods supplied.
12.8. In the case of cancellation following receipt of the installed goods, our installation fee is non-refundable and will be deducted from the total refund. The standard installation fee is £625 + VAT, however, for larger or more complex properties a higher installation fee may apply, as agreed with the client prior to installation.
12.9. Please follow the steps set out in Our return’s procedure.
13. Returns Policy
13.1. The Terms of Sale outlined in this returns policy apply to any Orders from Us.
13.2. The Customer may return any standard stock Goods within fourteen (14) days of the delivery date. Where the Good(s) are not immediately rejected at the time of delivery we reserve the right to charge a collection fee to return the Goods.
13.3. 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.
13.4. We can arrange a collection of Goods. Unless the Goods are accepted to be irreparably faulty and under guarantee, a collection fee equal to the installation fee may apply.
13.5. All Goods must be returned in the original packaging in which they were left by the delivery team (e.g., mattresses should be returned in the original bag). All packaging will remain on-site, either in the property, the waste room, or in a location requested by the Customer. Requesting removal of the packaging will waive the right to any change of mind returns unless the goods are faulty or not as described. This does not affect Your statutory rights. If the Goods are faulty or not as described, You may still request a return, and we will work with You to arrange a suitable return process.
13.6. Unless faulty, any Goods to be returned must be in new condition and unused.
13.7. Refunds will not be offered for any Goods that have been installed/assembled, whether by Our operations team or otherwise, or for any bespoke Goods, or other non-standard Goods ordered specially for the Customer. This restriction does not apply where the Goods are found to be faulty within the warranty period.
13.8. 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.
14. Limitations of Liability
14.1. The Goods sold by Us are provided for private domestic and Customer use only.
14.2. 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 any Goods or Services purchased from Us.
14.3. 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.
14.4. 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.
14.5. 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:
14.5.1. Any economic or consequential losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings).
14.5.2. Any loss of goodwill or reputation.
14.5.3. 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.
14.6. 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.
14.7. 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.
14.8. 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.
14.9. 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.
15. Warranty
15.1. Warranty Period:
15.1.1. All furniture items come with a 12-month limited warranty from the date of delivery against manufacturing defects in materials and workmanship.
15.2. What the Warranty Covers:
15.2.1. Structural defects (e.g., frames, joints, hardware).
15.2.2. Faults in workmanship.
15.2.3. Material defects that appear during normal domestic use.
15.3. What the Warranty Does Not Cover:
15.3.1. General wear and tear or cosmetic damage.
15.3.2. Damage caused by misuse, negligence, accidents, or improper assembly/movement.
15.3.3. Discolouration, fading, or damage due to exposure to direct sunlight, damp, or heat.
15.3.4. Damage caused by pets or household pests.
15.3.5. Any modifications or repairs not authorised by the Company.
15.4. Claims Procedure:
15.4.1. Claims must be submitted in writing to the Company with a clear description of the issue and photographic evidence where applicable.
15.4.2. The Company reserves the right to inspect the item before approving any remedy.
15.4.3. If a manufacturing fault is confirmed, the Company will, at its discretion, repair, replace, or refund the affected item (in full or in part).
15.5. 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.
16. Submission of Contact Information
16.1. 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.
17. Intellectual Property and Copyright
17.1. All copyright, trademarks and all other intellectual property rights in all material or content are owned or controlled by Us.
17.2. 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 is strictly prohibited.
17.3. 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 for any other purpose whatsoever without the prior written permission from Us.
18. Privacy
18.1. In accordance with Our GDPR, Privacy and Personal Security Policy, We will not pass on Your personal details to any third party without Your prior and express permission.
19. Insurance
19.1. We are insured for public liability, employer’s liability and product liability. Copies of the certificates are available on request.
20. Waiver
20.1. No waiver by Us shall be construed as a waiver of any preceding or succeeding breach of any provision.
21. Survival
21.1. 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.
22. Confidentiality
22.1. 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.
23. Severance and Survival
23.1. 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.
24. Force Majeure
24.1. 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, lockouts, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
25. Entire Agreement
25.1. 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 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.
26. Exclusion of the rights of third parties
26.1. 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.
27. Governing Law and Jurisdiction
27.1. 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.
Please review these terms and conditions thoroughly. If you have any questions or concerns, kindly contact us before proceeding with our services.