Terms & Conditions
TERMS AND CONDITIONS OF SUPPLY
GENERAL TERMS OF SALE
Last updated: 24 May 2016
1. OUR INFORMATION
1.1. Zaha Hadid Design Limited operates the website www.zaha-hadid-design.com. Zaha Hadid Design Limited (trading as Zaha Hadid Design) is a private limited company registered in England and Wales under company number 06019320 which has its registered office at 10 Bowling Green Lane, London, United Kingdom EC1R 0BQ. Our main trading address is Zaha Hadid Design, 101 Goswell Road, London, United Kingdom EC1V 7EZ. Our VAT number is 906373720.
1.2. To contact us, please see our Contact Us page.
2.1. You can place an order for Products with us by following the steps on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products you have ordered if we accept your order.
2.2. Our site allows you to check and amend any errors at each stage of the order process before submitting your final order to us. Please take the time to read and check your order at each stage.
2.3. All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us (a Confirmation Email). The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched (a Shipment Confirmation).
2.4. We can’t stop an order once it has been dispatched by us. If you change your mind about your order after it has been dispatched you can reject delivery or return the Products to us in accordance with clause 8.
3.1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Our Products may vary slightly from those images.
3.2. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site are approximate only and have a 2% tolerance.
3.3. Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery complicated or impossible.
4.1. All Products shown on our site are subject to availability of those Products and the materials for making the Products. We will inform you by e-mail as soon as possible if the Product you have ordered is not available or is subject to any delay.
4.2. Where we have advised that the Product is not available, we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible.
5. PRICE OF PRODUCTS
5.1. The prices of the Products will be as quoted on our site, except in the case of obvious error. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 5.5 for what happens.
5.2. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Shipment Confirmation.
5.3. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
5.4. The price of a Product does not include delivery charges which (where applicable) will be added to the price of the Products and set out as part of the total amount due during the order process. To see the relevant delivery charges for a Product, please refer to the “Shipping and Returns” page (http://zaha-hadid-design.com/shipping-and-returns). The delivery charges set out on that page may change from time to time. Please continue to check the website for current pricing.
5.5. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally verify prices as part of our order-handling procedure so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the Product’s correct price is higher than the price stated on our site, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions if the Product’s correct price is higher than the price stated on our site. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
5.6. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we are under no obligation to provide the Products to you at the incorrect (lower) price even after we have sent a Shipment Confirmation.
6.1. You can only pay for Products using a debit card or credit card.
6.2. Payment for the Products and all applicable delivery charges is in advance of delivery of the Products. We will not charge your debit card or credit card until we ship your order.
6.3. By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
7.1. Please note that we only offer a delivery service through a delivery partner to deliver to addresses in the countries listed on our “Shipping and Returns” page (http://zaha-hadid-design.com/shipping-and-returns).
7.2. A tracking number from our delivery partner will be issued in the Shipment Confirmation email, allowing you to track your shipment. Please note that any delivery timescales quoted by us are estimates.
7.3. We will make every reasonable effort to ensure that your order to dispatched and delivered by the estimated delivery date set out in the Shipment Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
7.4. Delivery will be completed when the Products are delivered to the address you gave us.
7.5. If no one is available at your address to take delivery, our delivery partner will leave a note requiring you to arrange re-delivery. If you have not accepted delivery after three attempts by us and/or our delivery partner, we may treat the contract as having been cancelled by you in accordance with clause 8.
8. CANCELLATION, RETURN AND REFUND
If you are unhappy with your Products, you can return them to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
8.1. You have a legal right to change your mind and cancel the Contract within 14 days of the date upon which the Products come into your (or your nominee’s) physical possession without giving a reason. This right, under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013, is explained in more detail in this clause 8. However, this cancellation right does not apply in the case of any bespoke products (i.e. any made-to-measure or custom-made products or products made to your specification or which are clearly personalized).
8.2. To exercise the right to cancel, you must inform us of your decision to cancel your Contract by making a clear statement in writing (e.g. a letter sent by post or email). The easiest way to do this is to contact our Sales Team at email@example.com. You may use the model form if this assists you but you are not required to do so:
8.3. Your legal right to cancel a Contract starts from the date upon which the Product came into your (or your nominee’s) physical possession (or in a situation where you have ordered multiple Products in the same order, the date upon which the last of those Products came into your (or your nominee’s) physical possession). If the Products have already been delivered to you, you have a period of 14 (fourteen) days in which you may cancel, starting from the day you receive the Products.
8.4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
EFFECT OF CANCELLATION
8.5. If you cancel your Contract, we will reimburse you all payments received from you, including the purchase price and the cost of delivery (except that we reserve the right not to reimburse you for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us and for any deductions permitted under clause 8.7).
8.6. We will make the reimbursement without undue delay, and not later than:
8.6.1. 14 days after the day we receive back from you any Products supplied;
8.6.2. (if earlier) 14 days after the day you provide evidence that you have returned the Products; or
8.6.3. if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.
8.7. We may make a deduction from the reimbursement for loss in value of any Products supplied if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement you are entitled to from us for such loss in value of any Products we supply.
REASON FOR RETURN
8.8. If you exercise your right to cancel the Contract under clause 8.1 because the Products are faulty or mis-described or you otherwise have a legal right to return the Products as a result of something we have done wrong after dispatch of the Products, then you must seek to return the Products to us as soon as reasonably practicable and we will refund:
8.8.1. the price of the Product in full;
8.8.2. any applicable delivery charges; and
8.8.3. any reasonable costs you incur in returning the item to us (other than any costs incurred by you in returning the Products to us in person).
8.9. If you exercise your right to cancel the Contract under clause 8.1 other than because the Products are faulty or mis-described after the Products were delivered to you then you must seek to return the Products to us as soon as reasonably practicable at your own cost.
HOW TO RETURN
8.10. Please contact firstname.lastname@example.org to arrange a return or (at our discretion) collection of the Products.
8.11. We will make any reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8.12. You have a legal obligation to take reasonable care of the Products while they are in your possession before you return them to us.
8.13. Details of your legal right to cancel and an explanation of how to exercise it are repeated in the Shipment Confirmation.
9. RISK AND OWNERSHIP
9.1. Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9.2. The Products will be your responsibility from the time that you (or a third party other than the carrier and indicated by you) take physical possession of the Products.
10. OUR LIABILITY
10.1.We are under a legal duty to supply Products that are in conformity with our Contract.
10.2. If we fail to comply with the Contract or these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage were contemplated by you and us at the time we entered into the Contract.
10.3.The maximum loss or damage we will responsible for under clause 10.2 is limited to the price that you have paid us for the Product to which the loss or damage you suffer relates.
10.4. We only supply the Products for domestic and private use and we do not make any guarantees or warranties about their performance in a commercial environment. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.5. We do not in any way exclude or limit our liability for:
10.5.1. death or personal injury caused by our negligence;
10.5.2. fraud or fraudulent misrepresentation;
10.5.3. any liability imposed under the Consumer Rights Act 2015 that is not permitted to be excluded or restricted under Section 31 of the Consumer Rights Act 2015; and
10.5.4. defective products under the Consumer Protection Act 1987.
10.6. None of the foregoing shall affect your statutory rights.
11. EVENTS OUTSIDE OUR CONTROL
11.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.2.
11.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation acts of god, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, acts of terrorism threat of acts of terrorism, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, severe weather, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or acts of local or central Government or of any other competent authorities (including statutory undertakers).
11.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
11.3.1. we will contact you as soon as reasonably possible to notify you; and
11.3.2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
11.4. Where an Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11.5. In the event of substantial delay or suspension caused by an Event Outside Our Control, we may (at our discretion) cancel your order by notifying us and we will refund you all amounts paid under the affected Contract.
12. COMMUNICATIONS BETWEEN US
12.1. When we refer, in these Terms, to "in writing", this will include e-mail.
12.2. If you wish to contact us in writing for any reason, you can send this to us by e-mail at email@example.com or by pre-paid post to Zaha Hadid Design Limited at 101 Goswell Road, London EC1V 7EZ.
12.3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
12.4. If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
12.5. You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
13.1. If you have a dispute with us relating to our Contract, in the first instance please contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. You can also write to us at: Zaha Hadid Design, 101 Goswell Road, London, United Kingdom EC1V 7EZ.
13.2. In the unlikely event that we are not able to resolve the dispute informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration based on the nature of the dispute. You will also always have the option of resolving the dispute using court action.
14. OTHER IMPORTANT TERMS
14.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will use reasonable endeavours to tell you in writing if this happens.
14.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15. OUR RIGHT TO VARY THESE TERMS
15.1. We may modify or update these Terms from time to time for reasons including:
15.1.1. changes in how we accept payment from you;
15.1.2. changes in relevant laws and regulatory requirements we must comply with; or
15.1.3. changes in how our business operates.
15.2. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
15.3. Whenever we revise these Terms in accordance with this clause 15, we will keep you informed by stating the relevant date at the top of this page.
16. GOVERNING LAW
16.1. These Terms of Sale are governed by English law. This means that a contract for the purchase of Products made through our site and any dispute or claim arising out of or in connection with it will be governed by English law.
16.2. You can bring legal proceedings in respect of this contract in the English courts. However, if you are a resident of Scotland, you may also bring proceedings in Scotland and if you are a resident in Northern Ireland, you may also bring proceedings in Northern Ireland