Terms and Conditions
1.1 David Phillips Furniture have implemented their Release range in order to provide further lives for furniture pieces which have reached the end of their first commercial life. These pieces are highly durable having been created bespoke to last multiple years in build to rent and student accommodation and have been give to David Phillips as new furniture has been installed in these developments due to changing fashions.
1.2 Please note, answers to your frequently asked questions can be found on our Website.
1.3 The following Terms of Sale apply to all Orders placed with David Phillips Furniture Ltd (“David Phillips”) or any of Our Affiliates for all of Our Goods/and or Services available for purchase from Us or on Our Website for Release Furniture.
1.4 Our Terms of Sale set out the basis on which We enter into a contract to provide Goods or Services to You.
1.5 If You have any queries or have any questions relating to Our Terms of Sale prior to placing an Order, please contact our customer services department at email@example.com.
“Affiliate” means any entity that directly or indirectly controls, is controlled by or is under common control with, another entity.
“Authorised Person” means any other Customer nominated person facilitating access to the Delivery Location.
“Business Day” means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday in any part of the United Kingdom.
“Company” means David Phillips Furniture Limited or any Affiliate entities, “Our”, “Us” or “We” agents, contractors. officers, directors, employees, agents and suppliers, contractors.
“Confirmation Order” means the notification from Us to You confirming date of Delivery and/or Services.
“Customer” means the person, agent or legal entity placing the Order. References to “You” and “Your” shall mean the Customer.
“Delivery” means the completion of delivery where applicable, the Installation of the relevant Goods at the Delivery Location stated on the relevant Invoice/confirmation order and removal of waste and packaging.
“Delivery Date” means the date where the Goods and/or Services have been confirmed by Order Confirmation to be delivered to the Delivery Location.
“Delivery Location” means the address as specified for Delivery of the Goods stated on the relevant purchase order/Invoice/Confirmation Order/order summary.
“Delivery Period” means the period required for the assembly, installation, after which the Delivery shall be deemed to have been completed.
“Delivery Zone” London and Manchester only.
“Failed Delivery” means a failure to Deliver the Goods to the Delivery Location on the agreed Delivery Date.
“Force Majeure” means an event which prevents Us from performing Our contractual obligations when certain circumstances beyond Our control arise, making performance inadvisable, commercially impracticable, illegal, or impossible.
“Goods” means the goods ordered on Our Website or directly with Us in accordance with the Contract, as described in the Order Confirmation/ Invoice/Purchase Order/order summary to be supplied by Us to You.
“Invoice” means a list of the Goods and/or Services provided by Us to You, with a statement of the sum due for these Goods and/or Services.
“Installation Service” means arrangement of access including local key collection and return from third party i.e., letting agent, build furniture, placement of Goods within the designated rooms, removal of all packaging and waste.
“Lead time” means the amount of time between when an order for Goods is placed and when the Order is received at Your Delivery Location, including but not limited to Our warehouse.
“Order” means the order placed by You with Us for any of Goods and/or Services.
“Order Summary” means list of Goods, Services, quantities, and pricing.
“Force Majeure” means an event which prevents Us from performing Our contractual obligations when certain circumstances beyond Our control arise, making performance inadvisable, commercially impracticable, illegal, or impossible.
“Personal Data” means information that relates to an identified or identifiable individual.
“Quotation Period” means 30 calendar days.
“Release Furniture” means refurbished second-hand Goods.
“Services” ‘means the services ordered in accordance with the Contract and described in the, invoice and/or Order Confirmation to be supplied by Us to You, including as applicable, but not limited to, Design Consultation, administration, Delivery, assembly and Installation, removal of certain packaging and waste and warranty services.
“Services and Charges Schedule” means the schedule within these Terms of Sale that specifies all Services and the respective charges referenced throughout this Contract.
“Sign Off” means Installation, snagging (checking for faults) and Your sign off of acceptance of the Goods and satisfactory completion of any Services.
“Substitute Goods” means goods of equal or superior quality, which meet the same purpose and fit within the existing design scheme.
“Terms of Sale” means these terms and conditions for the supply of Goods and Services, as amended from time to time.
“Waste Transfer Regulations” means Waste (England and Wales) Regulations 2011.
“Website” means https://release-furniture.com/
“VAT” means value added tax levied under the Value Added Tax Act 1994 at the rate prevailing from time to time.
3. Changes to the Terms of Sale
- These Terms of Sale are subject to change from time to time, which will be notified to You.
- Any changes shall be effective from the date of publication on Our Website. Continuing to do business with Us following such change(s), shall be deemed to be Your acceptance of such change(s).
- It is Your responsibility to check for any notification of changes to this Contract prior to ordering Goods and/or Services.
- If you do not agree with the Terms of Sale or any changes, you should not continue to do business with Us.
- Additional or supplementary terms and conditions to these Terms of Sale may be added or amended by other documents or correspondence provided to You which express the clear intention to be incorporated into and form part of these Terms of Sale.
- By proceeding and continuing to do business with Us, You shall be deemed to have accepted any such additional or supplementary terms which shall be incorporated by reference and made a part of this Contract.
- Where such amended, additional, or supplementary terms conflict with these Terms of Sale, the amended, additional and/ or supplementary terms shall take precedence.
4. Placing An Order
4.1 The Contract for the sale of any Goods and/or Services shall exist between You and Us upon confirmation of acceptance of Your Order in writing.
4.2 Unless we have notified You that we do not accept Your Order, or You cancel it in accordance with clause 19.
4.3 All Orders are subject to the availability of the Goods and applicable Lead times.
4.4 When placing an Order, you warrant that any and all information, including Personal Data provided to Us to process Your Order, is accurate and complete.
4.5 You shall be responsible for ensuring all information recorded in relation to Your Order is correct. We shall not be liable for any non-delivery due to any Orders that cannot be completed due to incorrect information provided to Us by You.
- Any Quotations provided are valid for the Quotation Period of fourteen (14) calendar days and of VAT.
- Prices shall be honoured during this Quotation Period where Goods and/or Services remain available.
- After the expiry of the Quotation Period, all prices for Goods and Services quoted shall be subject to change.
- Upon Your acceptance of Our Quotation, We shall issue an Order Confirmation to You.
6. Stock Availability & Pricing
- All Goods are subject to availability. We will use reasonable endeavours to ensure that all Goods quoted are available for Delivery on the agreed Delivery Date.
- We reserve the right to discontinue any listed or quoted Goods without notice, either temporarily or permanently.
- We shall not be liable for any unavailability, modification, suspension, or discontinuation of any listed or quoted Goods.
- Where Goods and/or Services are unavailable within the agreed Delivery Lead Times, an equivalent substitute may be
- At Your election, We shall Deliver the originally ordered Goods separately if and when such Goods are next available in stock.
- Should You choose to keep the substitute Goods which are of a higher value than the price of the original Goods, You shall be liable to pay the difference in price to Us within 30 days of the date of the Invoice.
- If the substitute Goods are lower in value than the original Goods, the difference in price, shall be refunded back to Your original payment method in accordance with clause 19.3 or by an alternative method as otherwise agreed.
- Should You opt for Us to Deliver to You substitute Goods, these shall be subject to stock availability.
- If neither option at clause 6.4 or clause 6.5 above is acceptable to You, we shall refund the full value of the within 30 working days back to Your original payment method minus any applicable Delivery Charge.
- Should You decide to accept Substitute Goods, any subsequent return of these Goods to Us, shall be chargeable in accordance with the Service and Charges Schedule.
7. Lead Times
7.1 We shall use reasonable endeavours to Deliver and Install Goods and carry out all applicable Services within three (3) weeks of Us issuing of an Order Confirmation to You and receipt of payment as applicable, subject to applicable Lead timescales within London and Manchester.
7.2 Where special or bespoke Goods are ordered, a longer lead time may be required and shall be communicated to You upon placing the Order with Us.
8. Delivery & Delivery Confirmation
- Our project coordinator shall issue a notification of Your allocated Delivery time slot by email to You or Your nominated Authorised Person, on the day before Delivery.
- The allocated Delivery time slot communicated to You shall be approximate. Time for Delivery shall not be of the essence and shall not be guaranteed.
- You shall not be entitled to damages or to cancel the Order for any failure to meet any Delivery Date(s) or agreed timescales.
- Goods shall be delivered to the Delivery Location You provide to Us and as stated on Your Order Confirmation.
- Where an Order contains more than one item, all Goods shall be Delivered at the same time.
- If any Goods are not available, all items shall be Delivered once all items are available.
- Subject to clause 8.5 should You elect to have Goods Delivered separately after being notified that all Goods will not be available at the same time, You shall be required to pay for each additional Delivery unless multiple Deliveries are required due to Our error.
- If Your postcode is within London or Manchester, we will be able to Deliver to Your Delivery Location on any suitable working day.
10. Your Obligations & Payment
- You undertake to do the following and shall not do anything which shall cause You to breach any of the obligations stated as follows:
- Provide accurate, true, and correct Personal Data at the time of registration or anytime thereafter.
- Any Personal Data You provided to Us shall be current and complete in all respects.
- Any and all Goods purchased from Us shall be purchased be for Your use only and not for resale purposes.
- impersonate any other person in any way or use a false name or a name that You are not permitted to use.
- hold yourself out to be a legal entity or a representative of one or use or attempt to use known invalid credit or debit card to place an Order.
- Clause 10.1 (c) above is not intended to prohibit landlords or estate agents from purchasing Our Goods to include in the sale or rental of a property.
- We reserve the right to terminate any Order and to suspend or terminate Your Delivery to the Delivery Location immediately and without notice to You if:
- You fail to make payment to Us for any Goods and/or Services when due.
- Breach any of Our Contractual terms.
- When requested by Us to do so, fail to provide with sufficient information to enable Us to determine the accuracy and validity of any information supplied by You to confirm Your identity.
- You acknowledge and agree that You shall be charged the full price of Goods and/or Services for all items Ordered even if the Goods and/or Services shall be Delivered at different times.
- Any substitute Goods provided to You in excess of the value of the original Goods Ordered shall remain Our property until payment in full has been received by Us in the event You choose to keep the substitute Goods in accordance with clause 5.10. Receipt of payment in full, shall include payment of any charges associated with the Order.
- Where You have failed to make payment to Us in full accordance with these Terms of Sale, We shall be entitled to exercise any legal rights available to Us to recover any sums due to Us. This includes but is not limited to repossession of any Goods in which We retain legal and beneficial title.
- Should You fail to make any payment due to Us for any Goods and/or Services by the relevant due date, You shall pay interest of 8 per cent of the overdue amount. This interest shall be accrued on a monthly basis for as long the amount remains unpaid.
11. Our Obligations
- We shall use reasonable skill and care in Delivering Goods and providing Our services to You.
- Where the Services have been carried out defectively, You shall allow Us to and We shall re perform the Services in order to correct the defect at Our own cost. This shall be the sole remedy available to You for defective Services.
- We shall maintain (or cause to be affected and maintained) appropriate insurance cover with a reputable insurance company appropriate for the Services we provide. Copies of Our insurance certificates shall be available upon request.
12. Acceptance of Goods
- Following a confirmation from Us to You of a Delivery Date, you must ensure You or an Authorised Person is present on this day to receive the Delivery at the Delivery Location.
- If you are unable to accept Delivery on the Delivery Date, You shall notify Our Customer Support team as soon as possible and at least 24 hours ahead of the planned Delivery Date.
- If you do not notify Us in accordance with clause 12.2 above and we are unable to Deliver the Goods to the Delivery Location on the Delivery Date, We reserve the right to charge a second Delivery charge as specified under clause fa upon the rescheduling of a new Delivery Date.
- Where You have requested an Authorised Person be present to receive the Delivery at the Delivery Location, We shall require the Authorised Person to inspect the Goods and sign to confirm satisfactory receipt and acceptance.
- You or Your Authorised Person shall ensure any rejected or missing Goods are recorded on the delivery form at the time of Delivery at the Delivery Location.
- Upon Delivery of the Goods and/or Sign Off as applicable, the risk of loss of the Goods shall pass to You/Authorised Person.
13. Delivery Access
- Upon receipt of the Confirmation Order following the receipt of the required payment in full, Delivery shall be scheduled with You, or at your election an Authorised Person.
- Ensuring the availability of the Authorised Person for Delivery is Your responsibility. We shall not be liable for any Failed Delivery where You or the Authorised Person are unavailable to receive the Goods on the agreed Delivery Date.
- By engaging Us to carry out any work, You confirm legal entitlement to do so.
- You undertake that You shall be legally entitled to grant access to the Delivery Location. Any failure to ensure access to the Delivery Location on the Delivery Date by Our personnel shall be subject to a failed delivery charge as specified under clause 22.2.
- Alternatively, should you instruct Us to collect and/or drop of keys to an Authorised Person and/or instruct an Authorised Person to accept the Goods at the Delivery Location on Your behalf, this shall be done so entirely at Your own risk.
- For a key collection, an authorised address must be in the vicinity of the Delivery Location, either (a) within the same postcode or (b) a postcode immediately adjacent.
- We shall not accept any liability, losses or costs directly or indirectly arising due to any act or omission of the Authorised Person, or an act or omission by the Authorised Person, which causes You to Breach any provisions of this Contract.
- We shall return the keys to the same Authorised Person in the vicinity as agreed in writing with You. This will normally be on completion of the Delivery unless otherwise requested.
- Where the return of the keys to the same Authorised Person following Delivery, it is not practicable to do so, We may be able to make an alternative arrangement with You to return them at the earliest reasonable opportunity.
14. Accessibility to Delivery Location
- You shall ensure that the Delivery Location is accessible and parking for commercial vehicles close to the Delivery Location is made available.
- You shall ensure that the Delivery Location is in a suitable condition to allow the Delivery of the Goods and performance of the Services, including but not limited to the property being:
- Free from any health and safety hazards.
- Flooring, carpeting, electrical, plumbing, or other such work must not impact the feasibility of Our Delivery.
- Any building or refurbishment work that may affect the Delivery must be completed throughout the building (e.g., all paint must be dry).
- Staircases and lifts must be in working order for use by Our personnel.
- Sufficient space must be available at the Delivery Location for Us to Deliver the Goods.
- You shall be 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 required and ensure the Goods will fit into the property.
- We shall not be liable for and We reserve the right to refuse to carry out any Delivery that We deem to be unreasonable, or unsafe.
- Your failure to meet any of the Delivery access obligations as stated in this clause 19 which prevents Us from being able to carry out the Delivery at Our absolute discretion, shall be classed as a Failed Delivery in accordance with clause 22 and You shall be liable to Pay a charge to Us as specified under clause
15. You Access Obligations
- Where an Authorised Person is designated to receive Delivery, You shall provide Us with all contact information for the Authorised Person as well as confirmation of access to the Delivery Address upon placing the Order.
- Should You fail to provide all information in accordance with clause 4.5 above, the Delivery slot shall be cancelled and will be classed as a Failed Delivery in accordance with clause
- Where We are instructed to collect keys from an Authorised Person in accordance with clause 13.1, We shall require a signature to confirm they have been collected and returned where applicable. Such signature does not confirm acceptance of any of the Goods delivered.
16. Standard Assembly & Installation
- Goods shall be Delivered and Installed in Your room of choice by uniformed and trained David Phillips’s staff.
- Goods shall be assembled and installed unless specifically instructed otherwise.
- Specified unwanted Goods can be removed at Our discretion on a like-for-like basis as set out herein for an additional charge. This option must be selected at the time of placing Your Order with Us.
- If no specific instructions are provided upon or prior to Delivery, the delivery team will use its discretion to determine where to place the Goods.
- We shall not accept any liability arising out of or in relation to the placement of Goods where no direction was provided.
17. Packaging Removal
- Should You elect, We shall remove certain packaging and waste from the Goods that We Deliver to You for recycling or disposal.
18. Incorrect Orders
- In the unlikely event You receive an incorrect Order due to Our error, We shall make good by correcting the Order, arranging collection and re-delivery to the Delivery Location at Our cost 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.
- The Goods are in the same condition as when they were Delivered to the Delivery Location.
- We are able to collect the incorrect Goods from the Delivery Location within five (5) Business Days from when You notify Us of the incorrect Order.
- Should you elect for us to refund the value to You, this shall be done within 30 Business Days following the communication of this request from You.
- Nothing in this clause 18 shall affect or is intended to affect Your statutory rights.
19. Order Cancellation
- If You have submitted Your Order and received Your Order Confirmation email from Us but have not yet received Your Goods and/or Services, You may still be able to cancel Your Order with Us.
- You shall be permitted to cancel your Order no later than seven (7) working days from the date of placing Your Order, provided that;
- You inform Us of Your decision to cancel by a clear statement in writing.
- Your name.
- Order number.
- Delivery Location address and geographical location.
- Your phone number and email address.
- Any returns made of Goods and/or Services in accordance with clause 20.1 paid for by cash or credit shall be refunded back to the original method of payment.
20. Returns Policy
- You acknowledge and agree that all Goods sold on the Release website, are second hand and may show signs of wear and tear. As a result, all sales are final except in the event that / Goods sold to You, are damaged prior to Delivery which renders the Goods not being fit for purpose.
- In the case of Goods which are not fit for purpose, as described in clause 20.1, We will not charge You to collect the Goods, or we will reimburse the charges incurred to return the Goods.
- Should You opt for a refund in accordance with clause 6.9 the reimbursement shall be processed no later than after the day we receive your request for a refund.
21. Amended Orders & Delivery Dates
- Any refund for cancelled Goods shall be paid to You once the Order has been Invoiced.
21.3 Once a Delivery date has been confirmed with the You or Your Authorised Person, any cancellation or amendment shall be subject to charge.
- Where We are unable to Deliver any Goods and/or Services for any due to reasons which are Our fault, any Goods and/or Services affected shall be cancelled from the Order without charge.
22. Failed Delivery
- Where We are unable to carry out a Delivery or are unable to complete any Services for any reason which is beyond our reasonable control in accordance with clause 26, We shall attempt to notify You at the earliest opportunity to agree a solution.
22.2 Where any such failure to deliver results from failed access or some other reason for which You or Your Authorised Person is responsible, a charge
- Subject to clause 22.2 ‘Failed Deliveries’ can be rescheduled.
- Where applicable, a failed Delivery charge shall be deducted from the refund.
- You shall indemnify, defend and hold Us, Our officers, directors, employees, agents and suppliers, harmless, from and against any and all claims, liability, damages, losses, costs and expenses, (including legal fees), arising out of or in connection with any loss to Us or Our Affiliates caused by;
- Damage to any equipment (including that of third parties) caused by the You, Your agents or employees during the course of Delivering any Goods or carrying out any Services.
24. Limitation of Liability
- Our total liability to You shall not exceed 100% of the contract price paid to Us for the Goods and/or Services to which the liability arises.
- We shall not be liable to You or be deemed to be in breach of these Terms of Sale by reason of any delay in performing, or any failure to perform, for reasons beyond Our reasonable control, including, but not limited to any Force Majeure event as referenced under clause 26 below.
- Nothing in this clause 24 shall exclude or is intended to exclude or limit Our liability for:
- Death or personal injury caused by Our negligence.
- Fraud or fraudulent misrepresentation.
- Any other matter which cannot be excluded or limited by law.
25. Exclusion of Indirect and Consequential Loss
- We shall not be liable to You for any indirect, special or consequential loss, howsoever caused or arising (whether caused by Our servants or agents or otherwise) which arise out of or in connection with the supply of the Goods and Services to You, including but not limited to:
- Pure economic loss.
- Loss of profit.
- Loss of business.
- Depletion of goodwill or otherwise
- Expenses or other claims.
26. Force Majeure
- We shall have no liability to You whatsoever for any and all delays in the Delivery of Goods or Services or any other matters that Our We are obligated/liable to provide, to the extent that the delay is due to any Force Majeure event.
- In unforeseen circumstances such as poor weather, traffic congestion or full capacity, we may not be able to complete Next Day Delivery which shall fall within this clause 37 Force Majeure Provision.
- Other Force Majeure events include but are not limited to acts of God, disease, epidemics, war, flood, fire, labour disputes, strikes, lock- outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
- Should any Force Majeure event arise, We shall inform You as soon as reasonably practicable when We become aware of the Force Majeure event and where possible, provide timescales as to how long it is expected for the Force Majeure event is due to continue
27. Dispute Resolution
- Each Party agrees to attempt to resolve any disputes which it has with the other amicably but nothing in this Clause 28 is to prevent the exercise by a Party of its other rights under this Contract.
- If a Party considers that a dispute has arisen it may write a letter to the other Party specifying:
27.3 If the Dispute is not resolved within the period set out in the letter then representatives of the Parties must meet within a further period of 10 (ten) Working Days to discuss the Dispute.
27.4 If the Dispute is still not resolved within 10 (ten) Working Days of the date of the meeting at which the Dispute is considered then the Chief Executive/Managing Director of each Party must meet within a further 10 (ten) Working Days to seek to resolve it.
- We reserve the right to assign the rights and obligations, including debt obligations, under any contract pursuant to this Contract without notice.
- The Parties agree that no failure by either Party to enforce the performance of any provision of the Contract shall constitute a waiver of the right to subsequently enforce that provision or any other provision.
- Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
- The Parties agree that, in the event that one or more of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable, that those provisions shall be deemed severed from the remainder of these Terms of Sale (and, by extension, the Contract). The remainder of these Terms of Sale shall be valid and enforceable.
- Each provision of the Terms of Sale and by extension the Contract, 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.
32. Exclusion of Third Party Rights
32.1 A party who is not a party to the Contract for the Order of Goods and/or Services shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms and conditions of this Contract.
33. Governing Law & Jurisdiction
33.1 This Contract (including any non-contractual matters and obligations arising from or associated with this Contract) shall be governed by, and construed in accordance with, the laws of England and Wales.
33.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms of Sale (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
34. Data Protection
35.1 Electronic communication such as e-mail is expressly allowed as a means of service for all types of notices and written communications by Us. The Furnishing Incentives team can be contacted at firstname.lastname@example.org.