DESON GROUP - TERMS AND CONDITIONS OF BUSINESS (January 2024)
1. DEFINITIONS:
1.1. Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business
1.2. Conditions: the terms and conditions set out in this document (as amended from time to time)
1.3. Contract: the contract between the Supplier and the Customer for the sale and purchase of the Products in accordance with these Conditions
1.4. Customer: the person or firm who purchases the Products from the Supplier in accordance with these Conditions in the course of business and as a business
1.5. Force Majeure Event: an event or circumstance beyond a party’s reasonable control
1.6. Order: the Customer’s order for the Goods, as set out in the Customer’s purchaser order form or the Customer’s written acceptance of the Supplier’s quotation or overleaf as the case may and shall include but not be limited to orders by telephone, email or such other method as we may permit from time to time
1.7. Privacy Policy: our privacy policy, full details of which can be found at the end of this document.
1.8. Product or Products: the goods and products (or any part of them) set out in the Order
1.9. Specification: any specification for the Goods, including any related plans and drawings, that is agreed in writing by the Customer and Supplier
1.10. Supplier: Any of the following companies separately of together are deemed to be the Supplier within the Deson Group: (1) Deson Bespoke Products Limited, registered in England (Company Number 11473173) whose trading address and showroom is at Unit H, Nickel Close, Winchester, Hampshire, SO23 7RJ and registered office is at 30 St. Giles, Oxford, OX1 3LE and VAT registration number GB304582910 and (2) Deson Developers Limited, registered in England (Company Number 11475208) whose trading address and showroom is at Unit H, Nickel Close, Winchester, Hampshire, SO23 7RJ and registered office is at 30 St. Giles, Oxford, OX1 3LE and VAT registration number GB303093640, and (3) Dovetail Living Ltd, registered in England (Company Number 15287903) whose trading address is First Floor, 2 Stamford Square, London, SW15 2BF and registered office address is Chancery House, 30 St Johns Road, Woking, Surrey, GU21 7SA and VAT registration is GB457458063 and (4) Deson London Ltd, registered in England (Company Number 15294578) whose trading address is First Floor, 2 Stamford Square, London, SW15 2BF and registered office address is Chancery House, 30 St Johns Road, Woking, Surrey, GU21 7SA.
1.11. You or Your: the Customer ordering the Goods
1.12. We, us or our: the Supplier
1.13. Websites: Our websites at www.desondevelopers.co.uk that is operated by us or such other websites as we operate.
2. INTERPRETATION:
2.1. If you order the Products on behalf of a company, organisation or other entity, then you includes you and that company, organisation or other entity and you represent and warrant that you are authorised to bind the company, organisation or other entity to this Contract (including these Conditions) and that you agree to this Contract (including these Conditions) on behalf of yourself and the company, organisation or other entity.
2.2. These Conditions set out the basis on which the Supplier may sell Products to the Customer. By submitting an order for the purchase of any Product, the Customer is indicating that they accept these Conditions and agree to be bound by them. If the Customer does not accept these Conditions, they will not be able to place an Order for the Products from the Supplier.
2.3. A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or a statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
2.4. Any phrase introduced by these terms “including”, “include” or “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words proceeding those terms.
2.5. A reference to writing or written includes faxes and emails.
2.6. Where applicable, the plural shall include the singular and the singular shall include the plural.
3. BASIS OF CONTRACT:
3.1. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing
3.2. The Order constitutes an offer by the Customer to purchase the Products in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification are complete and accurate.
3.3. The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, or issues an Invoice at which point the Contract shall come into existence.
3.4. The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Customer that is inconsistent with these Conditions.
3.5. Any samples, drawings, descriptive matter or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier’s Websites, catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Products referred to in them. They shall not form part of the Contract nor have any contractual force.
3.6. The Supplier may choose not to accept the Order for any reason prior to acceptance and if the Supplier chooses not to do so, the Supplier will not be liable to the Customer or to anyone else. If the Supplier does not accept the Order (whether in whole or in part), the Supplier will refund any monies paid on connection with that Order (or that part which the Supplier does not accept).
3.7. A quotation for the Products given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of twenty Business Days from its date of issue.
3.8. This Contract and its Conditions are applicable for Customers purchasing as a business and in the course of business and this Contract and its Conditions shall not apply or have effect in the case of a Customer who is a consumer and purchasing as a customer in their own private and personal capacity.
3.9. The Contract is formed when the Supplier accepts the Order as defined by this clause 2. The processing of payment by the Customer or acknowledgement of receipt of the Order (whether by email, telephone or otherwise) does not constitute legal acceptance of the Order.
3.10. All Products are made to order.
3.11 The Customer may not cancel the Order once it is accepted by the Supplier unless the Supplier agrees to do so.
3.12. The customer will be required to pay (as per Clause 6.6) any invoice as specified before the Products will be ordered.
3.13. If the Contract includes any Specification it is the Customer’s responsibility for checking the accuracy and suitability of the plan prior to placing the Order. Any such plan or plans are and remain the property of the Supplier and may not be reproduced in whole or in part without the prior written consent of the Supplier. Any such plan may only be used by the Customer in connection with a quotation or Order for Products or services from the Supplier.
3.14. The Supplier will attempt to undertake a minimum of one site survey either pre-contract or post-contract, and one before delivery, or at such other times we deem suitable to confirm what the Supplier is doing or is not doing with regard to the supply, and where appropriate the fitting, of the Products as ordered, and for clarification any extras such as worktops, splashbacks etc. and any other items deemed necessary.
3.15. If the Supplier is denied the opportunity to carry out said surveys as required, the Supplier will not be able to complete the contract and the Customer will be deemed liable for the full price of the contract and additional storage and disposal costs as determined under Section 4 Delivery.
3.16. The Supplier only provides a limited choice of handles as part of the contract. If the handles are not acceptable to the Customer, the Customer will supply and fit their own choice of handle. Any fitting issues or damage caused by the Customer and/or its chosen fitters using their own choice of handle to any part of the kitchen will be the liability in full of the Customer, and any unit as such fitted will be excluded from any snagging, remedial work or any guarantee offered by the Supplier.
3.17. If the Supplier is contracted to fitting any part of the products supplied this will normally be undertaken during the standard working week. Any request to fit at the weekend, if agreed, will be subject to a minimum of double the standard fee.
4. DELIVERY:
4.1. The Supplier shall ensure where possible that each delivery of the Products is accompanied by a delivery note that shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Products (including the code number of the Products, where applicable), special storage instructions (if any) and if, the Products are being delivered by instalments, the outstanding balance of the Products remaining to be delivered); and
4.2. If the Supplier requires the Customer to return any packaging materials to the Supplier, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier’s expense.
4.3. If the Supplier is delivering the Products to the Customer, the Supplier shall deliver the Products to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Products are ready. Delivery is completed on the completion of unloading of the Products at the Delivery Location.
4.4. Delivery is only available in the mainland United Kingdom and is not possible to PO Boxes. Delivery is only available to the ground floor location at the delivery address.
4.5. The Supplier will not provide any unpacking, assembly, installation, fitting or waste removal services without express prior agreement.
4.6. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Products that is caused by a Force Majeure Event, or by any third-party, or delays in shipping whether by sea, land or air, or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instruction that are relevant to the supply of the Products.
4.7. If the Customer fails to take or accept delivery of the Products within three Business Days of the Supplier notifying the Customer that the Products are ready, then, except, where such failure or delay is caused by a Force Majeure Event or the Supplier’s failure to comply with its obligation under the Contract:
4.8. Delivery of the Products shall be deemed to have been completed by 9am on the third Business Day after the day on which the Supplier notified the Customer that the Products were ready; and
4.9. The Supplier shall store the Products until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
4.10. If twenty Business Days after the day on which the Supplier notified the Customer that the Products were ready for delivery the Customer has not taken or accepted delivery of them, the Supplier may resell or otherwise dispose of part or of all of the Products and after deducting reasonable storage and selling costs, and charge the Customer for any shortfall between the resold price of the Products and 75% of the original gross order price to which the products related. Any bespoke sized products that were ordered for the Customer will be charged at full invoice price.
4.11. If the Supplier delivers up to and including 5% more or less than the quantity of the Products ordered the Customer may not reject them.
4.12. The Supplier may deliver the Products by instalments, which shall be invoiced and paid for separately. Any delay in delivery in an instalment shall not entitle the Customer to cancel any other instalment.
4.13. The Supplier may use a third party courier to deliver the Products. Deliveries will not be made where the ground condition is uneven, not suitable to unload or likely to cause damage to the delivery vehicle. If the driver is instructed to unload and leave the Products on either the public highway or an adjacent pedestrian area or pavement, it is the Customer’s responsibility to ensure these are subsequently moved and the Supplier accepts no responsibility in this regard. An additional charge may be made if the driver is required to unload or deliver to a location other than that specified.
4.14. If the Supplier is contracted to deliver any part of the products supplied this will normally be undertaken during the standard working week. Any request to deliver at the weekend, if agreed, will be subject to a minimum of double the standard fee, plus any additional costs that may be charged by the Supplier's chosen logistics or courier company.
4.15 Bulk orders may be delivered in sealed ocean-going containers normally either 20 foot or 40 foot in length. The Customer is responsible for ensuring that the container seal is in place before agreeing to open the container. The Customer must inventorise the contents of the container upon unloading and keep a signed copy of the contents on file for a minimum of twelve months and make the inventory record available to the Supplier upon written request.
4.16. In exceptional circumstances, where the Customer advises the Supplier at least 21 days before the expected delivery date that is not able to take delivery of the Products, the Customer may request the Supplier to store the Products on its behalf for up to six weeks. Storage will be dependent on the Supplier having such available space in its warehouse, and will be subject to a minimum charge of £50.00 (exc VAT) per pallet or equivalent per week or part thereof. If the Supplier has insufficient space available, the Customer authorises the Supplier to make suitable arrangements for storage as deemed necessary and to charge the Customer cost + 10% (exc VAT).
4.17 Any missing or damaged items must be reported to the Supplier within 48 hours of delivery, after which the Supplier cannot be held liable for any damage or missing items.
5. TITLE AND RISK:
5.1. The risk in the Products shall pass to the Customer on completion of delivery
5.2. Title to the Products shall not pass to the Customer until the Supplier receives payment in full (in cash or cleared funds) for the Products and any other Products the Supplier has supplied to the Customer, in which case title to the Products shall pass at the time of payment.
5.3. Until title to the Products has passed to the Customer, the Customer shall:
5.4. Store the Products separately from all other goods and products held by the Customer so that they remain readily identifiable as the Supplier’s property;
5.5. Not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
5.6. Maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
5.7. Notify the Supplier immediately if it becomes subject to the any of the events listed in Clause 10.1; and
5.8. Give the Supplier such information relating to the Products as the Supplier may require from time to time.
5.9. If before title to the Products passes to the Customer, the Customer becomes subject to any of the event listed in Clause 10.1, then, without limiting any other right or remedy the Supplier may have, the Supplier may at any time:
5.10. Require the Customer to deliver up all Products in its possession that have not been resold, or irrevocably incorporated into another product or installation; and
5.11. If the Customer fails to deliver up all the Products in its possession promptly, enter any premises, with or without vehicles, of the Customer or any third party where the Products are stored in order to recover them.
6. PRICE AND PAYMENT:
6.1. The price of the Products shall be the price set out in the Order, or, if no price is quoted, the price set out in the Supplier’s Invoice.
6.2. The price quoted on the Order or Invoice is not guaranteed unless 100% of the payment has been received by the Supplier.
6.3. The Supplier may, by giving notice to the Customer at any time up to five Business Days before delivery, increase the price of the Products to reflect any increase in the costs of the Products that is due to:
6.4. Any request by the Customer to change the delivery date(s), quantities or types of Products ordered, or the Specification or design of said Products; or
6.5. Increase in prices by third party suppliers including any transport or delivery businesses for whatever reason or
6.6. Any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.
6.7. The price of the Products will indicate whether they are inclusive or exclusive of VAT. If VAT is applied it will be shown on the invoice at the current applicable rate.
6.8. The price of the Products excludes the costs and charges of packaging, assembly, installation, insurance, delivery and transport of the Products.
6.9. The costs and charges of packaging, insurance, delivery and transport of the Products will be invoiced to the Customer.
6.10. The Supplier will issue deposit, interim and final invoice as necessary. Kitchens and utility rooms will normally be invoiced as 30% deposit & 70% final payment; all other furniture will normally be invoiced as 50% deposit and 50% final payment. The Supplier reserves the right to amend the amount of deposit and final payments at any time.
6.11. Payment of the final invoice must be made at least seven working days before delivery.
6.12. The Customer shall pay the invoice in full and in cleared funds within or by the timescale indicated on the invoice. Payment shall be made to the bank account nominated in writing by the Supplier.
6.13. If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above Barclays Bank PLC base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgement. The Customer shall pay the interest together with the overdue amount.
6.14. The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law, or by written agreement between both parties). The Supplier may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
6.15. The Supplier may update the prices of the Products at any time. If any of the Products are mispriced the Supplier will not be obliged to supply the Products at the incorrect price or at all. If the Products have been mispriced the Supplier will at their discretion either cancel the Order and refund the price that the Customer has paid or endeavour to contact the Customer and ask whether the Customer wishes to continue with the Order at the correct price. If the Supplier is unable to contact the Customer or the Customer does not wish to continue with the Order at the correct price, the Supplier will cancel the Order and refund the price paid by the Customer.
6.16. Where the Supplier provides a quote to the Customer, the quotation will be subject to any terms and conditions that apply to that quote.
6.17. The Supplier only accepts payments by BACS or cheque (cleared funds). If payment by cheque is not cleared by the Customer’s bank, the Supplier has the right to charge interest as per Clause 6.13.
7. PRODUCTS:
7.1. The Supplier warrants that on delivery the Products shall:
7.2. Conform with their description and any applicable Specification; and
7.3. Be free from material defects in design, material and workmanship; and
7.4. Be of satisfactory quality within the meaning of the Sales of Goods Act 1979
7.5. In addition to your legal rights, we, the Supplier warrants that products we manufacture will carry a twenty five year manufacturer’s warranty provided :
7.6. Damage resulting from use which is not considered to be normal wear and tear (in our absolute discretion) is excluded from this warranty;
7.7. Any malicious or accidental damage as assessed by us (in our absolute discretion) is excluded from this warranty;
7.8. Any issues arising under this warranty must be raised before the expiry of twenty five years from the date of installation of the products;
7.9. The warranty only applies to the customer that purchases the product from us and is not transferable, unless the customer is designated a retail client that has nominated a third party builder to buy and install the kitchen or other furniture, and can provide evidence that the customer paid the builder for the service;
7.10. If the kitchen or other furniture is purchased as part of a new build project, that has an NHBC warranty, the warranty period will be reduced to ten years, but the rights under the warranty will be transferred to the first purchaser only of the newly built property as shown on the title deeds;
7.11. If the kitchen or other furniture is fitted in any residential property deemed by the Supplier to be for the purposes of letting the warranty period will be reduced to two years.
7.12. Kitchens or other furniture fitted in a non-domestic environment are excluded from these Terms and Conditions and any warranty is void.
7.13. Subject to clause 7.3, if :
7.14. The Customer gives notice in writing to the Supplier within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out in clause 7.5;
7.15. The Supplier is given a reasonable opportunity of examining such Products; and
7.16. The Customer (if asked to do so by the Supplier) returns such Products to the Supplier’s place of business at the Supplier’s cost, the Supplier shall, at its option, repair or replace the defective Products, or refund the price of the defective Products in full.
7.17. The Supplier shall not be liable for the Product’s failure to comply with the warranty set out in these terms in any of the following events:
7.18. The Customer makes any further use of such Products after giving notice in accordance with clause 7.14;
7.19. The defect arises because the Customer failed to follow the Supplier’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
7.20. The defect arises as a result of the Supplier following any drawing, design or Specification supplied by the Customer;
7.21. The Customer or any third party alters or repairs such Products without the written consent of the Supplier;
7.22. The defect arises as a result of the fair wear and tear, wilful damage, negligence or abnormal storage or working conditions; or
7.23 The Products differ from their description or the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements
7.24. Except as provided in this Clause 7, the Supplier shall have no liability to the Customer in respect of the Product’s failure to comply with the warranty set out in Clause 7.1
7.25. The terms implied by sections 13 to 15 of the Sales of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
7.26. These Conditions shall apply to any repaired or replacement Products supplied by the Supplier
7.27. Natural products may show some colour variation. To the extent permitted by law, the Supplier accepts no liability associated with such variations.
7.28. Orders are normally manufactured from the same batch of material, but if that is not possible, or additional orders are later manufactured there maybe slight colour differences in the finished product. Colour samples provided by the Customer will be matched as close as possible but may result in slight colour differences to the samples. To the extent permitted by law, the Supplier accepts no liability associated with such variations.
7.29. The Customer accepts that any third-party products supplied by the Supplier as part of a contract are deemed to have been supplied by the relevant third party for the purposes of any guarantees, warranties and performance.
7.30. Installation by a third-party including but not limited to incorrect installation or misalignment of units, doors, worktops or appliances is not within the scope of these Terms and Conditions and is not covered by this warranty. Any issues or complaints regarding installation need to be referred to the installer.
8. RETURNS:
8.1. The Supplier does not allow any returns.
9. LIMITATION OF LIABILITY:
9.1. Nothing in these Conditions shall limit or exclude the Supplier’s liability for :
9.2. Death or personal injury caused by negligence, or the negligence of its employees, agents or subcontractors (as applicable);
9.3. Fraud or fraudulent misrepresentation;
9.4. Breach of the terms implied by section 12 of the Sales of Goods Act 1979;
9.5. Subject to Clause 9.1 :
9.6. The Supplier shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including in negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
9.7. The Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £ 10,000.
10. TERMINATION:
10.1. Without limiting its other rights or remedies, the Supplier may terminate this Contract with immediate effect by giving written notice to the Customer if:
10.2. The Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within five Business Days of that party being notified in writing to do so;
10.3. The Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the Court, unless for the purposes of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
10.4. The Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or
10.5. The Customer’s financial position deteriorates to such an extent that in the Supplier’s opinion the Customer’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
10.6. Without limiting its other rights or remedies, the Supplier may suspend provision of the Products under the Contract or any other contract between the Customer and the Supplier if the Customer become subject to any of the events listed in Clause 10.1 or Clause 10.1 or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay amount due under this Contract on the due date for payment.
10.7. Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.
10.8. On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest.
10.9. Termination of the Contract shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Contract that existed at or before the date of termination.
10.10. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
11. FORCE MAJEURE:
11.1. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from a Force Majeure Event. If the period of delay or non-performance continues for four weeks, the party not affected may terminate this Contract by giving one weeks’ written notice to the affected party.
12. GENERAL:
12.1. Assignment and other dealings
12.2. The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
12.3. The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.
13. CONFIDENTIALITY:
13.1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group to which the other party belongs, except as permitted by Clause 12.2. For the purposes of this clause, group means, in relation to a party, that party, any subsidiary or holding company from time to time of that party, and any subsidiary from time to time of a holding company of that party.
13.2. Each party may disclose the other party's confidential information:
13.3. to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this Clause 13; and
13.4. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
13.5. No party shall use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.
14. ENTIRE AGREEMENT:
14.1. This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
14.2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
15. VARIATION:
15.1. No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
16. WAIVER:
16.1. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
17. SEVERANCE:
17.1. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
18. NOTICES:
18.1. Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, or fax or email.
18.2. A notice or other communication shall be deemed to have been received: 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or email, one Business Day after transmission.
18.3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. THIRD PARTY RIGHTS:
19.1. No one other than a party to this Contract and their permitted assignees shall have any right to enforce any of its term.
20. GOVERNING LAW:
20.1. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
21. JURISDICTION:
21.1. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation. EOE.
Privacy and Security
This Privacy and Security Policy outlines the principles and practices that Deson Bespoke Products Ltd and Deson Developers Ltd (“we” or “us”) will follow in protecting your Personal Information (which is any information or data from which you could be identified). We respect your privacy and will deal with any details given to us by you in all confidence, in accordance with national and European law.
Personal information collected:
When you order we require a limited number of personal or business details from you. These include your name, company name, telephone number, email address, delivery/invoice address and payment details.
Uses of personal information
We use the information you provide to administer your account with us, allow us to fulfil your order and contact you if there is a problem with delivery. We will send you emails relating to your order, including order confirmation and emails concerning progress of your order and installation details. We do not sell, rent, or otherwise provide personally identifiable information to third parties without your consent except where it is necessary to carry out your instructions (to process your payment information, for example).
Security
Personal information you provide will be secured in accordance with industry standards and technology. Since the internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit electronically to Deson Bespoke Products Ltd and/or Deson Developers Ltd. There is no guarantee that information may not be accessed, copied, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. You are responsible for maintaining the secrecy of your customer account information, and for controlling access to your email communications at all times.
Data Collection
Deson Group may at their discretion collect and store data of the Customer using online form collection services such as jotform.com or Google forms etc.
If you have any questions or comments please contact us at:
The Deson Group, First Floor, 2 Stamford Square, London, SW15 2BF