Terms & Conditions
Sand, Cornwall - St Ives Cornwall
1. The following terms and conditions of sale (the “Terms of Sale”) apply to all orders placed with Sand Cornwall Ltd for all of our services except where specifically stated otherwise within these Terms of Sale.
2. The Terms of Sale set out the basis on which Sand Cornwall Ltd enters into a contract to provide goods or services to the Customer.
3. Sand Cornwall Ltd reserves the right to change its Terms of Sale at any time. Any changes will be effective from their date of publication on Sand Cornwall Ltd website.
4. 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 us for clarification first.
5. By purchasing through Sand Cornwall Ltd you are entering into a legally binding contract with us. This means that you and we have rights and obligations. If you are unsure of your rights and obligations now or at any time during the contract please seek independent advice.
6. By placing an order with us you are accepting these terms and conditions.
1. The contract is with Sand Cornwall Ltd. The terms “the Company”, “we”, “us” and such like are used for convenience and should be construed accordingly.
2. The term “Customer” is used to include the person or legal entity that placed the order and 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. This includes the property owner, an estate agent or property manager or other such authorised person. 3. The term “Access Contact” includes the Customer as defined above but extends to any other nominated point of contact facilitating access (examples include the managing agent or tenant, etc.).
Orders – Stock Availability and Pricing
1. Quotations are submitted and orders are only accepted subject to the terms and conditions that follow. These terms and conditions supersede any buyers’ terms and conditions.
2. Prices quoted are inclusive of VAT at the current rate. We reserve the right to alter prices at any time up or down depending on fluctuation
of exchange rates or VAT. Any price changes will be confirmed to you at the time of order. Prices quoted are exclusive of any delivery charges that might be incurred. Delivery charges will be confirmed at the time of order payment.
3. We accept payment by cheque, BACS, Switch, MasterCard and Visa. Full payment is required at the time of purchase for all stock items.
4. All stock items are subject to availability. We will use our best endeavours to ensure that all items quoted are available on the expected date of delivery.
5. Special order items are subject to the manufacturers lead times and will be advised upon placement of order or order confirmation from the manufacturer. Please note Sand Cornwall Ltd cannot be held responsible for any change in dates for special order items.
6. We reserve the right to discontinue any featured item without notice, either temporarily or permanently. We are not liable for any modification, suspension or discontinuation of any featured item.
7. Matching colour finishes: For all items made from natural products, such as leather or wood, it is not possible to guarantee items will have the same colour, shade, and pattern or finish as items viewed in the showroom or website, due to the inherent nature of such products. All
measurements are approximate and the reproduction of colours on the website cannot be perfect, but is as accurate as photographic and publishing processes allow.
8. We cannot guarantee to match goods exactly which have been ordered at different times. Please note fabric samples are a representation of the colour only; exact colour swatches can be requested at time of order.
9. Safety regulations: all products comply with appropriate safety and consumer regulations.
10. Not all goods or promotions on Sand Cornwall Ltd website will necessarily be available to those ordering by telephone or through other channels. Where an ordered item is unavailable within the agreed delivery deadline, a substitute may be offered. If preferred, we will deliver the ordered item separately once it is in stock. If neither option is acceptable, we can offer a credit note to the full value of the item. See below for details on cancellations and refunds.
Special & Bespoke Items
1. We are able to order special or bespoke items for a Customer.
2. We will not order such an item from our suppliers until we have received a confirmed order and payment.
3. Such non-standard items may require a lead time. The estimated lead time will be notified upon order. Delivery will be scheduled for a date after all items are due to have been received.
4. Special order items are non-refundable and cancellation of order will incur a minimum of 25% or 50% if cancelled within 2 weeks of delivery date.
Payment – Payment Terms
1. Payment is due upon order unless agreed otherwise in writing. If a special order, a 100% deposit will apply, with full payment before delivery.
2. Orders will not be scheduled for delivery until the required payment has been received.
3. For orders paid by card, we reserve the right to request to check the card, receive proof of identification and to obtain a signature to confirm payment is due before carrying out the delivery. Delivery can only be made to the registered card address.
4. Where another payment method is used, we reserve the right to wait until payment has cleared before delivery is made.
5. Order confirmations can be sent on request before delivery. This will normally be by e-mail to the billing contact.
6. For online purchases, invoices will be sent to the nominated billing contact on completion of the delivery. Unless requested otherwise, this will be by e-mail.
7. Invoicing will normally take place once all items on the order have been successfully delivered. However, we reserve the right to invoice part-shipped orders.
8. All invoices are payable within the agreed payment terms from the date of the invoice. This invoice date and the due date are shown on the invoice.
9. All items remain the property of Sand Cornwall Ltd until payment in full has been received. This includes payment of any charges associated with the order.
10. Where payment is not received within the terms of the contract, the Company will be entitled to pursue any legal rights to recover the sums due. The costs of any such legal remedy and any enforcement will be added to the debt. Where the furniture is recovered, all costs of recovery will be added to the debt.
11. The Company reserves the right to assign any debt.
1. Quotations are valid for thirty days. Prices (excluding VAT) will be honoured during this period.
2. Beyond this period, the prices and items available are liable to change.
3. Where applicable, a signed quotation must be received before an order is raised.
4. Payment of the agreed amount must be made before any order is processed.
5. See above regarding non-standard items.
Delivery – Access
1. The Access Contact must confirm that access to the property will be available on the prospective delivery day 48 hours prior to delivery.
2. If access details are not confirmed by this time, the order will not be scheduled for delivery. Sand Cornwall Ltd will then attempt to contact the Access Contact to reschedule the delivery.
3. Arrangements can be made to meet the Access Contact directly at the property. If nobody is available to sign and check the goods then all items are at the customer’s risk.
4. There must be road access available to the property for commercial vehicles. Parking must be available within a distance that is reasonable
in relation to manually carrying all the items that are to be delivered and removed.
5. The property must be in suitable condition to allow delivery of the items ordered. The property must be free from any relevant health and safety hazards. Any flooring, carpeting, electrical, plumbing or other such work in the areas where items are to be delivered must be completed. Any building or refurbishment work that may affect the delivery must be completed throughout the delivery route (e.g. all paint must be dry).
6. There must be space within the property sufficient to deliver and install the items where additional installation charges have been agreed and paid.
7. Customers are responsible for checking the dimensions of any items ordered to ensure that there will be adequate space for access in lifts, staircases, hallways, doorways, etc. as well as in the space where the item is to be placed.
8. All staircases and lifts to be used for access to the property must be accessible and available throughout the scheduled delivery time.
9. The Company will use our best endeavours to complete any delivery or removal as far as is reasonably practicable. We reserve the right to refuse to carry out any delivery that we deem to be unreasonable. In such cases, we will attempt to contact the customer to arrange an alternative delivery solution.
10. Should any of the criteria listed above prevent Sand Cornwall Ltd from completing the delivery using reasonable means, the customer is liable to pay a charge towards the costs of the failed delivery. See under Failed Deliveries below for further details.
11. If the delivery team believes that delivery of an item to the Customer’s room of choice may cause damage to the Customer’s item or property or infringe Health & Safety regulations, we will inform the Customer. In such circumstances, Sand Cornwall Ltd will not be liable for any damage to the item or the Customer’s property as a result of attempting installation on the Customer’s instructions. We reserve the right to decline to carry out the delivery. Further charges will be incurred for a second delivery.
12. Details on the process of arranging access are given under the relevant service.
1. Where an Access Contact is at the property, we require the person to sign to confirm satisfactory receipt of the goods. If this person is dissatisfied in any way with the delivered items, this should be recorded on the Delivery Note. Likewise, any rejected or missing items should be noted on the Delivery Note.
2. If nobody is available to sign and check goods this will be at the customers own risk and Sand Cornwall Ltd cannot be held responsible for any damage.
1. Where we fail to carry out a delivery or are unable to complete any contracted work for any reason before the agreed delivery deadline, we will attempt to notify the Customer at the earliest opportunity to agree a solution.
2. Where any such failure results from failed access or some other matter for which the Customer or Access Contact is responsible, a charge may be payable.
3. Failed deliveries will be rescheduled in the normal course as set out below.
4. If it appears that an item has not been delivered, the Customer should notify within 24 hours. Where we accept that an item has not been delivered, the options available for any other failed delivery will apply. In case of a dispute, the Company will be entitled to reject any such claim if the Customer signed for receipt of the goods. Where the Customer was not present, the Company will be entitled to reject any claim.
Cancelled or Rescheduled Orders
1. It is the customer’s responsibility to check the order form and confirm that all products and address details are correct.
2. It is the customer’s responsibility to ensure that all measurements of furniture purchased are checked to ensure accessibility. Any item of furniture that we are unable to deliver as a result of problems involving access that were not mentioned in writing at the time of order will not be returned.
3. Unless agreed otherwise in writing, an order can be rearranged or amended without additional cost at any time before it is scheduled for delivery. However if the order is a special order and confirmed no changes can be made. Any additional payment is required before the order will be processed.
4. To cancel either an entire order or any item from an order, customers should contact Sand Cornwall Ltd, quoting the order number and/or delivery address. Charges will be applicable depending on date of order. Please ask at time of order or no cancellations will be applicable.
5. Once a delivery has been scheduled with the Customer or Access Contact, any cancellation, amendment or rearrangement is liable to incur a charge towards the cost of the rejected delivery (for a cancellation or rescheduling) or the need for an additional delivery (for an amendment) See also under Failed Deliveries below.
6. Where Sand Cornwall Ltd is unable to deliver any ordered item in accordance with these Terms of Sale; we will arrange items to be delivered at customer convenience.
Measuring & Fitting
We offer a measuring and fitting service provided by self-employed installers who can measure, deliver and fit your purchase if required. Payment for floor covering purchases, including delivery and fitting is to be made to Flooring Store at the point of order. We will be able to give you an estimation of delivery time and fitting appointment, however we will contact you upon receipt of your item/s and contact you to arrange an appointment for the floor fitters to deliver and fit your purchase. The installer is responsible for the quality and standard of the installation and any liability arising from the delivery/installation, while we maintain responsibility for the products and services supplied by us. It is the responsibility of the customer to ensure access to the property and the areas that require floor coverings to be fitted are clear of furnishings. Although the fitters take care not to cause any damage to your home or décor, it is possible that some vulnerable areas may become scuffed or marked during the fitting process. In some cases it is necessary to remove or trim doors to facilitate fitting of floor coverings, if this is required then the fitters may request to remove the doors but it is for the customer to arrange for independent services to replace them.
1. Appliances will generally not be connected unless specifically requested otherwise, subject to the required connections being available.
2. If we have to return to connect an appliance later because the relevant connections were not available at the time of delivery, a charge may be payable as described under Failed Deliveries below.
3. We are not able to connect gas appliances or carry out tasks that require a registered plumber or electrician. Unless previously arranged. This will be quoted separately and may require a site visit.
4. We normally leave refrigerators switched off on delivery. Most manufacturers require that they be left standing for several hours after transportation before being used.
Packaging and Waste
1. As part of Sand Cornwall Ltd delivery service, packaging and waste will be removed for recycling or disposal.
2. This does not include removal and disposal of waste left on the premises by previous tenants or occupiers. This will incur an additional cost to the client.
Removal & Disposal of Unwanted Goods
1. The Company is a registered waste carrier.
2. We can remove and dispose of any unwanted items on a like-for-like basis within a local 20 mile radius of the Cornwall Home Store. This is limited to items of equivalent size and weight. We will not be able to take any items that require a plumber or electrician to disconnect or any that require specialist tools or handling. Unless previously quoted – removal and redelivery will be quoted separately.
3. All items must be ready for disposal at the time of delivery. Refrigerators must be empty. Beds must be free from linen unless it has been clearly stated by the Customer during the order process that is to be removed with the bed. All property must be removed from the items (e.g. tops and drawers must be clear). All items must be free from infestation or any other health and safety hazard. We will not accept liability for any property left inside an item.
4. It is a legal requirement that each item to be taken away must be specified in advance so that we can raise a waste transfer notice. As such, the details must be given at the time of order. For refrigerators, it is necessary to specify for each item whether it contains CFCs. Without this information, we cannot remove them.
5. Items such as refrigerators may require specialist handling – this will be quoted separately.
6. Items which are not ready for disposal as described at the time of delivery will not be removed. If Sand Cornwall Ltd is asked to return to the property at a later date to remove items which were not ready for disposal on the original delivery date, this may incur a further charge in addition to the standard removal and disposal charge.
1. Despite all our efforts, there will inevitably be occasions where an item is faulty or damaged in some way. Where this is found at the time of delivery, we will arrange to deliver another at the next opportunity (in accordance with the relevant lead time and subject to stock availability).
2. All goods are guaranteed to be reasonably fit for the purpose of residential use. Unless otherwise specified, we guarantee that all items will provide a minimum of six months of reasonable residential use. We may offer longer guarantees on certain items; these will be set out on the company’s official sales information for the items. This excludes damage to fabrics or other surfaces, or general usage, arising from normal wear and tear. This guarantee is in addition to any warranty provided by the supplier. This does not affect the Customer’s statutory rights.
3. Where an item develops a fault within the warranty period, the Customer should notify us in writing with full details and photographs of the problem. We may request to inspect the item before acknowledging that the item can be returned as faulty. If the fault is covered under warranty, we will arrange for it to be repaired. Where we deem that repair will not provide a satisfactory solution, we will agree to exchange it.
4. Unless we specifically confirm otherwise in writing before an order is placed, we do not guarantee that any items are suitable for contract use. Contract items can be obtained but these will normally need to be ordered specially. See also below regarding Special and Bespoke Orders.
1. The terms and conditions outlined in this returns policy apply to any purchases from Sand Cornwall Ltd.
2. All sales must be checked for damage upon delivery and must be notified to Sand Cornwall Ltd within 24 hours, if not unwrapped. If unwrapped, checked at the time and signed for on delivery – no return will be allowed. Where the item is rejected at the time of delivery, due to damage a replacement will be delivered free of charge.
3. All special orders are non-refundable. If damaged, a replacement will be ordered. If they do not match the description in any material aspect, then a replacement will be ordered.
4. Replacements will not be offered for any item that has been assembled, whether by Sand Cornwall Ltd or otherwise (e.g. frame beds and flat-packed wardrobes) or for any bespoke item or other non-standard item that was ordered specially for the Customer. This restriction does not apply where the item is found to be faulty within the warranty period.
Limitations of Liability
1. Sand Cornwall Ltd.’s entire liability to the Customer under these Terms of Sale will not exceed the price paid for the goods and any other charges relating solely to those goods.
2. Sand Cornwall Ltd is not liable for any loss of revenue, profit, savings, goodwill, business opportunity, injury to reputation or for any other losses to the Customer that are not reasonably foreseeable by the Company when the order is accepted. No liability will be accepted under the contract with Sand Cornwall Ltd for any losses incurred by any associates, clients, partners, companies or any other person or legal entity related to the Customer except where specifically agreed otherwise in writing in advance.
3. In particular, we will not accept any responsibility for any losses due to a failure to deliver and install goods within the timescales set out in these Terms of Sale where we have made reasonable efforts to do so. This would apply in cases where the item was found to be faulty or damaged or any similar reason or where the Company attempts to make a delivery on the agreed day regardless of whether this is outside of the expected delivery time window. It would also apply where an item is unavailable but a suitable alternative has been offered.
Legal, Accounting and Miscellaneous
1. VAT. Value-Added Tax will be applied at the rate pertaining at the time in accordance with UK law.
2. Insurance. We are insured for public liability, employer’s liability and product liability. A copy of the certificate is available on request.
3. Jurisdiction. The jurisdiction for any legal claims is England & Wales.
4. Company Information is shown on our website and in our premises. Details are available on request.
1. By placing an order, the person doing so confirms that he or she is authorised to do so on behalf of the named person, company or other legal entity that is given as the Customer.
2. By engaging us to carry out any work, the Customer confirms legal entitlement to do so. In particular, the Customer warrants entitlement
to grant access to the property or any other area and to make any required alterations to it.
3. Where we are instructed to dispose of any items, the Customer confirms that he is the owner or that he is duly authorised by the owner. The Customer indemnifies Sand Cornwall Ltd against any claim that the Company is not entitled to carry out the instructions.
1. Customers are deemed to have accepted these Terms of Sale either by explicit acceptance or by continuing to engage in business with the Company after being given a reasonable opportunity to read them.
2. Invoices, web 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.
Additional Terms & Amendments
1. Additional terms or clarification of these may be added by other documents or correspondence provided to the Customer. The Customer will be deemed to have accepted any such new terms or clarification in the same way as the Terms of Sale.
2. Where such new terms conflict with these Terms of Sale, the Terms of Sale shall take precedence except as described below.
3. Any agreement that purports to change or contradict any of these Terms of Sale shall have any effect only where specifically agreed in writing in advance by Sand Cornwall Ltd management.
Sand Cornwall Ltd Packages & Design Services, Consultation & Installations Service for Furniture Packs
1. A consultant can provide advice and guidance on how to furnish the property to best effect. A site survey will be conducted on request for any property.
2. Deliveries will be carried out by specialist Sand Cornwall Ltd personnel who are experienced in providing this enhanced service.
3. All items will be delivered and set up in accordance with the Customer’s request or any agreed scheme.
4. If bed linen is ordered, beds will be dressed (unless requested otherwise).
5. If any prints or mirrors are ordered, these will be hung (unless requested otherwise). Sand Cornwall Ltd cannot be held responsible for any holes wall, repairs etc.
6. Any accessories purchased from us will be laid out appropriately to dress the property in accordance with Sand Cornwall Ltd installation standards (unless requested otherwise).
1. Where appropriate, we can offer a Design service. This incorporates all of the features of the Furniture Pack service.
2. A designer or a consultant will survey the property to advice on how best to achieve the Customer’s goals.
3. Our Design team will produce a design scheme for the property to accompany any quotation.
4. Our Design team will recommend (and can ultimately order) any bespoke or special items that may be required.
5. A designer, consultant or manager will supervise the installation.
1. Normally we will deliver and install a furniture package within two weeks of receipt of a signed order confirmation and the necessary payment. At special request orders can be made available if in stock ready for delivery at a required date.
2. The lead time may be increased if access is not available throughout this period.
See above for more details on access. A longer period may also be required for multiple orders.
3. Where special or bespoke items are ordered, a longer lead time may be required. See above for more details. This will normally be the case for Design service projects.
1. Once a confirmed order and the required payment have been received, and once we have confirmed that all the goods will be available, the delivery will be scheduled with the Access Contact.
2. A period is required to complete the delivery, installation and dressing of the property. This delivery period will be within the
lead time as set out above unless agreed otherwise with the Customer or Access Contact.
3. The delivery period is normally three working days. For large orders, a longer period may be necessary. If so, we will advise the Access Contact in advance. Where access is not available throughout the delivery period, it may be necessary to extend the period accordingly.
4. A delivery refers to one property. For multiple orders or developments, a separate delivery will be arranged for each unit.
5. On account of the specialist teams required, the availability of delivery periods is limited. If the Customer or Access Contact needs to reschedule an arranged delivery period, a further lead time will apply to the rescheduled delivery period.
Sand Cornwall Ltd Rental Service, Delivery Terms
1. Orders of items for rental will be delivered and installed as per Sand Cornwall Ltd.’s terms for Furniture Pack orders.
Furniture Hire Agreement
1. All Rental customers are required to sign a “Furniture Hire Agreement”. This explains in detail the responsibilities of both Sand Cornwall Ltd and the Customer.
1. Deliveries or collections will normally be made within fourteen days depending on stock. Please ask if you require an immediate delivery date.
The site is owned and operated by:
Sand Cornwall Ltd, registered in England, company number 12081832.
The registered office is 3 - 4 Tregenna Hill, St Ives, Cornwall TR26 1SF.