T&C’S
3AVA HOLDINGS LTD TRADING AS AVA HOME Terms of Business
These Terms.
1.1 What these terms cover. These are the terms and conditions on which we hire items to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. Upon submitting your order you are agreeing to these terms.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are 3AVA HOLDINGS LTD TRADING AS AVA HOME established in England and Wales. Our company registration number is 15409136 and our registered office is at Office 1a Whetstone Brothers, Manor Road, Atherstone, Wawrickshire, United Kingdom, CV9 1QY
2.2 How to contact us. You can contact us by telephoning our customer service team at 07487616372 or by writing to us at info@avahome.co.uk or in writing to the above address.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it the agreement and arrange payment a delivery. Upon this you have agreed to these terms. At which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources, which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 We only sell to the UK. Our website is solely for the promotion of our products in England, Wales and Scotland. Unfortunately, we do not deliver to addresses outside England, Wales and Scotland.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Making sure your measurements are accurate. It is your responsibility to ensure that the items ordered are of a suitable size for your property. In the event that an item does not fit into a property, or it becomes apparent that the item is surplus to requirements, you may return the item, however the hire charge will remain unchanged and payable for the Minimum Hire Period as set out in the Hire Agreement. We cannot accept responsibility for items not fitting into your property. Items can be exchanged but this will incur an additional delivery charge.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. PROVIDING THE ITEMS
6.1 Delivery and Collection charges. The costs of delivery and collections will be as stated on invoice, which are payable by you prior to the delivery of the items and we must be in possession of cleared funds prior to undertaking delivery. You shall be required to pay, in addition, for any toll, congestion and parking charges/fines that may apply to access the property from our warehouse. Weekend deliveries may incur a surcharge to cover additional labour costs and in this event, we shall advise you of this additional cost in advance.
6.2 It is your responsibility to ensure, where reasonable to do so, that there is close non-chargeable parking to your property and that we will have free and unobstructed access to your property for the delivery of our items. If applicable, parking permits must be obtained in advance by you.
6.3 When we will provide the items.
6.3.1 We will contact you to agree a delivery date, which will be within 30 days after the day on which we accept your order.
6.3.2 If you ask us to change the delivery date, we will endeavour to meet any new delivery dates, however, the charging period shall commence on the original hire date set out in our email agreement, unless we agree (in writing) to give you a maximum three day grace period.
6.4 We are not responsible for delays outside our control. If our supply of the items is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any items you have paid for but not received.
6.5 If we cannot obtain access to the property to deliver the items. If we are unable to access the property to deliver the items, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.6 will apply.
6.6 Your legal rights if we deliver late IF YOU ARE A CONSUMER. You have legal rights if we deliver any items late. If we miss the delivery deadline for any items then you may treat the contract as at an end straight away if any of the following apply:
6.6.1 we have refused to deliver the products; or
6.6.2 you told us before we accepted your order that delivery within the delivery deadline was essential.
6.7 Summary of your legal rights IF YOU ARE A CONSUMER. We are under a legal duty to supply products that are in conformity with this contract. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these terms will affect your legal rights. The hire items we provide you must be as described, fit for purpose and of satisfactory quality. If they are not, you can ask us to repair or replace the items, or get some money back if we can’t fix it. We will pay the costs of repair (done by us or our contractors) or replacement and collection.
6.8 Ownership of the items. All items shall remain in the ownership of us and on no account shall title transfer to you by virtue of this agreement.
7. DEPOSIT
7.1 You are required to provide a security deposit (being the higher of £500 or the equivalent of one month hire charge) once you have signed the Hire Agreement and prior to delivery. The security deposit is held by us against damage or loss of the hired items, normal wear and tear excepted. You, or a representative on your behalf who has given us access to the property, will be asked to confirm the condition in which the hired items are delivered to you when the delivery note is signed. The deposit, subject to any loss or damage to the items, shall be refunded by bank transfer into your bank accounts following collection and inspection of items.
7.2 You shall be liable for any damage caused to the hired items whilst they were in your possession and such damage will be charged for accordingly by us and deducted from the security deposit as appropriate. If the damage is valued by us at more than the amount of the security deposit, we reserve the right to claim the difference from you.
7.3 Deposits will be refunded within 14 days of the collection of the items. In the event of a dispute, the deposit will be refunded once we are reasonably satisfied that the dispute has been resolved.
8. YOUR OBLIGATIONS REGARDING THE ITEMS
8.1 Hired items should not be moved from the delivery address stated on the Hire Agreement without our prior written approval. If such approval is granted to move the hired items, you do so at your own risk and cost and will remain liable for the hired items, wherever their location, for the duration of the contract. If the delivery address changes and results in an increased distance from our warehouse, a further charge (which shall be notified to you with our prior written approval) may be made to cover the additional travel to collect the items. In the event that the hired items are moved from the delivery address without our written permission we shall consider this as a breach of the hire terms and at our discretion may invoice you for the purchase value of the hired items.
8.2 You agree to keep the hired goods in good condition and to return them to us in the same condition they were provided, fair wear and tear excepted.
8.3 The fixing of and hanging of hired items is your responsibility. We do not accept liability for any damage caused to your property or to the items as a result of you undertaking fixing and hanging of hired items.
8.4 The installation of hired items in communal areas is taken at your own risk. If you ask us to deliver to a communal area of your premises this is done at your own risk. We cannot accept any liability for accidental damage to any communal area of your property.
8.5 At our discretion, all soft furniture and accessories including sofas, chairs, rugs and mattresses that have stains and/or smells and/or animal hair evident may have to undergo specialist cleaning processes. The charge for specialist fabric cleaning to sofas and chairs is £35 per seat. Sofas with multiple seat positions will be cleaned completely and charged for ‘pro-rata’ (i.e. 3 seat sofa’s = £105, 2 seat sofa’s = £70, armchairs = £35 +). We reserve the right to apply a £10 per seat flea treatment charge where sofas and armchairs have been in rooms used by cats or dogs. Sofas with multiple seat positions will also be treated completely and charged for ‘pro-rata’ ( i.e. 3 seat sofa’s = £30, 2 seat sofa’s = £20, armchairs = £10). Rug cleaning charges are £35
8.6 It is your responsibility to ensure that all items should be emptied of personal belongings before they are collected, as we cannot accept responsibility for their safe custody.
8.7 Linen and bath pack items are non returnable goods and at the end of the initial hire period they shall belong to you. Should you want these items disposing of at the end of the final hire period, on written request, we shall take them free of charge when we collect the other hire items. We donate all linen and bath pack items to charities chosen by us.
9. SHOW HOMES & DISPLAY FURNITURE
9.1 You will be required to make a payment in respect of the initial hire period in full together with any applicable VAT in advance. We have to be in possession of cleared funds before we can undertake the delivery of the hire items.
9.2 After the initial hire period, payments must be made by Direct Debit and these are due on the first day of the month (or next working day if that day falls on a weekend or public holiday) payable in advance. We reserve the right to charge interest on any payments overdue by 3 days at 2% above Lloyds Bank per month on the amount overdue until it is paid in full.
9.3 Show Home and Display Furniture is strictly for that purpose and on no account should such furniture be used by anyone for any other purpose.
10. RIGHTS TO END THE CONTRACT
10.1 IF YOU ARE A CONSUMER ONLY (NOT A BUSINESS) – Exercising your right to change your mind You have a legal right to cancel your Order within 14 days of signing this agreement, if you are a consumer and not a business. If you cancel your Order:
10.1.1 within 14 days of signing this agreement and the items have not been delivered to you – you will receive a full refund;
10.1.2 within 14 days of signing this agreement and items have been delivered to you in accordance with your express agreement – you will receive a refund, less the (i) costs of delivery and (ii) cost of return of items, (iii) 80% of the remaining furniture hire charge for the full Minimum Hire Period, plus VAT. OR a minimum charge of £950 whichever is the higher.
10.2 This contract will automatically continue at the end of the Minimum Hire Period, as set out in the Hire Agreement, until either party gives 28 days notice of termination.
10.3 This contract can be terminated with 28 days written notice by either party. Should you terminate this contract before the end of the Minimum Hire Period as set out in the Hire Agreement, (other than in a scenario set out at clause 10.1 above), all outstanding hire payments to the end of the Minimum Hire Period will become due and payable. We shall require payment in full before we are able to collect the hire items.
10.4 If the item is faulty or misdescribed (see clause 6.7) or if we have delivered late (see clause 6.6) you may have a legal right to end the contract (or to get the item repaired or replaced or to get some or all of your money back).
10.5 We may end the contract if you break it. We may end the contract at any time by writing to you if:
10.5.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; and/or
10.5.2 you do not, within a reasonable time, allow us access to the property to deliver the items to you.
10.6 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.5, or, subject to clause 10.1, if you cancel an order prior to delivery of the hired items we will refund any money you have paid in advance for items we have not provided but we may deduct or charge you £500 as compensation for the net costs we will incur as a result of your breaking the contract.
11. HOW TO END THE CONTRACT WITH US (including If You Have Changed Your Mind)
11.1 To end the contract with us, please let us know by doing one of the following:
11.1.1 Phone or email. Call customer services on 07487616372 or email us at info@avahome.co.uk Please provide your name, home address, details of the order and, where available, your phone number and email address.
11.1.3 By post. Writing to us at Office 1a Whetstone Brothers, Manor Road, Atherstone, Wawrickshire, United Kingdom, CV9 1QY. Please provide your name, home address, details of the order and, where available, your phone number and email address.
12. COLLECTION OF HIRED ITEMS.
12.1 The Collection charge shall be paid at the termination of the hire. 12.2 We require 28 days written notice for the collection of items.
12.3 It is your responsibility to ensure, where reasonable to do so, that there is close non-chargeable parking to your location and that we will have free and unobstructed access to your property for the collection of the items. Weekend collections may incur a surcharge to cover additional labour costs and in this event, we shall advise you of this in advance. If applicable, parking permits must be obtained by you.
12.4 We require that you or your representative should be present at the time of collection to sign our collection note and confirm the condition of the items being returned. If this is not possible, you may be unable to contest any assessment we make as to the condition of the items.
12.5 Collection shall only take place when all outstanding charges have been paid. We have to be in possession of cleared funds before we can undertake collection of the hired items.
12.6 If collection has been organised and you fail to arrange access you shall be charged for failed collection.
12.7 If the hire goods are not returned you will be charge the full reasonable replacement cost.
12.8 Deductions from refunds. If you are exercising your right to change your mind:
12.8.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the items, if this has been caused by your handling them in a way which would diminish their value.
12.8.2 We may deduct from any refund an amount for the supply of the items for the period for which it was supplied to you, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
12.9 When your refund will be made. We will make any refunds due to you as soon as possible and in any event 14 days from the date we collect the items.
13. PRICE AND PAYMENT
Payment Terms. The payment terms are as follows:
13.1.1 Deposit. You are required to pay a deposit as set out in the order.
13.1.2 Initial Payment. You are required to make an initial payment of (i) a pro rata amount up to the end of the first month; and (ii) an amount equivalent to one month’s hire. We have to be in possession of cleared funds before we can undertake delivery of the hired items. You can make the initial payment to us by debit card, or bank transfer.
13.1.3 Monthly fee. Thereafter, subsequent monthly hire payments, must be made by Direct Debit and these are due on the first day of the month (or next working day if that day falls on a weekend or public holiday). We reserve the right to charge you interest on the overdue amount at the rate of 2% a year above the base lending rate of Lloyds Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount.
13.1.4 If the hire period is for three (3) months or less, the fee for the entire agreed period together must be paid in advance. We have to be in possession of cleared funds before we can undertake delivery of the rented items.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 When we are liable for damage to your property. We will make good any damage to your property caused by us while delivering the items. Any such damage must be reported to us by you by telephone immediately at the time the damage occurs and no liability is accepted for damage reported after the delivery team have left your property. However, if we are instructed by you to deliver items that we consider are not a suitable size for your property, then we shall not be responsible for any such damage caused. Additionally, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while delivering the items.
14.2 We are not liable for business losses. If you use the products for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, however arising.
15. PERSONAL INFORMATION
15.1 How we will use your personal information. We will use the personal
information you provide to us:
15.1.1 to supply the items to you;
15.1.2 to process your payment for the items;
15.1.3 if relevant, to pass on to the providers of electrical goods hired to you; and
15.1.4 if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
15.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
16.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
17.5 Which laws apply to this contract legal proceedings may be brought. These terms are governed by English law and either party can bring legal proceedings in respect of the products in the English courts. If you live in Scotland either party can bring legal proceedings in respect of the products in either the Scottish or the English courts.