This page contains information on the terms and conditions for purchases from Leon & Nico’s. By using or accessing this website and/or placing any order(s), you agree to be legally bound by these terms and conditions. 71 Ballysillan Road, Belfast BT14 7QQ
All orders are subject to our full terms and conditions (below). Nothing in these conditions affects your statutory rights as a consumer.
Standard conditions of sale
I. “Buyer” means the person who buys or agrees to buy the Products from the Seller.
II. “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
III. “Delivery date” means the date specified by the Seller when the Products are to be delivered. Please note we give this as an estimated delivery date hence is not definitive
IV. “Products” means those goods specified.
V. “Price” means the Price for the Products including packing and VAT.
VI. “Seller” means Leon & Nico’s.
VII. “Consumer” shall bear the meaning ascribed in section 12 Unfair Contract Terms Act 1977.
2. Conditions applicable
I. Nothing in these conditions shall affect the Buyer’s statutory rights as a consumer.
II. The Seller shall sell, and the Buyer shall purchase, the Products in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller. This includes, but is not limited to, orders placed using the Seller’s electronic online ordering service, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
III. Any typographical, clerical or other error or omission in any sales literature, quotation, Price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
IV. If any provision of these conditions is adjudged invalid or unenforceable, in whole or in part, the validity of the other provisions of these conditions, and the remainder of those provisions in question, shall not be affected.
V. If the Seller does not have sufficient stock to be able to deliver the goods ordered by the Buyer then any sum paid by the Buyer will be refunded or re-credited to your account, and the Seller will notify you at the address given by you in your order form. The refund will be made as soon as possible and, in any event, within 14 days of your order. The Seller will not be obliged to offer any compensation for disappointment suffered.
VI. By placing an order using the Seller’s electronic online ordering service, the Buyer is making an offer which will not become a binding contract until the order is accepted by the Seller. The taking of payment from the Buyer’s credit card does not indicate acceptance of the order by the Seller. If the Buyer’s order is ultimately rejected by the Seller a refund will be made immediately.
3. The Price and payment
I. The Price shall be that as stipulated in the Seller’s published Price list, current at the date of order of the Products. In the event of an increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate, the Seller may increase the Price payable under the contract upon written notice. If notice of Price increase is given by the Seller, the Buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the Seller within 14 days of delivery of the notice of Price increase to the Buyer.
II. Payment of the Price shall be due at the date of the order. Time for payment shall be of the essence. If the Buyer does not pay the Price on notification of shipment, the Seller may bring an action for the Price even though property of the Products has not been passed to the Buyer. If the Buyer fails to make payment as required, the Seller may suspend delivery of the Products, or any further Products ordered, until payment is made in full.
III. Interest on overdue invoices shall accrue from the date when payment becomes due, day to day, until the date of payment at the rate of 2% above Barclays Bank plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.
IV. If more than one item is purchased and not all the item(s) are in stock, a refund will be made.
V. Items are subject to Price change due to stock fluctuations and promotions on a regular basis. For new orders we will not refund the Price difference or Price match once an order has been placed. If an order is cancelled, and then re-ordered to the same address, an administration charge of £37.50 will be required.
4. The Products
I. The quantity and description of the Products shall be set out in the Seller’s quotation.
II. The Seller may make any changes in the specification of the Products, which do not materially affect their quality or performance required to conform with any applicable statutory requirements, where the Products are supplied to the Seller’s specification.
III. Photographs are for illustrative purpose only, and may not exactly match the product itself.
IV. Please note: If products are bought at a different time then colour variances may occur, this is solely sue to batch differences and unfortunately cannot be prevented.
5. Warranties and liability
I. All goods supplied by the Seller come with a manufacturer’s warranty of at least 12 months.
II. The Seller shall provide the Buyer with such information as is required to claim under the manufacturer’s warranties. In the event of a claim, the Buyer shall, in the first instance, contact the Seller’s customer service department.
III. The Seller does not provide any warranty cover against accidental damage caused post delivery.
IV. Except where the Buyer acts as a consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the Products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
V. The Seller shall not be liable for any damage or defect arising from placement of furniture with underfloor heating and/or close to radiators and/or, similarly, in a location affected by direct sunlight/natural elements/weather for example a conservatory or any other natural factors. The Seller will not be responsible for any damage or defect arising from moving the furniture from the location it is delivered to, to a different location.
VI. Insofar, as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state whichever is more financially viable for the Seller or to refund to you any sums actually paid by you for the goods in question. Any damage to packaging should be noted on the delivery note. Any damage to the product must be notified within 30 days of receiving the Products. Pictures will be required for any damage or concerns for us to be able to resolve and these must be received within 30 days of receiving the Products. The Seller is thus not responsible for any damage notified after this time. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us, and will have no liability for any failure or delay in delivering goods, or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. Nothing in this Clause 5 affects your statutory rights as a consumer.
VII. The Seller shall not be liable for any injury or accident caused whilst receiving or carrying goods/Products to either the person or property or both. This does not affect your statutory rights as a consumer.
VIII. Please ensure as with all oiled oak Products that the Products are oiled within the first month of receiving and then every 6 months thereafter. If the care instructions are not followed this may affect your warranty.
IX. Although our furniture has been dried naturally, and kiln dried, movement and cracking can occur. Keeping your wooden table or counter in a cool environment, with a temperature of around 72 degrees and a relative humidity of approximately 45-55%, with some air movement will help to avoid excessive warping or cracking. Vinyl table cloths and glass tops can prevent air from circulating, so it is best to avoid using these.
A sudden change in temperature or humidity will cause the moisture within the wood to be affected which causes tension within the material, changing your thermostat gradually as the seasons change will help to prevent this.
Excessive heat and drying can cause your wooden furniture to crack or split. Avoid leaving hot plates or water to stand on the piece for long periods of time and do not place it in direct sunlight. Always use mats/coasters and never put anything hot or wet on the surface unprotected.
Small cracks appearing on the surface of wooden furniture is perfectly normal and caused by natural movement of the material, this can also cause epoxy or resin fills to lift and should not cause concern.
X. Warranty does not cover commercial use.
XI. Warranty does not cover items which have been shipped off of UK mainland.
XII. Any errors, damage or faults will be rectified at the address where delivery took place
XII. Please be aware it is your responsibility to check that the packaging is not damaged. In the event of damaged packaging you MUST make a note stating ‘Packaging Damaged’ when signing for the delivery. We accept no liability for damage unless this procedure is followed.
6. Delivery, Returns and Cancellations
I. We will always try to deliver your goods as soon as possible but please be aware that the delivery in certain postcodes, or during busy periods, could take longer as outlined in the below points. Our Next Day Select Day feature enables you to select the day of choice for delivery from our next available delivery option.
II. The Seller shall use his reasonable endeavours to meet any date agreed for delivery.
III. In the unlikely event that our ability to deliver the goods on a pre-arranged delivery date is compromised by weather conditions or extreme circumstances outside of our control, we will always endeavour to re-arrange a new delivery for the nearest available delivery slot.
IV. Please note the lead time given on the product. If there is a delay to that lead time then we will endeavour to contact you to advise you of this. One can cancel the order for a full refund at any time prior to the delivery company contacting you with a delivery date. The Seller shall not be liable for any delay in delivery howsoever caused.
VII. Generally, where an order contains more than one item, all items will be delivered at the same time, once all items are available. However, there are occasions where it is necessary for us to make more than one delivery which is solely dependent on the supplier/ manufacturer and stock availability.
VIII. Where a delivery date has been agreed with our carrier but the customer isn’t present to receive the delivery, we reserve the right to charge the customer a minimum of £45 plus VAT to cover part of the cost of the failed delivery.
IX. An order may be cancelled at any time between the placement of the order and 14 days following delivery of the goods. However, if this is not a stock item and has been ordered especially for you there will be a cancellation fee of £45 plus VAT.
X. Please note that for selected items of leather upholstery, there is a 50% cancellation/returns fee, and on items ordered especially for you i.e. bespoke made to an individual’s specification, unless the order is cancelled within one week of placement. If the item is not a leather upholstery or bespoke item then it can be returned as per the terms above.
XI. Deliveries will be made to room of your choice on most items. However, restrictions may apply to the floor on which the room resides and the weight of the package. Our delivery company will deliver to a maximum of the 2nd floor of a property and for any packages in excess of 60kgs we reserve the right to only deliver to the ground floor. In the event of a package weighing more than 60kgs, and for any rooms residing over the 2nd floor, it is the responsibility of the customer to take the required preparation for delivery and make their own arrangements to transfer the package to the room of their choice. Please note that when choosing our 1 Man Delivery option your goods will be delivered to your door only (1 man delivery is only available on certain items). The Seller will not accept any liability or action for any deliveries made in addition to the maximum parameters set out within this clause.
XII. Mattresses need to be checked on delivery by the customer and are non-returnable, non-refundable once signed for, and if the packaging has been opened in any way.
XIV. Deliveries to certain locations, or where a delivery is required on a specific day or needed urgently, may be a one person delivery service. In this instance, the item(s) may not be able to be taken to a room of your choice and will be placed in the nearest possible location.
XV. In the event that the customer has measured their property incorrectly and wishes to return or exchange their item(s) because it does not fit into the room, the customer would be required to cover the actual cost of delivery or exchange. This includes: the product is not the size the customer would like or, for health and safety reasons, the product cannot fit into the property.
XVI. Items ordered on ‘Next Day Delivery’ will be delivered the following working day providing the order is placed before 11a.m. Next Day Delivery is subject to availability and may be withdrawn from time to time when we have high demand, until the backlog is cleared.
XVII. All of our products (including those the customer has chosen a designated day to be delivered as well as products with longer lead times) will be delivered between the hours of 7.00am and 9.00pm. A timeslot will be sent via text or email the evening before the delivery.
XIX. For bulk orders of more than 3 items, an additional delivery charge may be applicable, please call us for more details.
XX. For an exchange we must be contacted within 14 days of the delivery, the product must come back in the same condition it was delivered in, having not been assembled, and the exchange charge and cost of the new item and exchange fee will need to be paid prior to delivery. Once the returned item has been inspected, a refund of the product returned will be issued within 14 days of return of the goods.
XXI. Due to the weight of some of our larger and/or heavier items, the delivery and assembly is limited to ground floor only. Any delivery that is unsuccessful, as they are in excess of these terms and endanger the health and safety of the delivery technicians, will be charged at the Price of delivery plus collection of the items.
XXII. There will be a charge of £250 + VAT for the return of marble or large glass extending dining tables, which are delivered by our specialist delivery team. The item must not have been assembled as assembly of the goods is deemed as acceptance.
XXIII. The customer must give at least two working days notice to make changes to their confirmed delivery date; otherwise they will be liable for a re-delivery charge or cancellation fee of £45 + VAT. The customer must give at least two working days notice to make changes to their order once a delivery date has been agreed otherwise they will be liable for a re-delivery charge or cancellation fee of £45 + VAT in line with our Returns and Refunds Policy.
7. Acceptance of the Products
I. Other than where the Buyer acts as a Consumer, the Buyer shall be deemed to have accepted the Products 14 working days after delivery to the Buyer.
II. The assembly of goods is deemed as acceptance, and the Products can therefore not be returned.
III. If in the unlikely event your package(s) arrive damaged you must have informed the delivery company by indicating on the delivery note, ‘packaging damaged’ when signing for the delivery. We are unable to accept any liability for damage unless this procedure is followed.
IV. Upon delivery a signature will be required at the time of delivery. If the delivery cannot be completed, should a signature not be available at the pre-arranged time of delivery, the customer will be liable for a re-delivery charge or cancellation fee of £45 + VAT.
8. Title and risk
I. Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
II. Notwithstanding any other provision herein, title of the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.
III. The Buyer shall not be entitled to pledge, or in any way charge by way of security, for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so, all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.
9. Insolvency of Buyer
I. This clause applies if:
a. The Buyer makes any voluntary arrangements with its creditors, or becomes subject to an administration order, or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or
b. An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or
c. The Buyer, not being a consumer, ceases, or threatens to cease, to carry on business, or
d. The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
II. If the Clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Products have been delivered but not paid for the Price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary.
I. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller’s premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
II. Any notice required, or permitted to be given, by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer’s address as provided to the Seller.
I. The headings of the Clauses in these conditions are intended for reference only, and will not affect the construction of these conditions.
No statement, description, warranty condition or recommendation contained in any catalogue, Price list, advertisement, communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.
III. Additional costs
The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions, or through failure or delay in taking delivery, or through any acts or default on the part of the Buyer, its servants, agents or employees.
12. Proper law of contract
I. This Contract shall be governed by the law of England and Wales and any dispute question or remedy howsoever arising determined exclusively by the Courts of England and Wales.
I. Promotions cannot be used in conjunction with any other offer.
II. Specific promotions exclude orders using the interest free credit payment option.
III. Any promotional offer is valid for new orders only, placed within the timescale of the offer stated. No retrospective discount will be adhered to.
IV. We reserve the right to refuse any order for any reason.
V. Should a partial refund be required for any reason, any promotional discount given becomes null and void and will be removed from the amount due to be refunded.
14. Mailing List
I. If you have opted in to our database we will send you special offers and promotions by email. If you no longer want to receive offers and promotions by email, you can unsubscribe by clicking the unsubscribe link in the email. We will never pass on your email address to a third party for marketing purposes.
I. All data collected and/or stored by Great Furniture Trading Company is done so for the sole purposes of Leon and Nico’s Company business and an individual’s relationship with Leon and Nico’s and it’s subsidiaries. This will include, but is not limited to, customer communication, external marketing. Individual’s personal data will not be shared with a third party without prior written consent unless it is required to process their order.
II. No member of staff will share any personal data with a third party without the prior consent of the individual unless it is required to process their order. This includes, but is not limited to Name, address, email address and phone details.
III. All Great Furniture Trading Company staff will sign a consent form for their business email address, phone number and associated business contact details to be circulated for the sole purposes of Great Furniture Trading Company business.
I. Financial transactional data from previous financial years will be held on site in a secure locked cupboard for 6 years which only Great Furniture Trading Company staff have access to.
II. After their expiry any paper records will be destroyed by shredding the information to dispose of confidential waste on an annual basis.
III. Financial information for online payments are not held by Leon and Nico’s Company and are all managed by Sagepay, Great Furniture Trading Company hold none of this payment information.
I. The data held by Leon and Nico’s can only be as accurate as the information supplied to Great Furniture Trading Company. It is the responsibility of the individual to ensure their data is accurate.
II. Once an individual’s relationship with Leon and Nico’s Company has become inactive their personal data will be retained for 6 years before deletion.
III. An individual may at any time request the removal of their personal data by contacting email@example.com
IV. An individual may at any time raise a concern by contacting firstname.lastname@example.org For further details on your rights visit ico.org.uk