1. Definitions: "The seller" means Artemis Home Ltd trading as KH Direct. "The buyer" means the person, firm or company which place the order with the seller. "The goods" means the article, things or items described in the order. "The Order" means the order placed by the buyer for the supply of the goods.
2. Unless otherwise agreed in writing by the seller, these conditions which supersede any earlier conditions appearing in the seller's catalogue or elsewhere shall override any terms and conditions stipulated, incorporated or referred to by the buyer whether in the order or in any negotiations and all guarantees, warranties or conditions (including any conditions as to quality or fitness for particular purpose) whether express or implied by statute, common law or otherwise are excluded and hereby negated (save where such exclusions are prohibited by the Unfair Contract Terms statute, Common Law, or otherwise are excluded and hereby negated, save where such exclusions are prohibited by the Unfair Contract Terms Act 1977).
3. All descriptions, specifications, drawings and particulars of weights, dimensions and materials have been given by way of identification only and the use of such information shall not constitute a sale by description. The sellers employees and agents have no authority to make any representation, statement or report not contained in or incorporated into the quotation by the seller and the seller shall not be bound by any unauthorised representation, statement or report if the seller adopts any changes in construction, design or specification of its products, the buyer shall accept the product so changed in fulfilment of the order.
4. The seller will notify the buyer orally or in writing of the arrival of the goods at the premises of the seller and the buyer shall within 48 hours of such notifications specify a date and time for delivery of such goods. In the event that the buyer fails to unload the goods within 3 hours of their arrival at the buyers premises or such other destinations as notified to the seller in the order at the time so specified the buyer shall be liable to the seller for the additional costs incurred by the seller. The seller shall not be liable to the buyer for any damage or loss arising directly or indirectly from any delay in delivery.
5. The seller does not guarantee the exact quantity of goods so delivered and the buyer shall accept and pay in full at the order price for all goods actually delivered notwithstanding minor discrepancies between the quantities ordered and the quantities delivered. The seller may at its absolute discretion despatch and invoice part orders.
6. Delivery charges are included in the price except where otherwise stated. Goods are not accepted by the seller for return from the buyer without the prior consent of the seller in writing. Payment shall be made prior to the delivery of goods to the buyer and in the event of late payment the seller shall be entitled to interest on the amount outstanding at the rate of 8% above the base rate of HSBC Bank PLC from time to time in force calculated from day to day.
7. All delivery notes must be signed by the buyer and the driver delivering the order. In the event that the quantity of goods delivered falls short of the quantity specified on the delivery note the actual quantity unloaded shall be recorded on the delivery note and countersigned by the buyer and the driver delivering the goods who shall also record the container Seal Number and whether "SEAL BROKEN" or "SEAL INTACT" on delivery.
8. The buyer shall inspect the conditions of the goods immediately upon receipt thereof and shall within 48 hours from such inspection give notice in writing to the seller of any matter or thing by reason whereof he alleges that the condition of the good is not in accordance with the contract. If the buyer shall fail to give such notice the condition of the said goods shall be deemed to be in all respects in accordance with the contract and the buyer shall be bound to accept and pay for the same accordingly. Any goods for the subject of a claim by the buyer shall be retained by the buyer pending inspection by the seller.
9. The seller shall not be obliged to entertain or discharge any claim for less than £150 and the maximum liability of the seller for shortages and defects in respect of any goods shall be the amount invoiced by the seller to the buyer in respect therefore. Under no circumstances shall the seller be liable to the buyer for loss of profits or economic loss.
10. The goods shall be at the buyer's risk from the time of delivery to the buyer's premises or to such other premises notified to the seller on the order.
11.
a. The goods shall be at the buyer's risk from the time of delivery to the buyer's premises or to such other premises notified to the seller on the order.
b. The buyer acknowledges that it is in possession of all such goods as bailee for the seller until such time as they become the property of the seller under paragraph 11(a).
c. Until the goods become the property of the buyer, the buyer undertakes to store such goods on its own premises separately from its own goods or those of any other person and in a manner which makes them readily identifiable as the sellers goods.
d. The buyers rights to possession of such goods shall cease if it does anything or fails to do anything which would entitle a receiver to take possession of its assets or which would entitle any person to present a petition for the winding up or bankruptcy of the buyer.
e. The seller may for the purpose of examination or recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored.
f. In the event that the buyer purports to sell all or part of such goods before the property therein passes to the buyer the entire proceeds of such purported sale shall be held in trust for the seller and shall not be mingled with any other money or paid into any overdrawn bank account and shall at all times be identifiable as the seller's money.
g. The buyer warrants that it is not at the time of entering into this agreement insolvent, and knows of no circumstances which would entitle any creditor to appoint a receiver or to petition for winding-up or bankruptcy or to exercise any other rights over or against its assets.
h. Orders can be placed by telephone, fax or e-mail. All export orders must be accompanied by evidence of export and a valid VAT number from importing country before invoicing, otherwise VAT will be charged. Container orders are only confirmed upon receipt of purchase order and a non-refundable deposit payment of 30%, payment must then be made in full before delivery. Orders cannot be reserved or allocated and stock is held on a first come, first served basis.
i. All prices exclude VAT. Payment can be made by proforma basis, and we accept BACs or cheques to clear the PI. All cheques returned unpaid will carry an administrative charge of £50.
j. There is no minimum order for collections. All collections must be arranged at least 24 hours before arrival and warehouse location will be advised. Delivery on orders to England and Wales will be free for all orders of £1,000 or more.
k. We will endeavour to deliver all orders in 2-5 working days. Many orders can be delivered more quickly. Urgent orders below the minimum order value will be subject to a carriage charge depending on location. There will be a surcharge for all deliveries to Scotland and SA postcodes. All 2-5 day pallet deliveries will be booked in and all smaller items will be sent next working day. The customer must ensure that appropriate parking is available during the delivery and that parking restrictions are made available at the booking stage. If delivery cannot be made for any reason, the delivery will re-incur a delivery charge of £50 per pallet of goods and £10 per smaller item. Goods that have been assembled will not be credited, unless there is clear evidence of a manufacturing defect. The customer must take full responsibility for checking and unloading of all deliveries. Claims for shortages will not be accepted after delivery. Damages and shortages must be reported to the office immediately and noted on all documentation.
l. All courier arrangements have to be made by the customer. At the time of collection the courier must know who he is collecting on behalf of and an itemised list of what is to be collected. Payment must be made before collection. All collections have to be signed for.
m. Incorrectly ordered items of cancelled orders can only be returned with prior agreement, they will be subject to all delivery and returns costs, 10% re-stocking fee and a full inspection before a credit can be raised. Goods to be exchanged must be retained in exactly the same condition as they were received. Goods must show no sign of assembly and must be in their original packaging. Retailers must ensure that their customers open packaging in a manner that can easily be put back together and that all items are checked before assembling. Goods that show any sign of assembly cannot be returned. Items that are returned incomplete will not be credited and this includes fixings, feet, etc. Assembled goods cannot be returned. Customers are reminded that damage caused by assembly or misuse will not be credited and will incur disposal charges where applicable. It is not acceptable that these goods are returned for credit and it is the retailer's responsibility to distinguish between manufacturing fault and damage caused by incorrect assembly or misuse. Goods risk will move to the customer, as soon the pallet is unloaded from the vehicle of the smaller item has been signed for. Prior notice must be given of any returns and a return address will be given. Where possible spare parts will be sent to rectify problems - this may involve a charge. KH Direct will not be responsible for any losses incurred in the delivery of wrong or faulty goods. KH Direct will not be liable for any losses incurred, howsoever caused, in all aspects of day-to-day running of the business.
n. If you collect goods from us or have them delivered to a courier that then delivers on to you overseas, once the items have been signed for as received in good condition at the point of delivery, responsibility for damage or other immediately visible faults/issues reported hereafter will be relinquished by KH Direct. For this reason we strongly recommend that the party accepting delivery on your behalf are instructed to perform an inspection before signing for receipt of the goods.
Should your purchase be returned to us for any other reason we are only able to accommodate returns made to our premises and not collection from wherever the item was forwarded/shipped to.
o. On certain items, we are able to offer a direct delivery service to you customer. Please contact us for further terms and conditions and costs of using this service.
p. We reserve the right to cancel orders if payments have not been made of goods were ordered incorrectly.
q. We are unable to offer a collection service for either unsuitable or damaged goods. It is incumbent on the buyer to arrange any uplift of goods from their end destination.
r. Colours on our price list, website and other documentation are as close to the real colours as printing and IT allows. All colours are for descriptive purposes only. Dimensions are in centimetres and are approximate and may vary. Prices are subject to change without prior notice, due to volatile import costs. Designs may vary from the website images occasionally. Back orders are also subject to any price changes.
s. We have the right to change our terms and conditions to reflect our business, changes in the environment, relevant laws, market conditions and infrastructure.
t. Please e-mail us at
[email protected] or call us on 01626 247231. All calls are recorded for training and quality purposes.
Drop shipping T&Cs
We are happy to provide drop shipping direct to your customers, details and T&Cs are as follows:
Sofas, recliners, 2 and 3 seater tub chairs
- £60 for delivery of 1 x pallet for sofas to England and most of Wales. SA post codes and southern Scotland carry a surcharge of £20 per pallet. Other parts of Scotland, on quotation.
- Typically on a pallet you would get 2 x sofas e.g. 2+3 seater or 1 x corner unit
- The delivery is a pallet delivery to the kerbside i.e. it is delivered by 1 x driver in a 7.5 ton vehicle, who is not insured or able to move the goods into the customer's property.
- The delivery takes 2-5 days. The customer's get a call after 48hrs to book-in the delivery for a day that suits them. They will then need help on hand to get the goods into their property.
- Any failed deliveries will mean that re-delivery costs apply
- If goods are returned because the customer does not like it/can't gain access for delivery/doesn't fit the refund will only be made minus delivery, collection and a 10% re-stocking fee.
- If goods are reported as faulty during the manufacturing warranty it is incumbent on the buyer to establish whether the issue is as a result of a manufacturing defect. Evidence will need to be supplied to the seller to confirm the presence and the cause of the issue. If your claim is successful, a replacement item will be shipped. If a replacement cannot be provided within a reasonable timescale then a credit will be issued to your account. If the order is over 6 months old, the credit may be adjusted downwards due to the use of the item.
- In the case of successful claims, the seller is unable to provide a salvage service. If the buyer requires any damaged goods to be collected from their customer, it will be their responsibility to arrange and bear any cost.
Tub chairs, ottomans and swivel recliners
- £10 for delivery of a single item. This covers all of England, Wales & lower half of Scotland.
- Delivery is a next working day delivery (1-2 day for Scotland) and is an all day delivery, so the customers will need to be in all day to accept the delivery. If they're out they'll get a card and need to call to re-arrange delivery..
- If goods are returned because the customer does not like it/can't gain access for delivery/doesn't fit the refund will only be made minus delivery, collection and a 10% re-stocking fee.
- If goods are reported as faulty during the manufacturing warranty it is incumbent on the buyer to establish whether the issue is as a result of a manufacturing defect. Evidence will need to be supplied to the seller to confirm the presence and the cause of the issue. If your claim is successful, a replacement item will be shipped. If a replacement cannot be provided within a reasonable timescale then a credit will be issued to your account. If the order is over 6 months old, the credit may be adjusted downwards due to the use of the item.
- In the case of successful claims, the seller is unable to provide a salvage service. If the buyer requires any damaged goods to be collected from their customer, it will be their responsibility to arrange and bear any cost.
Beds and Mattresses
- £30 for delivery of a bed only. This covers all of England, Wales & lower half of Scotland.
- £40 for delivery of a mattress only. This covers all of England, Wales & lower half of Scotland.
- £50 for delivery of a bed and mattress together. This covers all of England, Wales & lower half of Scotland.
- Any failed deliveries will mean that re-delivery costs apply.
- Delivery is a 10 working day delivery (can be longer for Scotland) and is an all day delivery, so the customers will need to be in all day to accept the delivery. - If goods are returned because the customer does not like it/can't gain access for delivery/doesn't fit the refund will only be made minus delivery, collection and a 10% re-stocking fee.
- If goods are reported as faulty during the manufacturing warranty it is incumbent on the buyer to establish whether the issue is as a result of a manufacturing defect. Evidence will need to be supplied to the seller to confirm the presence and the cause of the issue. If your claim is successful, a replacement item will be shipped. If a replacement cannot be provided within a reasonable timescale then a credit will be issued to your account. If the order is over 6 months old, the credit may be adjusted downwards due to the use of the item.
- In the case of successful claims, the seller is unable to provide a salvage service. If the buyer requires any damaged goods to be collected from their customer, it will be their responsibility to arrange and bear any cost.
2 Man In-Room Delivery
- £65 for one item. This covers all of England and Wales. There is a surcharge of £20 for some areas in Scotland.
- £20 for each additional item to the same address.
- Delivery is booked in with customer within 3-10 working days and is delivered to room of customer's choice.
- Any failed deliveries will mean that re-delivery costs apply.
- If goods are returned because the customer does not like it/can't gain access for delivery/doesn't fit the refund will only be made minus delivery, collection and a 10% re-stocking fee.
- If goods are reported as faulty during the manufacturing warranty it is incumbent on the buyer to establish whether the issue is as a result of a manufacturing defect. Evidence will need to be supplied to the seller to confirm the presence and the cause of the issue. If your claim is successful, a replacement item will be shipped. If a replacement cannot be provided within a reasonable timescale then a credit will be issued to your account. If the order is over 6 months old, the credit may be adjusted downwards due to the use of the item.
- In the case of successful claims, the seller is unable to provide a salvage service. If the buyer requires any damaged goods to be collected from their customer, it will be their responsibility to arrange and bear any cost.