Eclipse Kitchens and Bedrooms Limited trading as (WKO) Eclipse.com
Standard Conditions of Sale
1.1 Your use of and purchase of goods from this website is governed by these Terms & Conditions. We recommend that you print a copy of these Terms & Conditions when you make a purchase for your future reference.
1.2 You who purchase from our site (either for yourself or for your business) must be 18 years of age or over.
1.3 Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and neuter genders and vice versa. The headings in these Conditions are inserted for convenience only and shall not affect their construction.
1.4 If any part of these Terms & Conditions is held to be a violation of any applicable law, statute or regulation, it shall be deemed to be deleted from our contract and shall be of no force and effect and the contract shall remain in full force and effect as if that part had not originally been contained in the Contract.
1.5 We only deliver to destinations on the UK mainland.
2. Price and Payment
2.1 The Price payable by you is that as advertised at the website and conformed by us. The payment shall be made by Visa, Mastercard, Visa Delta and Switch cards. Despite an order and the payment being made by you, all contracts of sales are completed when we issue our acceptance of your order. We reserve our right to refuse an order for reasons including but not limited to unavailability, wrong price being advertised or incorrect pricing information from our supplier.
2.2 Time for payment shall be of the essence. Interest on any overdue payments to us shall accrue from the date when the payment becomes due until the date of payment at a rate of 1.5% per calendar month or part calendar month before and after judgement.
3. Consumer's Right of Cancellation.
(This provision does not apply to trade sales or bespoke furniture manufactured to customers individual requirements) As a consumer, you have a statutory right to cancel the contract at any time until seven working days after the day following delivery. You must however understand that this statutory right of cancellation does not apply to orders which are made to measure, painted or cut to your requirements. This right is also subject to our following Return Procedure: The product must be in new, unused and resellable condition. You must inform us of the cancellation within the relevant time scale by emailing us at [ or writing to us at ] then we shall inform you of a return reference number and the location to where the goods should be returned.It is your responsibility to return the cancelled order with its original packing to the location as directed by us. Should this not be convenient for you, you may request us to collect the goods and we are entitled to charge for the collection service. We shall make a full refund for any goods returned under this term within a reasonable time, using the same method of payment as your purchase with a deduction of collection charges, if any. Other cancellations outside the above statutory right of cancellation are subject to (1) the above Return Procedure, (2) our acceptance and (3) a re-stocking charge of [35%] of the price. Please note that we do not normally accept cancellation of made to order supplies. Your statutory rights as a consumer shall not be affected by this Term. [For an example, if an item is proven to be faulty and you have informed us within a reasonable time, we shall accept your return and shall not charge you for re-stocking.]
4.Completion & Delivery
4.1 We will make every effort to deliver orders within the delivery option requested when you place your order. However, time for delivery is always given in good faith as an indication and we shall not be liable for any consequential and indirect losses, expenses or damages in whatever manner caused by late or non-delivery of goods. For heavier items which require more than one person to carry, we are only obliged to offload the goods onto a hard ground reasonably close to the delivery address and you shall be responsible for the distribution of the goods delivered. You shall have no right to refuse a delivery and shall arrange for a member of your household who is over 18 years old to sign for delivery. In the event that you suspect that the goods are lost or damaged in transit, please contact us immediately. Upon delivery, all risks of the goods shall pass to you so it is your responsibility to keep the goods safe and undamaged and to possess appropriate insurance to cover them.
4.2 As custom-made orders (e.g. kitchen cabinets) are not cancelable, you must make sure that the information and materials (e.g. plans, designs, lists and sizes of products required) provided by you and those provided by us (e.g. items listed in our quotation) are correct and suitable for your use before you place an order with us.
4.3 You must also inspect the goods as soon as practicable upon delivery. In the event of damage, faulty goods or short supply, you shall notify us in writing as soon as possible and in all cases within two days from the date of delivery of any alleged damage, fault or shortage. If you do not comply with this provision, you shall be deemed to have accepted the goods. We shall be afforded an opportunity to inspect and make good the supply. Should the alleged problem be proven, our liability shall be limited to making good the fault, replacing the goods or refunding the price at our absolute discretion. We shall be under no liability whatever to you for any consequential or indirect loss and/or expense (including loss of profit and extra labour costs) suffered by you arising out of the proven problem.
4.4 Nothing in this Term shall restrict or exclude any liability for death or personal injury caused by our negligence or affect your statutory rights dealing as a consumer.
5. Quality and Care
The colour of the goods viewed on our website may vary from that of the actual goods. Colours may also vary from different batches of production. This is why you should inspect the goods as soon as practicable and make use of the above cancellation provisions. You must always read the manuals and safety instructions either printed on the package or provided with the goods before you or your contractor carry out any installation or use the goods supplied. Many of our products require connection to utility services like gas, water or electricity. If you are unsure about installing any products, please seek professional advice.
6. Force Majeure
We shall not be liable to you for any loss or damage to you as a direct or indirect result of any of our duties and/or obligations being prevented, hindered, delayed or rendered uneconomical by acts of God, war, riot, strike, lock-out, industrial action, accident, breakdown of plant or machinery, fire, flood, drought, storm, difficulty or increased expense in obtaining materials, or other reasons beyond our reasonable control.
Our website links with other sites. When you view or use those sites, you are dealing with the proprietors of those sites and you are subject to their terms and conditions. We accept no liability whatsoever relating to the contents of those sites and your use of them.
The contract between us shall in all respects be governed by and construed and interpreted in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.