Terms & Conditions | Everything Office
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Terms & Conditions

B. EVERYTHING OFFICE LIMITED WEBSITE TERMS OF SALE

The Site is owned and operated by the Seller. The Seller provides access to the Site and sells Goods to the Buyer subject to these Conditions.

These Conditions constitute a binding agreement between the Seller and the Buyer which applies to all purchases of Goods by the Buyer from the Site

Please read these Conditions carefully before using the Site. By purchasing Goods from the Site, the Buyer signifies agreement to be bound by these Conditions.

1. Definitions

1.1 'Buyer' means the person who buys or agrees to buy the goods from the Seller.

1.2 '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.

1.3 ‘Consumer’ shall mean an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession (in accordance with section 2(3) of the Consumer Rights Act 2015).

1.4 'Estimated Delivery Date' means the date specified by the Seller when the goods are to be delivered.

1.5 ‘Force Majeure Event’ means an event outside the reasonable control of the Seller.

1.6 'Goods' means the articles which the Buyer agrees to buy from the Seller subject to these Conditions.

1.7 ‘Non-Stock Items’ includes all furniture items, any items made or customised to the order or specification of the Buyer and any items which the Seller will have to order specifically to fulfil the Buyer’s order and the Seller notifies the Buyer of this.

1.8 'Price' means the price for the Goods excluding carriage, packing, insurance and VAT.

1.9 'Seller' means Everything Office Limited (also ‘us’, ‘our’, ‘we’)

1.10 ‘Services’ means any design, space planning or other related services carried out, or to be carried out, by the Seller at the request of the Buyer

1.11 ‘Site’ means this website

2. Conditions applicable

2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.

2.2 Any variation to these Conditions (including any special terms and conditions discussed or negotiated between the parties) shall be inapplicable unless agreed in writing by the Seller.

2.3 Any order accepted is subject to stock availability. Back orders shall be retained awaiting stock availability and will be shipped separately unless other arrangements are agreed.

2.4 The Buyer acknowledges and accepts that the purchase of Goods from the Site is also subject to and governed by the terms of our respective Site Terms of Use and Privacy Policy

2.5 The descriptions on the Site, whilst given in good faith, are subject to alteration by the Seller without notice or any liability accruing to the Seller. In particular dimensions and any weights are approximate only. Materials and textures are an approximation and can vary when viewed on different computer equipment. The images of the Goods on the Site and in any catalogue or brochure are for illustrative purposes only. Although the Seller has made every effort to display the colours accurately the Seller cannot guarantee that the printed pictures accurately reflect the colour of the Goods. The Goods may vary slightly from those images.

2.6 Any typographical, clerical or other error or omission in any information contained in any sales literature, quotation, price list, order confirmation or other documentation issued by the Seller shall be subject to correction without any liability on the Seller’s part.

3. Contract

3.1 When the Buyer places an order to purchase Goods from the Seller, the Seller will send the Buyer an order acknowledgement confirming receipt of the order and containing the details of the order.

3.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions. Acceptance of such offer shall only take place when the Seller confirms this to the Buyer in writing with an order confirmation, at which point a contract will come in to force between the Seller and the Buyer. Any Goods on the same order which we have not confirmed in the order confirmation do not form part of that contract.

3.3 If the Seller is unable to accept the Buyer’s offer, the Seller will inform the Buyer of this in writing. No contract shall have been formed and the Price will not be payable. This might be because of unexpected limits on the Seller’s resources, because the Seller has identified an error in the price or description of the product or (if the Buyer is dealing as a Consumer) because the Seller is unable to meet a delivery deadline specified by the Buyer.

4. The Price and payment

4.1 The Price of the Goods shall be the price stipulated on the order page when the Buyer places its order. The Price is exclusive of VAT which shall be due at the prevailing rate on the date of payment.

4.2 Notwithstanding clause 4.1 the Seller reserves the right to increase the price to reflect any taxes or duties which are or may from time to time be levied by any governmental statutory or local authority upon the sale of the Goods and any necessary additions shall be charged at the rates prevailing at the date of invoice

4.3 In the event of a pricing error when an order is received, the Seller will notify the Buyer. The Buyer will have the option to proceed at the correct price or cancel the order. If the Buyer choses to cancel the order, any monies taken will be refunded.

4.4 Where the Buyer is a business account holder, payment of the Price (incl. VAT) and any other charges due shall be made in full without set-off or counter claim on the last working day of the month following the end of the month in which the Goods are delivered or the invoice issued whichever is the earlier. Time for payment shall be of the essence.

4.5 Where the Buyer is not a business account holder (including where the Buyer is dealing as a Consumer), payment of the Price (incl. VAT) is due at the point of order and must be made in full before goods are dispatched for delivery.

4.6 Payment for the Goods may be made by Mastercard, Visa, Visa Delta, Maestro and Electron Visa or, where the Buyer is a business account holder, such other payment method as the Seller may indicate on its invoice.

4.7 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% above HSBC Bank plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgment. The Buyer will also reimburse the Seller for all costs and expenses including solicitors costs incurred in the collection of any overdue amount and whether or not legal proceedings are commenced.

4.8 Further miscellaneous provisions:

4.8.1 Orders less than £50 are subject to an administration fee of £10 at the Seller’s discretion

4.8.2 Where the Seller’s price list indicates that items are sold in packs or other multiples, unless otherwise agreed in writing by the Seller purchases of such items must be made in such pack sizes or multiples.

4.8.3 Payment terms in respect of export orders shall be agreed in writing prior to delivery

5. Warranties and Liability

5.1 The Seller warrants that on delivery the Goods shall:

5.1.1 conform in all material respects with their description; and

5.1.2 be free from material defects in design, material and workmanship.

5.2 Subject to clause 5.3, if:

5.2.1 the Buyer gives notice in writing to the Seller as soon as reasonably practicable after discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;

5.2.2 the Seller is given a reasonable opportunity of examining such Goods; and

5.2.3 the Buyer (if asked to do so by the Seller) returns such Goods to the Seller’s place of business at the Buyer’s cost,

the Seller shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

5.3 The Seller shall not be liable for the Goods' failure to comply with the warranty set out in clause 5.1 in any of the following events:

5.3.1 the Buyer fails to fully comply with clause 5.2 above

5.3.2 the Buyer makes any further use of such Goods after giving notice in accordance with clause 5.2;

5.3.3 the defect arises because the Buyer failed to follow the Seller's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;

5.3.4 the defect arises as a result of the Seller following any drawing, design or Specification supplied by the Buyer;

5.3.5 the Buyer alters or repairs such Goods without the written consent of the Seller;

5.3.6 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

5.3.7 the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

5.4 Nothing in these Conditions shall limit or exclude the liability of either party for:

5.4.1 death or personal injury resulting from negligence; or

5.4.2 fraud or fraudulent misrepresentation; or

5.4.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979.

5.5 Without prejudice to clause 5.4 and clause 10.1 the Seller shall not under any circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:

5.5.1 loss of profit;

5.5.2 loss of goodwill;

5.5.3 loss of business;

5.5.4 loss of business opportunity; or

5.5.5 special, indirect or consequential damage.

suffered by the Buyer that arises under or in connection with this Agreement.

5.6 Without prejudice to clause 5.5 and 6.2 the Seller’s total liability arising under or in connection with these Conditions, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the Price.5.5 Save when the Buyer is dealing as a Consumer, terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the contract.

5.7 These Conditions shall apply to any repaired or replacement Goods supplied by the Seller.

5.8 Except in respect of death or personal injury caused by negligence the Seller shall not be liable to the Buyer by reason of any representation or any implied warranty condition or other term or any duty at common law or under the express terms of the contract for any indirect or consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever (and whether caused by the Seller’s negligence or the negligence of the Seller’s employees or agents or otherwise) which arise out of or in connection with the supply of Goods or their use or resale by the Buyer except as expressly provided in the Conditions.

6. Delivery of the Goods

6.1 Delivery of the Goods shall be made to the address specified by the Buyer on the order. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

6.2 The Estimated Delivery Date is approximate only, and the time of delivery is not of the essence. The Seller will not be liable for any losses, costs, expenses or damages incurred by the Buyer or any third party arising directly or indirectly from any failure to meet the Estimated Delivery Date.

6.3 The Seller may deliver the Goods by separate instalments. Each separate instalment shall be paid for in accordance with the provisions in the contract of sale.

6.4 If the Goods are stock products then they will be sent for dispatch as soon as possible and delivery will usually be made within 3 – 5 working days. If the Goods comprise Non-Stock Items then timescales vary depending on the product.

6.5 The Buyer should make all arrangements to accept delivery. The Seller reserves the right to pass on delivery and any subsequent storage costs for failed deliveries or where the Buyer has failed to ensure suitable access to allow delivery to take place.

7. Services

7.1 Where Services form part of the Buyer’s order (including, without limitation, design services and layout planning), the Seller may request information from the Buyer (including the provision of accurate measurements) to allow it to perform the Services. Where the Buyer provides incomplete or incorrect information, the Seller may make an additional charge of a reasonable sum to cover any extra work that is required. The Seller will not be liable for any delay or non-performance where the Buyer has not provided this information promptly when requested.

7.2 The Seller remains the owner of all copyright and intellectual property rights that subsist in any designs or graphical works that it produces and any intellectual property rights in or arising out of or in connection with the Services shall be owned by the Seller.

7.3 The Buyer acknowledges and agrees that, as the Seller relies solely on information provided to it by the Buyer to perform the Services, no warranty is offered by the Seller as to the Services.

8. Acceptance of the Goods

8.1 The Buyer shall be deemed to have accepted Goods 24 hours after delivery to the Buyer.

8.2 After acceptance the Buyer shall not be entitled to reject Goods.

8.3 No claims for shortages or picking errors will be accepted unless received in writing quoting the delivery note number within 24 hours of delivery of the Goods.

8.4 Damage to any of the Goods must be notified in writing to the Seller within 24 hours of delivery. Any goods rejected by the Buyer as damaged must be returned by special delivery duly insured to the Seller unused in the original packaging for inspection at a place specified by the Seller or its authorised agent within 30 days of delivery.

8.5 Where the Buyer validly rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.

8.6 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.

9. Return of Goods / Cancellation

9.1 Except where the Buyer is dealing as a Consumer and subject to clause 5.1:

9.1.1 where the Goods are Non-Stock Items the Buyer shall have no right to return those Goods once the Contract has been formed and the Seller shall be under no obligation to offer a refund.

9.1.2 where the Goods are not Non-Stock Items, those Goods may, in certain circumstances, be returned however this is at the sole discretion of the Seller.

9.2 In the event of acceptance for return of any Goods the Seller may, at its sole discretion, agree to collect the Goods and impose a charge to cover carriage and re-stocking costs.

9.3 Where an order is accepted for customised or bespoke Goods, cancellation of such an order will be charged at 100% of the Price notwithstanding whether delivery has taken place or not or any return of the Goods to the Seller.

9.4 Goods in an unsuitable condition or with defaced packaging will not be accepted for return or may be subject to a charge to cover the loss in value of the Goods.

9.5 Risk in the Goods to be returned shall remain with the Buyer until received or collected by the Seller.

9.6 With the consent of the Seller and subject to 7 days notice prior to the Estimated Delivery Date orders for Goods (other than Non-Stock Items) may be cancelled or deferred but the Seller reserves the right to charge for any exceptional costs it incurs as a result of such cancellation.

9.7 The Seller may cancel this contract at any time before the Goods are delivered by giving written notice. On giving such notice the Seller shall promptly repay to the Buyer any sums paid in respect of the Price. The Seller shall not be liable for any loss or damage arising from such cancellation.

9.8 Returned items will only be accepted with the correct authorised returns number for that item. No credit will be given for items returned with no authorised returns number or included with another return.

9.9 The Buyer shall ensure that all reasonable care is taken of the Goods whilst in its possession.

10. Consumers

10.1 Nothing contained in these Conditions is intended to nor shall it affect the statutory rights of a Buyer dealing as a Consumer.

10.2 As a Consumer Buyer’s will have certain legal rights in respect of the Goods which may entitle them to the following remedies if the Goods are not as described, fit for purpose and of satisfactory quality:

10.2.1 a refund of the Price paid if the Goods are or become faulty within 30 days of the date of the delivery,

10.2.2 a repair or replacement for the Goods (or refund of the Price paid in certain circumstances) if the Goods are or become faulty up to six months after date of delivery.

10.3 If you wish to exercise your legal rights as a Consumer to reject products you must return them back to the Seller or (if they are not suitable for posting) allow the Seller to collect them from you.

10.4 In addition to the above (but subject to clause 10.6), where the Buyer is dealing as a Consumer wishes to change its mind and cancel its contract, it shall have the right to cancel within 14 days of the date of delivery and receive a refund. In order to exercise this right to cancel the Contract as a Consumer the Buyer must inform the Seller at the earliest opportunity of its decision to cancel by a clear statement (e.g. by email to [address]@everythingoffice.co.uk.or by letter).

10.5 Where the Buyer (as a Consumer) wishes to exercise its rights under clause 9.4 above, the Buyer must return the Goods to our central delivery point unused and in a good condition. The Buyer will be responsible for the costs of returning the Goods. The Seller does however recognise that where the Goods are particularly large items (eg. Office furniture) the Buyer may not have the means to do return the Goods, and so the Buyer can arrange for collection by the Seller during normal business hours (Monday to Friday). In such circumstances the Seller will notify the Buyer of its direct costs of collecting the Goods from the Buyer and the Buyer agrees that it shall pay these costs in advance of collection. The costs of collection will depend on the number of items to be returned, availability of a delivery vehicle, your location and complexity of removal.

10.6 Clause 10.4 shall not apply to any items comprised in the Goods if such items have been customised, made or otherwise altered to the Buyer’s order or specification. Clause 10.4 shall also not apply to any Services which the Buyer has requested be undertaken within 14 days of the contract being formed to the extent that such Services have already been performed at the point the Buyer notifies the Seller of its intention to cancel the contract.

10.7 Provided that the Buyer returns the Goods to the Seller unused in the original packaging to a place specified by the Seller or its authorised agent within 30 days of delivery the Seller will offer the Buyer a choice of either:-

(a) replacement Goods; or

(b) a refund of the Goods within 14 days of the date of return of the Goods by the Buyer.


11. Termination

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 on the Seller’s part to the Buyer and if the Goods have been delivered but not paid for the Price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary in the event that:-

(a) the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or a firm) become bankrupt or goes into liquidation (otherwise for the purposes of amalgamation or reconstruction);or

(b) an encumbrancer takes possession or a receiver is appointed of any of the Buyer’s property or assets; or

(c) the Buyer ceases or threatens to cease to carry on business; or

(d) the Buyer breaches any of these Conditions; or

(e) 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

12. Miscellaneous

12.1 Any notice required to be served pursuant to this contract of sale shall be in writing and served by first class post or by hand on the Seller at The Greenhouse, Quay View Business Park, Barnards Way, Lowestoft, Suffolk, NR32 2HD or such other address as the Seller may from time to time notify to the Buyer and on the Buyer at the Buyer's registered office or principal place of business.

12.2 The Seller may licence, assign or sub-contract all or any part of its rights and obligations under this contract without the Buyer's consent.

12.3 Neither party shall be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party.

12.4 The Seller may perform any of its obligations or exercise any of its rights hereunder itself or through its employees agents or suppliers.

12.5 Any reference in the Conditions to any provisions of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time

12.6 The headings in these Conditions are for convenience only and shall not affect their interpretation

12.7 No waiver by the Seller of any breach of the contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or other provision

12.8 No failure by the Seller to exercise any power given to it or to insist upon the strict compliance by the Buyer with any obligation hereunder and no custom or practice of the parties at variance with these Conditions shall constitute any waiver of any of the Seller’s rights under the contract

12.9 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby

12.10 Except as otherwise provided nothing in this contract shall confer on any third party any benefit or the right to enforce any terms of this contract

12.11 These Conditions and any contract made subject to them shall be governed by the Laws of England and subject to the jurisdiction of the English Courts.

13. Seller’s contact details

13.1 If the Buyer has any questions about Goods and/or these Conditions and/or the Site and/or the Seller’s business generally please contact the Seller by sending an e-mail to support@everythingoffice.co.uk or writing to or writing to Everything Office Limited, The Greenhouse, Quay View Business Park, Barnards Way, Lowestoft, Suffolk, NR32 2HD.


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