This agreement sets out the terms and conditions which apply to any sale of goods between Essie Carpets and consumers.
If you have any questions or need more information, please do not hesitate to call us at + 44 207 493 7766 or contact us here. We would be happy to answer any questions or alleviate any concerns.
If you are not a consumer, including without limitation designers, dealers or auction houses, these terms do not apply to you. Please contact us by telephone or email if you require further information.
1. Interpretation
1.1 Definitions:
Business Day: a day (other than a Saturday, and Christmas day) when Essie Carpets is trading.
Contract: the contract between Essie Carpets and the Customer for the sale and purchase of the Goods in accordance with these Terms.
Customer: the person or firm who purchases the Goods from Essie Carpets.
Essie Carpets: Eshagh Sakhai trading as Essie Carpets, Essiecarpets.com, or Rug Connection, with business premises located at 62 Piccadilly, Mayfair, London, W1J 0DZ, 86-89 Piccadilly, London W1J 7NE, and online throughout the Site.
Force Majeure Event: an event or circumstance beyond a party’s reasonable control.
Goods: the goods (or any part of them) set out in the Order.
Order: the Customer’s order for the Goods, as set out in the Customer’s purchase order form, the Customer’s written acceptance of Essie Carpets’ quotation, or the Customer’s payment in full for the Goods, as the case may be.
Site: website: www.essiecarpets.com and any other relevant website or social media account under the control of Essie Carpets.
Terms: the terms and conditions set out in this document as amended from time to time in accordance with clause 12.3.
1.2 Interpretation:
(a) a reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(b) any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
(c) a reference to writing or written includes emails.
2. Basis of contract
2.1 These Terms apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Terms. The Customer is responsible for ensuring that the terms of the Order are complete and accurate.
2.3 The Order shall only be deemed to be accepted when Essie Carpets issues a written acceptance of the Order, or upon payment in full for the Goods, at which point the Contract shall come into existence.
2.4 The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Customer that is inconsistent with these Terms.
2.5 Any samples, photographs, descriptive matter or advertising produced by Essie Carpets and any descriptions or illustrations contained in Essie Carpets’ catalogues, brochures or its Site, or in any books written by Eshagh Sakhai, are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force.
2.6 A quotation for the Goods given by Essie Carpets shall not constitute an offer. A quotation shall only be valid for a period of twenty (14) Business Days from its date of issue.
2.7 Some Goods offered for sale by Essie Carpets on its Site or in store are sold on an Agency Basis, where Essie Carpets is merely facilitating the sale of a Good belonging to a third party. Goods sold on an Agency Basis will be clearly identified as such, and may be subject to the relevant owner’s terms and conditions of sale. For the avoidance of doubt, Essie Carpets shall not bear any liability in relation to the sale of Goods on an Agency Basis, provides no warranties, does not accept any returns or offer refunds.
2.8 For goods sold on an Agency Basis, any deposit taken is non-refundable. Essie Carpets may, in its sole discretion, grant store credit for such sums.
3. Goods
3.1 The Goods are described in Essie Carpets’ catalogue and on its Site, and are sold “as is” due to their age and condition.
3.2 The Goods are handwoven and/or used or antique products. As such, the Goods may present unavoidable imperfections, irregularities as well as signs of historic wear. Essie Carpets may list any such irregularities or signs of wear in its catalogue or its Site, but shall not be liable for any irregularities or signs of wear which are omitted.
3.3 Essie Carpets reserves the right to amend the description of the Goods if required by any applicable statutory or regulatory requirements.
4. Collection and delivery
4.1 The Customer shall collect the Goods from Essie Carpets’ premises at 62 Piccadilly, Mayfair, London, W1J 0DZ or such other location as may be advised by Essie Carpets prior to delivery (Delivery Location).
4.2 Delivery is completed on the completion of loading of the Goods at the Delivery Location.
4.3 If agreed in writing between the parties, Essie Carpets (or a delivery partner chosen of Essie Carpets’ choosing) may deliver the Goods to the location set out in the Order or such other location as the parties may agree at any time after Essie Carpets notifies the Customer that the Goods are ready.
4.4 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. Essie Carpets shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide Essie Carpets with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 If the Customer fails to take delivery of the Goods within three (3) Business Days of Essie Carpets notifying the Customer that the Goods are ready, or if Essie Carpets are unable to effect delivery at the address specified by the Customer for any reason outside of Essie Carpets’ control, then, except where such failure or delay is caused by a Force Majeure Event or Essie Carpets’ failure to comply with its obligations under the Contract, Essie Carpets shall store the Goods until collection takes place, and charge the Customer for all related costs and expenses (including shipping, storage and insurance).
4.6 If thirty (30) Business Days after the day on which Essie Carpets notified the Customer that the Goods were ready for delivery the Customer has not collected them, Essie Carpets may resell or otherwise dispose of part or all of the Goods, and may charge storage fees for the time during which the Goods are not collected.
4.7 Customers located outside of the UK are responsible for all applicable additional charges including without limitation shipping, duty and insurance charges unless previously agreed in writing between the parties.
5. Quality
5.1 As set out at clause 3.2, the Goods may present inherent and unavoidable imperfections and irregularities. Essie Carpets shall not be liable for any such unavoidable imperfections or defects in the Goods. For the avoidance of doubt, Essie Carpets offers no warranties as to the quality of the Goods or their fitness for purpose.
5.2 In addition to clause 5.1 and for the avoidance of doubt, Essie Carpets shall not be liable in any of the following events::
(a) the Customer makes any further use of such Goods after giving notice to exercise any of its statutory rights;
(b) the defect arises because the Customer failed to follow Essie Carpets’ oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) standard good practice regarding the same;
(c) the Customer alters or repairs such Goods without the written consent of Essie Carpets;
(d) a defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
5.3 Where Essie Carpets is not liable for the reasons set out in this clause 5, the Customer shall be liable for any and all costs and expenses, including without limitation reparation of the Goods, shipping, handling and storage.
5.4 The 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.
5.5 These Terms shall apply to any repaired or replacement Goods supplied by Essie Carpets in its sole discretion.
6. Returns and refunds
Without prejudice to statutory rights, all goods are sold ‘as seen’ and with no warranties given. Essie Carpets does not accept returns or offer refunds.
In exceptional circumstances, Essie Carpets may, in its sole discretion and at its option, provide full or partial store credit for the value of the defective Goods.
7. Title and risk
7.1 The risk in the Goods shall pass to the Customer on completion of delivery.
7.2 Title to the Goods shall not pass to the Customer until Essie Carpets receives payment in full (in cash or cleared funds) for the Goods in respect of which payment has become due.
8. Price and payment
8.1 Essie Carpets may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
(a) any factor beyond Essie Carpets’ control (including foreign exchange fluctuations, increases in taxes and duties);
(b) any request by the Customer to change delivery or collection dates, or the Goods ordered; or
(c) any delay caused by any instructions of the Customer or failure of the Customer to give Essie Carpets adequate or accurate information or instructions.
8.2 The price of the Goods:
(a) excludes amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to Essie Carpets at the prevailing rate, subject to the receipt of a valid VAT invoice; and
(b) excludes where relevant the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to the Customer.
8.3 Essie Carpets may invoice the Customer for the Goods on or at any time after the completion of delivery.
8.4 The Customer shall pay the invoice in full and in cleared funds. Payment shall be made to the bank account nominated in writing by Essie Carpets. Time for payment is of the essence.
8.5 We accept the following credit cards and debit cards: Visa, Mastercard, American Express, Diners Club, JCB, and UPI Credit.
8.6 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
8.7 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps for the relevant credit card provider.
8.8 If the Customer fails to make any payment due to Essie Carpets under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above Barclays’ base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
8.9 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). Essie Carpets may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by Essie Carpets to the Customer.
9. Limitation of liability
9.1 In accordance with applicable statutory provisions, nothing in these Terms shall limit or exclude the Essie Carpet’s liability for: death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979; or defective products under the Consumer Protection Act 1987.
9.2 Subject to clause 9.1:
(a) Essie Carpets shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) Essie Carpets’ total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.
10. Your privacy and personal information
Our Privacy Policy is available at [LINK]. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
11. Errors, inaccuracies and omissions
11.1 Occasionally there may be information on the Site or our catalogues which contain typographical errors, inaccuracies or omissions relating to the descriptions of Goods, pricing, promotions, offers, shipping charges, transit times and availability. Essie Carpets reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any such information is inaccurate, without prior notice (including after you have submitted your order).
11.2 Essie Carpets undertakes no obligation to update, amend or clarify information on the Site or elsewhere, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site has been modified or updated.
12. General
12.1 Assignment and other dealings.
(a) Essie Carpets may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
(b) The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of Essie Carpets.
12.2 Entire agreement.
(a) This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
(b) Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
12.3 Variation. No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
12.4 Waiver. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
12.5 Severance. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
12.6 Notices.
(a) Any notice or other communication given to a party under or in connection with these Terms shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, or email.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 12.6(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by email, one Business Day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
12.7 Third party rights. No one other than a party to the Contract and their permitted assignees shall have any right to enforce any of its terms.
12.8 Governing law. The Contract and these Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
12.9 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
