Terms and Conditions
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
General terms and conditions
This site is owned and operated by Eden Profile, 3rd Floor, 45 Albemarle Street, Mayfair, London, W1S 4JL, England. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us via our website www.edenprofile.com or [email protected].
1. The contract between us
We must receive payment of the full amount for the goods that you order before your order can be accepted. Unless we have agreed in writing to alternative terms, the above is fully enforced.
2. Acknowledgement of your order
To enable us to process your order, you will need to provide us with your billing and delivery information. Once your order is placed, we will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm the details. For the avoidance of any doubt, this correspondence does not constitute a contract between us, and Eden Profile can refuse your order at any point.
3. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Eden Profile. Any use of this website or its contents, including copying or storing it other than your own personal, non-commercial use, is prohibited without our prior permission.
4. Accuracy of content
At Eden Profile we have taken care in the preparation of the content of this website, to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no stock levels issues, no errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only and to be used only as a guide.
5. Availability
All orders are subject to availability and our acceptance. If the goods you have ordered are not available from stock, we will contact you by phone or e-mail or phone. You will have the option either to wait until the item is available from stock or to cancel your order.
6. Ordering errors
You can correct errors on your order up to the point on which you click on “submit” during the ordering process. If you are placing an order over the phone, then any changes after payment being made will not be permitted, unless permission to do so has been previously granted.
7. Price
The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.
8. Payment terms
We will take payment upon receipt of your order from your credit or debit card online or alternatively you can pay via a bank transfer. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
9. Delivery charges
Delivery charges vary according to the type of goods ordered.
10. Delivery
10.1 Our delivery charges are indicated on our website.
10.2 You will be required to pay extra for delivery that is not on the United Kingdom mainland and although we do ship globally, it might not be possible for us to deliver to some locations.
10.3 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery, but delivery times are not guaranteed and therefore time is provided only as a guide.
10.4. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier, then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.
11. Cancellation rights
11.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any bespoke or made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty, however this will need to be done in writing within this period.
11.2 Should you wish to cancel your order, please contact us with your order information and details as to why you wish to cancel.
11.3 You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order).
11.4 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you, and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
11.5 Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.
11.6 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using or wearing the goods prior to cancellation)
12. If there is a problem with the goods
12.1 If you have any questions or complaints about the goods, please contact us. You can do so at [email protected]
12.2 We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
13. Liability
13.1 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Eden Profile website; or
- use of or reliance on any content displayed on the Eden Profile website.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue.
- business interruption.
- loss of anticipated savings.
- loss of business opportunity, goodwill, or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide the Eden Profile website for domestic and private use. You agree not to use the website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.2 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
13.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.
14. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
15. Law, jurisdiction and language
This website, any content contained therein, and any contract brought into being because of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
16. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
17. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
18. Trade Terms
18.1 Trade Accounts
Eden Profile is also a trade supplier and require evidence of business trading from potential buyers to open a trade account. The potential buyer may be required to provide documentary proof of trading in the form of business invoices, VAT certificate… etc. as well as a complete a full application form, which can be found on our website www.edenprofile.com
The Company reserves the right to reject any application they feel is incomplete, not matching the criteria required or to cancel any trade accounts without notice.
The Company reserves the right to change trade and RRP prices at any time and without notice.
18.2 Purchase of Products & Payment
Orders are subject to deposit or satisfactory credit as described elsewhere in the terms and conditions.
Where no credit terms exist, orders require receipt of a deposit prior to confirmation. The deposit will be detailed on a pro forma invoice and shall be paid within 5 business days of the order being placed. After this time, we reserve the right to cancel the order without notice. Full payment must be received prior to the goods being dispatched. We will tell you when the goods are ready, and our delivery date will be dependent on cleared funds. Payment is always in Sterling, and we accept ONLY bank transfer or credit/debit card payments. Where credit terms exist the terms of the agreement must be adhered to. Failure to adhere to the terms set out may lead to a suspension of the credit account without notice and a penalty can be enforced.
Any dispute towards an invoice must be made in writing and must be received The Company within 14 (fourteen)calendar days from the invoice date. A dispute does not suspend Buyer’s obligation to make payment as per agreed term. if the dispute is determined by the Company to be justified, a credit for the relevant amount will be credited to the Buyer.
We reserve the right to charge interest of late balances at 5% above the lending rate of The Barclays Bank, varying from time to time. Where payment is being made from foreign banks or where the transaction incurs fees, please ensure that the funds received in Sterling are sufficient to amount of the invoice, after exchange rate movement and bank charges.
18.3 Title of goods
Title of the goods does not pass, and they remain the property of the company until all monies have been paid. Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain with the seller until the seller has received payment of the full price of (a) all Goods and/or Services the subject of the Contract and (b) all other goods and/or services supplied by the seller to the buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer.
18.4 Stock of products
Eden Profile holds some of its items in stock in our UK warehouse and the remaining is either stored in one of our international warehouses or will require manufacturing. However, stock showing on our website is not guaranteed as it is not updated on a live basis, and we receive orders from our customers in many ways. Whilst we try our best to update the stock on our website as frequently as possible to improve accuracy, if there is any discrepancy between actual stock and stock showing on our website, we will inform you once we receive your order.
18.5 Formation of contract
All contracts made by The Company are subject ONLY to these terms and conditions of trading and they will exclude all terms contained in any document issued by the customer.
18.6 Trading terms
The Company reserves the right to review prices, terms, product ranges and finishes at any time, and therefore these may be subject to changes without notice.
All our products listed or sold on a third-party website must be shown under the brand name of the seller: ‘Eden Profile’ unless previously agreed in writing.
18.7 Pricing Policy
The trade prices quoted are in sterling and are excluding VAT, carriage and installation at the relevant rate unless otherwise stated. The Company reserves the right to change prices at any time and without prior notice. Where goods have been ordered and the price of the goods are increased between the point of order and the point of despatch the customer will have the right to cancel and receive a full refund. Invoices include value added tax at the appropriate rate. Where goods are being sent out of the EU, and we are not supplying the delivery service, we will require proof of export before any VAT can be returned. In these cases, the invoices will be raised including VAT deposit and we will require full payment of the invoice before we release the goods for shipment. Where goods are being sold to a VAT registered client in an EU state, we require a valid VAT number before we can release goods without the payment of VAT. If we are not organizing the export of the goods, we will also require proof of export to exempt the sale from UK VAT.
Should any written invoices issued by the company show any price discrepancies with the prices showing in the company price list or the company website, the prices in the company price list or the company website will prevail. Where pricing on the invoice is lower than the approved company price the customer will be required to pay the difference before the can be released. Where pricing on the invoice is higher than the approved company price the customer will be issued a revised, corrected invoice and excess payments will be credited to the customer account.
18.8 Returns: damaged, unwanted, or disputed goods
In the unlikely case that you receive a product which is damaged or incorrect in any way, we will do our very best to repair, replace or refund the product. In some circumstances a replacement will be invoiced to you to send you a replacement. In this instance a credit or refund will be issued to you once the original items have been returned to us in the condition, they were delivered in. We reserve the right to provide replacement or replacement parts or collect the faulty goods and give a full refund without offering a replacement or repair. If in any instance the fittings or parts of the items become faulty, The Company will only provide replacement fittings/parts. The Company will not be held responsible for any loss or costs caused to the customer.
To assist us in providing an excellent service and to avoid ambiguous situations we ask that all damaged or unwanted item be reported to our customer service team within 48 hours of receipt of delivery. Any such reports should be submitted by completing the Returns Form which must be requested in writing.
Eden Profile can provide site visit services within certain geographic areas to inspect a reported fault of an item. Should a reported fault reported be related to incorrect installation of an item or failure to adhere to installation instructions provided, Eden Profile reserve the right to invoice a charge a £80 plus VAT for the inspection.
Where we are requested to deliver to a warehouse or other holding location it will be the buyer’s responsibility to ensure the goods are fully checked in line with our notice period above. We ask that the goods are unpacked and inspected within 48 hours so any issues can be reported within the claims timeline We will not be liable for damage discovered more than 48 hours after we have delivered of the goods. We do not accept damage claims that have resulted in misuse of the product or during installation. We do not accept damage claims once the product has been installed. Any damage must be checked and reported to us before installation.
Where the Company agrees to repair a product, we will work with the customer to affect this as quickly and efficiently as possible. Due to the nature of the product and often specialist finishes, we cannot always give accurate timescales for the completion of such a repair. We require skilled craftspeople to complete repairs to the appropriate standard. We will do our utmost to procure these services as quickly as possible but sometimes such services are not readily available. If we consider the time to repair unreasonable, we reserve the right to collect the product and supply a full refund.
Where goods are returned without defect, we are happy to accept undamaged, boxed product in its original inner and outer packaging for credit to the customer’s account. We ask that clients return unwanted product within 10 working days of receiving it. We will not accept a return of product more than 10 working days following delivery. We do charge 20% restock fee on the return of undamaged, boxed product in its original packaging. We also require that the product is returned to our warehouse. We will be able to process a credit in 3 working days following the receipt of the goods in the warehouse. Returns of goods from the Customer will not be accepted without the previous consent of the Company and any costs involved will be the responsibility of and borne by the Customer.
All returns must be returned in original packaging and original delivered condition and must be ready for loading when the driver arrives to collect them. Drivers will refuse to collect any items that are not packed adequately as outlined in this section. Please ensure that the persons unwrapping the goods are very careful and keep the inner and outer wrapping of the original packaging intact. The original packaging is essential in preventing the items’ safe transportation and preventing damages on return. Under no circumstances can we accept returns that do not have the original packaging. If goods are returned either without original packaging or not in original delivered condition, we are unable to accept the return for a credit to your account. If a return is refused based on the terms above, we will require the item/s to be collected from our warehouse within two weeks of receipt and we will require a 3 working days’ notice of your collection. Should items not be collected within the two weeks after receipt in our warehouse we reserve the right to dispose of the items.
If goods are to be returned, the customer must request a collection in writing within 72 hours of receipt of the items, giving notice to the Company that the goods (or any part thereof) will be ready for collection. The Company will arrange for collection on the next available transport. All returned goods are subjected to a full Quality Control inspection before any decision regarding refund is made. Eden Profie reserves the right to make the final decision on whether an item is defective or not. The value of the refund issued to the Customer is at the Company’s discretion and each case will be considered on its own merit. When the decision to refund has been made a Credit Note will be issued to the Customer.
Our contractual relationship is with the purchaser of the goods (our customer). Any dealings in relation to the return, repair, replacement or refund of a product, or any customer relations, will be conducted with our customer. Where our client is an interior designer and the goods have been purchased to sell on to a third party, we will have no contractual relationship with that third party. As such, all after-sales care will be conducted with our customer and not any third parties with whom we have no contractual relationship.
18.9 Deliveries
We ai, to have all deliveries made Monday to Friday between 9am and 5.30 pm, however sometimes delivery times can run outside of these ours. The delivery date will be notified in advance by email. Standard lead-time for delivery is five to ten working days after receipt of full payment, unless otherwise stated. All the Company’s vehicles have a multi-drop schedule; therefore, it is not possible to state an exact delivery time. We can usually inform the customer in advance of the day and whether then delivery will take place in the morning or afternoon.
The Seller reserves the right to not arrange delivery for certain orders to certain areas in which case the buyer will be required to arrange collection from the Seller’s warehouse.
The Company’s standard delivery is one-man delivery only to a business address unless otherwise agreed in writing with Eden Profile. All deliveries are standard with a one man drop to the entrance of the front door on the ground floor unless otherwise specified and the surcharge has been paid. The drivers are unaccompanied, and they may require assistance with unloading, otherwise please enquire for our upgraded delivery service when placing the order.
We can also provide delivery to a residential address, or we can deliver directly to a third party (i.e., the buyer’s client) at an extra service charge to be added to the standard delivery cost of the order. We require at least a representative of our trade customer to be present on the delivery address if the delivery is to a residential address or a third party. Alternatively, trade customers can arrange collection at our warehouse given previous notice.
All deliveries must be signed for, and name printed by the Customer in front of the driver. In the unlikely event that the quantity of boxes is less than or exceeds the quantity indicated in the delivery note, the actual quantity unloaded shall be recorded in writing and counter-signed by the Customer on the delivery note. If there is no one to sign for the delivery, the goods would be taken back to the Company and the customer will be charged for the re-delivery of the goods.
Certain items are required to be checked by our trade customers in front of the driver at the time of the delivery. This will be stipulated in advance by the seller per email. In these cases, it is the Customer’s responsibility to arrange a representative to check these items. Failure to check these items could result in invalidating your claims on any damages.
Please note our insurance only covers us for deliver the goods to your front door and does not extend to moving items inside your property. Therefore, the Seller is not liable for any damages caused by drivers carrying stock into the Customer’s premises. The driver must remain with their vehicle and must not leave the vehicle unattended.
18.10 Storage
We can hold the stock of your order in our warehouse up to 30 days from the date of Sales Order. Storage will charge at the rate of £50 plus vat per week per item.
Where items are customized, no refunds will be given in line with our terms on cancellation of custom orders.
18.11 Use of goods
All our furniture is suitable for residential domestic and commercial use only. All upholstery is suitable for domestic use.
18.12 Resellers Authorization
All resellers including offline and online retailers are required to get authorization from the Company to resell Eden Profile. The approval of the application is at the Company’s sole discretion. All resellers must agree to the Company’s additional Reseller Terms & Conditions.
19.1 Website and Marketing of Eden Profile Products
Any websites where the Eden Profile Products are to be sold must be approved by the Company. The approval is based on meeting the reseller terms and conditions. The Company is entitled to unilaterally amend these conditions from time to time by giving the reseller with written notice to implement any additional requirements.
The Company also can provide high resolution images.
All our products sold in a third-party website should appear under the Company’s brand name ‘Eden Profile’ and under the Seller’s product name. The product name shall not be changed unless authorized to do so in writing by the Company.
Images of product as well as lifestyle room shots on our website or provided by the Company may only be used with written consent from the Company and they should be shown with the Company’s brand name ‘Eden Profile. Any customers wishing to use the images of the Company’s products in print or digital media must apply for written permission on an item-by-item basis. No imagery provided by or sourced from online sources and created by the company shall be used without the mention or association with ‘Eden Profile unless expressly permitted in writing by the Company.
Buyer will inform the Company beforehand on all its commercial and marketing activities that are related to Eden Profile brand and Products (including but not limited to any social media activities).
Buyer will at all times comply with the instructions regarding the content and marketing of Eden Profile brand and Products issued by The Company from time to time and will observe all applicable mandatory laws and regulations. Buyer shall remove or modify any advertising or promotion of the Products that does not comply with the instruction, in the Company’s sole discretion.
All designs are the property of the Company and under no circumstances are to be reproduced or copied. Copyright law applies.
The Company’s products must not be searchable by product code alone, through any major search engines. The Company do not approve of using ‘multi retailer’ shopping cart systems for selling and does not allow Eden Profile products to be sold in this way.
The Company does not allow sales, advertising, or promotion of Eden Profile products on platforms such as eBay, Amazon or other Multi Retailer selling websites and Social Media sites.
19.2 Cancellations
No purchase order or agreement to sell Goods shall take effect until accepted by Eden Profile in writing.
Orders for customized goods cannot be cancelled by Buyer.
Unless otherwise agreed by parties in writing, all other orders may be cancelled or changed within 5 (five) working day(s) following the order confirmation by Eden Profile. Any other change or cancellation of an order is subject to Eden Profile’s written approval and is subject to conditions by Eden Profile in its sole discretion.
If the price, discounts, or dates of delivery are based on an apparent error, Eden Profile may correct the mistakes or cancel the order in its sole discretion.
19.3 Product Design and Characteristic
All designs are the property of Eden Profile and under no circumstances are to be reproduced or copied. Copyright law applies.
We make every effort to ensure the product description is correct and accurate in all publications. However, our products are often made of natural materials, none of which are identical. Often each piece is subtly different from the next in shade, colour and/or texture. This is particularly true of products that contain natural materials. The products photographed in our marketing are representative of the item but may not be an identical match to another piece due to the variations in materials as noted above. Customers concerned about the matching of products should contact our sales staff who will be able to talk in detail about the individual products they are interested in.
We may occasionally alter or slightly change the design of the items. We cannot accept these as a fault. We reserve the right to change specifications without prior notice.
All our products especially Wood, metal and glass furniture and upholstery products are hand-made and because of this, each piece has different small variations and handmade related finishes. These are the characteristics of handmade furniture and not considered a defect. Metal furniture or elements may have small welding points at the junctions that are necessary to join the different parts together. These qualities are particular to all handmade metal and glass furniture. No replacement can be provided for the items with these characteristics.
Customers should acknowledge and comprehend that a considerable portion of our Products are meticulously handcrafted and constructed from natural materials. These materials are inherently subject to natural variations and characteristics, as well as handcrafted imperfections that are customary to the artisanal production process. Such variations and imperfections, which are intrinsic to the nature of the materials and manufacturing process employed, are not to be construed as faults.
Each piece has small variations and finish variations including small welding points at junctions, minor variations in size and forms due to cutting or casting processes. These intrinsic characteristics are part of the hand-made nature of the pieces and as such not considered defects. No replacement can be provided for the items with these characteristics.
19.4 Guarantee
All Eden Profile products carry a first-year manufacture’s guarantee. This guarantee applies to goods which fail in normal use and service, and which are returned to us within twelve months from the date of invoice. This guarantee does not apply to accidental damage, misuse of the item or damage caused by improper assembly.
In the matter of an agreed claim and in the first instance the Company will try and resolve any claims under the guarantee by providing repair of the items or provision of replacements parts where this can provide resolution. If the supply of replacement parts will not be possible or provide resolution, a full replacement will be provided. If an item cannot be repaired or replaced, then a credit or refund for the full invoiced value of the affected goods supplied under this contract will be issued.
Save as expressly herein provided and save in respect of death or personal injury resulting from the negligence of the Company, the Company shall be under no liability for, or in respect of, any defect in or failure or unsuitability for any purpose of the goods or any part thereof whether the same be due to any act, omission, negligence or wilful default of the Company or its servants or agents or to faulty design, workmanship of material or any other cause whatsoever. This warranty is in lieu of and excludes all other warranties and conditions expressed or implied whether under common law statute or otherwise.
19.5 Limitation of Liability
The Company shall never be liable for consequential or indirect damage, including but not limited to damage resulting from late delivery, failed delivery, damage to other goods of Buyer or any third party, damage resulting from incorrect or improper use of the Products by Buyer or its customers, loss of turnover, loss of profit, loss of goodwill or reputation, loss of use, loss of time, shutdown or slowdown costs, inconvenience, loss of business opportunities or other economic loss, regardless of whether such liability is based on breach of contract, tort, strict liability or otherwise.
Any claim for compensation against employees or directors of the Company in connection with the Products or this T&Cs is explicitly excluded.
Buyer shall indemnify and hold harmless the Company and its affiliates against any loss, claim, demand, or expense (including reasonable legal’ fees) arising in connection with a breach of any agreement or the T&Cs by Buyer.
19.6 Governing Law
This agreement 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.