Terms and Conditions
Nusom Ltd is committed to ensuring that your personal information collected or provided is secure and protected.
In this policy, “we”, “us” and “our” refer to Nusom Ltd.
GDPR and Data Protection
In accordance with the General Data Protection Regulation (EU 2016/679), the UK GDPR and the Data Protection Act 2018, Nusom Ltd (“Nusom”) may record your personal details electronically for the purposes of processing sales orders and quotations. Consent will be requested for you to receive our mailing lists and any other relevant promotional information. You can unsubscribe at any time by emailing info@nusom.co.
Your personal details will never be sold to any third party. You can request a Subject Access Request at any time by contacting info@nusom.co. Please request our GDPR Policy Document for full information regarding your rights to personal details and how they are held and used.
1. General Terms and Conditions of Trade
1.i) Acceptance of Terms
These Terms and Conditions are deemed accepted upon the earlier of (a) the Client placing an order, (b) the Client approving in writing any quotation/design/sample issued by Nusom, or (c) the Client making payment of any invoice issued by Nusom Ltd which references these Terms and Conditions.
1.ii) Prices
Prices are quoted by Nusom in UK Pound Sterling (GBP), exclusive of VAT and are shown per item unless otherwise indicated. Quotations are offered with Errors and Omissions Excluded and are valid for 30 days from issue. Nusom reserves the right to amend prices outside this timeframe.
All payments must arrive net of all bank/correspondent fees. The Client is responsible for all transfer charges.
1.iii) Representation & Distribution
Nusom acts as distributor for: Clate Grunden, Jallu Ébénistes, Atelier Tortil, Sam Wigan, Solène Eloy, M.A. Aston and Unit 89. Nusom acts as sales representative for: Maison Borio, Melchiorri Bespoke Furniture, Tisserant Art & Style, Atelier Midavaine. Sales of these are placed directly with the respective companies. Nusom may assist with queries but accepts no financial responsibility for those orders. For Ferrick Mason or Luke Irwin, please contact the companies directly.
1A. Consumer (Retail Client) Terms
1A.i) Definition of Consumer
For the purposes of these Terms, a “Consumer” is an individual acting for purposes wholly or mainly outside their trade, business or profession, as defined by the Consumer Rights Act 2015.
1A.ii) Priority of Consumer Terms
Where the Client is a Consumer, this Section 1A applies and prevails over any conflicting provisions elsewhere in these Terms.
1A.iii) Bespoke & Made-to-Order Goods
All goods supplied to Consumers are made to order or created specifically to the Consumer’s agreed specification. As such, orders cannot be cancelled and are non-refundable once production has commenced. Any deposit paid is non-refundable from this point. This does not affect the Consumer’s statutory rights where goods are faulty, damaged or not as described.
1A.iv) Inspection and Notification of Issues
Consumers are asked to inspect goods as soon as reasonably practicable following delivery. Any visible damage, missing items or issues apparent on delivery should be notified to Nusom Ltd within 10 days of receipt, together with reasonable supporting information. Any defects which are not apparent on delivery should be notified within 10 days of the defect becoming apparent.
Failure to notify within these timeframes may affect Nusom’s ability to investigate the issue or pursue claims with third parties, but does not affect the Consumer’s statutory rights.
1A.v) Faulty Goods and Remedies
If goods are found to be faulty, damaged or not in accordance with the agreed specification, Nusom Ltd will, where appropriate, offer a repair or replacement. A refund or price reduction will only be offered where a repair or replacement is not possible or cannot be completed within a reasonable time, in accordance with the Consumer Rights Act 2015.
1A.vi) Delivery, Risk and Insurance
Where Nusom Ltd arranges delivery to a Consumer, risk in the goods remains with Nusom Ltd until the goods are physically delivered to the Consumer at the agreed delivery address. Title to the goods shall pass only upon receipt of full payment in cleared funds.
1A.vii) Statutory Rights
Nothing in these Terms affects the Consumer’s statutory rights under the Consumer Rights Act 2015.
2. Orders
2.i) Deposits
Orders above £7,500 GBP require a deposit of at least 50% unless alternative staged terms are agreed in writing. The balance and all shipping/related charges are due before delivery unless otherwise stated. Failure to pay instalments may suspend production or incur storage fees.
2.ii) Orders of £7,500 GBP and under
Must be paid in full at placement.
2.iii) Stock & Made-to-Order
Orders are subject to stock availability unless made to order. Out-of-stock items will be placed on back order unless cancelled in writing within 5 working days. Custom/made-to-order goods are non-cancellable once production begins.
2.iv) Order Formation
An order is deemed confirmed only upon:
(a) the Client’s written acceptance of Nusom’s quotation,
(b) the Client’s written approval of all final drawings/specifications and labelled Samples (including CFAs), and
(c) receipt of the deposit or payment in full as applicable.
2.v) Changes
Changes must be requested in writing, and additional costs agreed before Nusom accepts them.
2.vi) Samples and Approvals
Clients may request, or Nusom may provide, samples of materials, finishes, colours, or other representations of the goods (“Samples”) for approval. Samples are indicative only and may not represent the entirety of the material or finished product. Once a Sample is approved or expressly waived by the Client, the Client forfeits the right to reject or return the goods on the basis of natural variation in colour, grain, texture, veining, or finish.
2.vii) Custom Research & Development
For custom development projects, Nusom may require a separate Research & Development Agreement with fees payable for design work irrespective of subsequent production.
2.viii) Consumer Cancellation
As goods are made to the Client’s specifications or clearly personalised, the statutory cancellation right under the Consumer Contracts Regulations 2013 does not apply once production has commenced.
3. Shipping
Shipping & Logistics
Where Nusom arranges and manages shipping and logistics on behalf of the Client, the shipping method, estimated timelines and costs will be confirmed at the time of purchase.
Shipping costs are based on prevailing rates at the time an order is placed and are subject to change prior to delivery due to factors outside Nusom’s control, including but not limited to carrier surcharges, fuel increases, route changes, port congestion, customs requirements or regulatory changes.
Where such increases occur, Nusom reserves the right to charge the Client any additional costs incurred. Any such adjustments will be communicated to the Client as soon as reasonably practicable.
3.i) Delivery Charges
Quoted delivery charges are estimates only. Additional costs may apply and will be confirmed to the Client where possible prior to shipment.
3.ii) Customs, Duties & Taxes
Export shipment costs do not include customs duties, taxes, import VAT, brokerage or clearance charges. All such charges are the sole responsibility of the Client. Any refusal, delay or abandonment of goods due to non-payment of these charges will result in the Client being invoiced for all associated return freight, duties, taxes, storage and handling costs incurred.
3.iii) Project Delays & Storage
If delivery is delayed due to the Client’s project, site readiness or instruction, Nusom reserves the right to apply reasonable storage and handling charges.
3.iv) Insurance
Unless expressly agreed in writing, transport insurance is not included. Nusom shall not be responsible for loss of or damage to goods in transit. Clients are advised to obtain adequate insurance coverage.
3.v) Incoterms
Unless stated otherwise in writing, all deliveries are made Ex Works (EXW) the relevant warehouse, in accordance with Incoterms® 2020. Where a freight forwarder is nominated by the Client, Nusom may agree to deliver Free Carrier (FCA).
3.vi) Risk & Title
Risk in the goods passes to the Client upon collection or handover to the carrier or freight forwarder, whichever occurs first. Title to the goods shall pass only upon receipt of full payment in cleared funds. The Client is responsible for insuring the goods from the point at which risk transfers.
3.vii) Pre-Shipment Approval
For made-to-order goods, Nusom or the manufacturer may provide completion photographs prior to shipment. The Client must confirm acceptance within four (4) business days of receipt. Failure to respond within this period shall be deemed acceptance, and shipment may proceed accordingly.
4. Product Queries/Complaints
4.i) Natural Variation
Many goods are natural, bespoke or hand-made and may contain inherent variations or flaws, which are not defects.
4.ii) Installation
Nusom is not responsible for damage or defects arising during installation, whether by the Client, contractors, or third parties.
4.iii) Consequential Damages
No claims will be allowed for labour charges or consequential damages. Delivery dates are approximate and not guaranteed.
4.iv) Notice of Faults
Faults must be notified within 10 working days of receipt or goods will be deemed accepted. Photographs must be provided. Except where the Client is a Consumer, in which case Clause 1A applies.
4.iv-A) Transport Damage
Visible damage, shortage or loss must be notified within 12 hours of delivery by email with photographs and confirmed in writing within 48 hours.
4.v) Complaints Procedure
Complaints must be emailed with photographs. If review is required, Nusom may arrange a site visit (Greater London) or collection. If no fault is found, Client must bear collection/return costs.
4.vi) Colour Matching
No guarantee can be given that materials used in later orders will exactly match those supplied in an earlier order. Natural and hand-applied materials (including but not limited to fabric, timber, veneer, stone, metal, glass and specialist finishes) may vary between production runs. Clients are therefore advised to order at least 15% more than required at the outset to allow for future repairs, replacements, or extensions.
4.vii) Tolerances, Hand-Finishing and Material Movement
Goods supplied by Nusom may be hand-made, hand-finished and/or produced using natural materials. Unless expressly stated otherwise in the agreed specification, minor and reasonable variations and tolerances in dimensions, colour, grain, texture, veining, patina, alignment, and finish are inherent characteristics of such goods and do not constitute defects. Natural materials and timber-based products may also expand, contract, or move over time due to environmental conditions; this is not a defect where within reasonable expectations for the material and intended use.
4.viii) Environmental Conditions and Care
The Client is responsible for ensuring that goods are stored, handled, installed and maintained in suitable conditions and in accordance with any care, maintenance or installation guidance provided. Variations or damage caused by environmental factors (including, without limitation, humidity, temperature fluctuations, direct sunlight/UV exposure, proximity to heat sources, moisture, condensation, or underfloor heating) or by inadequate ventilation, care, cleaning products, or maintenance do not constitute defects. This does not affect a Consumer’s statutory rights.
5. Rights, Warranties and Liability
5.i) Exclusions
Except where the Buyer is a Consumer, all warranties or terms implied by statute or common law (save for title under the Sale of Goods Act 1979) are excluded to the fullest extent permitted.
5.ii) Made-to-Order Goods – Warranty
For made-to-order or bespoke goods, Nusom Ltd does not provide an independent warranty. Where the maker/manufacturer offers a warranty, Nusom will make this available to the Client on the same terms.
If a defect is notified in accordance with Clause 4, Nusom will liaise with the relevant maker/manufacturer to seek, where possible, a repair or replacement in agreement with the maker. Nusom shall not be obliged to provide any warranty, replacement, refund or repair beyond what the maker agrees to offer.
For consumer Clients, this does not affect statutory rights under the Consumer Rights Act 2015.
5.iii) Liability Exclusions
Nusom is not liable for indirect or consequential losses, including profit loss.
5.iv) Liability Cap
Nusom’s aggregate liability shall not exceed the price paid for the goods giving rise to the claim, subject to Clause 5.v.
5.v) Non-Excludable Liabilities
Nothing excludes or limits liability for:
(a) death or personal injury caused by negligence,
(b) fraud or fraudulent misrepresentation, or
(c) any matter which cannot legally be excluded.
5.vi) Late Payment
For business Clients, statutory interest and recovery costs apply under the Late Payment of Commercial Debts (Interest) Act 1998.
6. Intellectual Property
All intellectual property rights (copyright, design rights, drawings, renderings, specifications and preparatory works) remain with the relevant manufacturer/artist (including Jallu Ébénistes) or licensors.
The Client acquires only the physical goods. No reproduction, public display, commercial imagery use or derivative work is permitted without written consent and attribution as directed.
7. Communications
Formal notices under these Terms must be in writing and delivered by courier, registered mail, or email. Notices are deemed received when delivered, when email transmission is successful, or within the timescales stated in Clause 6 of Nusom’s previous terms.
8. Force Majeure
Neither party is liable for delays or failures caused by events beyond reasonable control (including strikes, civil unrest, natural disasters, terrorism, pandemics, etc.).
9. No Waiver
No waiver of a breach constitutes a waiver of future breaches.
10. Severance
If any clause is invalid, the remainder continues in effect.
11. Law and Jurisdiction
11.i) Governing Law
These Terms are governed by the laws of England and Wales.
11.ii) Jurisdiction
The courts of England and Wales have exclusive jurisdiction, subject to mandatory consumer rights allowing proceedings in the consumer’s domicile.
11.iii) Alternative Dispute Resolution
Consumers may refer unresolved disputes to an alternative dispute resolution provider under the ADR for Consumer Disputes Regulations 2015. If purchased online, EU consumers may also use the European Commission’s ODR platform.
Nusom Ltd
Company Registered in England and Wales.
Company Number: 12458028
VAT Number: 3444165 11
Registered Office: Nusom Ltd, 448 Merton Road, London, SW18 5AE.