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 (i) the Client placing an order; or (ii) the Client making payment of any invoice issued by Nusom Ltd which references these Terms and Conditions.
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.
2. Orders
2.i) Deposits
Orders above £5,000 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 under £5,000
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
3.i) Delivery Charges
Quoted delivery charges are estimates only. Additional costs may apply and will be confirmed to the Client.
3.ii) Customs & Duties
Export shipment costs do not include customs, duties, taxes or clearance charges. These are the Client’s responsibility. Refusal or abandonment due to non-payment will result in the Client being invoiced all return, duty, tax and freight charges.
3.iii) Project Delays
If delivery is delayed due to the Client’s project, storage charges may apply.
3.iv) Insurance
Unless expressly included, Nusom is not responsible for transport damage. Clients are advised to obtain insurance.
3.v) Incoterms
Unless stated otherwise, deliveries are Ex Works (EXW) the relevant warehouse. Where a forwarder is nominated by the Client, Nusom may agree Free Carrier (FCA).
3.vi) Risk & Title
Risk passes to the Client upon handover to carrier/forwarder or collection. Title passes only upon full payment. The Client must insure goods from risk transfer.
3.vii) Pre-Shipment Approval
For made-to-order goods, Nusom (or the manufacturer) may provide completion photographs. The Client must confirm acceptance within 4 business days. Lack of response is deemed acceptance, and shipment may proceed.
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.
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.
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.