These terms apply to every order placed with Value Mark Furniture ("we", "us"). By placing an order you accept them in full and they take precedence over any terms on your purchase order or other document. Last updated September 2026.
"Goods" means the furniture and other items we agree to supply. "Order" means your order for Goods, however placed. "Contract" means the contract between us for the supply of Goods, formed when we accept your Order (by written confirmation, by despatch, or by invoice, whichever is first). "Trade customer" means a business buying Goods for resale or for use in its business. We supply Goods to Trade customers only.
2.1 Prices quoted exclude VAT unless otherwise stated. VAT is charged at the rate applying at the time of delivery.
2.2 Quotations are valid for 30 days unless otherwise stated and are not offers; a Contract is formed only when we accept your Order.
2.3 Prices on our website are recommended retail prices including VAT and are for guidance only. Trade prices are those on our current trade price list or as confirmed in writing for your account.
2.4 Unless otherwise stated the price quoted is provisional. The price charged will be our price current at the date of despatch. We will tell you before despatch if the price is to increase, and you may then cancel the affected Order in writing without charge.
2.5 We may adjust the price before delivery to reflect any increase in our costs of supplying the Goods that is beyond our reasonable control, including changes in duty, tax, exchange rates, carriage or supplier prices.
3.1 Orders over £1,000 (excluding VAT) are delivered free of charge to mainland UK addresses unless otherwise stated.
3.2 Orders of £1,000 or less carry a delivery charge of 10% of the order value, subject to a minimum charge of £25, unless otherwise stated.
3.3 Deliveries to Northern Ireland, the Republic of Ireland, the Scottish islands, the Isle of Wight, the Isle of Man, the Channel Islands and other offshore or remote locations are quoted separately.
4.1 Delivery dates are estimates only and time of delivery is not of the essence. We will not be liable for any loss arising from a delay in delivery, and delay does not entitle you to cancel the Contract unless it exceeds 180 days, in which case you may cancel by written notice provided the Goods have not been despatched.
4.2 Delivery takes place at our premises if you or your carrier are collecting, or otherwise at the address you specify when the Goods are unloaded. It is your responsibility to ensure that the address is correct and that there is safe and suitable access for our vehicle and for unloading. We may decline to deliver, or may charge for a failed delivery, where access is unsafe, unsuitable or where nobody is available to accept the Goods.
4.3 We may deliver in instalments. Each instalment is a separate Contract and a problem with one instalment does not entitle you to cancel the others.
4.4 Our record of the quantity despatched is conclusive evidence of the quantity delivered unless you can show otherwise.
4.5 Our liability for non-delivery of any Goods is limited to replacing them within a reasonable time or issuing a credit note at the pro-rata Contract price.
5.1 You must inspect the Goods on delivery. Any damage, shortage or discrepancy must be noted on the delivery paperwork and notified to us in writing within seven days of delivery. Non-delivery of a consignment must be notified within seven days of the invoice date.
5.2 You must give us, and any carrier, a reasonable opportunity to inspect damaged Goods and their packaging, and must not dispose of them without our agreement.
5.3 Where a claim is validly made under this clause we will, at our option, repair or replace the Goods or credit the price. We will have no liability for damage or shortage not notified in accordance with this clause.
6.1 Risk in the Goods passes to you on delivery, or when the Goods leave our premises if you or your carrier are collecting.
6.2 Title to the Goods remains with us until we have received payment in full, in cleared funds, of all sums due to us under this and every other Contract between us.
6.3 Until title passes you must hold the Goods as our bailee, store them separately and identifiably as ours, not remove or obscure any identifying mark, keep them insured for their full price, and not sell, charge or otherwise dispose of them except in the ordinary course of your business.
6.4 Your right to sell the Goods in the ordinary course of business ends immediately if you become insolvent or if we tell you in writing that it has ended. We may then enter any premises where the Goods are stored to inspect or recover them, and you grant us an irrevocable licence to do so.
6.5 Nothing in this clause prevents us from suing for the price once it is due, even though title has not passed.
7.1 Unless you hold an approved credit account, payment is due in cleared funds before despatch, and we may require a deposit with your Order.
7.2 Credit account customers must pay each invoice in full within 30 days of the invoice date unless other terms are agreed in writing. We may withdraw or reduce a credit facility, or require earlier payment, at any time without notice.
7.3 If you fail to pay on the due date we may, without prejudice to any other right: suspend or cancel further deliveries; withdraw any discount; charge interest on the overdue amount at the rate set under the Late Payment of Commercial Debts (Interest) Act 1998, accruing daily from the due date until payment, before and after any judgment; claim fixed-sum compensation under that Act; and recover our reasonable costs of collection, including legal costs.
7.4 You must pay all sums due without deduction, set-off or counterclaim. Time for payment is of the essence.
7.5 While any sum is overdue we have a lien over any of your property in our possession.
8.1 Goods are supplied in accordance with the description on our order confirmation. Photographs, drawings, dimensions, weights and colour or finish samples in our catalogue, price list, website or other material are approximate and for illustration only; they do not form part of the Contract.
8.2 Natural materials such as timber, veneer, marble and leather vary in grain, colour and figure. Such variation, and reasonable variation in the shade of stains, lacquers, glass and fabrics between batches, is not a defect.
8.3 We may make changes to the specification, finish or design of Goods that are required by law or that do not materially affect their quality or performance, and may discontinue lines without notice.
9.1 We warrant that on delivery the Goods will conform in all material respects with their description and will be free from material defects in materials and workmanship. This warranty does not cover fair wear and tear, wilful damage, negligence, misuse, failure to follow care instructions, alteration or repair by anyone other than us, or Goods used in a commercial or contract setting where they were sold for domestic use.
9.2 Any claim under this warranty must be made in writing within seven days of the defect becoming apparent and, for defects apparent on delivery, within seven days of delivery. You must allow us to examine the Goods and, where we ask, return them to us or provide photographs.
9.3 Where a valid claim is made we will, at our option, repair or replace the Goods or refund or credit the price of the affected Goods. This is your sole remedy for breach of the warranty.
9.4 Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot lawfully be excluded.
9.5 Subject to 9.4, we will not be liable, whether in contract, delict (including negligence), breach of statutory duty or otherwise, for any loss of profit, loss of business, loss of goodwill, loss of use or any indirect or consequential loss arising out of or in connection with the Contract. Our total liability to you in respect of any Contract is limited to the price paid for the Goods under that Contract, save that our liability for damage to physical property caused by our negligence is limited to £1,000,000 per event.
9.6 Except as set out in these terms, all warranties, conditions and other terms implied by law are excluded to the fullest extent permitted.
10.1 Goods correctly supplied are not returnable as of right. We may, at our discretion, accept the return of Goods by prior written arrangement, subject to a handling charge (normally 20% of the invoice price) and any collection costs, and provided the Goods are unused, in their original packaging and in a condition fit for resale.
10.2 Goods returned without prior arrangement, or not securely repacked in their original packaging, may be refused or credited at a reduced value.
10.3 Clause 10.1 does not apply to Goods that are defective or were supplied in error, which are dealt with under clauses 5 and 9.
11.1 An Order may not be cancelled or varied once accepted except with our written agreement. Where we agree to cancellation you must pay for any Goods already despatched and for any special-order, made-to-order or non-stock Goods obtained or committed to for your Order.
11.2 We may suspend or cancel any Order or Contract by written notice if you fail to pay any sum when due, become insolvent, or breach these terms and fail to remedy the breach within seven days of being asked to.
12.1 Where Goods are supplied for delivery outside the United Kingdom, Incoterms in force at the date of the Contract apply, but these terms prevail in the event of any inconsistency. Unless otherwise agreed Goods are supplied ex works.
12.2 You are responsible for all import licences, duties, taxes and compliance with the laws of the country of destination, and for arranging inspection of the Goods before shipment. We are not liable for any damage occurring in transit after the Goods leave our premises.
We will not be liable for any failure or delay in performing our obligations that is caused by circumstances beyond our reasonable control, including act of God, flood, fire, storm, epidemic, war, terrorism, civil unrest, strikes or other industrial action, failure of transport or utilities, and failure or delay by our suppliers or carriers. We may suspend or cancel affected Contracts without liability.
You are treated as insolvent if you are unable to pay your debts as they fall due, if any step is taken towards your bankruptcy, sequestration, liquidation, administration, receivership or a voluntary arrangement with creditors, or if any equivalent event occurs in any jurisdiction. You must tell us in writing immediately if any such event occurs or is threatened.
15.1 We process personal information you give us to operate your account, process and deliver Orders, manage payment and tell you about our products. Details are in our privacy policy.
15.2 Our trade price list, discounts and any other information about our business that is not public are confidential. You must not disclose them to any third party without our written consent, and must not publish or advertise our trade prices.
Notices under the Contract must be in writing and may be delivered by hand, sent by first-class or recorded post to the other party's registered office or principal place of business, or sent by email to an address the other party has used for correspondence about the Order. Notices are treated as received on delivery by hand, two working days after posting, or on the next working day after sending by email.
17.1 The Contract is governed by Scots law and the Scottish courts have non-exclusive jurisdiction.
17.2 The Contract is the entire agreement between us for the supply of the Goods and supersedes any prior discussions or representations. You acknowledge that you have not relied on any statement not set out in the Contract, but nothing in this clause limits liability for fraudulent misrepresentation.
17.3 No variation of these terms is binding unless in writing and signed by an authorised representative of each party. No failure or delay by us in exercising a right is a waiver of it.
17.4 You may not assign or transfer the Contract or any rights under it without our written consent. We may assign or subcontract our obligations.
17.5 If any provision of these terms is held to be invalid or unenforceable, the remainder is unaffected and the provision is treated as amended to the minimum extent needed to make it valid.
17.6 If you are more than one person, your obligations under the Contract are joint and several. Nothing in the Contract creates any right enforceable by a third party.
Value Mark Furniture, Garroch Warehouse, Castle Douglas Road, Dumfries DG2 8PS. Telephone 01387 253897 · info@valuemark.biz.