Terms & Conditions

Terms & Conditions

Welcome to the LOMI Design Limited website terms & conditions. These conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the conditions set out below. If you do not agree to be bound by these conditions you may not use or access this Website.
Before you place an order, if you have any questions relating to these conditions please contact us by e-mail lomi@lomi.ie, or call us on (01) 839 7001.
 
Access to the Website
You are provided with access to this website in accordance with these conditions and any orders placed by you must be placed strictly in accordance with these conditions. To access and purchase goods on this website you must be over 18 years of age & possess a valid credit or debit card issued by a bank acceptable to LOMI Design Limited.
 
Registration
You warrant that: The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to the Personal Information by contacting us by e-mail lomi@lomi.ie, or call us on (01) 839 7001. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
 
Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website, using your shopping account and/or your Personal Information.

PLEASE READ THE FOLLOWING INFORMATION CAREFULLY

PRODUCT INFORMATION
1. Whilst LOMI Design Limited take every care to ensure the accuracy of product information supplied to its customers; it must be understood that our manufacturing partners reserve the right to amend prices & specifications, and to withdraw or cancel products or finishes without prior notice, therefore, LOMI Design Limited cannot accept liability for these changes.

2. The reproduction of finishes in catalogues or electronic documents is for guidance only. Please consult LOMI Design Limited to see the actual finish samples. Reasonable regard must be given to the variances naturally occurring in materials modified by commercial and industrial processes.

3. Where timbers are mentioned (Cherry, Oak, Walnut etc.) the term refers only to the colour of the finish. Precise details of the constituent materials used can be found by contacting LOMI Design Limited.

4. Where furniture in wood, lacquer or upholstered finishes is ordered at different times exact colour matching cannot be guaranteed.

5. All sizes are metric, quoted either in centimetres or millimetres. If you require sizes in imperial measure, please contact LOMI Design Limited, but please note that all measures are for guidance & approximate only.

6. All wall-mounted accessories are supplied with fittings for solid walls. Please consult LOMI Design Limited regarding suitability for other wall types.

7. All furniture containing lighting is supplied suitable for electrical connection to a wall socket only. For any other electrical connection customers must consult with a qualified electrician. LOMI Design Limited installers cannot undertake any electrical work.

8. For all furniture, appliances and accessories required to be plumbed to a water supply customers must consult with a qualified plumber. LOMI Design Limited installers cannot undertake any plumbing work.

9. For all furniture, appliances and accessories required to be connected to mains electricity (for example, oven units, extractor units etc.) customers must consult with a qualified electrician. LOMI Design Limited installers cannot undertake any electrical work.

10. LOMI Design Limited installers cannot undertake any minor structural alterations or building work. Customers should consult with the appropriately qualified trades.

ORDERING PROCEEDURES FOR FURNITURE ORDERS

1. After the details of your order have been decided & you have placed your order through the website customers will be sent an Order Confirmation within 48 hours (within 72 hours if you order on Sat or Sun). You are asked to check this carefully. You have 7 days from the date of the order confirmation to amend or to cancel your order. If there is anything that needs amendment please contact LOMI Design Limited and a revised order confirmation will be issued. If we do not hear from you within the 7 day period the order will be processed with the details confirmed on your Order Confirmation.*Please note that orders will not be processed for manufacture without full payment.

2. At the time of ordering please give your full postal address and home/work/mobile phone numbers. If the delivery address is a new property please give the address, directions & the builders/developers name & contact number on-site. If the delivery address is an apartment or flat, please give details of the floor number & if there are usable lift facilities. If you are in the process of moving house, please advise us of both your contact & delivery addresses.

3. Delivery time is up to 8 – 10 weeks from receipt of your payment & acceptance of the Order Confirmation in writing, but may extend at holiday times or in periods of high demand. If a later than standard delivery is required please inform LOMI Design Limited at time of ordering. If you request an earlier delivery time Lomi Design will endeavour to meet this request; however earlier delivery times cannot be guaranteed and Lomi Design will not be liable for any delays.

4. Before Delivery of your furniture to the delivery address LOMI Design Limited require the payment of the full value of your furniture order as confirmed on your Order Confirmation.

DELIVERY INFORMATION

1. LOMI Design Limited delivers Free of additional Charges to THE ISLAND OF IRELAND (incl. NORTHERN IRELAND) for Orders of over €1500 in value. Delivery to other locations outside the island of Ireland will be subject to additional charges. LOMI Design Limited’s capacity to deliver outside the above areas will be dependent on the delivery location, complexity & nature of the order.

2. Delivery in the Dublin area is complimentary. Delivery to other areas will incur delivery charges. The delivery charges will vary depending on the size and complexity of your order.

3. LOMI Design Limited will inform the customer as soon as the order becomes available for delivery, to arrange a suitable time for delivery. LOMI Design Limited will hold the order in our warehouse free of charge for a period of 14 days after the customer has been so informed, either by letter, phone or e-mail. Should LOMI Design Limited be required to hold the order at our warehouse for a period over 14 days, a storage charge will apply. Storage charges are based on the cubic metre volume of the order. A charge of €25 per cubic metre per calendar week or part of a week (plus VAT at the rate current during the storage period) will apply.

4. All furniture is made to order specifically to each customer’s requirements. LOMI Design Limited offers each customer a 7 day ‘cooling off’ period from the date we send you your Order Confirmation. (Cooling off period does not apply to Sale or Ex.Display items). During this 7 day period you may make changes to your order or cancel your order outright. When the 7 day period is concluded your order will be ‘in production’. Once your order has been confirmed for production by our suppliers; should a customer cancel an order for any reason, LOMI Design Limited reserve the right to make a cancellation charge/restocking fee of 50% of the order value. (Sale or ex-display items are non-returnable once purchased).

5. Modular furniture, Kitchens & Wardrobes are available as both fitted and freestanding options, and are positioned & assembled by dedicated LOMI installers in accordance with the customers order confirmation. Any removal or re-siting of radiators, light switches power points etc. must be done before delivery by the customer or their appointed agents. Any decorative work, for example, new floor or wall finishes should be completed prior to delivery, except for the hanging of curtains or other window dressings which are better carried out after the completion of any furniture installation.

6. LOMI installers do not remove existing furniture or fittings. Removal of existing furniture or fittings must be carried out by the customer or their appointed agents before delivery.

7. Occasionally, removal of skirting boards is necessary to enable the furniture to be flush to the wall (depending on site conditions). This can be more aesthetically pleasing, but is not essential. If LOMI furniture installers are required to remove skirting boards prior to fitting of the furniture, LOMI will facilitate the customers request but will not accept liability for any minor damage to surrounding plaster, paint, wallpaper, flooring or woodwork. The costing for skirting boards removal will be advised to client.

8. LOMI Design installers are not qualified to perform electrical installations therefore we cannot connect lighting or electrical appliances purchased from our range to mains electricity and would recommend that customers engage the services of a qualified electrician to do so.

9. LOMI Design installers are not qualified to perform plumbing installations and would recommend that customers engage the services of a qualified plumber for such installations.

10. LOMI Design installers are not qualified to perform any building or structural work and would recommend that customers engage the services of suitably qualified trades for such installations.
 
ORDER CANCELLATION & REFUND POLICY

1. You may cancel your order without penalty or additional charges within 7 days after you receive delivery of your order (provided that you have not ordered items manufactured to your specification i.e. 'Made to Order'). Please notify us no later than 7 working days after we deliver the goods that you are cancelling your order.

2. Should you cancel your order it will be your responsibility to return the goods to LOMI Design Limited, unopened, intact, in their original packaging, in resaleable condition.

3. Once you have returned the goods to us in a resaleable condition we will refund you in full within 30 days of receipt of the goods.

4. If you have cancelled your order & you do not return the goods, as required by us, we may charge you our direct costs of recovering the goods.

5. This cancellation & refund policy does not apply to 'Made to order' items as these are specially manufactured in the customers specification.


LOMI Design Limited Terms and conditions of Sale

1. Basis of Contract

The following terms and conditions shall apply to any contract of sale entered into between LOMI Design Limited (“LOMI design”) and a customer of LOMI design and shall form part of all such contracts for the sale of goods and or services by LOMI design and shall prevail over any inconsistent terms or conditions contained in or referred to in any order or correspondence of the customer and all conditions contrary to these conditions are hereby excluded.

2. Quotations, orders, specifications and performance
1. Quotations by LOMI design shall not constitute offers to the customer. An offer will be constituted by an order from the customer and a contract will be created by LOMI designs acceptance of the customer’s orders. Each order from the customer will constitute the basis of a separate contract.
2. Orders can be made or confirmed by phone or in writing (letter, fax or e-mail) by the customer and are in all cases subject to written acceptance by LOMI design. LOMI Design will issue a written order confirmation to confirm the details of the order.
3. The Order will be processed once the payment has been received and the customer has signed a copy of the Order Confirmation or has confirmed in writing by email, letter, fax or otherwise, indicating their acceptance of the details of the order as confirmed & accepting LOMI designs terms & conditions of sale.

3. Manufacturing Time and processes
1. Manufacturing times are up to 10 to 12 weeks from date of receipt of the customer’s payment. Orders will not be processed until the purchase price has been received & cleared into LOMI designs bank account.
2. Manufacturing times are given on condition that materials or fabrics are available from suppliers. If LOMI design should incur an additional delay from any supplier we shall inform the customer of the new date of delivery. However, additional delays out of the control of LOMI design will not constitute grounds for the cancellation of an order.
3. Colour matching: The colour or shade of the goods cannot be guaranteed to match exactly the colour or shade of any sample of goods shown in any catalogue, online catalogue, electronic document, advertisement, pattern book or elsewhere. Reasonable regard must be given to the variances naturally occurring in materials modified by commercial and industrial processes.

4. Delivery
1. No delivery of goods shall be made from LOMI Design to the customer until the goods have been paid for in full.
2. The quantities of any consignment of goods delivered under this contract shall be as specified by LOMI design on the delivery dockets or invoice upon dispatch from LOMI design’s warehouse and shall be accepted by the customer as conclusive evidence of the quantity so delivered.
3. In the case of delivery by installments, each delivery shall be regarded as a separate and independent contract. LOMI design reserves the right to make partial deliveries and failure by LOMI design to deliver any one or more of the installments in accordance with these conditions or any claim by the customer in respect of any one or more installments shall not entitle the customer to treat the contract as a whole as repudiated.
4. Unless otherwise agreed, the customer shall pay all freight and delivery charges & the amount payable shall be solely at the discretion of LOMI design.
5. Prices quoted for delivery of goods are approximate only; LOMI design shall not be liable for any delay in delivery of the goods howsoever caused nor for any indirect or consequential loss or damage whatsoever.
6. The customer shall inspect the goods immediately on delivery and any matter or thing by virtue of which the goods are alleged not to be in accordance with the contract must be notified to LOMI design. Such notification must be made in writing and any defective goods must be held for inspection. If the customer fails to give such notice the goods shall be deemed to be in all respects in accordance with the contract and the customer shall be bound to accept and pay for the same accordingly.
7. In the event of an act of God, authoritative direction or industrial, civil or international unrest or any other cause whatsoever beyond the control of LOMI design, LOMI design shall not be liable for any delay in delivery, non-delivery, destruction or deterioration of all or any part of the goods nor for any indirect or consequential loss or damage whatsoever.

5. Price and payment
1. The price of the goods shall be the price quoted by LOMI design at the time you place your order, the LOMI design price list current at the time of order or (if different) stated or confirmed in LOMI design’s acceptance of the customer’s order. All prices are quoted in Euro €, ex works Dublin.
2. Unless otherwise specified, VAT and any other tax or duties payable by the customer shall be included on all invoices.
3. LOMI design shall have the right at any time to change its prices or specifications. In cases of raw material price increases, LOMI design undertakes to inform the customer by post, e-mail, fax or otherwise. The customer will in such circumstances, be entitled to cancel the order provided the customer gives LOMI design not less than 14 days’ notice in writing of such cancellation.
4. The customer shall pay a minimum 50% deposit for all orders on confirmation in writing and the balance of payment will be made in accordance with the details on the customer’s order confirmation & such payment will be forwarded in full to LOMI design prior to delivery, unless otherwise agreed in writing.
5. The total cost of your order is the price of the Products ordered plus delivery charges (where applicable). Orders shipped outside the European Union are inclusive of VAT and it is the responsibility of the customer to deal with any taxation or import duties required to be paid in the destination country.
6. Payment can be made by any of the methods specified in the payment section of this Website and payment will be debited and cleared from your account at the time of the placing of your order. Payments are processed independently of LOMI Design Limited via secure payment provider.
7. LOMI Design Limited operate 3D Secure payment processing to ensure security against ‘unauthorised use’ for our customers. You may be referred to a ‘Verified by Visa’ or ‘Mastercard Secure Code’ page while completing your transaction. 
8. You confirm that the credit, debit or store card that is being used is your personally assigned card.
9. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

6. Rights of Cancellation under European Distance Selling Directive (http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/distance_selling.html)
1. You may cancel the contract under the European Distance Selling Directive by notifying us no later than 14 working days after we deliver the goods that you are cancelling the contract, provided that the goods so delivered were not manufactured to customer specification. Please note that the European Distance Selling Directive specifically exempts ‘Made to Order’ goods manufactured to customer specifications from the requirement for a 14 day ‘cooling off’ period in which the contract may be cancelled.
2. PLEASE NOTE that most of the items available for sale on www.lomi.ie website are ‘Made to Order’. ‘Made to Order’ products are indicated clearly on the website on that products web page together with expected delivery time.
3. You may not cancel your contract with LOMI Design Ltd. under the Distance Selling Regulations where you have ordered items that have been manufactured to your specification.
4. If you cancel the contract under the European Distance Selling Directive you must return the goods to us at your own expense. The goods must be returned to LOMI Design Ltd in original saleable condition & intact, in their original packaging within 14 days of your cancellation of the contract.
5. If you cancel the contract under the European Distance Selling Directive, you must take reasonable care of the goods from the time you receive them until you return them to LOMI Design Ltd.
6. If you do not return the goods in original saleable condition & intact, in their original packaging LOMI Design Ltd. reserve the right to charge you our direct cost of repairing, replacing or otherwise restoring the goods to original saleable condition.
7. If you cancel the contract under the European Distance Selling Directive and do not return the goods, as required by us, we may charge you our direct costs of recovering the goods.

7. Risk and property
1. All property in and title to the goods shall remain with LOMI design until such time as all sums owing to LOMI design in respect of the goods have been paid to LOMI design inclusive of all tax, delivery and other charges.
2. Notwithstanding the foregoing the goods shall be at the risk of the customer from the time of delivery.

8. Complaints, warranties and liabilities
1. Any claim in respect of the goods must be made in writing to LOMI design within a period of thirty days after the delivery and the alleged defective goods must be available for inspection by LOMI design and no goods shall be returned to LOMI design save with its consent.
2. In no case shall LOMI design be liable for any adverse effects resulting from application to the goods of any process, operation or treatment unless specifically recommended or agreed to in writing by LOMI design.
3. In no case shall LOMI design be liable for damage to goods occurring through normal wear and tear.

9. Patents, trademarks and designs
1. LOMI design furniture products & any third party products sold by LOMI Design are copyrighted designs and may not be copied or reproduced in any form whatsoever by any other company or furniture manufacturer, retailer or crafts person.
2. All designs and drawings remain the property of and copyright of LOMI design and may not be reproduced or used in any form or by any means - graphic, electronic, mechanical, photocopying, recording or otherwise - without the prior written permission of LOMI design.