When placing an order on voga.com you agree to the terms and conditions as detailed below.
- 1.1. To place an order the Buyer must use the Order process described at voga.com/faqs.
- 1.2. All orders for Goods are deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Merchant. The Merchant may choose not to accept an order for any reason whatsoever.
2. Price and payment
- 2.1. The price of the Goods is inclusive of VAT as displayed on the website and as the Buyer has finalised their choice of made to order goods. The total price, including VAT, will be displayed and confirmed upon checkout before the order is finalised.
- 2.2. Payment of the price plus any applicable VAT charges must be made in full before order is processed.
- 2.3. Once the Merchant receives the order the Merchant will e-mail confirmation of the order (including details of the Goods ordered and the price)
- 2.4. The total price you pay for the goods will be shown at the checkout. The Merchant is entitled to adjust the advertised price to take account of any increase in our supplier's prices, the imposition of any new taxes or duties, typographical error, or error in pricing information from suppliers. Should The Supplier have cause to adjust the price you will be notified.
- 2.5. In the event a product is listed at an incorrect price due to the above (see clause 3.3) the Merchant shall have the right to refuse or cancel any order submitted at the incorrect price whether or not the order has been confirmed. If your payment has already been processed and we subsequently cancel your order, we will immediately issue a refund for the full value of the amount processed.
- 2.6. Payment is taken at the time of ordering, regardless of the specified lead time stated.
- 2.7. All order transactions are made in Euro (€), this includes all discounts and refunds. Actual exchange rates for your local currency may vary between days of transaction.
- 2.8. Any voucher will be valid for the term set out in the conditions for that individual voucher and may have a minimum spend attached to it.
- 2.9 Voucher codes cannot be refunded.
- 2.10 Only one voucher code can be used per transaction.
- 2.11. It must be noted that any additional charges incurred by the customer transferring, or receiving, money from the Merchant should expect to pay for them and do not fall under the responsibility of the Supplier.
3. Merchant's rights
- 3.1. The Merchant reserves the right to withdraw any Goods from the Website without notice without any liability whatsoever.
- 3.2. The Merchant reserves the right to refuse any order without liability.
- 3.3. Unless specifically displayed on the website, prices are not guaranteed for any length of time. The Merchant reserves the right to update the prices displayed and will use their best endeavours to ensure that prices are correct at the time the buyer places an order.
- 3.4. Where any payment is overdue (does not clear for any reason or is not made on time) then the Merchant will immediately cease or suspend the production of any Goods until full cleared payment is received by the Merchant.
- 4.1 The copyright laws for the retail of replica furniture do not allow facilitated delivery of products to customers, therefore we are not legally permitted to deliver orders directly to our customers. VOGA is, and has always been, a company with a mission to provide our customers with affordable designs within the legal framework of these copyright laws. This is reflected in our product prices and therefore we do not charge for delivery on our website.
- 4.2 The Merchant does not facilitate delivery, the Merchant will deliver the Goods to the warehouse or such other address as it may be advised on its website from time to time (the Delivery Address). The Buyer may collect the Goods from the Delivery Address or arrange for a third party carrier to collect the Goods from the Delivery Address.
- 4.3 The Goods are available for pick up at the Warehouse for a maximum of 3 weeks after arrival. If the Buyer fails to arrange collection within this time, the Merchant may arrange for the Goods to be reassigned, given to charity or destroyed.
- 4.4 No refunds will be given to any order unattended unless further arrangements have been made within the 3 week period from products arriving to our warehouse. All further arrangements must be confirmed in writing by the Merchant.
- 4.5 The Buyer is responsible for any potential storage cost accumulated past the 3 weeks stated in 4.3.
- 4.6 However, the Buyer must be aware that all risk and ownership in all Goods passes to the Buyer at the time of delivery of the Goods to the Delivery Address and that as from such time, including during any subsequent transit time, the Buyer shall be responsible for the Goods and responsible for any additional costs connected with the Goods, including transit, import duties, local taxes and insurance costs. Where the Buyer arranges the collection and onwards delivery of Goods with a third party carrier, the Buyer will be entering into a contract directly with the third party carrier.
- 4.7 Where the Buyer arranges the collection and onwards delivery of Goods with a third party carrier, then the time of that onwards delivery for such Goods will vary and is at the Buyer's own risk.
- 4.8 A Buyer outside of the EU is responsible for paying any VAT or customs charges upon import to the Buyer’s country of destination.
- 4.9 The production time of the Goods is between eight and sixteen weeks before Goods are available at the Warehouse.
- 4.9.1 Any order placed between December 1st and January 30th is subject to a production time of an additional 4 weeks.
- 4.10 The Merchant will use all reasonable endeavours to adhere to any agreed dates for delivery of the Goods to the Delivery Address and any agreed dates for collection by the Buyer or a third party carrier, but time shall not be of the essence. The Merchant will never be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any delivery or collection date. The status of your delivery will be updated on the track order page. In order to avoid our automated response messages being filtered as spam, we will not send notifications with the latest updates.
- 4.11 The title in Goods will only pass to the Buyer upon cleared full payment of the price and on delivery of the Goods to the Delivery Address. Risk in any Goods passes to the Buyer on delivery of those Goods to the Delivery Address.
- 4.12 It is the Buyer's responsibility to examine the packaging and Goods very carefully for any damage, immediately upon collection. If there is any damage at all, for example, packaging shows signs of being torn or squashed, the Buyer must notify the Merchant via contact us on the day it collects the Goods or receives them from the third party carrier. In addition, where the Buyer is signing to collect a package that appears damaged in any way then the Buyer must sign and write 'Collected Damaged'. It is also the Buyer’s responsibility to examine whether the Buyer has received the correct Goods immediately upon collection.
- 4.13 Buyers must take care when opening packaging. The Merchant cannot be responsible for any damage caused as a Buyer removes packaging, for example, if the Buyer uses a knife to remove packaging and Goods are torn.
- 4.14 In the event of unexpectedly high volume sales due to a campaign, the delivery may extend with additional two to four weeks.
- 4.15 The Merchant is not responsible for delays due to strikes or inconvenience from the Merchant if the product does not arrive within our estimated time frame.
5. Defective goods
- 5.1. It is every Buyer's duty to fully inspect Goods and please refer to clause 4.12.
- 5.2. Where a Buyer is aware that packaging is damaged then they must notify the Merchant in accordance with clause 4.12 above.
- 5.3. Where a Buyer is aware of damage or defect after packaging has been opened, or the Goods are defective, then the Buyer must contact us within 7 days of the date of collection by the Buyer. If the Buyer fails to do so then the Buyer shall be deemed to have accepted the Goods.
- 5.4. Where the Goods are defective or were damaged while risk and responsibility for the Goods was the Merchant's and the Buyer wishes to make a claim of defect or damage, then:
- 5.4.1 The Buyer must retain the original packaging. We ask that this be retained in good condition. Without the original packaging the Merchant may be unable to deal with the Buyer's complaint.
- 5.4.2 The Buyer must supply the requested information and images in order for the Merchant to be able to deal with the Buyer’s complaint. The Buyer will obtain full instructions upon contacting us.
- 5.4.3. Where any fault lies with the Merchant, in view of the Goods sold, a claim will normally be dealt with as soon as the Supplier is able. A claim will be compensated for at the Merchant's discretion. We reserve the right to offer a compensation. Compensation is normally paid within 28 days of the date of the Supplier's confirmation.
6. Order Amends
- 5.1. All VOGA furniture is made to order, it is not held in stock, and may not be cancelled by you either before or after production. VOGA furniture is made to your exact specifications and therefore cannot be cancelled once we have accepted your order. These orders fall outside the Distance Selling Regulations (2000) which states that personalised goods or goods made to a consumer’s specification are exempt.
- 5.2. Amends to an existing order are not possible as we begin production of your custom made item straight away so a new order would need to be placed.
7. Faulty goods guarantee
- 7.1. In addition to any applicable Consumer and/or statutory rights, the Merchant offers a manufacturer's guarantee. The manufacturer guarantee is that the materials and workmanship of the Goods will be free from defects for a period of 10 years from the date that the Goods were collected by the Buyer or the third party carrier. The product guarantee does not cover normal wear and tear. The 10 year guarantee is only applicable to orders placed on or after 1st March 2016, any orders placed prior to this will have a 1 year guarantee.
- 7.2. However this entire Clause 7.1 not apply if a fault arises due to:
- 7.2.1. abnormal use or working conditions, failure to follow instructions, misuse, alteration or unauthorised repair, wilful damage, improper maintenance or negligence on the part of the Buyer or a third party; or
- 7.2.2. Any subsequent mechanical, chemical, electrolytic or other damage after risk has passed to the Buyer, which is not due to a defect in the Goods.
- 7.3. Where Goods are faulty the Buyer must contact us within 7 days of the discovery of the fault or within 7 days of the collection of the Goods where the Goods were faulty on collection.
- 7.4 The Buyer must supply the requested information and images in order for the Merchant to be able to deal with the Buyer’s complaint. The Buyer will obtain full instructions upon notifying the Supplier of a fault.
- 7.5 A claim will be compensated for at the Merchant's discretion. We reserve the right to offer a compensation. Compensation is normally paid within 28 days of the date of the Merchant's confirmation.
8. Responsibility and use of goods/products
- 8.1. The Buyer agrees to be solely responsible for the use of any Goods supplied and that they will use the Goods legally and only for the purposes that such Goods are intended to be used for and at all times in accordance with any applicable manufacturer's instructions, advice, suggestion, guidance and information. This includes ensuring that the Buyer reads all the information and guidance supplied by the manufacturer, takes any required precautions and/or tests before use and fully understands what the Goods contain.
- 8.2. Furthermore the Buyer agrees that they will not misuse any Goods supplied and will abide by any laws applicable to any Goods supplied.
- 8.3. With all products, it is the Buyer's responsibility to ensure that the Goods are suitable for the Buyer's own use.
- 8.4. The Buyer specifically accepts that the effectiveness of any products will also be dependent on correct and effective use, storage, inspection and periodic routine maintenance.
- 8.5. The Buyer specifically agrees that the Merchant has no liability and furthermore that the Buyer will indemnify the Merchant for any losses or expenses incurred whatsoever resulting from any breach of this clause 8.
- 8.6 Where the Buyer has supplied any specifications and/or measurements, then their accuracy remains the sole responsibility of the Buyer and the Buyer shall be solely responsible for any costs and/or expenses incurred because of any inaccuracy or problems arising as a result of any specifications and/or measurements provided.
9. Limitation of liability
- 9.1. Nothing in these Terms and Conditions shall exclude or limit the liability of the Merchant for death or personal injury resulting from the negligence of the Merchant or its employees or agents or for any liability which cannot be limited or excluded by law.
- 9.2. The Merchant shall never be liable for any indirect, incidental or consequential loss or damage whatsoever.
- 9.3. Other than those implied by law where the Buyer is dealing as a Consumer, in the event of the Merchant breaching any of these Terms and Conditions the Buyer's remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Goods.
10. Conformity of goods
- 10.1. Reasonable variations in the colour or in the dimensions are not considered as a defect. We cannot accept any responsibility of any variation in colour caused by your browser software or computer system.
- 10.2. We use high quality materials. Some of them have natural character, which may not be considered as a defect. This includes variations in shade, texture, colour or grain.
- 11.1 Nothing in these Terms and Conditions and no express or implied waiver by the Merchant in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12. Force Majeure
- 12.1 The Merchant shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including.
- 13.1 “Buyer” means the person and/or organisation that place an order on the website.
- 13.2 “Consumer” shall have the same meaning as described in section 12 of the Unfair Contract Terms Act 1977;
- 13.3 “Consumer buyer” is a buyer who is a Consumer.
- 13.4 “Merchant” means DR Corp Ltd, 178 Gloucester Road, Wanchai, Hong Kong
- 13.5 “Goods” or “Products” means the items that the Buyer agrees to buy from the merchant.
- 13.6 All goods on the website are Made to order goods, which means items which are bespoke or custom made, which have been manufactured in accordance with the Buyer’s choice.
- 13.7 “Contract” means the contract between the Merchant and the Buyer for the sale and purchase of Goods incorporating these Terms and conditions;
- 13.8 “Website” means www.voga.com
- 13.9 “Terms and conditions” mean these terms and conditions, but will also include any special terms and conditions agreed in writing by the website acting on the behalf of the merchant.
- 13.10 “Working days” mean any Monday to Friday from 8.30 am to 5 pm GMT excluding all Public and bank holidays in the HK.
- 13.11 The Governing Law of the terms and conditions is HK law.