“The Seller” means Great British Interiors.
“The Buyer” means the person, partnership, firm or company which places the order with the seller.
“The goods” means the article, things or items described in the order.
“The Order” means the order placed by the buyer for the supply of the goods.
I. TERMS OF SALE
Last updated: 3 June 2018
These terms of sale (“Terms of Sale”) set out the terms and conditions on which we supply any of the products (“Product” or “Products”) listed on our website www.greatbritishinteriors.co.uk (“our site”) to you.
Please read these Terms of Sale carefully before ordering any products from our site. These Terms of Sale tell you who we are, how we will provide products to you, how you and we may end the contract, what to do if there is a problem and other important information. If you do not agree to these Terms of Sale you must not order any product through our site.
GENERAL TERMS OF SALE
1. INFORMATION ABOUT US
1.1 www.greatbritishinteriors.co.uk is a website operated by Great British Interiors Limited (“we”, “our”, “us”). We are registered in the U.K. under company number 09987754. Our registered office is at 42, Bridge Street, Morpeth, NE61 1NL. Our VAT number is 272569083.
2. ORDERING PRODUCTS
2.1 You can place orders for Products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.
2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
2.3 All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.
2.4 Unfortunately we can’t stop an order once it has been dispatched by us. If you change your mind about your order after this point you can reject delivery or return the products to us in accordance with the returns policy below at clause 9.
2.5 Before ordering from us, it is your responsibility to check and determine your full ability to receive the products ordered. This includes ensuring that the products ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
2.6 You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
3.1 All orders for products are subject to the availability of those products and the materials for making the products. We will inform you as soon as possible after receiving your order if, for any reason, the products you have ordered are not available or are subject to any delay.
3.2 If we are unable to supply you with a product, for example, because the manufacturer is out of stock or because of an error in the price (see clauses 5.4 and 5.5 below) we will inform you of this by email and we will not process your order. If you have already paid for the product we will refund you the full amount as soon as possible.
4. IMAGES AND SIZING OF PRODUCTS
4.1 The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the products. The products that are delivered to you may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.
5. PRICES OF PRODUCTS
5.1 The price of any product will be as quoted on our site, except in cases of obvious error.
5.2 The price of any product may change from time to time, but changes will not affect any order we have accepted.
5.3 The price of a product includes VAT (where it applies) but excludes any delivery costs, which where applicable will be added to the price of the products and set out as part of the total amount due during the order process. To see the relevant delivery charges for a product, please refer to our Delivery page.
5.4 Due to the large number of products on our site, it is always possible that some of the products listed on our site may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-handling procedure so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If the Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of the rejection.
5.5 We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an order acceptance.
6. HOW TO PAY
6.1 We accept payment with the payment methods listed on our site. You must pay for the products and any applicable delivery charges in advance of delivery of the products.
6.2 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
7.1 We offer a delivery service in accordance with the timescales shown against each product on our site. Please note that delivery timescales are estimates. You can find out more about our product delivery by reading the information on the Delivery page of our site.
7.2 Please note that we only deliver to addresses in the United Kingdom and Ireland.
7.3 Your estimated dispatch date will be as set out in a dispatch confirmation sent by email. This dispatch date indicates when we expect to send the products to our delivery partner. Please refer to the Delivery page of our site to find out more about our dispatch and delivery process and how long after dispatch you should expect the products to be delivered. Although we will make every reasonable effort to ensure your products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting the manufacturer of the product or our delivery partners. If we are unable to meet the estimated dispatch or delivery date, we will contact you with a revised estimated date.
7.4 Your delivery will be completed when we deliver the products to the address you gave us.
7.5 You can review the current status of your order at any time by logging into the My Orders section of your account on our site. If you have trouble finding out the status of your order or tracking its progress, please contact Customer Services using the contact information below at clause 23.
8. RISK AND OWNERSHIP
8.1 Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8.2 The Products will be your responsibility from the time that you (or a third party other than the carrier and indicated by you) take physical possession of the products.
9. CANCELLATION, RETURNS AND REFUND POLICY
9.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your products, you can return them to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
The Buyer must inspect the condition of the goods immediately upon receipt and report in writing via email, within 72 hours from such inspection, If the buyer fails to give such notice the condition of the said goods shall be deemed to be in all respects in accordance with the contract and the buyer shall be bound to accept and pay for the same accordingly.
Please ensure the persons unwrapping the items are very careful to keep the packaging intact. This is essential in preventing the items being damaged on return. Under no circumstances can we accept returns that do not have their original packaging.
The Seller is unable to accept returns for items that have not been delivered by Great British Interiors. The Seller will not be held responsible for any damages incurred via a third party carrier/couriers including own transport. All goods must be checked within 72 hours before transporting on to end user. The Seller will not accept items returned for credit (except for manufacturing faults) when the buyer has used a third party carrier to collect or deliver goods, including own transport. It is recommended that the Buyer ensures any transport companies, collecting or delivering on the Buyer’s behalf, have the necessary insurance in place.
Goods are not accepted by the Seller for return from the Buyer without the prior consent of the seller.
All delivery notes must be signed and name printed by the Buyer and the driver delivering the order. In the event that the quantity of goods delivered falls short or exceeds the quantity specified on the delivery note, the actual quantity unloaded shall be recorded on the delivery note and countersigned by the Buyer and the driver delivering the goods, who shall also record the quantity delivered on both copies.
All damages must be reported to Great British Interiors via email to ___________ with 3 days of receipt of the item. We do ask you to assist us into looking into any issues regarding damages that you provide photos of damage if needed. All items that are returned must be done so in the original packaging. Damages not reported within 3 days will lose your right to a refund. Once you accept the delivery this is your responsibility to read our contract terms and follow any procedures for damages and unwanted goods.
The Seller requests that the goods must be returned in the original packaging.
All returned goods are subjected to a full Quality Control inspection before any decision regarding refund is made. Great British Interiors has the final say on whether an item is defective or not. The value of the refund issued to the Buyer is at the Sellers discretion and each case will be considered on its own merit. When the decision to refund has been made a refund will be issued via the same means the products were purchased with.
Returns of any unwanted items have to be reported within 7 days and returned in a timeframe agreed by the company, no return will be accepted after a 28 day period. You will be personally responsible for the cost of the shipping. All returns must be unused and in the original packaging with relevant tags in place, if they have been used and tags removed the refund will not be processed and the goods will be refused on inspection.
It will be the company’s sole discretion to apply a Restocking Fee for unwanted or returned goods prior and post delivery of your order. The Restocking Fee will be set at 20% of the product total, this excludes a Bespoke made to order item as the 50% restocking fee prior to delivery will apply in the first instance.
Use a postage service that allows you to track your order and insures you in case of loss or damage. The courier service you use to return unwanted Items MUST allow us to inspect the goods before accepting them into our premises, if they refuse to allow us to check we have no option to refuse the parcel.
When receiving any damaged items you must report it to ourselves within 3 days of receipt and we will arrange a collection for the damaged items. Great British Interiors will refund postage on faulty items. The customer is responsible for the postage on non-faulty or unwanted items.
If using our Bespoke service and the item is cancelled during production then a 50% Restocking Fee will apply. (A Bespoke order is an item that was personalised or custom made for you).
Unwanted returns cannot be accepted on Bespoke or made to order products post delivery.
17. RESOLVING DISPUTES
17.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. You can also write to us at: Complaints Department, 42, Bridge Street, Morpeth, NE61 1NL
23. CONTACTING YOU
23.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
24. CONTACT US
24.1 If you have any queries about these Terms of Sale, please send us an email at email@example.com or contact us on the phone: 01670 516 866 (Mon – Fri: 9 am – 6 pm). We’ll be here to help.
Last updated: 6 June 2018
1. INFORMATION ABOUT US
1.1 www.greatbritishinteriors.com is a website operated by Great British Interiors Limited (we, our, us). We are registered in England under company number . Our registered office is at 42, Brdieg Street, Morpeth, NE61 1NL United Kingdom. Our VAT number is .
2. PURCHASE OF PRODUCTS FROM Great British Interiors
2.1 The purchase of any products through our site is governed by our Terms of Sale.
3. YOUR PERSONAL INFORMATION
4. YOUR ACCOUNT AND PASSWORD
4.1 If you set up an account on our site, you must treat your login details as confidential. You must not disclose them to any third party.
4.3 If you know or suspect that anyone other than you knows your login details, you must promptly notify us at firstname.lastname@example.org
5.1 As part of our site, we offer a feature called Unboxed which allows you to create a profile, connect with other users of our site and share opinions and experiences and content around any products you have purchased from us or any our products you like or are interested in buying.
5.3 When you make a purchase on our site, we will display our catalogue image of the purchase on a searchable map as a way of showing the approximate location of the delivery address you give when making a purchase. We do not disclose any personally identifiable information on our map and only display our catalogue image of the purchase you made by reference to the postcode of the delivery address.
5.4 If you have created a profile on Unboxed and have opted to be contacted by our users through our searchable map or Unboxed, our users will be able to message you to ask you questions or obtain your feedback about your purchases.
5.5 If you have not created a profile on Unboxed, our users may contact us wishing to speak to you about your purchases as a result of using our searchable maps as described in clause 5.3 above and we will contact you to ask if you are willing to speak to another user. If you are, you will be prompted to create a profile on Unboxed and the user will be able to message you. You may also opt out of receiving our communications concerning contact from other users and Unboxed at any time.
6. USER CONTENT
6.1 You confirm that images, sounds, text or information that you share or create (“User Content”) whilst using Unboxed, sending us feedback or comments on the Products or the site, or posting on social networks regarding the Products will meet the Rules of Acceptable Use (as below).
6.2 You give us unlimited permission to use your User Content and allow others to do the same for no fee. In legal terms this means that you grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence and sub-licence the User Content anywhere and in any form for the purposes of operating our site and business.
6.4 We do not generally check or moderate any User Content, including before it is added to Unboxed. We may later check, moderate, reject, refuse or delete any User Content if we believe that it breaks any of the Rules of Acceptable Use.
7. RULES OF ACCEPTABLE USE
7.4 The responses described above are not limited and we may take any other action we reasonably deem appropriate.
8. NOTICE AND TAKE DOWN POLICY
8.1 If you believe that content available through the site:
(a) infringes your rights or any rights of a third party you represent; or
(b) otherwise breaches the Rules of Acceptable Use,
please tell us immediately by using the reporting tool that appears next to each comment within the site.
8.2 When reporting content please provide the information described below in your notice to us: (a) your name and contact details; and (b) a statement explaining whether you believe that the content you are contacting us about: (i) infringes your rights; (ii) the rights of a third party who you represent; or (iii) you otherwise believe the content breaches the Rules of Acceptable Use.
8.3 We will take the action that we believe is appropriate depending on the nature of the content you report. This may include taking no action where we believe the reported content does not infringe any rights or the Rules of Acceptable Use. We are not obliged to discuss or inform you about our chosen course of action following a report from you.
9. LIMITED LICENCE
9.1 We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We grant you permission to access our site for your personal use only. Any other use of our site or our site’s content is prohibited. This prohibition includes, but is not limited to:
(a) making commercial use of our site’s content;
(b) reproduction of the Made and One by Made name, logo, trade marks or any other content available on our site; and
(c) downloading or copying any of our site content for yourself or for a third-party.
9.2 If you wish to make any use of material on our site other than that set out above, please contact: email@example.com.
10. DISCLAIMER AND LIABILITY
10.1 Access to our site is permitted on a temporary basis and we may limit or terminate access to our site at any time without any notice. We will not be liable if our site is unavailable at any time or for any period.
10.2 We have taken care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.
10.3 Whilst we make reasonable efforts to ensure that any information presented on our site is correct, the information on our site is presented without any guarantees, conditions or warranties or any kind and the site is made available to you on an “AS IS” basis. We are not responsible for anything that occurs from your reliance on the content of our site.
10.4 In any event, we will never take any responsibility for User Content and you use and rely on any User Content entirely at your own risk.
10.5 We exclude all warranties and conditions implied by statute, common law or the law of equity, to the extent permitted by applicable law.
10.6 Because our site is provided free of charge, we will not, in any way, be liable for any loss or damage (whether direct or indirect) in tort (including negligence), breach of contract, breach of statutory or otherwise (even if foreseeable) in connection with any use you make of our site or the information presented on it.
11. LINKS AND LINKING
11.1 Links to third party websites from our site are provided solely for your convenience. If you use these links you leave our site. We do not control, and are not responsible for, these websites, their content or their availability. We, in no way endorse, or make representations about them, or any material found on them. Accessing third party websites from our site is done entirely at your own risk.
11.2 You may link to our home page (www.made.com), provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You agree to remove any link to our site on a website owned or controlled by you on receipt of a request from us.
14. JURISDICTION AND APPLICABLE LAW
15.1 If you would like to provide feedback on our site, please contact us at firstname.lastname@example.org.
III. TERMS OF INSTALLATION SERVICE
These terms of service (“Terms of Service”) set out the terms and conditions on which our professional independent installation service partners (“Installation Partners”) will deliver, assemble and install your freestanding bedroom furniture products (“Assembled Product(s)”) listed on our website www.made.com (“our site”) to you (collectively referred to as the “Installation Services”).
Please read these Terms of Service carefully before ordering any Assembled Products from our site. These Terms of Service tell you how our Installation Partners will deliver Assembled Products to you, how these will be assembled at your chosen location, how you, we or our Installation Partners may cancel an order, what to do if there is a problem with your Assembled Products or the Installation Services and other important information. If you do not agree to these Terms of Service you must not order any Assembled Product through our site.
1. PURCHASE OF ASSEMBLED PRODUCTS FROM MADE.COM
1.1 The purchase of any Assembled Products through our site is governed by our Terms of Sale.
2. These Terms of Installation Service shall supersede the Terms of Sale, in relation to the sale of Assembled Products, should there be any conflict between such terms.
3. ORDERING InSTALLATION SERVICES
3.1 The cost of the Installation Services is included in the Assembled Product retail price specified on our site.
3.2 You can place orders for Assembled Products and accompanying Installation Services with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Assembled Products if we accept your order.
Before ordering from us, it is your responsibility to check and determine:
a)that the information and specification it contains is accurate and meets your requirements; and
b)your full ability to receive the Assembled Products and Installation Services ordered.
This includes ensuring that the packaged Assembled Products ordered will pass and be assembled freely into your room of choice, they fit in that room, can be transported through the door of your house, flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
3.4 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order and the specifications provided at each stage of the order process.
3.5 All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order.
3.6 Unfortunately, we can’t stop an order once it has been sent to our manufacturers or Installation Partners. If you change your mind about your order you can cancel the order within 10 calendar days of receipt of our order confirmation email without charge and in accordance with the cancellation policy for Assembled Products and Installation Services set out in clause 8 of these Terms of Service.
3.7 You must keep the contact details we hold for you up-to-date so that we and our Installation Partners can contact you about your order, the delivery and/or the Installation Services.
4. AVAILABILITY OF INSTALLATION SERVICES
4.1 All orders for Assembled Products are subject to the availability of those Assembled Products, the materials for making the Assembled Products and the availability of the Installation Partners to provide the Installation Services. We will inform you as soon as possible after receiving your order if, for any reason, the Assembled Products and/or the Installation Services you have ordered are not available or are subject to any delay.
4.2 If we are unable to supply you with an Assembled Product and/or the Installation Services, for example, because the manufacturer is out of stock, because of an error in the price or because of an issue with the Installation Providers we will inform you of this by email and we will not process your order. If you have already paid for the Assembled Product and Installation Services we will refund you the full amount as soon as possible.
5. PREPARATION FOR INSTALLATION SERVICES
5.1 Assembled Products are free-standing product which requires no less than 8cm for ceiling clearance and 4cm for wall clearance.
5.2 We will send you a document ‘Preparing for Home Assembly’ which sets out your responsibility to ensure:
a) there is adequate room for our Installation Partners to provide the Installation Services at your chosen location.
b) all relevant areas at your chosen location are clear of any furniture and flooring is levelled.
c) there is sufficient room to carry the largest components of the unassembled product through your chosen delivery location to the area in which the Assembled Product is to be installed;
d) all pictures and mirrors from the walls and furniture are removed an as necessary in advance of delivery and installation so as to avoid any unnecessary obstruction.
e) parking is made available at your chosen delivery location, on the same street or adjacent street. If parking permits are needed, you must make a permit available for the Installation Partners delivery vehicle at your own cost for no less than 2 hours (or for such additional time as may be reasonably requested by the Installation Partner at the time of delivery and installation of the Assembled Product).
5.3 There will be some disruption whilst our Installation Partners are providing the Installation Services, however they will keep your room as tidy as possible.
6. DELIVERY OF ASSEMBLED PRODUCTS AND INSTALLATION SERVICES
6.1 Our Installation Partners will deliver, install and remove the packaging of the Assembled Products at your chosen delivery location within 8 to 10 calendar weeks from our email order confirmation (or as may otherwise be agreed between you and our Installation Partners).
6.2 Delivery on weekends and Bank Holidays are excluded from this service.
6.3 We will provide your details to our Installation Partners who will contact you to agree a mutually convenient date and time to visit your chosen delivery location, to provide the Installation Services.
6.4 To ensure successful delivery, our Installation Partners will contact you by telephone to re-confirm the date and time of delivery:
a) 24 hours before the agreed delivery time; and
b) 1 hour before the agreed delivery time.
6.5 In the event that you or someone appointed by you to accept the delivery are not at your chosen delivery location at the agreed date and time, our Installation Partners will wait for an additional 15 minutes before returning to the warehouse and re-delivery may incur additional costs.
6.6 Please note that our Installation Partners will deliver to addresses in the United Kingdom only.
6.7 Our Installation Partner shall install the Assembled Product in the position and location of your choice. Once installed, do not attempt to move the Assembled Product to any other position or location. Once assembled the Assembled Product needs to be disassembled to be repositioned.
6.8 Once the Assembled Products have been assembled and/or installed our Installation Partners will take photographs for quality purposes and you will be asked to sign a form confirming that the Assembled Products have been installed as agreed in the order and to your reasonable satisfaction. This information will be retained by our Installation Partners and us and shall be relied on in the event of any claim or dispute in relation to the Assembled Product or Installation Services.
7. If any damage or missing parts of the Assembled Products are discovered by our Installation Partners on delivery to you, our Installation Partners shall deliver and install replacement parts for the Assembled Products within 4 calendar weeks (or such other date as shall be agreed between the Installation Partner and you), and: the Installation Partner will contact you to agree a mutually convenient delivery date for the Installation Services; all costs associated with the delivery and installation of these replacement parts to the Assembled Products shall be borne by the Installation Partner.
7.1 Our Installation Partners will arrange delivery with you directly and so we will not provide you with dispatch or tracking services for Assembled Products purchase from our site.
8. CANCELLATION AND REFUND POLICY FOR ASSEMBLED PRODUCTS AND INSTALLATION SERVICES
8.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your Assembled Products, you have the right to cancel either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
Right to cancel
8.2 You have a legal right to change your mind and cancel the contract between you and us within 10 calendar days of confirmation of the order for the Assembled Products from us.
8.3 To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. a letter sent by post or email or a telephone call). The easiest way to do this is to contact our Customer Services team on: email@example.com or contact us on the phone: 03442 571 888 (Mon – Fri: 9 am – 6 pm). You may use the following model cancellation form but you are not required to do so:
Model Cancelation Form
To: Made.com Design Limited, 5 Singer Street, London, EC2A 4BQ
E-mail address: firstname.lastname@example.org
I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*)/for the provision of the following service(*)
Ordered on(*) / received on(*)
Name of consumer(s),
Address of consumer(s),
Signature of consumer (only if this form is notified on paper)
(*) Please delete if not applicable
8.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
Effects of cancellation
8.5 If you cancel your contract with us, within the 10-day cancellation period, we will reimburse all payments received from you, including the cost of delivery which is included in the retail price.
8.6 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
8.7 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Faulty or mis-described goods or services
8.8 In the event that you discover damage or missing parts after the assembling and installation of the Assembled Products at your chosen delivery location, please contact our customer care team. We will work with you and our Installation Partners to:
a) Review the photographs and form of satisfaction obtained at the time of providing the Installation Services and installing the Assembled Products;
b) Agree an acceptable time for our Installation Partners to visit your chosen delivery location and inspect the Assembled Products.
8.9 If upon inspection of the Assembled Products it is established at the Installation Partner’s sole and reasonable discretion that:
a) that there are missing parts or that the Assembled Products are faulty, the Installation Partner will replace the missing or damaged parts of the Assembled Products at no additional charge to you; or
b) damage to the Assembled Products has been caused by you, the claim will be reviewed on a case by case basis.
9. YOUR INFORMATION
9.1 We will share your contact information with the Installation Partners for the provision of the Installation Services.
10. LIABILITY TO YOU
10.1 We are under a legal duty to supply Assembled Products that are in conformity with our contract with you in accordance with the Terms of Sale.
10.2 All Assembled Products are covered by a 2-year guarantee for manufacturing faults only.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that: (a) we will take reasonable steps to prevent or minimise the failure or delay; (b) in the event of failure to perform, we will refund you all amounts paid under the affected contract; and (c) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.
12. RESOLVING DISPUTES
12.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at email@example.com and attempt to resolve the dispute with us informally. You can also write to us at: Complaints Department, 5 Singer Street, London, EC2A 4BQ.
12.2 In the unlikely event that we are not able to resolve the dispute informally, between you and the Installation Partner please note that the EU operates an online dispute resolution platform for EU consumers to submit disputes arising from online purchases, which can be accessed at http://ec.europa.eu/odr. You will also always have the option of resolving the dispute using court action.
13. EACH OF THESE TERMS OPERATES INDEPENDENTLY
13.1 Each of the provisions of these Terms of Service operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14. UPDATING THESE TERMS OF SERVICE
14.1 We may modify or update these Terms of Service from time to time for reasons including without limitation: (a) changes in how our, professional partners and/or our Installation Partners business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. However, any order of Assembled Products and Installation Services by you will be governed by the terms and conditions available on our site at the time you place the order.
15. TRANSFER OF OUR RIGHTS
15.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you in writing if this happens, but this will not affect your rights or our obligations under the contract. We will use reasonable endeavours to tell you in writing in this happens.
16. LAW AND JURISDICTION
16.1 These Terms of Service are governed by English law. This means that a contract for the purchase of Assembled Products and the provision of Installation Services made through our site and any dispute or claim arising out of or in connection with it will be governed by English law.
16.2 You can bring legal proceedings in respect of this contract in the English courts. However, if you are a resident of Scotland, you may also bring proceedings in Scotland and if you are a resident in Northern Ireland, you may also bring proceedings in Northern Ireland.
17. CONTACTING YOU
17.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
If you have any queries about these Terms of Service, please send us an email at firstname.lastname@example.org or contact us on the phone: 03442 571 888 (Mon – Fri: 9 am – 6 pm). We’ll be here to help.
5.4. All requests for refunds and cancellations should be made by making a clear statement to us by email at _______________.
5.5. All refunds in this Clause 5 will be made within 14 days of receiving your refund/cancellation request.
5.6. We will make all refunds using the same means of payment as you used for the initial Pledge, unless expressly agreed otherwise.
WEBSITE TERMS AND CONDITIONS OF SUPPLY
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.turnbullandthomas.co.uk (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. They do not affect your statutory rights. You should understand that your continued use of this Website constitutes your agreement to be bound by these
terms and conditions which shall also govern all transactions on our site to the exclusion of any other terms and conditions.
You should print a copy of these terms and conditions for future reference.
You must click on the button when prompted to accept these terms and conditions otherwise, you will not be able to order any Products from our site.
1. Information About Us
www.turnbullandthomas.co.uk is a site operated by Turnbull and Thomas Limited (“we”). We are registered in England and Wales under company number 9515747 and with our registered office at Studio 24/25 The Old Offices Urlay Nook Road Eaglescliffe TS16 0LA. Our VAT number is 210820754.
2. Service Availability
Our site is only intended for use by people resident in the United Kingdom. We do not ordinarily accept orders from individual resident outside the United Kingdom.
3. Your Status
By placing an order through our site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts;
3.1.2 You are at least 18 years old;
3.1.3 You are resident in the United Kingdom or the EU.
3.1.4 All information that you have provided to us, including, without limitation, your name, payment details, delivery address, e-mail address and telephone number are genuine and accurate.
4. How the Contract is Formed between You and Us
4.1 After placing an order, you will receive a confirmation e-mail (“Order Confirmation”) from us acknowledging that we have received your order and have begun processing your payment in accordance with the payment terms set out in clause
4.2 Acceptance of your order and the creation of a legally binding contract between us will only occur when we send you the confirmation (“Order Confirmation”) e-mail.
4.3 The Contract will relate only to those Products we have referred to in the Order Confirmation.
5. Cancellation by Us
5.1 We reserve the right not to accept any order requested if:
5.1.1 We have insufficient stock to deliver the Products you have ordered;
5.1.2 We do not deliver to your area;
5.1.3 One or more of the Products ordered was incorrectly described or priced on the
5.1.4 The payment transaction is not authorised; or
5.1.5 You have not complied with the terms of paragraph 3 of these Terms and Conditions.
5.2 If we do cancel your contract we will notify you by e-mail and will refund to you any sum paid by you to us in respect of the contract as soon as possible, and in any event within 30 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
6. Your Statutory Right to Cancel
6.1 If you are contracting as a consumer, you may cancel the Contract no later than 14 working days after the date upon which you order the Products. In this case, you will receive a refund in accordance with the terms set out below.
6.2 To cancel a Contract, you just need to let us know that you have decided to cancel. You can email us at email@example.com or contact our Customer Services team by telephone on 01642 309 640 or by post to: Studio
24/25 The Old Offices Urlay Nook Road Eaglescliffe TS16 0LA. If you are emailing us or writing to us please include details of your order to help us identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.
6.3 If you cancel your Contract we will:
6.3.1 Refund you the price you paid for the Products, less the restocking fee (section 7.11 returns policy). However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would
not be permitted in a shop.
6.3.2 Refund any delivery costs you have paid for your own delivery prior to dispatch of our products.
6.3.3 Make any refunds due to you as soon as possible.
6.4 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Products we may refund you in vouchers.
6.5 If Products have been delivered to you before you decide to cancel your Contract:
6.5.1 Then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send them back, return them to us in store or hand them to our authorised carrier. If we have offered to collect the Products from you, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection.
6.5.2 Unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us. If the Products are ones which cannot be returned by post, we estimate that if you use the carrier which delivered the Products to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Products from you, we will charge you the direct cost to us of collection.
6.6 Advice about your legal right to cancel the Contract is available from your local Citizens Advice Bureau or Trading Standards office.
6.7 A Bespoke order is an item that was personalised or custom made for you which will affect your statutory right to cancel and will incur a restocking fee if cancelled whilst in production, this will be a minimum of 50%.
7. Our Returns Policy
7.1 Regrettably, once Products have been delivered to you and any statutory cooling off period has expired, no Products will be accepted for return other than (i) in our absolute discretion or (ii) where such Products are damaged or
defective, but still must be reported within our contracted 3 days. Unwanted products must be reported within 7 days, must be undamaged and and in the original packaging and returned within 28 days to the company address to obtain a refund.
7.2 Every effort will be made to ensure that the Products that you have ordered arrive undamaged and without defect.
7.3 If the Products are found to be either damaged or defective in any way at the time of delivery, you must contact us immediately, If such damage or defect is discovered after delivery, you must contact us within three days of delivery of
the Product or, in the event of a latent defect, within three days of the date upon which you discovered the defect.
7.4 Upon receipt of notification of alleged damage or defect from you, we will arrange to inspect the Product concerned. You must not make any use of it, not make any alteration to it nor return it or arrange for its return before we have been provided with the opportunity to inspect and investigate.
7.5 If upon inspection we agree that the item is damaged or defective and we are unable to repair the item to manufacturing standards, we will arrange for collection of the item and we will then contact you to arrange delivery of a replacement item
to you as soon as replacement stock is available and/or offer you a full refund (including delivery charges). We are only able to hold such replacement stock for a reasonable period and reserve the right to levy a restocking charge in circumstances where you are unable or unwilling to accept such delivery within a reasonable time.
7.6 If as a result of an inspection, we determine that we have no legal liability in respect of the matters complained of, then we reserve the right to levy our standard call out charge and to reject any claim in respect of alleged damaged or defective Products.
7.7 Once unwrapped, beds/divans with mattresses and mattresses are excluded from our returns policy for health and hygiene reasons. Regrettably self-assembly and flat pack furniture cannot be accepted for return once assembly is partly or fully completed unless the Product is proved to be defective.
7.8 Please note the following Product information which forms part of our Returns Policy:
7.8.1 Surface fillings of mattresses may flatten. This is called dipping or settlement and is normal with use.
7.8.2 Furniture manufactured from natural materials (e.g. leather, wood and marble) will all have an individual appearance and may have a slight variance in colour and texture. A perfect match to the furniture on display on the Website cannot
be guaranteed and a reasonable tolerance level will be applied. This adds to the individuality and character of each item manufactured.
7.8.3 Leather furniture will display natural characteristics such as scarring and variations in grain. In the cases of semi-aniline and aniline leathers, there will also be colour variations.
7.8.4 Solid wood furniture will display a variation in grain, knots and there may also be colour variation.
7.8.5 Marble furniture will display veining and there may also be colour variation.
7.8.6 We operate a continuous policy of Product improvement and we therefore reserve the right to vary the specification of any Product from that displayed on the Website, provided that the overall quality of the Product shall remain
7.9 Returns cannot be accepted on a Bespoke order (A Bespoke order is an item that was Personalised or custom made for you).
7.10 Unwanted Products are your responsibility to return to our warehouse at your cost, its very important you use a courier who will allow us to check the parcel contents for damage before we sign for the delivery, if they do not allow us to check the parcel we will have no option but to refuse this into the warehouse. The Courier company will have no option to return this parcel back to you. We must check that unwanted items have not been damaged on route to our warehouse before we can offer a full refund, to allow us to do this the courier must be present in our warehouse for 5 minutes for the visual check to be carried out.
7.11 It will be the company’s sole discretion to apply a restocking fee for unwanted or returned goods prior and post delivery of your order. The restocking fee will be set at 20% of the product total, this excludes a Bespoke made to order item as the 50% restocking fee prior to delivery will apply in the first instance.
8. Availability and Delivery
8.1 We aim to deliver your Products within the time quoted on our Order Confirmation. If circumstances change we will contact you and in any event when the Product is available for delivery we will contact you to book a delivery Date (“Delivery
Advice”). If however, delivery is delayed due to circumstances beyond our control, then we cannot accept any liability for consequential loss.
8.2 Any customers who purchase furniture for delivery to an address outside of our normal delivery zones will be contacted for further advice on their expected delivery time and additional delivery charges.
8.3 We regret that we cannot schedule deliveries for a specific time of day nor will we under any circumstances assemble any Products that are supplied on a self-assembly basis.
8.4 Special arrangements with assembly, movement or fitting of Products will be subject to a special charge. Details of this service will be provided upon request at the point of order.
8.5 It is your responsibility to ensure clear and sufficient access for Products delivered to the required location in your dwelling.
8.6 As part of the checkout process you will be requested to confirm that you have checked access thoroughly.
8.7 In the event of us not being able to gain access to the required location, we reserve the right to levy a charge in respect of such abortive delivery and the costs of any subsequent re-delivery of the Product. Where the Product is a special order item and access is not possible then we reserve the right to levy a charge in respect of the costs of restocking the item.
8.8 All Product information is given on the item page, please ensure you personally refer to the sizes as you are responsible for measuring prior to order as no refund will be given or return accepted by our team if the item does not fit. Access to your property and room of choice is your sole responsibility and our delivery team are not insured to make adjustments to any structure or remove personal belongings.
8.9 Due to our vast amount of orders, in some cases the IN-STOCK may show false information until updated. Please check with our sales team prior to ordering if the product is available immediately as the leadtime then will be dependant on our resupply and may fall into the 4-8 weeks bracket. We apologise in advance if this happens.
9 Risk and Title
9.1 The Products will be at your risk from the time of delivery.
9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
10. Price and Payment
10.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
10.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
10.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
10.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.
10.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you
as a mis-pricing.
10.6 Delivery charges are calculated as part of the checkout process, based on the proximity of your delivery address to our nearest distribution centre.
10.7 Payment is accepted by credit or debit card. If you wish to pay by other methods (e.g. cash or cheque), then please contact us for further information by phone on 01642 309 640 or email firstname.lastname@example.org.
10.8 If you have chosen to pay by card, we will process the payment for your Order by way of the credit or debit card details you have provided as part of the online checkout process.
10.9 We will advise you if your payment details cannot be authorised for any reason and we may then invite you to pay by another method.
10.10 Please be aware that where you pay by any other payment method (e.g. cash or cheque) then cleared funds will be required before we issue our Order Confirmation or Delivery Advice, as the case may be.
11. Our Liability to You
11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses
are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
11.3 This does not include or limit in any way our liability:
11.3.1 For death or personal injury caused by our negligence;
11.3.2 Under section 2(3) of the Consumer Protection Act 1987;
11.3.3 For fraud or fraudulent misrepresentation; or
11.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
11.4.1 Loss of income or revenue
11.4.2 Loss of business
11.4.3 Loss of profits or contracts
11.4.4 Loss of anticipated savings
11.4.5 Loss of data, or
11.4.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause 11.4 shall not prevent claims for loss of or damage
to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories 11.4.1 to 11.4.6 inclusive of this clause 11.4.
11.5 Please also note the terms of our Website Use Policy which apply to all contracts entered into between you and us.
12. Import Duty
12.1 If you order Products from our site for delivery outside the UK, and we accept your order, we shall deliver the Products to the point of embarkation requested by you. You will be responsible for arranging shipment and delivery to you
thereafter. There may be import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over
these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12.3 Where requested, upon export of the Products, we will supply you with the requisite documentation to reclaim any VAT paid to us.
13. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with
information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Turnbull and Thomas Limited at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. Transfer of Rights and Obligations
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Events Outside our Control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act, event, non-happening, omission or accident beyond our reasonable control including, without limitation, as a result of Act of God, war, strike, lockout, labour dispute, fire, flood or drought (“Force Majeure Event”).
16.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire Agreement
19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
20. Our Right to Vary these Terms and Conditions
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the
21. Law and Jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.