FURNITURE MEN UK CONSUMER TERMS OF SALE
These Terms, together with all other documents referred to herein, set out the terms under which we sell Goods to consumers through this website, furnituremen.co.uk. Please read these Terms carefully and ensure that you understand them before ordering any Goods from our Site. You will be required to read and accept these Terms when ordering Goods. If you do not agree to comply with and be bound by these Terms, you will not be able to order Goods through our Site.
- Definitions and interpretation
1.1 In these Terms, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Goods, as explained in clause 5;
“Goods” means the goods sold by us through our Site;
“Order” means your order for Goods;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“we/us/our” means Owen Elves trading as Furniture Men UK, of 5 Coronation Road, Melksham, Wiltshire, SN12 7PE.
- Age restrictions
Consumers may only purchase Goods through our Site if they are at least 18 years of age.
- International customers
We only sell to customers in the United Kingdom. We do not accept orders from, or deliver to, customers outside the United Kingdom.
- Goods, pricing and availability
4.1 We make reasonable efforts to ensure that all descriptions and graphical representations of Goods available from us correspond to the actual Goods. Please note, however, the following:
4.1.1 images of Goods are for illustrative purposes only. There may be variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions; and
4.1.2 images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
4.2 Clause 4.1 does not exclude our responsibility for mistakes due to our negligence and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to clause 8 if you receive incorrect Goods (ie Goods that are not as described).
4.3 Where appropriate, you will be required to select the required size, model, colour and/or number of the Goods that you are purchasing.
4.4 We cannot guarantee that Goods will always be available.
4.5 Minor changes may, from time to time, be made to certain Goods between your Order being placed and us processing that Order and dispatching the Goods (for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues). Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
4.6 We make reasonable efforts to ensure that all prices shown on our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed.
4.7 All prices are checked by us before we accept your Order. If we have shown incorrect pricing information, we will contact you to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, we will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If we do not receive a response from you within 5 working days, we will treat your Order as cancelled and notify you of this in writing.
4.8 If the price of Goods you have ordered changes between your Order being placed and us processing that Order and taking payment, you will be charged the price shown on our Site at the time of placing your Order.
4.9 All prices on our Site include any applicable VAT.
4.10 Delivery charges to mainland England, Wales and Scotland are included in the price of Goods displayed on our Site. For information on delivery charges to Northern Ireland, the Isle of Wight and other areas of the UK outside mainland Britain, please call us on 0844 202 8944 or email us at email@example.com.
- Orders – how contracts are formed
5.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it. We will not be able to accept your Order if you provide incomplete information: in particular, you must provide your email address and mobile phone number so we can arrange delivery of your Goods.
5.2 If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible. If we are unable to process your Order due to incorrect or incomplete information, we will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of our request, we will cancel your Order and treat the Contract as being at an end. If we incur any costs because of your incorrect or incomplete information, we may pass those costs on to you.
5.3 No part of our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by us sending you an Order Confirmation by email. Only once we have sent you an Order Confirmation will there be a legally binding Contract between us and you.
5.4 Order Confirmations shall contain the following information:
5.4.1 your Order Number;
5.4.2 confirmation of the Goods ordered;
5.4.3 itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
5.4.4 estimated dispatch date(s); and
5.4.5 estimated delivery date(s) and time(s).
5.5 If we do not accept or cannot fulfil your Order for any reason, we will explain why. No payment will be taken under normal circumstances. If we have taken payment, we will refund any such sums within 14 days.
5.6 Any refunds due under this clause 5 will be made using the same payment method that you used when ordering the Goods.
Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will be charged when you place your Order.
- Delivery, risk and ownership
7.1 All Goods purchased through our Site will normally be delivered within 10 days after the date of our Order Confirmation, unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of our control, for which see clause 11).
7.2 We will arrange delivery dates and times with you by text message and/or email about 3 or 4 days prior to delivery. When the Goods are loaded onto our courier partner’s vehicle, we send you a text message confirming the delivery date and time and providing you with a link for tracking your delivery. The courier driver will also give you a courtesy phone call about 30 minutes prior to delivery.
7.3 If we are unable to deliver the Goods on the delivery date, the following will apply:
7.3.1 if no one is available at your delivery address to receive the Goods and the Goods cannot be left in a safe place nominated by you, our courier partner will leave a delivery note explaining how to rearrange delivery or where to collect the Goods; and
7.3.2 if you do not collect the Goods or rearrange delivery within 14 days, we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost we incur in recovering the Goods.
7.4 If we fail to deliver the Goods within 30 days of our Order Confirmation (or as otherwise agreed or specified as under clause 7.1), if any of the following apply you may treat the Contract as being at an end immediately:
7.4.1 we have refused to deliver your Goods; or
7.4.2 in light of all relevant circumstances, delivery within that time period was essential; or
7.4.3 you told us when ordering the Goods that delivery within that time period was essential.
7.5 If you do not wish to cancel under clause 7.4 or if none of the specified circumstances apply, you may specify a new, reasonable delivery date. If we fail to meet the new deadline, you may then treat the Contract as being at an end.
7.6 You may cancel all or part of your Order under clauses 7.3 or 7.4 provided that separating the Goods in your Order would not significantly reduce their value. We will refund any sums you have already paid for cancelled Goods and their delivery within 14 days. If any cancelled Goods are delivered to you, you must return them to us or arrange with us for their collection. In either case, we will bear the cost of returning those cancelled Goods.
7.7 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once our courier partner has delivered the Goods to the address you have provided.
7.8 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
7.9 Any refunds due under this clause 7 will be made using the same payment method that you used when ordering the Goods.
- Faulty, damaged or incorrect Goods
8.1 By law, we must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples or models that you have seen or examined (unless we have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact us at firstname.lastname@example.org as soon as possible to inform us of the fault, damage or error, attaching an image of the problem with the Goods, so we may arrange for a refund, repair or replacement as appropriate. Your available remedies will be as follows:
8.1.1 beginning on the day that you receive the Goods (and ownership of them) you have a 30-day right to reject the Goods and to receive a full refund if they do not conform as stated above;
8.1.2 if you do not wish to reject the Goods, or if the 30-day rejection period has expired, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, we may instead offer you the alternative (ie a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30-day rejection period, that period will be suspended while we carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 days remain out of the original period, the remaining period will be extended to 7 days;
8.1.3 if, after a repair or replacement, the Goods still do not conform (or if we cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund;
8.1.4 if you exercise the final right to reject the goods more than 6 months after you have received the Goods (and ownership of them), we may reduce any refund to reflect the use that you have had out of the Goods;
8.1.5 within a period of 6 years after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. However, after 6 months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.
8.2 You will not be eligible to claim under this clause 8 if:
8.2.1 we informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them);
8.2.2 if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Goods for that purpose; or
8.2.3 if the problem is the result of normal wear and tear, misuse or intentional or careless damage.
You may not return Goods to us under this clause 8 merely because you have changed your mind. As a consumer, you have a legal right to a 14-day cooling-off period within which you can return Goods for this reason. Please refer to clause 9 for more details.
8.3 To return Goods under this clause 8, you must contact the courier who delivered your Goods to arrange to return them. We will be responsible for the costs of returning Goods under this clause 8.
8.4 Refunds (whether full or partial) under this clause 8 will be issued within 14 days of the day on which we agree that you are entitled to the refund.
8.5 All refunds issued under this clause 8 will include all delivery costs paid by you when the Goods were originally purchased.
8.6 Refunds under this clause 8 will be made using the same payment method that you used when ordering the Goods.
- Cancelling and returning Goods if you change your mind
9.1 If you are a consumer, you have a legal right to a 14-day “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and we have sent you your Order Confirmation, ie when the Contract between you and us is formed. You may also cancel for any reason before we send the Order Confirmation.
9.2 To exercise your right to cancel under this clause 9, you must inform us of your decision within the cooling-off period. If the Goods have already been delivered, you must contact the courier who delivered your Goods to arrange to return them. If the Goods have not yet been delivered, please contact us directly to cancel, providing us with your name, address, email address, telephone number and Order Number.
9.3 You must return the Goods to us no more than 14 days after the day on which you have informed us that you wish to cancel under this clause 9.
9.4 You may request that our courier collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location.
9.5 You must return Goods to us by our appointed courier who delivered the Goods. You must bear the costs of returning Goods to us if cancelling under this clause 9. We will also charge you the direct cost to us of collection if you request that we collect the Goods from you.
9.6 Refunds under this clause 9 will be issued within 14 days of:
9.6.1 the day on which we receive the Goods back; or
9.6.2 the day on which you inform us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under clause 9.6.1); or
9.6.3 the day on which you inform us that you wish to cancel the Contract if we are collecting the Goods under clause 9.4; or
9.6.4 the day on which you inform us that you wish to cancel the Contract if we have not yet provided an Order Confirmation or have not yet dispatched the Goods.
9.7 Refunds under this clause 9 may be reduced for any diminished value in the Goods resulting from your excessive handling of them (eg no more than would be permitted in a shop). If we issue a refund before we have received the Goods and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the Goods have been handled excessively.
9.8 Refunds under this clause 9 will be made using the same payment method that you used when ordering the Goods.
- Our liability to consumers
10.1 We will be responsible for any foreseeable loss or damage that you may suffer because of our breach of these Terms (or the Contract) or because of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
10.2 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
10.3 Nothing in these Terms seeks to limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
10.4 Nothing in these Terms seeks to exclude or limit your legal rights as a consumer.
- Events outside of our control
11.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control.
11.2 If any event under this clause 11 occurs that is likely to adversely affect our performance of any of our obligations under these Terms:
11.2.1 we will inform you as soon as is reasonably possible;
11.2.2 we will take reasonable steps to minimise the delay;
11.2.3 to the extent that we cannot minimise the delay, our affected obligations under these Terms (and therefore the Contract) will be suspended and any time limits that we are bound by will be extended accordingly; and
11.2.4 we will inform you when the event outside of our control is over and provide details of any new dates, times or availability of Goods as necessary.
11.3 If the event outside of our control continues for more than 30 days, we will cancel the Contract and inform you of the cancellation. We will refund any sums due to you within 14 days of the date on which the Contract is cancelled.
11.4 If an event outside of our control occurs and you wish to cancel the Contract as a result, you may do so. We will refund any sums due to you within 14 days of the date on which the Contract is cancelled.
- Other important terms
12.1 We may transfer (assign) our obligations and rights under these Terms (and under the Contract, as applicable) to a third party. (This may happen, for example, if we sell our business.) If this occurs, your rights under these Terms will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
12.2 You may not transfer (assign) your obligations and rights under these Terms (and under the Contract, as applicable) without our prior written consent.
12.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.
12.4 If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.
12.5 No failure or delay by us in exercising any of our rights under these Terms means that we have waived that right, and no waiver by us of a breach of any provision of these Terms means that we will waive any subsequent breach of the same or any other provision.
12.6 We may revise these Terms from time to time in response to changes in relevant laws or regulatory requirements. If we change these Terms as they relate to your Order, we will give you reasonable notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 days of your cancellation.
- Law and jurisdiction
13.1 These Terms, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
13.2 If you are a consumer, any disputes concerning these Terms, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your residency.
13.3 If you are a business, any disputes concerning these Terms, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.