FURNISH365 TERMS OF SERVICE

 

Overview

 

This website (furnish365.co.uk) is operated by Furnish365 Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Furnish365 Ltd. Furnish365 offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

These terms and conditions tell you the terms and conditions on which we supply any of the Goods or services linked to buying the Goods listed on our website. Please read these terms and conditions carefully and make sure that you understand them before ordering any Goods from our site. You should understand that by ordering, you agree to be bound by these terms and conditions and any disclaimers. Your attention is drawn in particular to the provisions of the Liability clause (clause 10) and the Force Majeure clause (clause 12).

 

We intend to rely upon these terms and conditions and any documents (such as the Order Confirmation) expressly referred to in the terms and conditions in relation to the subject matter of any Contract formed between us in accordance with clause 3 below. Please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

 

Please understand that if you are unable to accept these terms and conditions, you may not use our website or any of our services.

 

  1. Information about us

 

1.1 We operate the website furnish365.co.uk. Our company name is Furnish365 Ltd, a company registered in England and Wales under company number 46470 and with our registered office at 200 Drake Street, Rochdale, Lancashire, United Kingdom, OL16 1PJ.

 

     2.        Your status

 

By placing an order on our site, you warrant that:

               

  1. You are legally capable of entering into binding contracts;
  2. You are at least 18 years old; and
  3. You have given us your consent to allow any of your minor dependents to use this site

 

     3.        How the contract is formed between you and us

 

3.1 Your order constitutes an offer to us to buy Goods and services linked to buying Goods (“Order”). All orders are subject to acceptance by us, which we are at liberty to accept or decline at our absolute discretion. We will confirm our acceptance of your order by sending you e-mail confirmation of our acceptance (“Order Summary”). The contract between us will only be formed when we send you your order summary.

 

3.2 You will be assigned an order number within your Order Summary. Please quote the order number and your delivery postcode in all subsequent correspondence with us relating to the order.

 

3.3 We reserve the right to revise and amend these terms and conditions at any time to reflect changes in market conditions affecting our business, technology, payment methods, relevant laws and regulatory requirements and/or in our system’s capabilities. You will be subject to the policies and terms in effect at the time that you place an order on our Goods and/or services unless any change to those policies and terms is required by law or government or the regulatory authority.

 

     4.        Cancellation

 

4.1 Should you wish to cancel and/or amend your order you should contact Furnish365 via e-mail at customerservice@furnish365.co.uk. Please include your order number, delivery address and postcode, full name, and the reason for cancellation.

 

4.2  Subject to clause 4.8 you can cancel your order by notifying us in writing at anytime from placing the Order up to the expiry of 14 working days starting the day after the date the Goods are delivered.

 

4.3 Should you cancel your Order in accordance with the provisions of clauses 4.6 once it has been delivered, we will collect such Goods.

 

4.4 We will charge a collection cost of £49 for the Goods that we collect under the provisions of clause 4.3 above. This cost will be notified to you in advance. In any event the Goods will remain your responsibility until we collect the Goods. You should also be aware of the following obligation: Any collection will be from the delivery address unless we agree otherwise, and we will agree with you a suitable day for collection. If you are not going to be available for collection yourself, you must notify us in advance of a nominated adult who will be present for the collection. You must ensure that on the day of collection that access to the Goods is clear and free from obstruction. If you or a nominated adult are not available or the access is not clear and free of obstruction then we will not collect the Goods. Should windows or doors need to be removed to allow access, it is your responsibility to arrange this at your own cost and your own risk. We do not accept any responsibility for damage to your property during collection other than damage due to our negligence when our liability is limited to the repair of that damage with no element of betterment. You have a statutory duty to take reasonable care of the Goods. If you breach this duty we have a right of action against you. If any original packaging has been left with you please return the Goods with the original packaging. If the original packaging is not available, then please ensure any items to be returned are packaged in a suitable and sufficient manner so as to ensure that there is no risk of damage in transit.

 

4.5 In the event that you do not comply with the above obligations, we may require payment from you of all costs reasonably incurred by us which may include but is not limited to wasted collection journeys or the cost of any Goods which you have damaged or lost.

 

4.6 If you wish to return the Goods to us:

 

  1. because you have cancelled the Contract between us in accordance with the provisions of clause 4.2, we will process the refund due to you as soon as possible. In such cases, we will refund the price of the product in full, however we will retain any applicable delivery charges. As stated in clause 4.4 collection services incur a collection cost of £49.
  2. for any other reason (for instance, because you consider the Goods are faulty), we will follow through with our complaints procedure (see Clause 18) and, if necessary examine the returned Goods. Should we agree the Goods are faulty we would reserve the right to discuss with you whether it would be more appropriate to repair the Goods in question. Should we agree with you that the Goods should be returned and you should obtain a refund, we will notify you of your refund via e-mail within a reasonable period of time. We will process the refund due to you within 14 working days after we have confirmed to you via e-mail that you are entitled to a refund. We will refund the price of the Goods in full, however we will retain any applicable delivery charges. As stated in clause 4.4 collection services incur a collection cost of £49.

 

4.7 We will usually refund any money received from you using the same method originally used by you to pay for your purchase unless agreed otherwise in writing.

 

4.8 The provisions of clause 4.2 will not apply to any Goods which:

 

  1. you have bought either online or by telephone which you have previously viewed at one of our stores;
  2. are bespoke and handmade to your specification. Please note that all of our Goods are bespoke and handmade to your specification unless they are clearly identified as stock items. To reiterate, please be aware that for Goods that are bespoke and handmade to your specification you will not have a right to cancel the Goods, or return the Goods once delivered unless the Goods are faulty so please carefully consider your decision to place your Order before doing so;

 

     5.        The Goods

 

5.1 We will take reasonable steps to pack the Goods properly and to ensure that you receive your Order in good condition.

 

5.2 We will not be responsible for any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we or the manufacturer do not recommend or deem irresponsible, your failure to follow our or the manufacturer’s instructions, or any alteration or repair you carry out without our prior written approval.

 

5.3 These terms and conditions apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform to these terms and conditions.

 

     6.        Product Specification

 

6.1 Any photographs, models, samples, drawings, sizes and/or product description or advertising we issue, and any illustrations contained in our catalogues, brochures, emails or on our website are produced solely to provide you with an approximate idea of the Goods they describe and/or are representative of the finished product. All Goods are manufactured within the standard industry measurement tolerances.

 

6.2 Your Order is unique to you and will be supplied in accordance with the instructions and specification as detailed in our Order Summary..Every effort will be made to match all colours and finishes in our stores. Notwithstanding this all Goods are purchased and supplied, on the understanding that there may be slight dye, shade and grain variations, particularly with natural products such as wood and marble. Marble products are made from quality stone and may not be uniform in colour or texture and will show natural marks. Colours may also change with age and exposure to sun and other climatic conditions.

6.3 Where stated some images have been digitally created to illustrate the colour options available from the range. These colours will be affected by your monitor and by your printer and therefore may not be 100% accurate to the finished product. Exact colour swatches can be obtained from our store, and you are at liberty to request that samples be mailed to you.

 

6.4 Occasionally we may supply Goods with minor differences in specification due to circumstances beyond our reasonable control. Should this be the case any differences will result in the Goods being of an equal or improved standard, and it will not affect your rights under the law, and the quality coding and guarantee will continue to apply.

 

     7.        Delivery

 

7.1 All delivery times quoted at the time of order are estimated and so cannot be guaranteed. Whilst we will make every effort to deliver within the estimated delivery time, occasionally deliveries may be affected by factors beyond our control. We will deliver to the delivery address stated in the Order and confirmed by us in the Order Summary. Should you wish to change the delivery address from the address given in the Order and confirmed by us in the Order Summary then you must have notified us and have obtained our agreement in writing to any change in delivery address prior to any delivery taking place.

 

7.2 We will contact you using the contact details you provided us with at check-out within 7-10 business days from the point of order to arrange delivery. We will also contact you up to 48 hours preceding delivery to ensure that full payment has been made prior to your Order being delivered. If you are not going to accept delivery yourself, you must notify us in advance of the nominated adult who will take delivery.

 

7.3 Goods will be delivered to Mainland Britain and Northern Ireland only. Northern Ireland deliveries are limited to our sofa suites exclusively, and incur a delivery charge of £149 given shipping costs.

 

7.4 A delivery charge of £49 will apply on all orders. The amount is made clear at the point of Order, and will be contained on our Order Summary. Alternatively you are able to arrange for collection of Goods from our Furnish365 Warehouse at Unit 3A, Laurel Trading Estate, Higginshaw Lane, Oldham OL2 6LH.

 

7.5 Where you have ordered multiple Goods from us we may need to make more than one delivery to you. Where this is necessary we will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs.

 

7.6 Delivery of the Order shall be completed when we deliver the Goods to you.

 

7.7 It is essential that you notify us of any possible restrictions to access into your home when placing your Order so that we can perform a risk assessment. In particular you should consider vehicle access, lifts, staircases and room access. Should windows or doors need to be removed to allow access, it is your responsibility to arrange this at your own cost and at your own risk.

 

7.8 We recommend that you do not dispose of your existing furniture until one day prior to your confirmed delivery date.

 

7.9 You must ensure that you or a nominated adult with (if we so request in order to prevent fraudulent activity) appropriate photo ID (driving licence or passport) are available on the day and the point of delivery to sign for the Goods.

 

7.10 You must also ensure that on the day of delivery access to your preferred location of the Goods is clear and free of any obstruction. If you or a nominated adult are not available or the access is not clear and free of any obstruction, then we will not deliver your Goods. This will result in a re-delivery of your Goods and a further delivery charge will be levied.

 

7.11 Goods intended to be assembled by you will not be unpacked at the point of delivery.

 

7.12 We do not accept any responsibility for damage to your property during delivery other than damage due to our negligence when our liability is limited to the repair of that damage with no element of betterment.

 

     8.        Title and risk

 

8.1 The Goods will be your responsibility from the time of delivery.

 

8.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.

 

     9.        Price and payment

 

9.1 The price of the Goods will be as quoted on our site from time to time.The delivery charge will be as set out in clause 7.4 above. Northern Ireland customers should refer to clause 7.3.

 

9.2 The prices of Goods include VAT.

 

9.3 The prices of Goods and delivery charges are liable to change at any time but changes will not affect orders in respect of which we have already sent you an Order Summary.

 

9.4 Payment for all Goods must be by credit or debit card.

 

     10.     Our liability

 

10.1 Subject to clause 10.2 and clause 10.3, if either of us fails to comply with these terms and conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms and conditions at the time we entered into the contract with one another.

 

10.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and we have no liability to you for any consequential loss, loss of profit, loss of business, business interruption, or loss of business opportunity.

 

10.3 Nothing in this agreement excludes or limits in any way our liability for:

 

(a)death or personal injury caused by our negligence;

 

(b) fraud or fraudulent misrepresentation;

 

(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

 

(d)defective products under the Consumer Protection Act 1987; or

 

(e)any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

 

     11.     Data Protection

 

11.1 Your information (or the information of the nominated adult) will be used to process your Order, deliver your Goods and/or to handle any claims made under the warranty.

11.2 We do not store any of our customers credit or debit card information.

 

     12.     Events outside our control

 

12.1 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 (Force Majeure Event).

 

12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

 

(a)strikes, lock-outs or other industrial action

 

(b)civil commotion, riot, invasion, piracy, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

 

(c)inclement weather, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

 

12.3 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. Should the Force Majeure Event continue for a period of more than 3 months then either party will have the right to terminate any contract that exists between ourselves forthwith without any further liability to the other party apart from providing you with a refund if you have not received the Goods.

 

     13.     Transfer of rights and obligations

 

You may not transfer any of your rights or obligations under these terms and conditions to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these terms and conditions to another organisation, but this will not affect your rights under these terms and conditions.

 

     14.     Written communications

 

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site or telephone sales system, 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 legal rights.

 

     15.     Notices

 

All notices given by you to us must be given to Furnish365 Ltd at customerservice@furnish365.co.uk. 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 14 above. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter (if sent from the UK). In proving the service of any notice, it will be sufficient to prove, in the case of a letter posted in the UK, 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.

 

     16.     General

 

16.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

 

16.2 If we fail, at any time while these terms and conditions are in force, to insist that you perform any of your obligations under these terms and conditions, or if we do not exercise any of our rights or remedies under these terms and conditions, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms and conditions shall be effective unless we expressly say that it is a waiver and we tell you so in writing.

 

16.3 A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

 

16.4 These terms and conditions shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.

 

       17.   Cancellation by Furnish365

 

We reserve the right to cancel an order if:

 

  1. We do not have the stock to fulfil an order.
  2. If we are unable to deliver your order
  3. If your payment was not authorised
  4. The item was incorrectly described or priced on the website If you have not complied with our terms and conditions of sale
  5. We have made multiple attempts to contact you to schedule delivery using the contact details you provided at check-out and we receive no response within 14 days

 

       18.   Complaints Procedure

 

At Furnish365 Ltd, our aim is to deliver the best possible service to all of our customers. However, if you are not completely satisfied with the service that you have received and wish to make a complaint, please follow the steps below:

 

1st Stage: Please contact Customer Services customerservice@furnish365.co.uk.  Please include your name, delivery address, postcode, images of any perceived faults,  and a full description of the complaint. One of our Customer Care advisors will register your complaint and will handle it through to completion. The Customer Care advisor will try to resolve matters and we hope that we can settle all complaints as quickly as possible in this way.

 

2nd Stage: If you are not satisfied with the response that you receive, you can take this further by contacting the Customer Care Manager. This can be done by submitting a formal request via e-mail to your primary Customer Care advisor. Upon receiving your complaint, you will receive a response within 5 working days. If we cannot give a full reply in this time, we will advise you as to why and when you are likely to receive it. The decision given by the Customer Care Manager is final and is the end point of our internal complaints procedure. Any correspondence sent to any other Manager or Director will be referred to our Customer Care Manager to be reviewed as part of this procedure.