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By using or accessing the Your Furniture website you agree to be legally bound by these terms and conditions. If you do not wish to be bound by these terms and conditions then you may not use or access the Your Furniture website or place orders. Please read through our terms and conditions carefully before using our website.
1.1. In these terms;
i. "Business Day" means any day other than Saturday, Sunday or bank holiday;
ii. "Buyer" means the person or company that buys or agrees to buy the goods from the seller;
iii. "Contract" means the contract for the purchase and sale of the goods under these conditions;
iv. "Conditions" means the Terms and Conditions of sale set out in this document and any other Terms and Conditions agreed in writing by the seller;
v. "Delivery Date" means the date specified by the seller when the Goods will be delivered;
vi. "Goods" means the product (including any installment of the goods or any parts for them) which the seller is to supply in accordance with these conditions;
vii. "Month" means calender month;
viii. "Seller" means Your Furniture Ltd t/a Your Furniture. Registered in England and Wales number 05242018. Registered office, The Greenhouse, 106-108 Ashbourne Road, Derby, DE22 3AG
ix) "Writing" means any communications effected by letter, email, telex, facsimile transmission or any comparable means.
x) "Price" means the price for the goods including carriage, packing and VAT (at the prevailing rate).
xi) "Consumer" shall bear the meaning ascribed in section 12 Unfair Contact Terms Act 1977
1.2. Any reference in these Conditions to a statute or a provision of a statute shall be constructed as a reference to that statute or provision as amended, re-anacted or extended at the relevant time.
1.3. The headings in these conditions are for convenience only and shall not affect their interpretation.
1.4. If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of these provisions in question shall not be affected.
2.1. Nothing in these conditions shall affect the buyers statutory rights as a Consumer.
2.2. The Seller's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
2.3. No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.
2.4. The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders placed using the Seller's electronic online ordering service, subject in any case to these conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer:
2.5. Any typographical, clerical or other accidental errors or omissions in any sales literature, internet pages, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on part of the Seller.
3.1. No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller or its authorised representative.
3.2. By placing an order using the Seller's electronic online ordering service the Buyer is making an offer which will not become a binding contract until the order is accepted by the Seller. The taking of payment from the Buyer's credit card does not indicate acceptance of the order by the Seller. If the Buyer's order is ultimately rejected by the Seller a refund will be immediately made to the buyer.
3.3. The specification for the Goods shall be those set out in the Seller's sales documentation unless varied expressly in the Buyer's order (if accepted by the Seller). The Goods will only be supplied in the minimum units (or multiples) stated in the Seller's price list. Orders received for quantities other than these will be adjusted accordingly.
3.4. The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Seller's specification, which do not materially affect their quality or performance.
3.5. Colours, measurements, illustrations, photographs or descriptions whether in catalogues, internet pages, brochures, price lists or other documents issued by the Seller are intended as a guide only and shall not be binding on the Seller.
3.9. By placing an order the Buyer warrants to the Seller that the Buyer is a resident in the UK, that the Buyer is accessing the site from the UK and that the Buyer is at least 18 years old and legally capable of entering into binding contracts.
4.1. The Price of the Goods shall be the price listed in the Seller's published price list current at the date of acceptance of the Buyer's order or such other price as may be agreed in writing by the seller and the Buyer.
4.2. Where the Seller has quoted a price for the Goods other than in accordance with the Seller's published price list the price quoted shall be valid for 30 days only or such lesser time as the seller may specify.
4.3. The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other cost of manufacture). If notice of price increase is given by the Seller, the Buyer shall have the right to cancel the order and receive back any sums they have paid. Notice or cancellation must be received in writing by the Seller within seven days of delivery of the notice of price increase to the Buyer.
4.4. The payment of the Price by the Buyer to the Seller shall be due at the date of the order or otherwise in accordance with such credit term as may have been agreed in writing between the Buyer and the Seller in respect of the Contract. The time of the payment of the price of the Goods shall be of the essence of the Contract. If the Buyer does not pay the Price on notification of shipment the Seller may bring an action for the Price even though the property in the goods has not been passed to the Buyer. If the Buyer fails to make payment as required the Seller may suspend delivery of the products or any further products ordered until payment is made in full.
4.6. All payments shall be made to the Seller in Pounds Sterling.
4.7. The Seller will allow the Buyer discounts subject to and in accordance with the conditions set out in the Seller's published price list for the Goods current at the date of acceptance of the Buyer's Order.
4.8. The Prices displayed on the website are for on-line purchases and promotions only and are not transferable to sales through any other means.
4.9. Any settlement discount specified by the Seller in the Contract will be allowed by the Seller to the Buyer in respect of Goods for which payment is received by the Seller on or before the due date and otherwise in accordance with the payment terms set out in these Conditions and provided that no other amounts owing by the Buyer to the Seller are overdue and unpaid.
4.10. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 5% above HSBC bank Plc's base rate from time to time in force and shall accrue at such a rate after as well as before and judgement.
4.11. The Seller will take reasonable care, insofar as it is in their power to do so, to keep the details of the Buyer's order and payment secure but, in the absence of negligence on behalf of the Seller, the Seller cannot be held liable for any loss suffered by the Buyer if a third party procures unauthorised access to any data the Buyer has provided when accessing or ordering from the website.
5.1. The Seller does not provide any warranty cover against defects in its own right.
5.2. Goods supplied by the Seller may come with a manufacturer's warranty.
5.3. The Seller shall provide the Buyer with such information as is required to claim under the manufacturer's warranties. In the event of a claim, the Buyer shall in the first instance contact the Seller's customer service department.
5.4. Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
5.5. Insofar as is permitted by law, our only liability to you under these terms and conditions will be at our sole discretion, to make good any shortage or non-delivery, to replace or repair any Goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the Goods in question. We shall not be liable for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering Goods or any damage or defect in Goods delivered which is caused by any event or circumstance which is beyond our reasonable control.
5.6. All clearance goods are sold as seen and are not covered by any warranty or guarantee.
5.7. Nothing in clause 5 affects your statutory rights as a consumer.
6.1. Delivery of the Goods shall be made by the Seller, or the Seller's agents, delivering the Goods to the place in the United Kingdom specified in the Buyer's order and/or the Seller's acceptance as the location to which the Goods are to be delivered by the Seller and/or confirmed by telephone or post between the Seller, or the Seller's agents, and buyer prior to the delivery or, if no place of delivery is so specified, by the Buyer collecting the Goods at the Seller's premises at any time after the Seller has notified the Buyer that the Goods are ready for collection.
6.2. The Seller shall use his reasonable endeavours to meet any date agreed for delivery.
6.3. The Delivery date is approximate only and can vary. Time for delivery shall not be of the essence. The Goods may be delivered by the Seller in advance of the Delivery Date upon giving reasonable notice to the Buyer.
6.4. The Seller shall not be liable for any delay in delivery howsoever caused.
6.5. All orders for delivery to addresses within mainland GB are delivered free of charge, except to AB, DD, FK, PH, KY, IV,PA and KW postcodes where there will be a surcharge of £30.
6.6. For delivery to Northern Ireland, Isle of Man, Isle of Wight, Scottish Islands and Channel Islands we will deliver free to a nominated mainland GB address e.g. a port (subject to clause 6.5.). Onward shipping from that point is the responsibility of the Buyer.
6.7. Where a delivery date has been agreed with our nominated carrier but the Buyer is not present to receive the delivery and / or our delivery partners cannot gain access to the Buyers street / house to effect delivery we reserve the right to apply a £45 charge to the Buyer to cover the cost of the failed delivery.
6.8. Where an order contains more than one item the items will be delivered at the same time once all items are available. Should the Buyer wish to split the delivery of costituent items over more than one delivery date then the Seller reserves the right to apply a £45 surcharge per seperate delivery event (the first being a free of charge subject to the conditions within these terms).
6.9. Except where explicitly agreed in writing in advance of the delivery the Seller's nominated carriers will not unwrap or assemble the order or take away old furniture from the customer's house.
6.10. The Seller will accept no liability for damage caused by its nominated carriers to the Buyer's property, fixtures or fittings.
6.11. Where the Goods are to be delivered in installments, each delivery shall constitute a seperate contract and failure by the Seller to deliver any one or more of the installments in accordance with these Conditions or any claim by the Buyer in respect of any one or more installments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
6.12. If the Buyer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Seller shall be entitled upon given written notice to the Buyer to store or arrange for the storage of the Goods and then notwithstanding the provision of Clause 10.1 of these Conditions risk in the Goods shall pass to the Buyer, delivery shall be deemed to have taken place and the Buyer shall pay to the Seller all costs and expenses including storage and insurance charges arising from such failure. The Buyer shall pay to the Seller all costs and expenses for any subsequent delivery.
7.1. An order maybe cancelled at any time between the placement of the order and 10 days folowing delivery of the goods.
7.2. Where an order is cancelled after it has been delivered by the Seller to the Buyer, the Buyer can either arrange to return the goods to the Seller or arrange for the Seller to collect the Goods. Where the Seller is required to collect the Goods the Seller will deduct a £45 collection fee from any refund due to the buyer.
7.3. Goods must be returned by the Buyer to the Seller in their original packaging or similar, where Goods are deemed to be inadequately packaged the Seller's nominated carrier may refuse to collect the Goods.
7.4. Where collection is refused by our nominated carrier due to the goods not being adequately packaged and / or when a collection date has been agreed with our nominated carrier but the Buyer is not present the Seller reserves the right to apply a £45 charge to the Buyer to cover the cost of the failed collection.
7.5. Goods must be returned to the Seller in the same condition as they were in at the time of delivery. The Seller reserves the right to withold all or part of the Buyers refund if items are returned damaged or incomplete.
7.6. Refunds will be made by the Seller to the Buyer within 30 days of receipt of Goods and after they have been inspected for damage.
7.7. Refunds will normally be made by the same method that the original payment to the Seller was made by.
7.8. The Seller cannot accept return of Mattresses, pillows or sofabeds (unless they are unopened). Home assembly items can also not be returned where construction has been attempted.
7.9. The Seller reserves the right to apply a 50% cancellation / returns fee for special orders or commissioned pieces which are cancelled more than 7 days after order placement.
7.10. The Seller may cancel an order for any reason, at any time up to the Delivery Date, with no liability beyond the provision of a refund to the Buyer for the value of the Goods within 30 days of the cancellation.
8.1. Other than where the Buyer acts as a Consumer the Buyer shall be deemed to have accepted the Goods 5 working days after delivery to the Buyer.
8.2. After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the Contract.
9.1. If on delivery any of the Goods are defective in any material respect and either the Buyer lawfully refuses delivery of the defective Goods or, the Buyer marks the delivery note with details of the product damage, the Seller shall at its option (and with no further liability to itself):
a) Wherever possible repair the Goods by sending out a furniture restorer to the Buyers address; or
b) replace the defective Goods within 30 days of receiving the Buyer's notice; or
c) refund to the Buyer the price for the Goods which are defective within 30 days; but the Seller shall have no further liability to the Buyer in respect thereof and the Buyer may not reject the Goods if delivery is not refused or notice given by the Buyer asforesaid.
9.2. The Seller accepts no liability for any damage to Goods where the Buyer marks the delivery note 'unchecked' or fails to record details of the damage on the delivery note at the time of delivery.
9.3. No Goods may be returned to the Seller without the prior agreement in writing of the Seller.
9.4. The Seller shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, failure to follow the Seller's instructions (whether oral or in writing), misuse or alteration of the Goods without the Seller's approval, or any other act or omission on the part of the Buyer, its employees or any agents or any third party.
9.5. Subject as expressly provided in these Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9.6. Where the Goods are sold under a consumer sale the statutory rights of the Buyer are not affected by these Conditions.
9.7. Except in respect of death or personal injury caused by the Seller's negligence, or as expressly provided in these Conditions, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, or under the express terms of the Contract, for any direct or consequential loss or damage sustained by the Buyer (including without limitation loss of profit or indirect or special loss), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the seller, its servants or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer.
9.8. The Buyer shall be responsible to ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Buyer is in compliance with all applicable statutory regulations and sale of the Goods by the Buyer is carried out in accordance with directions given by the Seller or any competent governmental or regulatory authority and the Buyer will indemnify the Seller against any liability loss or damage which the Seller might suffer as a result of the Buyer's failure to comply with this condition.
10.1. Risk of damage to or loss of the Goods shall pass to the Buyer at:
a) in the case of Goods to be delivered at the Seller's premises, the time when the seller notifies the Buyer that the Goods are available for collection; or
b) in the case of Goods to be delivered otherwise than at the Seller's premises, the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
10.2. Notwithstanding any other provision herein title in the Goods shall not pass to the Buyer until the seller has received payment in full via either cash or clear funds.
10.3. The Buyer shall not be entitled to pledge or in anyway charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy to the Seller) immediately become due and payable.
11.1. This clause applies if:
a) The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or
b) An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the buyer, or
c) The Buyer, not being a Consumer, ceases, or threatens to cease, to carry on business, or
d) The seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
11.2. If the clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary.
12.1. The Seller shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in delivery or in performing, or any failure to perform, any of the Seller's obligations in relation to the Goods, if the delay or failure was due to any case beyond the Seller's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the seller's reasonable control:
a) act of God, explosion, flood, tempest, fire or accident;
b) war or threat of war, sabotage, insurrection, civil disturbance or requisiton;
c) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
d) import of export regulations or embargoes; and/or
e) strikes, lock-outs, or other industrial actions or trade disputes (whether involving employees of the Seller or a third party).
12.2. No waiver by the Seller or any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.3. Any notice required or permitted to be given by either party to the other under these conditions shall be in writing and in the case of notices to the seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer's address as provided by the Seller.
12.4. This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising determined exclusively by the courts of England and Wales.
12.5. No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of the agents or employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.