Terms and conditions.

The following page contains information regarding terms and conditions of sale through furni-shed.com Ltd. By accessing and/or placing any order(s) on this website you are agreeing to be legally bound by the following terms and conditions.

Standard conditions of sale

1. Definitions.
1. “You” and “Your” refer to the person(s) who buys or has agreed to buy goods from us.
2. “We, “our” and “us” refer to furni-shed.com Limited (trading as furni-shed.co.uk), our employees and agents.
3. "Conditions" refers to the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by us.
4. "Products" refers to any goods purchased or enquired from us.
5. "Delivery date" refers to the date approximated by us and further agreed by you and any contract delivery company that the we may use.
6. "Price" refers to the product, VAT & carriage.
7. "Consumer" shall bear the meaning ascribed in section 12 Unfair Contract Terms Act 1977.

2. Variations
Neither you nor we may alter the terms of this agreement without the agreement of the other. If you require any changes, please make sure that you ask for these to be put be put in writing. This is to ensure that you can avoid any problems surrounding what you have agreed and what is expected of us.

3. Order and waiting time
As we use contract delivery companies we cannot specify a precise date or time of delivery. we may use delivery companies such as DHL or Parcel force for smaller items which will be delivered 9am to 5pm Monday to Friday or other specialist furniture delivery companies for larger items, in this case we will deliver the items into the specialist furniture companies warehouse and then you will be contacted by that company to arrange a date for delivery.

4. Delivery
We can only deliver to an address in mainland UK, excluding some parts of Northern Scotland. It is our responsibility to deliver to the entrance of the property specified by you. It is your responsibility to ensure that the goods can be delivered to the room of your choice, therefore we can only deliver past the point of entrance at your risk, we expect our agents to use reasonable standards of care at all times. You will not suffer as a result of there proven neglect, negligence or dishonesty.
Please notify us of any problems that may affect your delivery as we will not deliver any goods where access is denied or we cannot deliver safely. Any delivery made which cannot be completed through the fault of yours or something from which you knew about will incur a charge for redelivery of the items (larger specialist items only sent by specialist delivery companies). Smaller items will be sent via companies such as DHL or parcel force and will be sent via that company’s terms and conditions.

5. Conditions applicable

a. Nothing in these conditions shall affect the buyer’s statutory rights as a consumer.

b. We shall sell and you shall purchase the products in accordance with any written quotation from us which is accepted by the you, or any written or verbal order from you which is accepted by us including but not limited to orders placed using our 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 you.

c. Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.

d. If any provision of these conditions is adjudged invalid or unenforcable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.

e. If we do not have sufficient stock to be able to deliver the goods ordered by you then any sum paid by you will be refunded or re-credited to your account and we will notify you at the address given by you in your order form. The refund will be made as soon as possible and, in any event, within 30 days of your order and we will not be obliged to offer any compensation for disappointment suffered.

6. The price and payment

a. Save as provided otherwise herein the Price shall be that as stipulated in our published price list current at the date of order of the Products. Any event of any increase in the cost to our materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate we may increase the Price payable under the contract upon written notice. If notice of price increase is given by us, the buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by us within fourteen days of delivery of the notice of price increase to the buyer.

b. Payment of the Price shall be due at the date of the order. Time for payment shall be of the essence. If you do not pay the Price on notification of shipment we may bring an action for the Price even though property in the Products has not been passed to you. If you then fail to make payment as required we may suspend delivery of the Products or any further Products ordered until payment is made in full.

c. 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 2% above Barclays Bank Plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.

7. The products

a. The quantity and description of the Products shall be set out in our quotation.

b. We may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to our specification.

c. Photographs are for illustrative purpose only, and may not exactly match the product itself.

8. Warranties and liability

a. All goods purchased from us come with a manufacturer’s warranty of at least 12 months.

b. We shall provide you with any information that is required to claim under any manufacturer’s warranty. In the event of a claim, the Buyer shall in the first instance contact our customer service department.

c. We do not provide any warranty cover against defects in our own right.

d. 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.

e. 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 will not be liable to you 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. Nothing in this Clause 8 affects your statutory rights as a consumer.

9. Returns and Cancellations

a. All orders for delivery to addresses within mainland GB are delivered free of charge, except to PA, IV and KW postcodes where there will be a small additional charge which will be advised prior to order confirmation.

b. 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. Onward shipping from that point is the responsibility of the customer.

c. Generally, where an order contains more than one item all items will be delivered at the same time once all items are available.

d. Where a delivery date has been agreed with our carrier but the customer isn’t present to receive the delivery we reserve the right to charge the customer a minimum of £25 to cover part of the cost of the failed delivery.

e. An order may be cancelled at any time between the placement of the order and 7 days following delivery of the goods.
If the Buyer is dissatisfied with his purchase for any reason he may, within seven days of delivery, contact our customer service department to notify them that he wishes to return some or all items from his order. You can either arrange to return the goods himself to the Supplier at his own cost or he may ask us to collect the goods in which case he will be charged a minimum of £25 which will be deducted from his refund. Goods must be returned to the Seller in the same condition they were in at the time of delivery to you and in their original packaging or similar. Items which are not adequately packaged at time of collection may not be collected and a charge of a minimum of £25 may be levied to cover cost of failed collection. Refunds will be issued within 30 days of receipt of goods and after we have inspected them for damage. We reserve the right to withhold all or part of your refund if items are returned damaged.

f. Please note that for selected items of leather upholstery there is a 35% cancellation/returns fee unless the order is cancelled within one week of placement. Such items are clearly marked.

g. Mattresses can only be returned if they are unopened. Mattresses which have been opened and slept on cannot be returned. If you wish to test a mattress please keep it wrapped until you are sure you want to keep it.

h. We do not deliver on weekends or bank holidays

10. Acceptance of the products

a. Other than where the Buyer (you) acts as a Consumer you shall be deemed to have accepted the Products 7 working days after delivery to the you.

b. After acceptance you shall not be entitled to reject Products which are not in accordance with the contract.

11. Title and risk

a. Risk of damage to or loss of the Products shall pass to you upon delivery.

b. Notwithstanding any other provision herein title in the Products shall not pass to you until the we have received in cash or clear funds payment in full.

c. You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of us, but if you do so all moneys owing to us shall (without prejudice to any other right or remedy on us ) immediately become due and payable.

12. Insolvency of buyer

a. This clause applies if:

i. You make any voluntary arrangements with your 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

ii. An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of yours, or

iii. The you, not being a consumer, ceases, or threatens to cease, to carry on business, or

iv. We reasonably apprehends that any of the events mentioned above is about to occur in relation to you and notifies you accordingly.

b. If the Clause applies, without prejudice to any other right or remedy available us, we shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the you, and if the Products 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.

13. General

a. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at we premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

b. Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to us, addressed to us at its registered office or in the case of notices to you, at your address as provided to us.

14. Headings

a. The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.

b. Representations
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 us shall be construed to enlarge, vary or override in any way thereof any of these conditions.

c. Additional costs
You agrees to pay for any loss or extra cost incurred by us through your instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.

15. Proper law of contract

a. 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.