1. Faulty, Damaged or Incorrect Goods
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 Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement (you will have to provide us with images detailing fault or damage via email as soon as possible – email email@example.com. Beginning on the day that you receive the Goods (and ownership of them) you have a 14 Calendar Days right to reject the Goods and to receive a full refund if they do not conform as stated above. Alternatively, you may request a replacement of the Goods. We will bear any associated costs and will send you a replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request a replacement during the 30 Calendar Day rejection period, that period will be suspended while We are in the process of replacing the goods and will resume on the day that you receive the replacement Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days. If, after a 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. If you exercise the final right to reject the goods more than six 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. Please note that you will not be eligible to claim if We informed you of the fault(s), damage or other problems with the Goods before your purchase of the them (and it is because of the same issue that you now wish to return them); 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 if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us merely because you have changed your mind. If you are a consumer in the European Union, you have a legal right to a 14 calendar day cooling off period within which you can return Goods for this reason (goods must be returned unused an in the original packaging). To return Goods to Us for any reason please contact Us to arrange for a collection and return. We will be fully responsible for the costs of returning Goods and will reimburse you where appropriate. Refunds (whether full or partial, including reductions in price) will be issued within 14 Working Days of the day on which We agree that you are entitled to the refund. Any and all refunds issued will include all delivery costs paid by you when the Goods were originally purchased.
2. Cancelling and Returning Goods if You Change Your Mind
If you are a consumer in the European Union, you have a legal right to a “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 Dispatch Confirmation, i.e. when the Contract between you and Us is formed. If the Goods are being delivered to you in a single instalment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the Goods. If the Goods are being delivered in separate instalments on separate days, the cooling off period ends 14 calendar days after the day on which you receive the final instalment of Goods. If your order is for the regular delivery of Goods over a defined period, the cooling off period ends 14 calendar days after the day on which you receive the first delivery of Goods. If you wish to exercise your right to cancel you must inform Us of your decision within the cooling off period. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. To contact Us directly to cancel, please use the following details:
Telephone: 01299 877535
Post: The Oakley, Kidderminster Road, Droitwich Spa, Worcestershire, WR9 9AY
We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
Please note that you may lose your legal right to cancel in the following circumstances:
If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
If the Goods consist of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software and you have unsealed the Goods after receiving them;
If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel.
You may request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location (The goods must be returned unused and in original unopened packaging).
You may return Goods to Us by another suitable delivery service of your choice to Our returns address at 28 The Slad, Stourport-on-Severn, DY139JW. Please note that you must bear the costs of returning Goods to Us. We will also charge you the direct cost to Us of collection (£55 for items of up to 60kg, £85 for items between 61kg -115kg and £105 for items over 115kg, if you request that We collect the Goods from you.
Refunds will be issued to you within 14 working days of the following:
The day on which We receive the Goods back in satisfying conditions; or
The day on which you inform Us (supplying evidence) that you have sent the Goods back or if We are collecting the Goods the day on which you inform Us that you wish to cancel the Contract; or if We have not yet provided a Dispatch Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
Refunds may be subject to deductions in the following circumstances:
Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them. “Excessive handling” means any more handling than is reasonable required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop). Please note that 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 in a way that would otherwise entitle Us to reduce your refund.
Please note, that We cannot reimburse for premium delivery.
Refunds will be made using the same payment method that you used when ordering the Goods; unless you specifically request that We make a refund using a different method.
We offer a 1 year warranty on all products against manufacturing defects where used in accordance with the instructions.
This is subject to the following exclusions:
· Moving parts (mechanisms, castors, drawers)
· Failure to adhere to manufacturers’ instructions and to the use of the Goods in accordance with manufacturers’ instructions (for self-assembly goods, it is important that you read the assembly instructions carefully as we cannot accept responsibility for any self-assembly goods that are damaged because instructions were not properly followed)
· Where the product has been tampered with by a third party or interventions by non–authorised personnel
· Where incorrect assembly occurs or use of non–recommended parts, or third party accessories not compatible with original design are used
· Seating upholstery which are subject to usage related wear and tear
· Exposure to sunlight which may cause colour to fade and certain products to warp
· Wear and tear
· The warranty for metal coverings (both chrome and colour coating) against flaking, discoloration and rust is excluded when such conditions are caused by:
· Build up of mildew and lime scale (for vanity and bathroom products)
· The use of corrosive liquids for cleaning
Please notify us of obvious defects that are apparent on first inspection of the goods, such as missing parts or damage, within 7 working days of delivery and additionally, wherever possible, by describing the defects on the ‘proof of delivery’ document you are asked to sign. This is to keep down your cost of remedying defects as We will only be responsible for refund, repair or replacement set out in paragraph 1. above and not for any installation, assembly, loss of business or incidental costs. Please contact us with a full description and photographs of the fault via email firstname.lastname@example.org. For other defects, please notify us as soon as you discover those defects and at the latest within 7 working days of delivery via email email@example.com. Where it cannot otherwise be established that we supplied any goods that are claimed to be defective, for example because sewn-in labels have been removed, then we may require you to produce proof of purchase. Where your product is no longer under warranty we may endeavour to repair or replace parts subject to availability. There may be charges outside of the warranty period these will be advised before proceeding. You agree that we (or our appointed agents) may examine and test any goods that are claimed to be defective to establish whether those defects are our responsibility. Where we need to send the goods away for examination and testing, then you will permit us (or our agents) to collect the goods from you for that purpose. Where defective goods are exchanged, you must allow us to collect the defective goods from you. Please also note that you may have to wait for replacement goods that are non-stock items or are made-to-order. Only when we are satisfied that the goods are faulty you will be offered a replacement or full refund of the original purchase price. Our warranty exists in addition to your legal rights as a consumer (that the Goods match their description, that they are of satisfactory quality and that they are fit for purpose) and does not affect Your statutory rights; in particular your rights under the Consumer Contract (Information, Cancellation and Additional Charges Regulations, and Sale of Goods Act For Goods that do not match their description, are not of satisfactory quality, or are not fit for purpose. More information on your rights as a consumer can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
4. Invalid Warranty Claims
Where We consider that Your claim for repair is not covered by the terms of any warranty, We will charge you for the spare parts supplied at their current price together with despatch expenses including post and packaging costs. The warranty does not cover Our ex-display or shop soiled products which are sold at a discount. The warranty is only available to the first purchasing customer who registers the warranty within 28 days of purchase.
5. Our Liability to Consumers
We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result 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. Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation. Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your Local Citizens Advice Bureau or Trading Standards Office.
6. Events Outside of Our Control (Force Majeure)
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. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control. 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. Please be aware that you may experience delays in delivery when events occur beyond our control such as extreme weather conditions or items being damaged or lost in transit. Bear this in mind if you take annual leave from work or arrange the services of a professional fitter/installer, we will not reimburse their invoices, your time or any other costs occurred by the delay or condition of a delivery. So we strongly recommend you book a fitter/installer after you have received your item in a satisfying condition. We will not take any liability for any damage caused after the installation/assembly of our products. Please ensure you used a skilled tradesman to install/assemble your item. If any event described occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
We will inform you as soon as is reasonably possible;
Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
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;
If the event outside of Our control continues for more than 14 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 working days of the date on which the Contract is cancelled;
If an event outside of Our control occurs and continues for more than 14 days and you wish to cancel the Contract as a result, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 working days of the date on which the Contract is cancelled;
If the contract is cancelled by you or by Us any relevant Goods that must be returned will be returned at Our expense (with Us reimbursing you where appropriate).