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FURNITURE EXPRESSIONS LIMITED
TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
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| 1 |
Formation of the contract |
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| 1.1 |
These terms of sale apply to all goods and services supplied by Furniture Expressions Limited, registered in England and Wales no. 06769430 of 6 Grimshaw Street, Burnley, BB11 2AZ (the Supplier). |
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| 1.2 |
No contract exists between you and the Supplier for the sale of any goods or the supply of any services until the Supplier has received and accepted your order and sends you confirmation in writing or by email to the address or email address you have given. Once the Supplier does so, there is a binding legal contract between us. |
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| 1.3 |
The contract is subject to your right of cancellation (see below). |
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| 1.4 |
The Supplier may change these terms of sale without notice to you in relation to future sales. |
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| 2 |
Description and price of the goods and services |
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| 2.1 |
The description and price of the goods you order will be as shown on the Supplier's website at the time you place your order. |
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| 2.2 |
Services can only be ordered when goods are bought at the same time and are limited to the installation of goods as detailed on the Supplier's website at the time of purchase. The charge for these services is shown on the Supplier's website. |
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| 2.3 |
The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for the goods. |
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| 2.4 |
Every effort is made to ensure that prices shown in the Supplier's website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, the Supplier will refund or recredit you for any sum that has been paid by you or debited from your credit card for the goods. |
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| 2.5 |
In addition to the price, you will be required to pay a delivery charge for the goods, as shown or detailed on the Supplier's website. |
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| 2.6 |
The price of the goods, delivery charges and any installation services you order are inclusive of VAT. |
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| 2.7 |
It is your responsibility alone to check the dimensions and size of any items ordered from the Supplier. |
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| 3 |
Payment |
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Payment for the goods, delivery charges and any installation services can be made by any method shown on the Supplier's website at the time you place your order. |
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| 4 |
Delivery |
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| 4.1 |
The goods you order will be delivered to the address you give when you place your order. We will not be responsible if we deliver to the address provided and you inform us it is the wrong address. In this instance you will have to arrange the delivery of goods to your destination of choice at your own cost. If you want us to arrange this there will be a charge. If you decide you want to return the goods then you will have to pay the full cost of the return.
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| 4.2 |
If delivery cannot be made to your address, the Supplier will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for delivery. |
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| 4.3 |
The supplier will not be liable to return the goods if on delivery the product does not have access into the property. You will have to return the goods to us or be charged if we have to arrange the goods to be returned (see point 5.5 below)
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| 4.4 |
Delivery is to your room of choice only. If there is no one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods. If the goods cannot physically be delivered to that room delivery will be deemed good at your outer door. |
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| 4.5 |
Every effort will be made to deliver the goods as soon as possible after your order has been accepted, and in any event within 30 days of your order. However, the Supplier will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible. |
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| 4.6 |
If you feel there might be a manufacturing fault after you have signed for the goods has undamaged on delivery then you will be responsible to return the goods to us for inspection. After inspection if agreed by the manufacturer that there is a manufacturing fault then a replacement will be sent out free of charge. |
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| 4.7 |
You will become the owner of the goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to you. |
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| 4.8 |
If the goods are delivered and you refuse delivery on the assumption of damage it is in your interest to take clear photographic evidence if a dispute does occur with the manufacturer. The goods will be taken back to the manufacturer for inspection and if the manufacturer deems there to be no damage then you will have to pay for the delivery costs back to your address or if you want a refund it will be minus the costs for the return delivery and administration time; costs will vary depending on distance of return delivery to the manufacturer and time spent resolving the case. If the manufacturer accepts there is damage then a replacement will be sent out straight away. |
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| 5 |
Your right of cancellation |
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| 5.1 |
You have the right to cancel the contract at any time up to the end of seven working days after you receive the goods (see below). A working day is any day other than weekends and bank or other public holidays. |
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| 5.2 |
You do not have the right to cancel the contract if the supply of installation services (as ordered by you) begins with your agreement before the end of the seven working day cancellation period. |
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| 5.3 |
To exercise your right of cancellation, you must give written notice to the Supplier by hand or post, fax or email, at the address, fax number or email address shown below, giving details of the goods ordered and (where appropriate) their delivery. |
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| 5.4 |
If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be wrapped properly. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. |
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| 5.5 |
If we collect the items, there will be a charge of £50 per item. The goods must be returned in the original packaging. Goods assembled will not be returnable. |
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| 5.6 |
Please note that unwanted mattresses are not returnable once opened due to health laws. We will send any returned mattresses back again if we believe they have been opened and/or used. |
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| 5.7 |
Once you have notified the Supplier that you are cancelling the contract and returned the goods in their original wrapping and in good condition, the Supplier will refund or recredit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. |
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| 5.8 |
If you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods. |
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| 5.9 |
You do not have the right to cancel the contract if the order is for audio or video recordings or computer software which have been unsealed by you, or for goods which by their nature cannot be returned or are liable to deteriorate or expire rapidly. The Supplier will notify you at the time your order is accepted if this applies. |
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| 5.10 |
Our Address for all Types of Returns is
Byerden Mill
Martin Street
Burnley,
Lancashire
BB10 1SH |
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| 6 |
Provision of Services |
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| 6.1 |
Information about the installation services is as set out on the Supplier's website at the time you place your order. |
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| 6.2 |
It is your responsibility to provide the Supplier with any information and instructions relating to the installation services that are necessary to enable the Supplier to provide those services in accordance with this contract. |
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| 6.3 |
If you fail to do so or provide the Supplier with incomplete, incorrect or inaccurate information, instructions or instructions (including dimensions) the Supplier reserves the right to cancel the contract by giving written notice to you or to make an additional charge of a reasonable sum to cover any extra work that is required. |
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| 6.4 |
If the installation services requested by you are not available for any reason beyond the Supplier's reasonable control, the Supplier will promptly notify you in writing or by email and endeavour to provide an alternative service which is reasonably acceptable to you, but if it is not able to do so the Supplier shall be entitled to cancel the contract or (if the Order has been accepted by the Supplier) cancel the contract, in which case the Supplier will promptly notify you in writing or by email and refund or re-credit to you any sum that has been paid by you or debited to your Credit Card for the installation services. |
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| 6.5 |
The installation services are supplied only for domestic and private use, and you agree not to use any of the installation services for any commercial purpose. |
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| 7 |
Warranty |
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| 7.1 |
All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply. This warranty does not affect your statutory rights as a consumer. |
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| 7.2 |
This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval. |
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| 7.3 |
If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify the Supplier in writing at the address, fax number or email address shown below. |
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| 7.4 |
The Supplier warrants to you that the installation services will be provided using reasonable care and skill and, unless the Supplier is prevented by circumstances beyond its reasonable control, in accordance with the details provided on the Supplier's website at the time of ordering. |
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| 7.5 |
The Supplier shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions (including dimensions) supplied by you which is or are incomplete, incorrect or inaccurate. |
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| 7.6 |
The Supplier shall not be liable to you for any unforeseeable loss or damages arising from the provision (or non-provision) of the installation services, including loss of profit or consequential loss or damage. |
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| 7.7 |
The Supplier shall not be liable to you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the installation services if the delay or failure was due to any cause beyond the Supplier's reasonable control. |
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| 7.8 |
To enable the Supplier to deal with any complaint that may arise relating to the installation services, you must provide full details of any complaint within [3 days] of the installation services being provided. |
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| 8 |
Data protection |
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| 8.1 |
The Supplier will take all reasonable precautions to keep the details of your order and payment secure, but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you. |
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| 8.2 |
The Supplier will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. The Supplier would like to notify you of products and offers that may be of interest to you from time to time, and if you would like to be notified of these, please tick the box below. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to the Supplier at the address, fax number or email address shown below. |
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| 9 |
General |
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| 9.1 |
These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract. |
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| 9.2 |
The Supplier may assign or sub-contract the carrying out of the installation services if this is necessary for operational reasons. |
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| 9.3 |
Nothing in the contract gives any right to any third party to enforce any provision under the Contracts (Rights of Third Parties) Act 1999 or otherwise. |
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