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Conditions of Sale

Definitions

Conditions Applicable

The Seller shall sell and the Buyer shall purchase the Products in accordance with any written or verbal 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 orders placed using the Seller’s electronic online ordering service, orders placed via the telephone, facsimile, written or other means. Any such orders will be subject in any case to these Conditions.

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

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 those provisions in question shall not be affected.

If the Seller is for any reason not able to supply the goods ordered by the Buyer then any sum paid by the Buyer will be refunded or re-credited to their account and the Seller will notify the customer at the address given by them in their order form and or via electronic mail. The refund will be made as soon as is possible and, in any event, within 10 days of the reason becoming apparent. The Seller will not be obliged to offer any compensation for disappointment suffered.

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 made immediately

Prices and Payment

The price of the Products shall be the price set out on the relevant page of this site at the date of order. In any event of any increase in the cost to the Seller of raw materials, labour, overheads, cost of delivery, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the contract upon written notice. If notice of price increase is given by the seller, the Buyer shall have the right to cancel the order. Notice of cancellation must be received in writing by the Seller within seven days of delivery of the notice of price increase to the Buyer. All charges will be clearly shown on the Order form. The total price is inclusive of any applicable value added tax.

Upon providing the Seller with details of the Payment Card and submitting the Order, the Buyer:

• confirms that the information contained within the Order is true and accurate and that the Buyer is duly authorised to use the Payment Card; and
• authorises the Seller to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to the Seller in accordance with these Conditions.

Goods will not be despatched until the funds have cleared in the Sellers account. If it is not possible to obtain full payment for the Goods from the Buyer’s account on delivery of the Goods, the Seller can cancel the Order or suspend any further deliveries to the Buyer.

The Products

The quantity and description of the Products shall be as set out in the Seller’s Order Acknowledgement.

The Seller 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 the Seller’s specification.

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

Measurements on all products are approximate and some variation may occur, particularly on hand made and rustic products. Please contact our Sales Team at sales@furniturethemes.com or on 01606 536262 for further information.

Please be aware that all furniture has variants of colour and we therefore cannot guarantee exact colour matches. Colour variation can also occur due to the different properties of computer display equipment being used to view the product

Furniture and products for self assembly are to be assembled by the Buyer unless prior arrangement is made with the Seller. These items are clearly marked on our website.

If Self Assembly Products are to be returned, they must be unused and in their original packaging and cannot be returned once assembled or part assembly has taken place.

Any shortages or damage to Self Assembly Products should be notified to our Customer Support Team. The replacement components will be supplied free of charge.

Other than where the Buyer acts as a Consumer the Buyer shall be deemed to have accepted the Products seven days after delivery to the Buyer. After acceptance, the Buyer shall not be entitled to reject Products which are not in accordance with the contract.

Warranties and Liability

All goods supplied by the Seller come with a manufacturer’s warranty of 12 months.

The Seller does not provide any warranty cover against defects in his own right.

The Buyer shall provide the Seller with any information as is required to claim under the manufacturer’s warranties. This may include providing photographic evidence. In the event of a claim, the Buyer shall first contact the Seller’s Customer Support Team. Please contact customerservices@furniturethemes.co.uk or call 01606 536262.

Except where the Buyer acts as a Consumer all other warranties, Conditions and Terms relating to fitness for purpose, satisfactory quality or condition of the Products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.

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
• to refund to you any sums actually paid by you for the goods in question.

The Seller 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 affects your Statutory Rights as a Consumer.

Delivery

Delivery times for Carrier Deliveries are Monday to Friday 8.30am to 5.30pm. Both Carrier and Courier delivery times exclude Public Holidays. Deliveries at other times are possible by prior arrangement but may incur a surcharge.

Delivery of the products shall be made by the Seller or his agent notifying the Buyer that the products are available for delivery to such place as the Buyer may specify at the time the order is placed.

The Seller shall use his reasonable endeavours to meet any date agreed for delivery.

The Seller shall not be liable for any delay in delivery howsoever caused.

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

The Seller is currently unable to deliver directly to Northern Ireland, the Isle of Man, the Isle of Wight, the Scottish Islands and the Channel Islands. However we can deliver to a nominated GB port, at our standard delivery rate for that area. The Seller shall deliver the goods suitably packaged and in good condition to the forwarding carriers. The Seller will not be held responsible for damage that occurs thereafter. Onward shipping from that point is the responsibility of the Buyer.

The Seller can offer a part delivery option in certain circumstances, but an additional delivery charge will apply.

Where a Delivery Date has been agreed with our carrier but the Buyer is not present to receive the delivery, we reserve the right to charge the customer the delivery charge to cover part of the cost of the failed delivery.

Upon delivery an adult must be available at the address to check and acknowledge receipt in a safe and satisfactory condition.

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.

Any damages, shortages or discrepancies must be notified in writing to our customer services department within seven days of receipt.

Returns and Cancellations

If the Buyer wishes to cancel their purchase for any reason, they must do so in writing by e-mail or letter. E-mails should be sent to customerservices@furniturethemes.co.uk . Letters should be sent to Furniturethemes, 19 Dukes Way, Northwich, Cheshire, CW9 8WA

An order may be cancelled at any time between the placement of the order and seven working days following delivery of the goods for a full refund, providing all goods are returned to us in the same condition they were at the time of delivery and in their original packaging. The only exception to this rule is we are unable to accept the return of bespoke or make to order furniture.

The following ranges are made to order and therefore we do not offer a full refund: Mottisfont. In the case where a customer would like to cancel an order for the Mottisfont range we will refund the customer 80% of the order amount. The remaining 20% will not be refunded and will be passed on to the manufacturer as a re-stocking fee for the products.

If the Buyer is dissatisfied with his purchase for any reason he may, within seven working days of delivery, he must contact the Seller’s customer service department to notify them that he wishes to return some or all items from his order. The Seller will then arrange to collect the goods and the Buyer will be charged £45 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 the Buyer and in their original packaging or similar. The Seller is unable to collect goods delivered to an address outside of mainland UK. The cost of returned deliveries from outside of mainland UK must be paid by the Buyer.

Any monies which have been paid will be refunded within 30 days provided that the Seller receives the goods in the same condition they were in at the time of delivery. Items which are not adequately packaged at the time of collection will not be collected and a charge levied by the carrier to cover the cost of a failed collection.

For items of upholstery there is a 50% cancellation/returns fee unless the order is cancelled within 7 days of placement.

For items that are specially commissioned or ordered in non standard sizes and/or colours, payment is required in full when placing the order. These items can not be cancelled or returned.

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.

General

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 the Seller’s 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.

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 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 to the Seller.

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

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.

The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers 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.

Registered address:

VerveX Limited
19 Dukes Way
Northwich
Cheshire
CW9 8WA

Company Registration No.: 6896858

VAT Registration No.: 974 6471 77

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.