WELCOME TO THE FURNITURE MAN WEBSITE
TERMS AND CONDITIONS
FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE BY
ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND
BY THESE
TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU
ACCEPT THESE TERMS
REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER
FROM US.
IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
This website is operated by:
Democles Investments Ltd.
Our contact details are as follows:
Trading address: Central Buildings
LLay Hall Industrial Estate
Cefn-y-Bedd
Wrexham
LL12 9YG
General email:
don@thefurnitureman.co.uk
Telephone number: 01978 762498
1. INTRODUCTION
1.1 You will be able to access most
areas of this Website
without registering your details with us. Certain areas of this Website
are
only open to you if you register.
1.2 We may revise these terms and
conditions at any time by
updating this posting. You should check this Website from time to time
to
review the then current terms and conditions, because they are binding
on you.
Certain provisions of these terms and conditions may be superseded by
expressly
designated legal notices or terms located on particular pages of this
Website.
If you do not wish to accept any new terms and conditions after we have
given
notice, you should not continue to use this Website.
2. ORDERING FROM US
2.1 You are deemed to place an order
with us by ordering via
our online checkout process. As part of our checkout process you will
be given
the opportunity to check your order and to correct any errors. We will
send you
an order acknowledgement, detailing the products you have ordered. You
may pay
for your order by cash on collection (not cheque), or by direct
transfer into
our bank account (details will be given to you of the account details).
2.2 Our acceptance of an order takes
place when we despatch,
or you collect, the order. We will send you a despatch confirmation by
email.
When we despatch the order (or you collect it), the purchase contract
will be
made even if your payment has been processed immediately, unless we
have
notified you that we do not accept your order or you have cancelled
your order.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain
authorisation for your payment;
(c) if there has been a pricing or
product description
error; or
(d) if you do not meet any
eligibility criteria set out in
our terms and conditions.
3. PRICING
3.1 All prices include VAT (where
applicable) at the current
rates. We reserve the right to express the price exclusive of VAT, but
we shall
show VAT separately and include it in the total price.
3.2 Where we charge separately for
packing, carriage and
insurance and other relevant charges, the appropriate rates are set out
in our
specified pricing structure shown elsewhere on this Website.
3.3 Our prices are reviewed regularly.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email here
don@thefurnitureman.co.uk
up to 7 days before we have
dispatched the goods to you (or
you are due to collect them); or
(b) where goods have already been
dispatched to you (or
collected by you), by returning goods to us in accordance with clause
4.2
below.
4.2 You can return goods you have
ordered from us for any
reason at any time within 7 days of receipt for a full refund or
exchange. The
costs of returning goods to us shall be borne by you and all goods must
be in
their original packaging and must be unopened and undamaged i.e. be
able to be
resold.
4.3 Upon receipt of the goods and
satisfactory inspection we
will give you a full refund of the amount paid or an exchange credit as
required.
4.4 The rights to return the goods to
us as referred to in
clause 4.3 will not apply in the following circumstances: -
in the event that the product has
been damaged or mistreated
to any products that have been made
or customised
specifically for you
The provisions of this clause 4.4 do
not affect your
statutory rights.
5. LICENCE
5.1 You are permitted to print and
download extracts from
this Website for your own use on the following basis:
(a) no documents or related graphics
on this Website are
modified in any way;
(b) no graphics on this Website are
used separately from
accompanying text; and
(c) any of our copyright and trade
mark notices and this
permission notice appear in all copies.
5.2 Unless otherwise stated, the
copyright and other
intellectual property rights in all material on this Website (including
without
limitation photographs and graphical images) are owned by us or our
licensors.
For the purposes of these terms and conditions, any use of extracts
from this
Website other than in accordance with clause 5.1 above for any purpose
is
prohibited. If you breach any of the terms in these terms and
conditions, your
permission to use this Website automatically terminates and you must
immediately destroy any downloaded or printed extracts from this
Website.
5.3 Subject to clause 5.1, no part of
this Website may be
reproduced or stored in any other website or included in any public or
private
electronic retrieval system or service without our prior written
permission.
5.4 Any rights not expressly granted
in these terms are
reserved.
6. SERVICE ACCESS
6.1 While we endeavour to ensure that
this Website is
normally available 24 hours a day, we will not be liable if for any
reason this
Website is unavailable at any time or for any period.
6.2 Access to this Website may be
suspended temporarily and
without notice in the case of system failure, maintenance or repair or
for
reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally
identifiable information, which is
covered under the Privacy Policy any material you transmit or post to
this
Website will be considered non-confidential and non-proprietary. We
will have
no obligations with respect to such material. We and our nominees will
be free
to copy, disclose, distribute, incorporate and otherwise use such
material and
all data, images, sounds, text and other things embodied therein for
any and
all commercial or non-commercial purposes.
7.2 You are prohibited from posting
or transmitting to or
from this Website any material:
(a) that is threatening, defamatory,
obscene, indecent,
seditious, offensive, pornographic, abusive, liable to incite racial
hatred,
discriminatory, menacing, scandalous, inflammatory, blasphemous, in
breach of
confidence, in breach of privacy or which may cause annoyance or
inconvenience;
(b) for which you have not obtained
all necessary licences
and/or approvals;
(c) which constitutes or encourages
conduct that would be
considered a criminal offence, give rise to civil liability, or
otherwise be
contrary to the law of or infringe the rights of any third party, in
the UK or
any other country in the world; or
(d) which is technically harmful
(including, without
limitation, computer viruses, logic bombs, Trojan horses, worms,
harmful
components, corrupted data or other malicious software or harmful
data).
7.3 You may not misuse the Website
(including, without
limitation, by hacking).
7.4 We will fully co-operate with any
law enforcement
authorities or court order requesting or directing us to disclose the
identity
or locate anyone posting any material in breach of clauses 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on
this Website are
provided solely for your convenience. If you use these links, you leave
this
Website. We have not reviewed all of these third party websites and do
not control
and are not responsible for these websites or their content or
availability. We
therefore do not endorse or make any representations about them, or any
material found there, or any results that may be obtained from using
them. If
you decide to access any of the third party websites linked to this
Website,
you do so entirely at your own risk.
8.2 If you would like to link to this
Website, you may only
do so on the basis that you link to, but do not replicate, the home
page of
this Website, and subject to the following conditions:
(a) you do not remove, distort or
otherwise alter the size
or appearance of any logos.
(b) you do not create a frame or any
other browser or border
environment around this Website;
(c) you do not in any way imply that
we are endorsing any
products or services other than our own;
(d) you do not misrepresent your
relationship with us nor
present any other false information about us;
(e) you do not otherwise use any
Furniture Warehouse trade
marks displayed on this Website without our express written permission;
(f) you do not link from a website
that is not owned by you;
and
(g) your website does not contain
content that is
distasteful, offensive or controversial, infringes any intellectual
property
rights or other rights of any other person or otherwise does not comply
with
all applicable laws and regulations.
We expressly reserve the right to
revoke the right granted
in this clause 8.2 for breach of these terms and to take any action we
deem
appropriate.
8.3 You shall fully indemnify us for
any loss or damage we
or any of our group companies may suffer or incur as a result of your
breach of
clause 8.2.
9. REGISTRATION
9.1 To register with
thefurnitureman.co.uk you must be over
eighteen years of age.
9.2 Each registration is for a single
user only. We do not
permit you to share your user name and password with any other person
nor with
multiple users on a network.
9.3 Responsibility for the security
of any passwords issued
rests with you and if you know or suspect that someone else knows your
password, you should contact us immediately.
9.4 We may suspend or cancel your
registration immediately
at our reasonable discretion or if you breach any of your obligations
under
these terms and conditions.
10. DISCLAIMER
10.1 While we endeavour to ensure
that the information on
this Website is correct, we do not warrant the accuracy and
completeness of the
material on this Website. We may make changes to the material on this
Website,
or to the products and prices described in it, at any time without
notice. The
material on this Website may be out of date, and we make no commitment
to
update such material.
10.2 The material on this Website is
provided “as is”
without any conditions, warranties or other terms of any kind.
Accordingly, to
the maximum extent permitted by law, we provide you with this Website
on the
basis that we exclude all representations, warranties, conditions and
other
terms (including, without limitation, the conditions implied by law of
satisfactory quality, fitness for purpose and the use of reasonable
care and
skill) which but for these terms and conditions might have effect in
relation
to this Website.
11. LIABILITY
11.1 We, any other party (whether or
not involved in
creating, producing, maintaining or delivering this Website), and any
of our
group companies and the officers, directors, employees, shareholders or
agents
of any of them, exclude all liability and responsibility for any amount
or kind
of loss or damage that may result to you or a third party (including
without
limitation, any direct, indirect, punitive or consequential loss or
damages, or
any loss of income, profits, goodwill, data, contracts, use of money,
or loss
or damages arising from or connected in any way to business
interruption, and
whether in tort (including without limitation negligence), contract or
otherwise) in connection with this Website in any way or in connection
with the
use, inability to use or the results of use of this Website, any
websites
linked to this Website or the material on such websites, including but
not
limited to loss or damage due to viruses that may infect your computer
equipment, software, data or other property on account of your access
to, use
of, or browsing this Website or your downloading of any material from
this
Website or any websites linked to this Website.
11.2 Nothing in these terms and
conditions shall exclude or
limit our liability for (i) death or personal injury caused by
negligence (as
such term is defined by the Unfair Contract Terms Act 1977); (ii)
fraud; (iii)
misrepresentation as to a fundamental matter; or (iv) any liability
which
cannot be excluded or limited under applicable law.
11.3 If your use of material on this
Website results in the
need for servicing, repair or correction of equipment, software or
data, you
assume all costs thereof.
11.4 You agree to indemnify us fully,
defend and hold us,
and our officers, directors, employees and agents, harmless from and
against
all claims, liability, damages, losses, costs (including reasonable
legal fees)
arising out of any breach of the terms and conditions by you, or your
use of
this Website, or the use by any other person using your registration
details.
12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall
be governed by and construed
in accordance with English law. Disputes arising in connection with
these terms
and conditions shall be subject to the exclusive jurisdiction of the
English
courts.
12.2 We do not warrant that
materials/items for sale on the
Website are appropriate or available for use outside the United
Kingdom. It is prohibited
to access the
Website from territories where its contents are illegal or unlawful. If
you
access this Website from locations outside the United
Kingdom, you do so at your
own risk and you
are responsible for compliance with local laws.
13. MISCELLANEOUS
13.1 You may not assign, sub-license
or otherwise transfer
any of your rights under these terms and conditions
13.2 If any provision of these terms
and conditions is found
by any court of competent jurisdiction to be invalid, the invalidity of
that
provision will not affect the validity of the remaining provisions
which shall
continue to have full force and effect.
13.3 Only the parties to these terms
and conditions may seek
to enforce them under the Contracts (Rights of Third Parties) Act 1999.