1. Introduction
These terms and conditions (together with the documents (such as the Invoice / Order Confirmation) referred to in it) informs you of the terms and conditions on which we supply any of the goods or services linked to buying the goods listed on our website to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any goods from our website. By placing an order with us, you agree to be bound by these terms and conditions. Please note that these terms and conditions do not apply to trade sales.
2. Invoice / Order Confirmation
We intend to rely upon these terms and conditions and any documents (such as the Invoice / Order Confirmation) expressly referred to in the terms and conditions in relation to the subject matter of any Contract formed between us in accordance with clause 3 below. Please make sure you ask for any variations from these terms and conditions to be confirmed in writing. If you are unable to accept these terms and conditions, your order will not be accepted by us.
3. How the contract is formed between you and us
3.1 Your order constitutes an offer to us to buy goods and services linked to buying the goods (Order). All Orders are subject to acceptance by us, which we are free to accept or decline at our absolute discretion. We will confirm our acceptance of your Order by sending you an e-mail confirming our acceptance (Order Confirmation). The contract between us will only be formed when we send you our Order Confirmation.
3.2 We shall assign an order number to the Invoice / Order. Please quote the Invoice / Order number in all subsequent correspondence with us relating to the Order.
3.3 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, technology, payment methods, relevant laws and regulatory requirements and/or in our system’s capabilities. You will be subject to the policies and terms in force at the time that you order the goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
4. Cancellation
4.1 Should you wish to cancel and/or amend your order you should contact The Repro Furniture Company. This provision does not affect your other statutory rights as a consumer. Advice about your legal rights is available from your local Citizen Advice Bureau or Trading Standards office.
4.2 Subject to clause 4.8 you can cancel your order by notifying us in writing / email or by phone (not text message) at anytime from placing the order up to the expiry of 14 working days starting the day on which the goods are delivered.
4.3 Should you cancel your order in accordance with the provisions of clauses 4.6 once it has been delivered, we will collect such goods.
4.4 We will charge for collection of the goods that we collect under the provisions of clause 4.3 above. The collection cost will depend on the nature of the goods and where and when it is to be collected from. This cost will be notified to you in advance. In any event the goods will remain your responsibility until we collect them. You should also be aware of the following obligation:
Any collection will be from the delivery address, and we will agree with you a suitable day for collection. If you are not going to be available for collection yourself, you must notify us in advance of a nominated adult who will be present for the collection. You must ensure that on the day of collection the access to the goods is clear and free from obstruction. If you are not available or the access is not clear and free of obstruction then we will not collect the goods. We do not accept any responsibility for damage to your property during collection other than damage due to our negligence when our liability is limited to the repair of that damage with no element of betterment.
You have a statutory duty to take reasonable care of the goods. If you breach this duty we have a right of action against you. Please ensure you return the goods with the original packaging. If the original packaging is not available, then please ensure any items to be returned are packaged in a suitable and sufficient manner so as to ensure that there is no risk of damage in transit. Our carriers will not collect items that haven’t been fully wrapped, and will only collect from over the threshold of the premises. They are not required to carry items up or down stairs or to or from other parts of the premises.
4.5 In the event that you do not comply with the above obligations, we may require payment from you of all costs reasonably incurred by us which may include but is not limited to wasted collection journeys or the cost of any goods which you have damaged or lost.
4.6 If you wish to return the goods to us:
(a) because you have cancelled the contract between us under the terms of the Distance Selling Regulations, we will process the refund due to you as soon as possible and within a maximum of 30 days from the day on which you gave us notice of cancellation. In such cases, we will refund the price of the product in full, although for the avoidance of doubt we shall be entitled to retain the collection charges we incur in collecting the goods (currently £72).
(b) for any other reason (for instance, because you consider the goods are faulty), we will discuss the issue with yourselves and, if necessary examine the returned goods. Should we agree the goods are faulty, and we have no available item to exchange it with, we would reserve the right to discuss with you whether it would be more appropriate to repair the goods in question. Should we agree with you that the goods should be returned and you should obtain a refund, we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of the goods in full, any applicable delivery charges and not charge you any collection charge for collecting the goods from you.
4.7 We will refund any money received from you using the same method originally used by you to pay for your purchase.
4.8 The provisions of clause 4.2 will not apply to any goods which:
(a) are mattresses, which are only returnable if damaged and we have no replacement. These should be unused, and notification of damage must be the same day of receipt of the mattress.
(b) are bespoke and made to your specification or to special order and you will not have a right to cancel the goods, or return the goods once delivered unless the goods are faulty so please carefully consider your decision to place your order before doing so.
(c) We do not accept bed frames back that have had the specified weight limit exceeded. Please read our FAQ section for more information on weight limits.
5. The Goods
5.1 We will take reasonable steps to pack the goods properly and to ensure that you receive your order in good condition.
5.2 We will not be responsible for any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the goods in a way that we or the manufacturer do not recommend, your failure to follow our or the manufacturer’s instructions, or any alteration or repair you carry out without our prior written approval.
5.3 These terms and conditions apply to any repaired or replacement goods we supply to you in the unlikely event that the original goods are faulty or do not otherwise conform to these terms and conditions.
6. Product Specification
6.1 Any photographs, samples, sizes and/or product description or advertising we issue, and any illustrations contained in emails or on our website are produced solely to provide you with an approximate idea of the goods they describe and/or are representative of the finished product. Sizes quoted are intended as a guide only and may vary from one item to another.
6.2 Your order is unique to you and will be supplied in accordance with the instructions and specification as detailed in our Invoice / Order Confirmation. Every effort will be made to match all colours and finishes. Notwithstanding this all goods are purchased and supplied, on the understanding that there may be slight dye, shade and grain variations, particularly with natural products such as wood and leather. Leather products are made from quality hides and may not be uniform in colour or texture and will show natural marks and scars. Colours may also change with age and exposure to sun and other climatic conditions.
6.4 Occasionally we may supply goods with minor differences in specification due to circumstances beyond our reasonable control. Should this be the case any differences will result in the goods being of an equal or improved standard, and it will not affect your rights under the law, and the quality coding and guarantee will continue to apply.
7. Delivery
7.1 All delivery times quoted at the time of order are estimated and so cannot be guaranteed. Whilst we will make every effort to deliver within the estimated delivery time, occasionally deliveries may be affected by factors beyond our control. We will deliver to the delivery address stated in the order and confirmed by us in the Invoice / Order Confirmation. Should you wish to change the delivery address from the address given in the order and confirmed by us in the Invoice / Order Confirmation then you must have notified us and have obtained our agreement by phone or email to any change in delivery address prior to any delivery taking place. This cannot be managed by the carriers and can only be authorised by ourselves.
Within the UK mainland, approximate delivery times from date of receipt of payment are 10 working days except for: Scotland, Cornwall and Devon which may take an extra 5 working days.
7.2 Our carriers will contact you a few days in advance where applicable to arrange delivery. We will offer you an initial delivery slot but if this is not acceptable we will offer you a maximum of two reasonable alternatives. We reserve the right to charge a storage charge in the event you do not reasonably accept delivery.
7.3 We deliver within the UK mainland only.
7.4 A delivery charge will apply on all orders below the prevailing carriage free value at time of ordering. The amount is variable depending on the order and is made clear at the point of order, and will be contained on our Invoice / Order Confirmation.
7.5 Where you have ordered multiple goods from us we may need to make more than one delivery to you. This is particularly the case where goods are delivered directly from the supplier. Where this is necessary we will not charge you extra delivery costs for this. If you ask us to deliver the order in instalments, we may charge you extra delivery costs.
7.6 Delivery of the order shall be completed when we deliver the goods to you.
7.7 We do not hold or store goods, therefore if you fail to accept the reasonable delivery dates offered to you, then, except where this failure is caused by our failure to comply with these terms and conditions or by an event beyond our control;
(a) We will store the goods until delivery takes place and may charge you a reasonable sum currently £30 per week to cover expenses.
Any such charges must be cleared before delivery will take place.
7.8 Clause 7.7 will not apply where the goods are available before the delivery date detailed in the Invoice / Order Confirmation or as agreed with you where you have stipulated a not before date on your order, and which has been confirmed on the Invoice / Order Confirmation.
7.9 It is essential that you notify us of any possible restrictions to access into your home when placing your order. In particular you should consider vehicle access, lifts, and staircases.
7.10 We recommend that you do not dispose of your existing furniture until after our planned delivery date.
7.11 We deliver only over the threshold of any house/apartment, except when arranged separately within the order and confirmed in the Invoice / Order Confirmation. Any such arrangement may incur an additional charge that we shall advise to you.
7.13 You must also ensure on the day of delivery that access is clear and free of any obstruction. If you are not available or the access is not clear and free of any obstruction, then we will not deliver your goods. This will result in a re-delivery of your goods and a further delivery charge will be made.
7.14 Goods whether intended to be assembled by you or delivered fully assembled will not be unpacked at the point of delivery.
7.15 We do not accept any responsibility for damage to your property during delivery other than damage due to our negligence when our liability is limited to the repair of that damage with no element of betterment.
7.16 Please inspect the goods within seven days of receipt of them and notify us by email and/or phone of any problems relating to damage, colour variation or deviation from what you believed you were going to receive.
8. Title and risk
8.1 The goods will be your responsibility from the time of delivery.
8.2 Ownership of the goods will only pass to you when we receive payment in full of all sums due including delivery charges.
9. Price and payment
9.3 The price of the goods will be as quoted on our website. The delivery charge will be as set out in our product description.
9.4 All our prices include VAT.
9.6 Payment for goods must be by credit, debit card, PayPal or bank transfer. We no longer accept cheques.
10. Our liability
10.1 Subject to clause 10.2 and clause 10.3, if either of us fails to comply with these terms and conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms and conditions at the time we entered into the contract with one another.
10.2 We only supply the goods for domestic and private use. You agree not to use the goods for any commercial, business or re-sale purpose, and we have no liability to you for any consequential loss, loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 Nothing in this agreement excludes or limits in any way our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
12. Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
13. Transfer of rights and obligations
You may not transfer any of your rights or obligations under these terms and conditions.
14. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website or telephone sales system, you accept that communication with us will be mainly electronic. We will contact you by e-mail and text message. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.
15. General
15.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
15.2 If we fail, at any time while these terms and conditions are in force, to insist that you perform any of your obligations under these terms and conditions, or if we do not exercise any of our rights or remedies under these terms and conditions, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms and conditions shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
15.3 A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
15.4 These terms and conditions shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.
Cancellation by The Repro Furniture Company
We reserve the right to not accept an order if:
- We do not have the stock to fulfil an order.
- If we are unable to deliver your order
- If your payment was not authorised
- The item was incorrectly described or priced on the website
- If you have not complied with our terms and conditions of sale
Guarantee
Due to the hand made nature of our furniture, there will be variations in size, colour and design from one piece to another. Minor imperfections may also be present, but all of this adds to the character of the furniture and should not be regarded as faults. It is intended that as this is reproduction antique furniture that it has a slightly aged, though not distressed look and feel. Our furniture guarantee covers the structural integrity of our furniture and components for a period of 12 months against faulty or defective manufacture. This guarantee excludes issues arising as a result of normal wear and tear, improper care or accidental damage and applies only to the address to which it was originally delivered. Mattresses are not returnable.
Security
We take security very seriously indeed. All transactions on this website are conducted using industry standard 128 bit encryption for your complete peace of mind. To verify that you are shopping on a secure website online, check for the gold padlock displayed in the bar at the bottom of your web browser (Internet Explorer) or https//: at the start of the web address in your web browser.
Copyright
The contents of this website and all its images are copyright and may not be used without the express permission of The Repro Furniture Company.
Tax Charges
For orders made from the UK, VAT is included. Customers within the EU will not be charged VAT on condition that their VAT number is supplied prior to despatch to their designated shipper. If the customer does not have a VAT number and resides within the EU then VAT will be charged. Orders received from all other locations are VAT free, and this will be deducted from the transaction at time of payment/despatch.
Our Company
Repro Furniture Company is a trading name of Home & Gift Ltd. Registration number: 464 8338.
Registered office: 95, Oldham Road, Rochdale OL16 5QR