Terms and Conditions
By using the website www.simplyfurnishing.co.uk (here forth referred to as “the Site”, "we", "us" or "our") you are agreeing to the terms and conditions (here forth referred to as “the Terms” or “this Agreement”) set out below which apply to the use of both the website and the products offered through it. A reference to a “product” here forth refers to any item purchased or available for purchase through the site. These Conditions apply to all products and services provided by the the Site to any customers or users of our site (here forth referred to as “the Customer” or “you”) and prevail over the conditions of business of any of our suppliers. The Site reserves the right, at its discretion, to refuse service to any Customer without justification.
1. YOUR OBLIGATIONS
1.1 These terms and conditions apply to usage of the Site in any capacity and all purchases made through it. Use of the Site and any purchase from it is subject to the terms of this agreement.
1.2 The terms of this agreement are subject to change and we reserve the right to modify them at any time and without notice. If you place an order at any time after we have published any amendments or additions, you will be bound by those changes. Accordingly, you should check prior to each purchase to ensure that you understand the precise terms and conditions applicable to your purchase. Continuing use of the Site and any subsequent purchase will constitute acceptance of the existing terms and conditions.
1.3 You may not make any change or alteration to the Site or any content or products that may appear on the Site and may not impair in any way the integrity or operation of the Site.
1.4 Without limiting the generality of any other provision of these Terms, if you default negligently or willfully in any of the obligations set forth in these Terms you shall be liable for all the losses and damages that this may cause to the Site, our affiliates, partners or suppliers.
1.5 We are unable to offer any assurance as to the mutual compatibility of components sold on any single invoice. It is the responsibility of the buyer to ensure that the goods purchased are suitable for the intended purpose. This clause does not affect your statutory rights.
2.1 No contract is formed between you and the Site until you receive confirmation that your order had been accepted and payment taken.
2.2 The goods advertised on the Site are subject to availability but we will always endeavor to update the website to reflect when our Products have sold out. However, we can accept no responsibility for the Product ordered by you being unavailable and will issue you with a full refund in respect of that particular Product(s). In such circumstances we will contact you to inform you and may suggest equivalent products that you might wish to purchase.
2.3 Every effort is made to ensure that prices shown on the Site are accurate at the time you place your order. If an error is found, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or canceling your order. In the event we do not receive an order confirmation within 7 days of informing you of the error, the order will be cancelled automatically and your money refunded.
2.4 Payment for the goods inclusive of delivery charges may be made through any of the options displayed on the website at the time you place your order. Full payment will be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle us to terminate the contract immediately.
2.5 Credit notes must be used within three months of the date of issue. Any credit notes over six months old are invalid and will be removed from the customer's account.
3.1 It is the Customers responsibility to ensure that the address provided is done so in full and accurately, failure to do so may lead to an inability to deliver the products on time and you may be required to pay an additional fee for re-delivery.
3.2 Orders placed before 3.00 pm on a working day will be processed and dispatched within 3 working days and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
3.3 Failure to take delivery due to a cancellation of the contract under the Distance Selling Regulations will result in us issuing you with a refund within 30 days.
3.4 If the goods are returned for a refund, the cost of delivering the items back to us will be borne by you. All refunds will be issued within 30 days of receipt of the returned items. Failure to return the items may result in extra charges to cover our efforts to recover the items.
3.5 In the event that you require us to an address to one other than the one specified when placing the order, we will endeavor to meet your demands but this may be subject to an additional delivery charge.
3.6 Every effort will be made to deliver the goods on the day specified at the time of order. However, we can not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, we will inform you as soon as possible. Whilst every effort shall be made to keep any delivery date, time of delivery shall not be of the essence. The Company shall not be liable for any consequential loss incurred by the buyer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
3.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as 'UNCHECKED'. This does not affect your rights as a consumer but may assist us in pursuing a future claim against our courier company.
3.8 Delivery charges are calculated by value and/or weight. There will also be additional delivery charges for offshore destinations such as Orkney & Scilly Isles (Please review delivery table for all Postcodes affected).
4.1 If you are not satisfied with any product you have purchased from us, you may return the Product to us and obtain a refund of the price of the returned product entitlement if you contact us within 7 Working Days, following the day of delivery of the product.
4.2 To exercise your right of cancellation, you must give written notice to us by hand, post or via email , giving details of the goods ordered and, if relevant, their delivery. Notification by phone is not sufficient. Once notification is received and confirmation given, you will receive your refund within 30 days of the goods being returned.
4.3 In the event of a cancellation, failure to return the goods when requested to do so may result in additional charges to not exceeding the direct costs of recovering the goods.
4.4 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to us at your own cost. The goods must be returned to the address shown within the RMA section of the website.
4.5 In the case of faulty or misdescribed goods we shall, after receiving notification, either collect the goods from you or ask you to return the goods yourself and refund you reasonable delivery costs.
4.6 Please note that while the products remain in your possession you are under a duty to ensure that the products are kept safe and secure. When returning products to us for a refund, you remain responsible for the products until they reach us so we encourage you to obtain appropriate postal insurance to protect you from damages in the event they are damaged in transit.
4.7 If the returned goods received by us are not in a saleable 'as new' condition, then we reserve the right to make a charge for downgrading a product to a price that is less than that charged for the goods if sold as new. This charge will vary according to the condition of the returned goods. This does not affect your statutory rights.
5.1 All products we sell are warranted free from defects for 12 months from the date of supply (unless otherwise stated). If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify us as soon as possible. This warranty does not affect your statutory rights as a consumer.
5.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than as recommended by us or the manufacturer, failure to follow our or the manufacturer's instructions, or any alteration or repair carried out without our prior written approval.
5.3 If the goods supplied to you are damaged or any item missing/incomplete on delivery, we request you notify us within 48 hours. For this reason we encourage all Customers to inspect the item on arrival, regardless of it’s intended purpose or the timeframe of it’s intended purpose. This does not affect your statutory rights.
5.4 If a product that was faulty at the time of sale is returned to the retailer, the buyer is legally entitled to a full refund, if returned within 7 days of the sale or if this 7 day period has lapsed, a replacement product or partial refund (to the value of the replacement) will be offered.
5.5 Items purchased from clearance or sold at a special price as end of line or for other reasons that prevent them from being sold as new are sold with a 30 day warranty only. These items may be second user, refurbished or discontinued stock. We ensure all our items are fit for purpose by these items may be missing drivers, manuals, cables and accessories. Packaging, if supplied, may not be in new condition.
5.6 Any items which are returned under the warranty and are found to be in a working condition will be charged a testing fee of £25 or 10% of the value of the goods, whichever is the greater.
5.6 Your statutory rights as a consumer which are protected by Consumer regulations including the following The Trade Descriptions Act 1968, The Sale of Goods Act 1979, The Supply of Goods and Services Act 1982, The Consumer Protection Act 1987, The Unfair Contract Terms Act 1997 and The Consumer Protection (Distance Selling) Regulations 2000.
6.1 You will not hold the Site, it’s owners or it’s employees either individually or collectively responsible for any loss you may incur as a result of us taking any of the actions described in these terms and any related guidance documentation.
6.2 There are no warranties, conditions or other terms that are binding on us except as expressly stated in the contract and any warranty, condition or other term concerning the products or services which might otherwise be implied into or incorporated in the contract by statute, common law or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded. In particular, the Site, it’s employee, owners and suppliers will not be responsible for ensuring that the products are suitable for your purposes.
6.3 Subject to clause 6.2, we will not be liable under the contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
6.4 Subject to clause 6.2, our maximum aggregate liability under the contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the products and/or services in question.
6.5 As a consumer, nothing in the contract shall limit or exclude our liability for breach of any term implied by statutory.
6.6 Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
7.1 The Terms and Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them.