Terms and Conditions
1. DEFINITIONS
1.1 In these conditions, the following words and phrases shall have the meanings ascribed to them below:
1.1.1 "Customer" means the person or party who purchases the Products from the Seller;
1.1.2 "Seller" means Gym4Kids is a trading name of FURNIITURE LTD company registration number 12854206 whose registered address is 20 Kelsey Court 15 Montmorency Gardens N11 1FG London.
1.1.3 "Contract" means any contract between the Seller and the Customer for the sale and purchase of the Products, subject to and incorporating these conditions;
1.1.4 "Products" means any Products agreed in the Contract to be supplied to the Customer by the Seller (including any part or parts of them).
1.1.5 "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.1.6 "Delivery date" means the date specified by the Seller when the Products are to be delivered.
1.1.7 "Price" means the price for the Products including delivery, packing and VAT.
1.1.8 "Delivery Place" refers to the delivery address as specified by you, the Buyer, in the Order.
1.1.9 "Order" refers to your offer, as the Customer, to purchase Products that you place with furniiture.co.uk.
2. ORDER PROCESS
2.1. All Orders placed by the Customer are subject to final acceptance by the Seller.
2.2. The Customer must ensure that the details that he provides to the Seller are complete and accurate and that he provides all the necessary information relating to the Supply of the Products within sufficient time to enable the Seller to perform the Contract in accordance with these Conditions.
2.3. No contract for the sale of any product will subsist between the Customer and the Seller unless and until the Seller accepts the Customer Order by way of an email confirming that it has received payment in full for all the Products the Customer have ordered, and that the Products have been shipped to the specified address.
2.4. Every purchase the Customer makes shall be deemed performed in the United Kingdom. The law of the United Kingdom shall govern every aspect of the contractual agreement concerning purchases made from this website.
2.5. Any typographical or clerical 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 without any liability on the part of the Seller.
2.6. If there are any changes to the details supplied by the Customer it is the Customer's responsibility to inform the Seller as soon as possible.
2.7. The Seller reserve the right not to process the Customer Order if:
2.7.1. The Seller has insufficient stock to deliver the Products you have ordered;
2.7.2. The Seller do not deliver to the Customer area; or
2.7.3. One or more of the Products ordered were listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
2.8. If the Seller does not process the Order for the above reasons, the Seller will notify the Customer by email and will re-credit to the account any sum deducted from the credit/debit card as soon as possible, but in any event within 14 days.
3. DESCRIPTION
3.1. Photographs provided on the website are for illustrative purposes only and may not exactly match the Product itself.
3.2. Measurements produced on our website are for guide purposes only and may not be taken as exact.
4. PAYMENT
4.1. The Seller will not pass on the Customer's personal or credit or debit card details to any third party.
4.2. If the Products ordered by the Buyer are not available or discontinued and the Seller is unable to deliver them to the Buyer within 60 days (or any other time limit agreed by the parties), the Seller shall inform the Buyer of this; cancel the Contract; and reimburse any sums paid by the Buyer (or which has been paid on the Buyer's behalf) under the Contract to the person by whom payment was made no later than 30 days after the due date for delivery of the Goods under the Contract. The Seller will not be obliged to offer any compensation for the disappointment suffered.
4.3. The Contract price for the supply of Products shall be as set out in the Confirmation. In the event of any increase in the cost to the Seller of raw materials, labour, overheads, 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 Customer shall have the right to cancel the Order and receive back any sums they have paid. Notice of cancellation must be received in writing by the Seller within seven days of delivery of the notice of price increase to the Customer.
5. DELIVERY
5.1. The Seller delivers free of charge within the Greater London area.
5.2. The Products the Customer orders will be delivered to the address specified in the Order unless otherwise agreed in writing by the Buyer and the Seller.
5.3. The Customer Order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate.
5.4. Where the Customer has requested a pre-call for delivery and does not answer the phone leading to delivery failure, there will be a charge of minimum charge of £45 for redelivery.
5.5. The Seller will not be liable for any direct, indirect or consequential loss, cost, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products.
5.6. The Customer will become the owner of the Products ordered when they have been delivered. Once Products have been delivered to the Customer they will be held at your own risk and the Seller will not be liable for their loss or destruction.
5.7. Where a delivery date has been confirmed with the courier and the Customer is not present, the Seller reserves the right to charge the Customer a minimum of £45 to cover the cost of the failed delivery.
5.8. The products could be delivered by a one-man logistics company. The services used will only deliver the ordered items to the front door of the designated delivery address. This means that if the Customer resides in an apartment or a block of flats, the delivery driver will deliver to the lobby of the building only.
5.9. Please understand that the logistics companies are not insured to enter private premises.
5.10. Please be aware that if you purchase a product and require assistance with the positioning of the product, you must arrange the assistance yourself.
5.11. If the Customer has any specific delivery requirements the Customer should contact the Seller by email prior to ordering to confirm the Seller can meet the requirements.
5.12. All Products must be signed for, the Seller / contracted deliverers are unable to deliver to unattended premises or outside of the Customer addresses.
5.13. The Seller does not accept any blame or liability for Customers removing or disposing of old furniture prior to delivery. The Seller does advise that Customers only dispose of old Products after acceptance of the new Products being delivered.
5.14. If the requested delivery address is a new or difficult to locate property and does not show up on a Google Map, the Customer must, in writing, provide necessary directions to the property. Failure to do this may lead to the failure of the delivery. The Seller will not be held responsible for any failed deliveries that have derived through a lack of directions or incorrect directions provided by the Customer. If the delivery is rejected there will be a £40 minimum charge.
5.15. The Seller / contracted deliverers will not remove existing pieces of furniture to help make room for newly delivered products. Likewise, old pieces of furniture will not be taken away.
5.16. The Customer must take the responsibility to organize the removal and disposal of unwanted furniture.
5.17. Please be aware of health and safety issues delivery drivers are unable to remove their shoes when delivering products to Customer's houses. If the Customer needs to protect flooring the Customer should make sure an adequate cover has been placed on the floor prior to the delivery driver arriving.
5.18. Both the Seller / the contractor and the personnel of the Seller / the Contractor will not accept liability for any damage both to the delivered product and to the Customer's property, (including all types of fixtures, fittings and building structure), whilst assisting the Customer with the delivery to the room of choice. The Customer must solely take responsibility for this action. Any consequent damage should fall under the Customer's household insurance.
5.19. The Seller contracted deliveries will not set up your item, the Product will be assembled by the representative of the company who carries out the assembly service.
5.20. In the unfortunate case of items that do not fit into their intended location i.e beds or furniture not going up the stairs. The Customer will have the option to either accept the delivery or make their own arrangements to relocate the Products or to reject the delivery. If the delivery is rejected the Seller will charge a minimum delivery fee of £40 for the Products to be returned back to the warehouse.
5.21. When ordering multiple items, the delivery may be made by several different vehicles at separate times.
5.22. When opening packaging please make sure all parts have been removed before disposing of the excess packaging. The Seller cannot replace missing parts free of charge if the Customer has disposed of them by accident.
6. CANCELLATION
6.1. In accordance with the Regulations the Customer has the right of cancellation
within 14 days from the day, the Customer receives the Product except where a Product is tailored to the Customer requirements and without fault.
6.2. The Customer is responsible for returning the Products to the Seller at the Customer's own cost.
6.2. To exercise the Customer's right of cancellation, the Customer must give written notice to the Seller by email giving details of the Products ordered and (where appropriate) their delivery.
6.3. Once the Seller has been notified of the cancelling of the Contract, the Seller will refund or re-credit the Customer within 30 days for any sum that has been paid or debited from the Customer 's credit card for the Products.
6.4. If the Customer does not cancel the Contract in accordance with clauses 6.1 and 6.2, the Customer shall be deemed to have accepted the Products (except any manufacturing faults) and will not be liable to return the Products to the Seller.
6.5. If the Seller has delivered the Products to the Customer but the Customer wants to cancel the Contract, the Customer must retain possession of the Products until the cancellation notice has been sent to the Seller within the relevant time limit. The Products can not be used. The Customer must take reasonable care to ensure that the Products are not damaged in the meantime or in transit and return then in the packaging and condition they were delivered to the Customer.
6.6. Any items the Customer wishes to return must be available for collection in the same manner it was delivered. Any flat packed items must be disassembled if already assembled by the Customer and returned in its original packaging. The Seller contracted couriers only offer a delivery and collection service and are not able to dismantle any type of product prior to collection.
7. RETURNS
7.1. It is strictly down to the Customer to return all unwanted Products at a cost to themselves.
7.2. Once the Customer has notified the Seller that the Customer is cancelling the contract, and the Seller has either received the Products back, the Seller will refund any sum debited within 14 calendar days.
7.3. The Seller may make a deduction from the Customer refund for any loss in the value of the Products supplied if the loss of the Products is due to them not being adequately packaged for the return collection.
7.4. The Products must be returned in the original packaging. Mattresses can not be slept on and bed frames can not be part or fully assembled if the Customer is cancelling or returning the Products.
7.5. Should Product be lost during transit when it is being returned because of no fault of the Seller, the Customer will not be liable for a refund.
7.6. The Seller advises that all returned Products from the Customer are returned via a trusted service which will insure them to the full value of the Products should they become lost/ damaged during transit, as the Seller will not be held responsible.
7.7. Should the Customer fail to comply with these Terms & Conditions, the Seller has the right to refuse return. The Seller will only issue a refund for returned/ unwanted Products from Customers who follow these procedures.
7.8. By law, the Seller is NOT liable for offering the Customers who are Ordering on a business to business basis a 14 day cooling off period. In such cases where the business Customer wishes to cancel/ return unwanted Products, the Customer MUST contact the Seller by email to discuss the return procedure and the cost(s) in which will be incurred to the business Customer.
8. WARRANTIES AND LIABILITIES
8.1. The Customer provides written notice of the defect within 7 days of the time the Customer discovers or ought to have discovered the defect, and the Seller is given a reasonable opportunity after receiving the Customer’s notice of defect to examine the Products in question.
8.2. The Seller shall not be liable for a breach of the warranty if:
8.2.1. The Buyer makes further use of such Products after giving notice of the defect to the Seller.
8.2.2. The defect arises as a result of fair wear and tear, wilful damage, negligence, misuse, abnormal working conditions or failure to follow our oral or written instructions as to the storage of use of the Products.
8.2.3. The Customer alters or repairs such Products without our written consent; or
8.3. The Seller will not be responsible for the collection or disposal of any exchanged / faulty Products unless otherwise notified in writing. If the Products are required back then the Customer must make as much effort to package the Products ready for collection.
8.4. The Seller is a reseller and not a manufacturer of the Products. In this respect and to the fullest extent permissible by law, the Seller is unable to offer any express warranties of any kind whatsoever in respect of the Products.
8.5. All products purchased from the Seller are supplied with the standard manufacturer warranty. The warranty is valid for domestic use only and not covered for the event of use within a commercial environment.
8.6. Products which are found to be defective following delivery shall be dealt with by the Customer in accordance with any subsisting manufacturer's warranty. For the avoidance of doubt, this may mean that the Products are repaired as opposed to replaced and must be returned directly to the manufacturer as opposed to the Seller.
8.7. The Seller will only be liable for direct loss up to a maximum total of the price of the Product or service purchased in respect of any claim. If your product develops a fault whilst under warranty, please refer to your manufacturer's warranty.
9. FORCE MAJEURE
9.1 The Seller will not be liable for any breach of agreement, for delay or failure to perform if the delay or failure is due to acts of God, civil commotion, riots, floods, drought, fire, legislation or other cause beyond the reasonable control of the Seller. This does not affect the Customer statutory rights.
10. MISCELLANEOUS
10.1. It is a crime to use a false name or a known invalid credit card to Order. Anyone caught wilfully entering an erroneous
or fictitious Order will be prosecuted to the fullest extent of the law.
10.2. The Seller may amend these terms and conditions from time to time, and place the new version on the website. All purchases from the date that the amended terms are placed on the website onwards will be governed by those new terms.
10.3. These terms and conditions shall apply when Seller accepts the Order by email confirming that it has received payment in full for all the Products the Customer has ordered. They shall supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Seller and the Customer relating to the purchase. You are advised to read (and are responsible for reading) all information on this website fully.
10.4. The materials on the website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means without prior written consent. Any modification of the materials, use of the materials on any website or networked computer environment, or use of the materials without prior written consent for any purpose other than personal, non-commercial use is a violation of the copyright and trademark.
THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT AND THE DIGITAL MILLENNIUM COPYRIGHT ACT.