Terms and conditions for the Supply of Goods from our Website
YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 7.
In these terms “we” or “us” Living Home Furnishings Limited, a company registered in England and Wales with number 04499799 whose office address is Belle View Barn, Mansergh, Carnforth, Lancashire LA6 2EJ.
1 The contract between us
1.1 For interior furniture
This clause 1.1 only applies to orders of interior furniture as described on our website.
We must receive payment of a deposit of half of the price of the goods that you order before your order can be accepted. Once payment of the deposit has been received by us, we will confirm that your order has been accepted by sending you an email to the email address that you provided in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
The outstanding balance of the price of the goods will be charged to your card once we contact you to inform you that the goods are in stock and ready to be delivered. No deliveries of the goods will be arranged or made until we receive full payment for the goods.
1.2 For garden furniture, home accessories and gift items
This clause 1.2 only applies to orders of garden furniture, home accessories and gift items as described on our website.
We must receive payment of the whole of the price of the goods that you order before your order can be accepted. Once payment has been received by us, we will confirm that your order has been accepted sending you an email to the email address that you provided in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
1.3 To place an order on our website, please place the required items into your “shopping bag” and then proceed to our secure checkout. You will be asked for your contact details, a delivery address and your payment details. Once the payment has been taken and verified, then the checkout will provide an order confirmation. The order confirmation will also be sent by email to the address you provided in the order form.
1.4 Any samples, drawings or advertising we issue, and any illustrations contained in our catalogues, brochures or on our website are produced solely to provide you with an approximate idea of the goods they describe.
2.1 The price payable for goods that you order are as set out on our website and on our pricelist.
2.2 The prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay unless you have already paid for the goods in full before the change in rate of VAT takes place. Our VAT number is 134690608.
2.3 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out on our website and on our pricelist.
2.4 If you are ordering goods for delivery outside of mainland Great Britain (which means Northern Ireland, the islands and anywhere else in the world), please either order the goods from us in person or telephone us to place your order. We do not accept orders via our website for delivery to locations outside of mainland Great Britain.
2.5 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding order until you have paid the outstanding amounts.
3 Right for you to cancel your contract
3.1 Subject to clause 3.2, you may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay us anything except as provided for in clauses 3.4 and 3.5.
3.2 You cannot cancel your contract if the goods you have ordered have been custom made for you. We will notify you if the goods that you have ordered are bespoke and have been custom made for you.
3.3 To cancel your contract you must notify us in writing (either by post or email).
3.4 If you have received the goods before you cancel your contract then unless, under clause 3.3, you do not have a right to cancel you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
3.5 Once you have notified us that you are cancelling your contract, any sum debited to us from your debit or credit card will be re-credited to your account (or we shall otherwise reimburse you if you paid by other means) as soon as reasonably possible and in any event within 30 days of the date on which you tell us that you are cancelling your contract PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
4 Cancellation by us
4.1 We reserve the right to cancel the contract between us if:
4.1.1 we have insufficient stock to deliver the goods you have ordered;
4.1.2 we do not deliver to your area; or
4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
4.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your debit or credit card (or otherwise reimburse you if you paid by other means) as soon as reasonably possible but in any event within 30 days of the date on which we tell you that we are cancelling your contract. We will not be obliged to offer any additional compensation for disappointment suffered.
5 Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order, unless otherwise notified by you in writing.
5.2 Within 5 working days of your order we will write to you by email confirming acceptance of your order and give you a time estimate for the delivery of the goods. We will give you an order reference which should be used in all enquiries and correspondence with us.
5.3 Delivery will be made as soon as possible after your order is accepted. We aim for delivery within 6 to 8 weeks from the date of your order. Some of our more specialist items and bespoke items may take longer than this.
5.4 Delivery to Northern Ireland, the Highlands of Scotland and Scottish Islands usually takes a longer period of time but we aim for delivery within 10 to 12 weeks from the date of your order.
5.5 Delivery times are only an estimate and they are subject to change depending upon manufacturing output and freight delays and so delivery times cannot be guaranteed. The time for delivery of the goods is not a fundamental term of our contract with you.
5.6 If you fail to take delivery of an order within two weeks of the date on which we notify you that the goods are ready, then, except where this failure is caused by our failure to comply with these terms or by an event beyond your control:
(a) We will store the goods until delivery takes place and may charge you a reasonable sum to cover expenses.
(b) We will have no liability to you for late delivery.
5.7 If you have not taken delivery of the goods within four weeks of our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the goods and, after deducting reasonable storage and selling costs, account to you for any sums paid by you in excess of such costs or charge you for any shortfall.
5.8 If we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. 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. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment
6 Title and risk
6.1 Once the goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.2 Ownership of the goods will only pass to you when we receive payment in full of all sums due for the goods, including delivery charges.
7 Liability – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
7.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, please notify us as soon as possible after delivery. We ask that you provide us with photographs of the damaged or defective goods (if the problem is visible) and an explanation of the problem. If we are satisfied that the goods may be damaged, defective, of an incorrect quantity or are otherwise not in accordance with our contract with you, then at our option we will collect the goods on a date agreed between us or ask you to return the goods at our cost and once we have checked the goods are faulty, our only obligation will be:
7.1.1 to make good any shortage or non-delivery;
7.1.2 to replace or repair any goods that are damaged or defective; or
7.1.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
7.2 Subject to clause 7.3 and clause 7.4, if either of us fails to comply with these terms, 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.
7.3 Subject to clause 7.4, neither of us shall be responsible for losses that result from a failure to comply with these terms which fall into the following categories:
(a) loss of income or revenue;
(b) loss of profit;
(c) loss of business;
(d) loss of anticipated savings;
(e) loss of data; or
(f) any waste of time
However, this clause 7.3 shall not prevent claims foreseeable loss of, or damage to, your physical property.
7.4 Nothing in these terms 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.
7.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
7.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7.7 These terms 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 with our contract with you.
Unless otherwise expressly stated in these terms, all notices from you to us must be in writing and sent to our contact address at Living Home Furnishings Limited, Belle View Barn, Mansergh, Kirkby Lonsdale, Carnforth, Lancashire LA6 2EJ or our email address and all notices from us to you will be displayed on our website from time to time or sent to you by email. Our email address is firstname.lastname@example.org.
9 Events beyond our control
We will have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms will not be affected.
If we fail, at any time whilst these terms are in force, to insist that you perform any of your obligations under these terms, or if we do not exercise any of our rights or remedies under these terms, 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 shall be effective unless we say that it is a waiver and we tell you so in writing.
13 Third party rights
A person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14 Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.