Terms & conditions - Crown French Furniture

 

1.               THESE TERMS

1.1             What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services. If you order goods or services from us then these terms apply.

1.2             Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. These terms may have changed from the last time you ordered with us and so please check them as the latest terms as at the time of your order will apply.

2.               INFORMATION ABOUT US AND HOW TO CONTACT US

2.1             Who we are. We are The Furniture Shacks Limited a company registered in England and Wales. Our company registration number is 14552933 and our registered office is at 145/147 Hatfield Road, St. Albans, Hertfordshire, United Kingdom, AL1 4JY.  Our registered VAT number is 432 2300 52.

2.2             How to contact us. You can contact us by telephoning, writing to or emailing our customer service team using the contacts on our Contact page.

2.3             How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4             "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3.               OUR CONTRACT WITH YOU

3.1             How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2             If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we do not consider that we can meet a delivery deadline you have specified.

3.3             Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4             We only sell to the UK through this site. This website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK through this website however if you do want to place an order from outside the UK, please contact us directly.

4.               OUR PRODUCTS

4.1             Products may vary slightly from their description. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade or specially adapted, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 10% tolerance.

4.2             Product packaging may vary. The packaging of the product may vary from that shown on images on our website.

4.3             Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us. You must check that you can fit any product through any access route that you need to use.

5.               YOU RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6.               OUR RIGHTS TO MAKE CHANGES

6.1             Minor changes to the products. We may change the product:

(a)       to reflect changes in relevant laws and regulatory requirements - like  changes to the fire retardant requirements for fabric; and

(b)       to implement minor technical adjustments and improvements, for example to improve fixings. These changes will not affect your use of the product.

6.2             More significant changes to the products and these terms. In addition, , we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.

7.               PROVIDING THE PRODUCTS

7.1             Delivery costs. The costs of delivery will be as displayed to you on our website, unless the delivery address is in Northern Ireland, The Republic of Ireland, or select parts of Scotland. Any address in these areas will require an additional fee which can be quoted by contacting our sales team. An order placed through the website without incurring this charge but part of the areas listed as exceptions will be made subject to and aware of any additional charges for delivery.

7.2             When we will provide the products. During the order process we will let you know when we expect to provide the products to you or finish the services ordered. If the goods are bespoke or specially manufactured to your order then we will contact you with an estimated delivery date. If we are to provide a single service like repainting or covering, we will begin the services on or around the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.

7.3             When we will separate your delivery. In orders with multiple items, we reserve the right to deliver your items separately as they arrive with ourselves unless otherwise agreed at the point of sale. The separate delivery will come at no additional delivery cost but if you wish to decline the delivery and we re given 12 or more days advance notice, we will treat this as a "declined delivery" under clause 7.17.

7.4             We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.5             Collection by you. If you have asked to collect the products from our premises, you can collect them from us at our business premises. The collection date will need to be agreed with ourselves and within business hours.

7.6             If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will contact you via telephone, email or voicemail informing you how to rearrange delivery or collect the products from a local depot. If you are not at home when the product is delivered at a pre-arranged and confirmed date and time, we reserve the right to charge you for any storage and/or delivery costs.

7.7             If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.8             Your legal rights if we deliver late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if:

(a)       we have refused to deliver the products; or,

(b)       delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or,

(c)       you told us before we accepted your order that delivery within the delivery deadline was essential; and,

You have provided us with all the necessary information under 7.13 and have not declined a delivery scheduled before the deadline.

7.9             Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.8, you can give us a new deadline for delivery, which must be reasonable and not less than 10 days, and you can treat the contract as at an end if we do not meet the new deadline.

7.10             Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.8 or clause 7.9, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery.  If the products have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call, email or write to our customer services at the contacts on our Contact page for a return label or to arrange collection.

7.11          When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.

7.12          When you own goods. You own a product which is goods once we have received payment in full.

7.13          What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example,  product details, delivery details and constraints and your ID where requested. If any other information is needed, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.14          Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a)       deal with technical problems or make minor technical changes;

(b)       update the product to reflect changes in relevant laws and regulatory requirements;

(c)       make changes to the product as requested by you or notified by us to you (see clause 6).

7.15          Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than one month in any year we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.16          We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you genuinely dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended and in genuine dispute. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5). 

7.17          When you decline delivery. If we notify you of a delivery date 12 or more days in advance and you decline to accept, we will record this as a declined delivery. Once you have 3 declined deliveries or 2 declined deliveries separated by one month, we may charge you a storage fee and/or an additional storage fee for a declined delivery following this. This fee will reflect the time and space used to store your order. 

7.18          Affect of a declined delivery. Any delivery date which is not accepted may affect the initial lead time for your order. 

8.               YOUR RIGHTS TO END THE CONTRACT

8.1             Eligibility to end your contract with usYour rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a)       If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;

(b)       If you want to end the contract because of something we have done or have told you we are going to do,see clause 8.2;

(c)       If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

(d)       In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.

8.2             Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and this does not affect any rights that you have as a consumer. The reasons are:

(a)       we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);

(b)       we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c)       there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d)       we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or

(e)       you have a legal right to end the contract because of something covered by clause 7.8 or clause 8.1(a) – (c).

8.3             Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4             When you don't have the right to change your mindYou do not have a right to change your mind in respect of:

(a)       Bespoke orders and special orders;

(b)       services, once these have been completed, even if the cancellation period is still running;

(c)       products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them, mattresses are an example of this;

(d)       any products which become mixed inseparably with other items after their delivery.

8.5             How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

(a)       Have you bought services (for example, repaint or upholstery service)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

(b)       Have you bought goods?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

8.6             Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 8.1), you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

9.               HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

9.1             Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: 

(a)       Phone or email. Call or email us at customer services using the contacts on our Contact page. Please provide your name, home address, details of the order and, where available, your phone number and email address. We will then send you a cancellation form to complete and send to us.

(b)       By post. Print off the form and post it to us at the address on the form.  Or simply write to us as that address, including the information required in the form. Please phone or email us first to notify us that you want to cancel.

9.2             Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us.   You must either return the goods in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call or email us at customer services using the contacts on our Contact page for a return label or to arrange collection.  If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. Please retain all packaging until you have inspected the products and decided to retain them as all returns need to be repacked in their original packing if using our carriers. You will be liable for damage caused on return due to not using the right packaging and for any damage to the goods once delivered to you.

9.3             When we will pay the costs of return. We will pay the costs of return:

(a)       if the products are faulty or misdescribed; or

(b)       if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.  

9.4             What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as what we are charged by our couriers for collection of the product.

9.5             How we will refund youWe will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.6             Deductions from refunds. If you are exercising your right to change your mind:

(a)       We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b)       The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 2-3 weeks at one cost but you choose to have the product delivered within a shorter period at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

(c)       Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

(d)       Where the product was being made or adapted to your specific order, we may deduct from any refund an amount for the costs we have incurred in having it made or adapted up to the time when you told us you had changed your mind. The amount will not be more than what you would pay for the whole product.

9.7             When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then:

(a)       If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

(b)       In all other cases, your refund will be made within 14 days of your telling us you have changed your mind, subject to you allowing us to collect the goods.

10.             OUR RIGHTS TO END THE CONTRACT

10.1          We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a)       you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

(b)       you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, identification, product specifications, and address;

(c)       you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;

(d)       if we discover an error on the pricing or description of the product, have written to you about it and you do not respond.

10.2          You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3          We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

11.             IF THERE IS A PROBLEM WITH THE PRODUCT

11.1          How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone, write or email our customer service team using the contacts on our Contact page. Alternatively, please speak to one of our staff in-store.

11.2          Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights as a consumer.

11.3          Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection if you are allowed by law to reject the goods at that time. Please call customer services using our contacts on our Contact page for a return label or to arrange collection.

11.4       Your responsibility for damage to trial products and mattresses. During any trial periods of mattresses we encourage customers to use a bed-base (available from us) to prevent slats from marking the matresses. Should a customer not use a bed-base or full mattress protector we are not liable for any damage to the mattress, which we will not accept afterwards. This is also recommended for general use as it prolongs the life of both the mattress and the furniture.

12.             PRICE AND PAYMENT

12.1          Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order. All payments must be in pounds sterling.

12.2          We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3          What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price indicated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.4          When you must pay and how you must pay. We accept payment with any of those payment cards shown at the relevant time on our website.

(a)       For goods, you must pay for the products before we dispatch them. A deposit will be required if the goods are not in stock and you want us to order them

(b)       For services, you must make an advance payment of 40% of the price of the services, before we start providing them. We will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice within 7 calendar days after the date of the invoice and in any event before we release products to you. We will not start to provide these services where you have ordered online, by telephone or email until your cancellation period expires unless you specifically ask us to proceed even though the cancellation period has not expired. If you then cancel you will have to pay for the work that we have done.

12.5          We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of our bankers from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12.6          What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

13.             OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1          We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2          When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services or for putting your property into a better condition that it was beforehand.

13.3          We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.             HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1          How we will use your personal information. We will use the personal information you provide to us:

(a)       to supply the products to you;

(b)       to process your payment for the products; and

(c)       if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.

14.2          Our Privacy Policy applies to our collection and use of your data.

14.3          We may pass your personal information to credit reference agencies. Where we extend credit to you for the products or your payment fails for any reason we may make a credit search and pass your personal information to credit reference agencies and they may keep a record of any search that they do.

14.4          We will only give your personal information to third parties where the law either requires or allows us to do so.

15.             OTHER IMPORTANT TERMS

15.1          We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2          You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if the full price has not already been paid and/or the delivery address has changed. However, you may transfer our guarantee at clause 1.1 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

15.3          Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

15.4          If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5          Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date. If we accept a payment instalment this does not affect our rights against you under the contract.

15.6          Rights in our website and its contents, this site is owned by us and all copyright in its contents is owned by us unless we have attributed it to a third party.

15.7          Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.