Terms & Conditions
We want you to be pleased with the goods that you purchase and with the service that you receive from us. These are our conditions of sale and you should read them carefully as they apply to your order. We ask you to review your order and accept these terms and conditions of sale during the registration process. Please note these conditions of sale are for online customers only and if you have placed an order in one of our stores you should refer to the printed copy of the conditions of sale you received when confirming your order.
1. The supplier of the goods under your order is Furniture Court Ltd whose registered office is at 29A Tickhill Road, Rotherham, S66 7NG (company number 10985365). All communications should be made to firstname.lastname@example.org.
2. When you order goods from us a contract will be formed when you receive a copy of your email order confirmation. If your order is placed over telephone, a contract will be formed once you receive an order confirmation.
3. If you want to change your order (including the arrangements for delivery or collection), you must contact us immediately as any changes may delay the delivery of your order. To cancel your order or any part, please see 'YOUR RIGHTS TO CANCEL YOUR ORDER' clause below.
YOUR ACCOUNT AND PASSWORDS
You are responsible for the confidentiality and maintenance of your personal account information and password. You accept responsibility for all activities which occur under your account and password. It is important that you keep your personal details and password confidential and secure, if you have any reason to suspect that your password has become known to someone else, has been or is likely to be used without your authorization you should contact us immediately. We shall not be liable to any person for any loss or damage as a failure by you to protect your password or account details.
We reserve the right to refuse access to the website, terminate personal accounts, amend and remove content and cancel orders (at no cost to you).
Your account contains all of your order history, your delivery details, address book, and e-mail preferences.
You can see and edit any of this information by logging in using your username and password.
Your account contains all of your order history, your delivery details, address book, credit card details and e-mail preferences.
You guarantee that when you register with us as a customer all of the information which you provide is true, accurate and up to date. If any of the information provided changes you must inform us immediately by contacting our online service team email@example.com or by calling 01302 210085
You must not impersonate any other person or entity or use a false name or a name which you do not have authority to use. You must not use the website in any way which will cause or is likely to cause the website to be impaired, damaged or interrupted in any way.
PRICE AND PAYMENT
5. The price for the goods is as set out in the order confirmation.
6. You must pay in full for the goods at the time of placing your order.
7. Ownership in the goods we supply to you will not pass until we have received all sums due and payable by you for or in connection with the goods.
YOUR RIGHTS TO CANCEL YOUR ORDER
Where goods are defective or not as described − then please see 'QUALITY' clause below and nothing in this section limits your rights where goods are defective or not as described.
8. Where you have ordered your goods by internet, e-mail or telephone, you may cancel your order at any time between placing the order and within 30 days beginning on the day after you receive the goods.
9. Selected upholstery items are made-to-order. These goods are produced only upon the request and confirmation of your order. Any cancellations for made-to-order items will need to be made within 14 days from the date your order was placed, or in accordance with your rights under the Distance Selling Regulations after which all goods noted as made-to-order on our website will be subject to a cancellation charge of 20% of the price of the goods. This will be deducted from any refund due to you.
10. Cancellation must be by the person who placed the order. If you cancel by telephone, we will need to be satisfied that you are the person who placed the order.
11. a) Furniture, upholstery and mattresses are delivered by the private carriers, UPS, TNT or Hermes. Most deliveries are made Monday to Friday between 7am − 6pm.
b) Private carrier can deliver at any different time but he always calls to arrange delivery time.
c) Whilst we deliver to most areas in the UK, we are unable to guarantee delivery, within our usual leadtimes, to certain areas. These include Highlands & Islands, Channel Islands, Isles of Scilly and the Isle of Man, The Northern Ireland and the Republic of Ireland.
Sorry, but we don't deliver to BFPO addresses.
12. At the time of placing your Furniture order, you will have been informed of the approximate timescale for contact by our home delivery company regarding your delivery or collection. For a Furniture item that is in stock, we will contact you to arrange an appointment for delivery within one week of receiving your order. For an item that is not in stock or that is made-to-order, our home delivery company will contact you to arrange an appointment for delivery once we have received that item in our warehouse.
13. For our Furniture products, if we attempt to deliver goods to a delivery address but delivery is impossible or impractical, you may contact us with an alternative delivery address and we will redeliver to that alternative delivery address. However, if we do not hear from you with a suitable alternative delivery address within 7 days of the attempted delivery, then we may cancel your order and deduct a charge for our administration, transit and storage costs which will be no more than 20% of the price of the goods from your refund. Delivery charges will not be refunded.
14. If delivery proves impossible or impractical on 2 or more occasions because of access problems, the goods will not fit into the room for which they are intended or because there was no-one at the delivery address aged 18 or over to sign for the goods at the time arranged for delivery, then we may cancel your order and deduct a charge for our administration, transit and storage costs which will be no more than 20% of the price of the goods from your refund. Delivery charges will not be refunded.
DELAYS IN DELIVERY
15. Occasionally the delivery of your goods may be delayed by circumstances outside our control. If for any reason we are unable to deliver the goods or to have them ready for collection within the original approximate timeframe then we will notify you of the delay and new timeframe as soon as possible. If you cannot wait for the goods, you must let us have notice of cancellation from the person who placed the order. If we receive your notice of cancellation as set out above, then we will let you have a full refund. This request must be e-mailed to firstname.lastname@example.org or you can phone our online service team on 01302210085. However, we cannot accept any liability for any losses you incur (including loss of earnings) or for compensation for perceived inconvenience that may be suffered due to any delay.
ARRIVAL OF GOODS
16. On delivery of your furniture products, you will be asked to sign for the goods and to inspect any upholstery goods that have been unpacked to ensure you accept them. For this reason you should be present at delivery yourself. However, if you do ask someone else to take delivery for you, then you must make sure that they are aware of what they need to do.
17. We will be pleased to unpack all upholstery goods for you and remove the packaging if you require us to do so.
18. We will deliver your goods to the room of your choice provided that our team can gain access to that room.
19. Please notify us of obvious defects that are apparent on first inspection of the goods, such as missing parts or damage, within 7 days of delivery and additionally, wherever possible, by describing the defects on the 'proof of delivery' document you are asked to sign. For other defects, please notify us as soon as you discover those defects and at the latest within 7 days of delivery. You may notify us by e-mail at email@example.com or by phone on 01302210085. Your statutory rights are not affected.
20. You agree that we (or our appointed agents) may examine and test any goods that are claimed to be defective to establish whether those defects are our responsibility. Where we need to send the goods away for examination and testing, then you will permit us (or our agents) to collect the goods from you for that purpose.
21. Where defective goods are exchanged, you must allow us to collect the defective goods from you. Please also note that you may have to wait for replacement goods that are non-stock items or are made-to-order.
22. For self-assembly goods, it is important that you read the assembly instructions carefully as we cannot accept responsibility for any self-assembly goods that are damaged because instructions were not properly followed.
23. Where it cannot otherwise be established that we supplied any goods that are claimed to be defective, for example because sewn-in labels have been removed, then we may require you to produce proof of purchase.
24. When we are satisfied that the goods are faulty you will be offered a replacement or full refund of the original purchase price. Nothing in this section affects your statutory rights as a consumer.
CHANGES TO YOUR ORDER
25. Once you have received confirmation of your order, changes can only be made to your personal details up to the point of your delivery being booked with you. If you wish to make changes to the items ordered, your order will need to be cancelled and a new order placed. Both may be completed by contacting our online service team by e-mail at firstname.lastname@example.org or phone on 01302210085. Changes made to your order after the original confirmation will result in a new approximate time frame for delivery. We will give you an indication of the new approximate time frame once we have confirmed your cancellation and a new order has been placed. Please note that for made-to-order items, cancellations can only be made in accordance with your rights under Distance Selling Regulations or within 30 days from the date you placed your order, after which it is not possible to cancel without incurring extra charges. Any cancellations after this period would result in a cancellation charge which will be no more than 20% of the value of the goods. This will be deducted from any refund due to you.
26. To obtain a refund you must take reasonable care of the goods. If you fail to do so we reserve the right to refuse the refund or deduct a charge based on the condition of the goods. It is not possible to refund made-to-order items unless you cancel in accordance with your rights under Distance Selling Regulations or they are faulty or not as described, in which case we may ask to review the goods through an independent inspection before a refund is given. Your statutory rights are not affected.
27. Goods that have been purchased online cannot be returned to store. We will make arrangements for the goods to be collected from you. Please note this will incur a lead-time. Our home delivery company will contact you directly to book this in with you. For our standard delivery items purchased through our website, you may wish to follow the returns procedure outlined in the delivery note. Unwanted goods may be returned free of charge under your rights under the Distance Selling Regulations or if we are notified within 14 days of receipt after which a collection charge will apply at our standard rate. If the goods are returned due to a fault or damage then no collection fee will be applied.
28. If you paid for delivery we will refund the original delivery charge paid by you for the return of unwanted items if they are returned in accordance with your rights under the Distance Selling Regulations. Following this period you may still return the goods but your original delivery charge will not be refunded, and a collection charge at our standard rate will apply.
29. Selected upholstery items are made-to-order. These goods are produced only upon the request and confirmation of your order. Any cancellations for made-to-order items will need to be made in accordance with your rights under Distance Selling Regulations or within 30 days from the date your order was placed, after which all goods noted as made-to-order on our website will be subject to a cancellation charge of 20% of the price of the goods. This will be deducted from any refund due to you.
30. Your refund will be processed as soon as possible and in any event within no more than 28 days of the day you have given us notice of cancellation.
31. Until the goods are returned to us, you are responsible if the goods are lost, damaged or destroyed. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation we may have a right of action against you for compensation.
32. We will only make a refund using the same method of payment originally used by you to pay for your purchase.
33. Where the goods were delivered to a third party and you are unable to return them to us, you may not be entitled to a refund.
34. All goods are subject to availability. If for any reason beyond our control we are unable to supply any goods then you will be offered a full refund or, if available and acceptable to you, substitute goods of equivalent quality and price.
35. To get the most out of any goods, you should take care to follow the care instructions. The goods we sell are for consumers for general domestic use only and must be used for the intended purpose.
36. Our online support team is trained to provide good service. However, no advice can be given about plumbing, electrics, carpentry, kitchen fitting or any similar professions so if you need advice you should obtain it from a qualified expert at your own risk.
37. None of our online support team are authorised to advise on whether any goods are suitable for any unusual purpose. If you intend to use the goods for any unusual purpose, then you must make up your own mind about whether the goods are suitable or take advice from a third party.
38. Your privacy is very important to us and we are committed to treating your personal data (e.g. your name, telephone number, e-mail address, billing and delivery address, debit and credit card details) with total respect and confidentiality.
Habitat is registered as a data controller under the Data Protection Act 1998 and we will comply with the statutory requirements imposed on us to keep your personal data confidential and secure. Habitat is fully compliant with the Data Protection legislation.
As with many large companies, communication by telephone may be recorded for the purposes of monitoring customer service standards and for security.
Any personal information which is collected during the purchasing process is only used by us and our carefully selected service provider companies to ensure that we can take, process, deliver your order and maintain your account to the highest standard possible.
We also collate statistics about the website traffic, sales and other commercial information which we use to improve our service to you; however, this information is collected on an anonymous basis.
We promise not to provide any of your personal data to any outside company for marketing purposes if you have indicated that you would not like us to do so during the registration process. With a view to understanding our customers better, we will use the information that we have about your shopping habits to offer you products and services that are likely to interest you, unless you have indicated that you do not wish us to do so during the registration process.
You may opt out of the various uses of your personal information at any time, even if you have previously given us your consent to use it.
39. We will not be responsible for any delay in complying or failure to comply with our obligations under these conditions of sale if that delay or failure is due to any circumstances outside our reasonable control including without limitation fire, flood, acts of terrorism or where we are let down by a supplier.
40. These conditions of sale are in addition to, and do not affect, your statutory rights as a consumer. They are the only terms and conditions that are applicable to your order and take the place of any terms and conditions displayed at the point of sale at any Furniture Court store.
41. You may not transfer your rights under the contract between us to any third party without Furniture Court's prior written consent.
42. If any term of these conditions of sale is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, then such term will be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
43. If you do not comply with these conditions of sale and we take no action in respect of that non-compliance, our right to take action in the same or a similar situation in the future will not be affected.
44. In case of any online shopping disputes, please email email@example.com or call us on 01302210085. Please note these contact details are for online queries only. If your query is not relating to an online issue it will automatically be forwarded to one of our stores for a response and this could delay the response time.
In case of any store shopping disputes please call our stores directly on 01302 210085.
These Conditions of Sale and any contract formed in accordance with clause 1 of those Conditions are governed by and construed in accordance with English Law and will be subject to the exclusive jurisdiction of the courts of England and Wales.