1 The contract between us
1.1 This is the user agreement which governs your use of this Website and the purchase by you of the goods displayed on it (‘Goods’). This website (‘Website’) is owned and operated by Furnish.co.uk Limited ("Furnish.co.uk", "we", "us"), and our Agreement with you sets out what you are legally entitled to expect from us when you buy Goods.
1.2 We display items sold by us and also by a variety of sellers (‘Sellers’, “Seller”). In the case of those items sold by us, the contract for the sale of the Goods, including any rights of cancellation and return, shall be between you and us. In the case of those items sold by Sellers, the contract for the sale of the Goods, including any rights of cancellation and return, shall be between you and the Seller rather than between you and us, and we shall have no contractual liability to you in respect of the Goods.
1.3 Goods displayed through the Website are not an offer by us to sell Goods, but an invitation to you to make an offer. You place the order by completing the checkout process on the Website and we shall send you an e-mail acknowledging the order, which does not constitute order acceptance. Order acceptance and completion of the contract will take place when the order is dispatched.
1.4 You will be deemed either a consumer or a trade/business customer when you place an order. Trade/business customers include those where the customer name, billing address or any other information on the order or communicated to us suggests a business or business use, irrespective of the payment source. Discounts on the price payable for Goods outside of any discounts available on the Website at the time of you placing the order are sometimes available to trade/business customers (but not to consumers), and so where an order has such a discount applied, you will be deemed a trade/business customer.
2.1 The prices payable for Goods that you order are as set out in the Website.
2.2 You may be required to pay extra for delivery and it might not be possible for delivery to be made to some locations. The delivery charges are set out in the Website.
3 Cancellation and returns
3.1 We reserve the right to cancel the contract if one or more of the Goods you ordered was listed at an incorrect price or with an incorrect description or availability due to a typographical error or an error in the pricing information.
3.2 If your contract is cancelled you will be notified by e-mail and any sum deducted from your credit card shall be reimbursed. You shall not be entitled to any additional compensation for disappointment suffered.
3.3 Our delivery and returns policy forms part of these terms.
4 Delivery of goods to you
4.1 The Goods ordered by you will be delivered to the address you provide for delivery at the time you make your order.
4.2 Delivery will be made as soon as is reasonably practicable after your order is accepted.
4.3 You will become the owner of the Goods you have ordered when they have been delivered to you. Once 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.
4.4 If Goods cannot be delivered through no error on the part of us or the Seller (no-one is present at the delivery address, delivery address inaccessible etc) then our agents may, entirely at their discretion, attempt to deliver the Goods to an alternative address such as a neighbouring address or attempt a second delivery on a future day. Where delivery of the Goods are refused or where delivery to a neighbouring address or on a future day is deemed not possible by us or the Seller or the agent (as may be the case with larger furniture items and specialist delivery services), the Goods will be returned to the Seller and any resulting loss or damage to the Goods at this stage are your responsibility and neither we nor the Seller will be liable for any damage to them. Any charge resulting from a return to the Seller will be charged to you.
4.5 If an incorrect or invalid delivery address is specified by you (wrong house number, wrong postcode etc) then any resulting loss or damage to the Goods are your responsibility and you shall not be entitled to any reimbursement of the cost of the Goods should you not receive delivery of them.
5 Permitted use
5.1 You are not permitted to use this website other than for the following purposes: (i) viewing this website; (ii) making purchases; (iii) reviewing/changing purchases; (iv) transferring to other websites through links provided on this website; and (v) making use of other facilities that may be provided on the website.
5.2 The use of automated systems or software to extract data from this website (‘screen scraping’) is prohibited unless Furnish.co.uk Ltd has expressly agreed to this in writing.
5.3 The use of automated systems or software to enter or submit data to this website ('automated form completion') or to proceed through the checkout process or any use of the website by automated systems or software other than 'screen scraping' agreed in writing in accordance with 5.2 is strictly prohibited.
5.4 Third parties that breach terms 5.1, 5.2 or 5.3, including third parties purporting to be 'search engines' or their contractors, agree to be liable to Furnish.co.uk Ltd for unlimited damages to be reasonably decided by Furnish.co.uk Ltd.
6.1 Save as precluded by law, we shall not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising neither shall we have any liability to pay any money to you by way of compensation.
6.2 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.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Furnish.co.uk Ltd c/o 34 NEW HOUSE, 67-68 HATTON GARDEN, LONDON EC1N 8JY and all notices from us to you will be displayed on our website from to time. Should you have any issues relating to any orders, you should contact the Seller direct.
8 Events beyond our control
We shall 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 and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11 Third party rights
Except for our Sellers, affiliates, directors, employees or representatives, 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.
12 Governing law and disputes
12.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have the exclusive jurisdiction to resolve any disputes between us, or between you and the Seller in respect of the Goods, including claims under Section 75 of the Consumer Credit Act 1974. You agree not to use any dispute resolution method other than the English courts.
12.2 If you use a dispute resolution method other than that in clause 12.1, then you will be liable to pay us an amount equal to the amount you have recovered through the alternative dispute method plus all our reasonable costs, losses and expenses incurred in dealing with the alternative dispute method. For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on a card statement or other financial statement, and make a charge-back as a result, this will constitute the use of an alternative dispute method for the purpose of this clause.
13 Entire agreement