ARLO & JACOB
TERMS AND CONDITIONS OF SALE
1st NOVEMBER 2014 VERSION
Please see clause 15 for details of your statutory rights to cancel your order.
Please see clause 16 which summarises your statutory rights with respect to faulty products.
Please see clause 17 setting out the terms of our lifetime guarantee.
Please see clause 18 setting out limitations and exclusions of our liability.
You must be eighteen (18) years of age or older to purchase from us.
We only offer contracts in the English language.
You should keep a copy of this document for future reference.
You are responsible for paying import costs and taxes (for deliveries outside the UK) as an additional charge.
1. About This Document
This document sets out the terms and conditions applicable to the sale of products and services by us by us (our "sales terms"). These sales terms apply to all orders made on or after the date of this version of the terms shown above. Please read these sales terms carefully before ordering any products from us. By ordering any of our products, you indicate that you accept these sales terms and that you agree to abide by them.
2. Information About Us
www.arloandjacob.com is a site operated by Arlo & Jacob, a division of H & F Upholstery Limited. When you purchase our products, your contract will be with that company. We are a company registered in England and Wales, with company number 4686520. Our registered office is at Melbray House, Melbray Mews, 158 Hurlingham Road, London, SW6 3NS.
In these sales terms: "bespoke" means products that are made up in a fabric of your choice that is not found on our website, or subject to any customisation at your request (i.e. a change in a dimension); the "contract" is the contract which incorporates these sales terms; the "contract terms" are these sales terms and the other terms detailed in clause 5 below; the "delivery charges" means the delivery charges as stated in your order or any order confirmation email we send to you; the "delivery address" means the delivery address as determined in accordance with clause 9.2; the "products" means the products you are purchasing under the contract as stated your order; the "price" means the price of the products, services and/or third party warranties as stated in your order; your "order" means your order to us for any products, services and/or third party warranties which is submitted by you and accepted by us on these sales terms, and which, if made through our website, is set out in the checkout and other ordering pages generated by our website and submitted by you through our website, and if made by telephone, your order details as discussed and established in that telephone call, as may be confirmed by any order confirmation email we send to you; "other charges" mean any other charges or fees in addition to the price and delivery charges, as stated in your order or the contract terms; "services" means any services you are purchasing under the contract as stated your order, including the application of fabric protection chemicals to your product (such as Staingard); "third party warranty" means any warranty or insurance product provided by a third party concerning the breakdown, loss or damages to your products, which we are procuring on your behalf under your order (such as the Staingard warranty); "you" and "your" means the person purchasing the products from us; "we", "us", "our", "Arlo & Jacob" and "arloandjacob.com" means H & F Upholstery Limited trading as Arlo & Jacob; the "website" or "site" means www.arloandjacob.com and any other website through which you ordered the products, services and/or third party warranties; and working or business day means Monday to Friday, except bank or other public holidays; and references to the "UK" or "United Kingdom" mean the United Kingdom of Great Britain and Northern Ireland, including the dependencies of the Channel Islands and the Isle of Man, but not any British overseas territories.
4. How The Contract Is Formed Between You And Us
4.1 Your order
Your order to us is your offer to purchase the products, services, and third party warranties you have ordered, on and subject these sales terms, and subject to our acceptance of your order. You are entitled to withdraw your order at any time up to the moment that we accept it.
4.2 Our acceptance
Your order is accepted, and the contract is made, when we send you an email or other written communication confirming receipt of your order, or if we do not send such an email, when we despatch the products or the first instalment of the products to you.
4.3 If we decline your order
If we decline your order, before acceptance, for any reason, we will normally e-mail or telephone you to inform you, and give you our reasons. We may decline your order before we have accepted it for any reason at our sole discretion, and we may decline your order in whole or in part.
4.4 Multiple items
If your order lists more than one product, service or third party warranty then there shall be considered to be a separate and independent order and contract for each of them.
5. Contract Terms
The terms of the contract will comprise the following:-
5.1 General Terms
The following general terms: (a) these sales terms; (b) any general delivery, installation and returns information published by us on our website at the time of your order, setting out (among other things) delivery and returns charges and methods, installation service description, delivery locations, timescales, and restrictions; and (c) any terms or rights implied into or applied to the contract by any statute or law applicable to the United Kingdom (but the United Nations Convention on Contracts for the International Sale of Goods is excluded).
5.2 Order Specific Terms
The specific terms of your order (including description and quantity of products ordered, price and delivery and other charges applicable, your details, delivery address, billing address, and payment method and payment details) set out in the checkout webpages (for website orders) generated by our website and sent to your web browser and submitted back by you, or (for telephone orders) as agreed orally in your telephone call with us. In each case, these order specific terms may confirmed by us in any written acknowledgement or acceptance of your order which we send to you.
6.2 Third Party Warranty Schemes (e.g. Staingard)
Where your order is for a third party warranty scheme or plan for any of our products (such as our Staingard Care Plan), then the following terms apply:-
6.2.1 Where the scheme or plan includes the application of any protective chemicals to any products you have ordered, then this will be a service provided by us, and the price will include the cost of that service.
6.2.2 Where the scheme or plan includes a third party warranty, then: our agreement with you is to procure in your name that third party warranty from the provider(s); the terms of the third party warranty will be as communicated by us to you prior to the order; the price includes the provider's premium for such third party warranty, which we will pay over to the provider(s), and our commission on the same; the third party warranty is a separate contract between you and the provider(s), on their terms and conditions, which they will write to you separately about; and we shall have no liability to you for and give no guarantee with respect to their performance of the third party warranty - our responsibility is limited to procuring the third party warranty that you ordered.
The products and services to be provided by us, and any the third party warranties to be procured by us, will correspond to the essential characteristics, description and specifications set out in our website and in your order at the time when you submitted your order, subject to the following terms.
7.2 Bespoke products
Where there is a bespoke product, and we have not agreed to procure the fabric from a third party manufacturer, then: you will be responsible for providing and transporting fabric to us promptly in order for us to produce bespoke products; you will be required to supply to us sufficient fabric to enable us to produce the products, with some allowance for wastage; you must arrange for it to be transported to our nominated premises; and we will not be responsible for the condition, quality or suitability of the fabric you supply. Where any bespoke product is to be made to your dimensions or design, you must give written approval for any final dimensions and designs before we are obliged to start production, and you are responsible for ensuring that the dimensions and designs are fit for your purposes.
7.3 Natural wood products
Products which are made of natural wood are likely to vary in appearance, grain pattern and texture and tone both within individual products themselves and between products in a particular range or design, with the effect that no two items are identical, and no item may exactly match any sample.
7.4 Distressed finish
Where distressed finish is applied to a product, the results may vary from product to product in finish and appearance. The distressed finish may appear as splits or cracks, marks, scars, wood filling, knots, scratch marks, incomplete paintwork or lacquer, or antiquing.
7.5 Finish in surfaces
Due to the inherent inconsistencies in the absorbency of wooden surfaces, the finish of painted or polished furniture may vary and the wood will mellow with age. It is not unusual or a fault if wooden furniture cracks or splits as part of the natural and normal settlement of the timber.
7.6 Alteration of specification
We may alter the specification of the products where such alteration does not materially affect their quality or performance.
We use reasonable efforts to make our products as accurately as possible, however measurements are approximate, and your products may not precisely conform to any measurements provided. You agree that all products may be supplied with dimensions which are up to +/- 20mm of the stated dimension, including to allow for variances in fabric pile.
7.8 Fabric batches
Fabric batches may vary. The majority of our fabrics are yarn dyed which means there can be a shade variation between batches. We endeavour to make the whole of your order using material from the same batch; however, we cannot guarantee that all the products in your order will precisely match or that subsequent orders for products with the same type of fabric will match any previous orders for products with that type of fabric.
7.9 Stripes, checks and patterns
Stripe, check and pattern fabrics may not be cut and upholstered as shown on the website, as each product is individually made for you by our artisans.
7.10 Fading and discoloration
You agree that the products will be subject to such fading or discolouration due to exposure to direct or indirect sunlight as is normally to be expected for products of this type in the industry. We cannot accept any responsibility for fading or discolouration due to exposure or contact with any chemicals sprayed nearby or applied directly.
7.11 Cleaning and care
We recommend that all upholstery is cleaned in situ by a professional upholstery cleaning specialist every eighteen (18) to twenty-four (24) months depending on use. You agree to comply with our general advice and recommendations as to use, care for and cleaning of the products as set out in our website and provided with our products.
While we try to ensure that the products are as close as possible to those displayed online or in any fabric swatch supplied by us, we cannot guarantee a perfect match.
8. Price And Payment
8.1 Price, delivery charges and Other
You agree to pay the price, delivery charges and any other charges stated in your order and these contract terms, in accordance with the contract terms. The price, delivery charges and any other charges are stated inclusive of value added tax. The other charges include any export or import costs and taxes under clause 8.2.
8.2 Payment with order
Unless otherwise stated in the contract terms: payment of the price, delivery charges, and any other charges must be made with your order; we must receive payment for the whole price, delivery charges and all other charges before your order can be accepted; and we are not obliged to process your order, produce or dispatch any products, provide any services, or procure any third party warranties, until payment in full has been received by us.
8.3 Payment currency
You must pay in the currency in which the price, delivery charges, and any other charges are stated by us.
8.4 Payment methods
We accept payment by MasterCard and Visa, and such other cards as may be stated on our website from time to time. You authorise us to take payment from any card or other payment service for which you provide details at the time of, or at any time after you have submitted, your order, whether or not the order has been accepted by us and a contract formed. If your payment cannot be collected or is not authorised by your card or payment services provider for any reason we will tell you. If you send payment by post, then you take the risk of the theft, loss or damage of your payment instrument in the post.
9. Delivery Arrangements - General
9.1 Arrangement of delivery
When your products are ready our carrier will contact you to arrange the specific delivery date and time window with you. Once you have agreed a specific date and time for delivery, you must strictly adhere to this and ensure that you are available to take delivery at that date and time.
9.2 Delivery address
Delivery will be to the delivery address stated in your order. If no address was stated, then delivery will be to the address at which your payment card is registered, or if that is not available, to any other address you have provided in any website account with us.
All goods must be delivered into your home within 3 weeks of you being contacted to arrange delivery. A non-refundable fee will be charged where we have been unable to agree delivery with you within this period.
9.3 Delivery days
We only deliver on the days and within the times set out in the delivery information pages on our website. Any statements as to delivery within a number of days should be read accordingly.
We will wherever possible deliver all products in your order at the same time. If this is not possible we will contact you and may deliver those products by instalments as they become available. This will not affect your rights to cancel or terminate the contract.
10. Delivery Arrangements - Foreign
The following contract terms apply where delivery is to be made to a delivery address which is not in the United Kingdom, except to the extent other terms are agreed with you in your order. These contract terms shall take precedence over clause 9 in the event of conflict.
We will be responsible for clearing the products for export from the UK. The price for the products and services also includes any taxes payable to the UK government for export of the products.
You must comply with all applicable laws and regulations of the country for which the products are destined. You are responsible for obtaining at your own risk and expense any import licence or other official authorisation or other documents necessary to import the products, and you must carry out any customs formalities (including appointing and paying import agents) necessary for the import of the products. You are responsible for paying, all costs in relation to import of the products (including in relation to licences, authorisations, clearances and other formalities, and including to obtain the release of the products from any delivery company), and for paying all import taxes, duties and levies, including those due to any customs or other local or national authority, referred to in this contract as the "import costs and taxes". Unfortunately we will not be able to tell you the import costs and taxes in advance of your products arriving, and we recommend that you contact your local customs authority to determine the import taxes and costs and a landed cost price prior to submitting your order. You agree to pay to us as an additional charge any import costs and taxes we may incur. The price and delivery charges in your order exclude such import costs and taxes, which shall be payable by you when they have been ascertained, and may be collected using the same payment method as the price, if we incur the import costs and taxes. The company we use for delivery may alternatively contact you by telephone once your products are in customs to inform you of the import costs and taxes that you are liable to pay, and may require payment to them at that point before proceeding to deliver the products, or they may require payment of import costs and taxes upon delivery at the agreed delivery address, as a condition of releasing the products to you. You may also be required to pay some or all of the import costs and taxes directly to any customs or any other local or national government authority. We are not responsible for any delays caused by destination customs clearance processes. If you fail to comply with this clause, you must pay any additional costs incurred by us, and we may apply the terms of clause 12.6.
11. Delivery Timescales
11.1 Delivery date
We will use reasonable efforts to deliver the products, provide the services, and procure the third party warranties, by the delivery date or within the delivery timescales stated in your order, or if not so stated, the delivery date or delivery timescales as stated in any other contract terms, or if no contract terms specify this information, in accordance with the standard delivery timescales stated on our website.
11.2 Events outside of our Control
Without prejudice to your statutory rights, we are not responsible for delay in supplying or delivering or failure to supply or delivery any products, services or third party warranties, if this delay is due to unforeseen events beyond our reasonable control. We will let you know as soon as possible if there is going to be a problem, and give you an opportunity to cancel your order, in which case we will refund all amounts paid by you to us under the order, as well as giving you an opportunity to continue with the order if possible, in which case we will agree with you a revised time for delivery as soon as we are in a position to continue performing the order.
12. Receipt Of The Products By You
12.1 Your failure to receive the products
If delivery is attempted within any agreed window under clause 9.1 and you are not present to collect the products or you unreasonably refuse to take delivery of the products, then clause 12.6 shall apply.
12.2 Access for delivery
It is your responsibility to ensure that there is safe adequate access to the delivery address for the products you have ordered, taking into account the size, weight and bulk of the products you have ordered. If we are unable to offload the products ordered due to inadequate access, then clause 12.6 shall apply.
12.3 Installation of products
We will install the products in such room at the delivery address as you may choose, and as part of this carry the products to that room, unpack the products, remove and dispose of the packaging in compliance EC legislation, and assemble the products (if they do not arrive fully assembled). In case of tight spaces, the couriers will remove arms or legs/castors (where the product is designed to have removable arms, legs or castors) and assemble once in the room of choice. You must allow us to do this at the time of delivery. It is your responsibility to ensure that the room is adequate for the size of the products and to ensure that there is an adequate access route from our delivery vehicle to the room taking into account the size, weight and bulk of the products you have ordered. You must measure the room and the access to the room correctly, and check they accommodate any dimensions of the products. If we are unable to deliver the products to the room due to the products being too big to fit in the room or to fit through the interior of the delivery address (including stairwells and doors) then clause 12.6 shall apply.
12.4 Checking on delivery and signing delivery note
All deliveries must be unpacked and checked on delivery, and you must sign our delivery papers before we will release the products to you. Signing for delivery is for simple proof of receipt purposes and to confirm receipt of the products as ordered and will not affect any of your other rights. Please make sure you keep the packaging and packing list enclosed with your products, as this will be important if you return the products later on.
12.5 Your inspection on delivery
You should check that you have received all of the products you ordered, and inform us as soon as you can if you think anything is missing, not as ordered, damaged, or not in working order. You should call us on 03331 221 537, or email us at email@example.com as soon as you can within 48 hours of delivery to let us know about any item which is damaged. We may require proof of damage from you by way of a photograph to help us assess the damage and facilitate a repair, replacement or refund of the damaged products. However if you fail to provide such proof, this will not affect your statutory rights.
12.6 Consequences of delivery failures caused by you
Where this clause 12.6 is applied by a clause above, then this means that we shall have the following rights: (a) for legal purposes, including your cancellation rights, delivery will be deemed to have been made; (b) we may abandon any delivery attempt and shall cease to be obliged to deliver or install the products, so that you will be responsible for collecting them from us; (c) we may charge you our reasonable costs of returning the products to our depot; (d) we may make a reasonable storage charge; (e) we may make a reasonable charge or additional delivery charge for re-delivering the products at another time; (f) we will enable you to collect the products from our depot or we may (at our discretion) agree to a further delivery attempt at further delivery charge to which these contract terms shall apply; (g) we will store the products for a maximum of 2 months, after which we may sell the products, in which case we may account to you for the proceeds less our reasonable storage costs and all other amounts payable by you to us under the contract.
Risk in the products shall pass to you when they come into your physical possession or that of any person identified by you to take possession of the products, or of any carrier you commissioned to collect the products from us and transport them to you; or when our courier service hands over the products to any person whom you authorise to collect them from a postal or courier service; or otherwise when we leave the products at a place or with a person in accordance with any express delivery instructions received from you. Risk in any returned products shall pass back to us only when they come back into our physical possession, or that of any person identified by us to take possession of the returned products, or any carrier commissioned by us collect the products from you and transport them back to us.
Title to the products passes to you on delivery EXCEPT THAT if the price or any other amount payable by you is outstanding at delivery, then: (a) title is retained by us until you have paid in full the price and all other amounts payable under the contract; (b) we may still sue for the price, notwithstanding that title has not passed; (c) your right to possession and use of the products shall cease if any amount payable by you under the contract becomes overdue, and we shall be entitled to enter any premises where the products are kept for the purposes of repossessing them in such event.
15. Your Statutory Cancellation Rights
Where you are a consumer, you have the right to cancel the contract for any products or services without giving any reason, under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013. This right is in addition to your statutory rights for defective products as summarised under clause 16 below. The following terms summarise the right and set out the applicable procedures.
15.1 Cancellation deadline - Products
You can exercise this right by giving us notice before you receive the products, or by giving notice no later than 14 days after the day you received the products (the "cancellation deadline"). If the contract covers multiple products, then the cancellation period runs from the delivery of the last of those products.
15.2 Cancellation deadline - Services and Third Party Warranties
In the case of services or any third party warranty, you can exercise this right no later than 14 days after the day the contract was formed (the "cancellation deadline"), if you want to cancel this independently of cancelling the products. If you cancel any order for any product, then this cancellation will also be a cancellation of any third party warranty procured for such product and any order for services in relation to such product.
15.3 Bespoke products and other restrictions
Your cancellation right does not apply to products which were made to your specifications or are clearly personalised. This may include bespoke products. We may however, at our sole discretion, offer a 70% refund if you wanted to cancel the contract for any such bespoke or personalised products.
15.4 Service contracts
In the situation where we agree to provide services, then you confirm that you request the services begin before the end of the cancellation deadline, and you agree that if you subsequently cancel, you shall pay us an amount for such services which is in proportion to what services have been performed until you cancelled, in comparison with the full coverage of the contract. You agree to pay such amount on demand, and you agree that that we may deduct such amount from any refund which we are obliged to make to you.
15.5 How to exercise your right to cancel
To exercise you right to cancel, you must inform us of your decision by a clear statement to us. It is sufficient to meet the cancellation deadline if you send your statement before the cancellation deadline, even if we do not receive it until after the cancellation deadline. You can, but are not obliged, to exercise your right to cancel by: telephoning us on 03331 221 537; e-mailing us at firstname.lastname@example.org; or writing to us at Arlo & Jacob, Melbray House, Melbray Mews, 158 Hurlingham Road, London, SW6 3NS. It would be helpful if you could quote your order reference number, but don't worry if you cannot, as it won't affect your rights. You may use the model cancellation form, below, but it is not obligatory:-
Model cancellation form
To: Arlo & Jacob, Melbray House, Melbray Mews, 158 Hurlingham Road, London, SW6 3NS
[I/We] hereby give notice that [I/We] cancel [my/our] contract of sale of the following products:
Product Name Ordered On Received On
Customer Name: [ ]
Customer Address: [ ]
15.6 Condition of products returned
If you handle the products more than is necessary to establish the nature, characteristics and functioning of the products then you are obliged to pay to us the amount by which the value of the products has been diminished as a result of this handling, up to, but no more than, the original price of the products. This includes if you return the products with damage that was not present on delivery or missing anything that was present on delivery. You agree to pay such amount on demand, and you agree that that we may deduct such amount from any refund which we are obliged to make to you.
15.7 Return of the products and costs of return
If you exercise your right to cancel, we will collect the products from the delivery address they were originally delivered to at no additional charge to you, and you must make them available to us for collection without undue delay, and in any event not later than 14 days after you informed us of your decision to cancel. However, if the products are at an address other than the original delivery address, then you must pay our direct costs of collecting the products from you. If you do not hand over the products when arranged, then we may also charge you our direct costs for each failed collection attempt. You agree that that we may deduct any costs payable by you under this clause from any refund which we are obliged to make to you. The products are at your risk until they have been returned to us, and accordingly we recommend that you insure the products accordingly under your household insurance.
If you cancel, we will reimburse to you all payments received from you under the contract with respect to the cancelled product or service, including the price, delivery charges and any other charges; but if you chose a type of delivery which costs more than the least expensive type of standard delivery offered by us for your delivery address, then we will not be obliged to refund you any additional delivery charges in excess of the cost of such standard delivery. We may deduct from your refund all amounts which are payable by you under this clause 15, including the costs of return of the products, any diminution in the value of the products, and payments due for services provided with your agreement or at your request. You will not incur any additional fees as a result of the reimbursement.
15.9 When and how your refund will be given
We will provide the refund without undue delay, and not later than 14 days of the day you informed us of your decision to cancel. We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. With respect to services,a refund will be processed once the sofa has been returned to the factory and undergone our review process.
16. Your Statutory Rights For Defective Products And Services
Your main rights under the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 are summarised below for information purposes only:-
16.1 Title and quality of products
Statute implies into the contract terms that we will pass good title to the products, that the products will comply with their description, that the products will be of satisfactory quality, and that the products will conform to any sample provided.
16.2 Quality of services
Statute implies into the contract a term that we will provide all services with reasonable care and skill.
16.3 Rejection and refund
If the products were not in conformity with the contract at the time of delivery, you may, depending on the seriousness of the non-conformity, be entitled to reject the products and claim a full refund. However, you may lose this right if you do not reject the products when you have had a reasonable opportunity to examine the products to ascertain that they meet the requirements of the contract.
16.4 Financial compensation
If the products were not in conformity with the contract, you may also have a legal right to ask for financial compensation (known as damages) for loss you suffer, subject to clause 18 below.
16.5 Repair or replacement
If you are a consumer, you may have certain additional rights under statute to request a repair or replacement, which we summarise as follows for information: If the products were not in conformity with the contract at the time of delivery, or if they do not conform to the contract within 6 months after delivery, you may be entitled to ask us to repair or replace the products, at our cost, within a reasonable time and without causing significant inconvenience to you. We are, however, only obliged to repair or replace the products where it is possible and not disproportionate when compared with the following alternatives: repair (if you ask us to replace), replacement (if you ask us to repair), giving you a partial refund, or your cancelling the contract and getting a full refund. If we do not provide a repair or replacement remedy, or we undertake to repair or replace and fail to do so within a reasonable time, then you may either (a) elect to keep the products and ask for an appropriate partial refund; or (b) elect to return the products for a full refund. If repair or replacement is not possible or is disproportionate, or we fail to repair or replace the products within a reasonable time at our cost, you may keep the products and ask for a reduction in price, or cancel the contract and get a full refund. If you return the products for a full refund, we are entitled to reduce any refund to take account of any use you have had of the products since they were delivered to you.
17. Lifetime Guarantee
Each piece of Arlo & Jacob upholstery has been individually hand crafted in the UK. We offer the following lifetime guarantee in this Clause 17 on upholstered frames and spring systems in our footstools, armchair and sofa products (the "guarantee"). Please note however that products with exposed frames are not covered by the lifetime guarantee. This guarantee is provided in addition to your statutory rights and does not affect those, such as the implied term that the products will be of satisfactory quality. For information concerning these rights, please see Clause 16.
17.2 What does lifetime mean?
For the purposes of this guarantee, lifetime means for as long as you, the original purchaser, own and possess the product (the "guarantee period").
17.3 What parts of the product are covered by the guarantee
This guarantee covers the following parts of the product only (the "covered elements"):-
17.3.1 frames, comprising of frame beams, and joins, such as dowel, block, glue, and screws, staples, and braces.
17.3.2 spring systems, comprising of wire seat springs, back springs, and their securing's, such as clips and tie wires.
17.4 What we guarantee
We guarantee that the covered elements will be free from material defects in materials and manufacture under normal domestic household use for the guarantee period.
17.5 Your eligibility
You may only claim under this guarantee if all of the following apply to you:-
17.5.1 you were the original purchaser of the product from us;
17.5.2 you are an individual who purchased on your own account for your own domestic household use;
17.5.3 you are able to provide proof of the purchase contract between you and us; and
17.5.4 you were resident in the United Kingdom at the time of purchase, and are resident in the United Kingdom at the time of claim.
17.6 Product eligibility
You may only claim under this guarantee if all of the following apply to the product:-
17.6.1 the product is a footstool, armchair or sofa;
17.6.2 the product does not have an exposed frame;
17.6.3 the product description does not expressly exclude the lifetime guarantee;
17.6.4 the product has all times only been used for domestic household purposes - for instance, the guarantee shall be void if the products have at any time been used other than in your own home, or for business purposes, such as in a nursing home or office;
17.6.5 the product was originally delivered to your home in the United Kingdom, and is present at your home in the United Kingdom when your claim is made and at all times during the claims process;
17.6.6 the product was sold as new and at full price - this guarantee does not apply to pre-owned products or products sold as part of any sale or offer; and
17.6.7 any identification marks that we included on the product to link it to your order must be present.
17.7 Specific problems not covered
This guarantee does not cover the following or anything arising from or caused by the following:-
17.7.1 Damage, wear and tear or other external cause, including (without limitation) overloading the product.
17.7.2 Failure to take reasonable care of the product, or use it reasonably, or clean it properly, in accordance with any reasonable care and usage guidelines we may issue.
17.7.3 The fabric covers and upholstery, any wear and tear to them, the fixing of the fabric to the frame, or the fabric becoming loose and needing re-upholstering.
17.7.4 The cracking of wood due to extreme changes in room humidity or direct heat source (such as air conditioning and radiators).
17.8 Events which make the guarantee void
This guarantee will become automatically void if any of the following events occurs:-
17.8.1 The product is at any time used other than for your own domestic household use, including where it is used for a business, in a care home, or for rental or commercial purposes.
17.8.2 The product is at any time disassembled, altered, modified, adjusted, repaired, or re-upholstered, other than by us.
17.8.3 If you sell the product, or hire, loan or give it to someone else, or cease to be the owner of the product, even if you later get the product back.
17.8.4 You fail to honour any arrangements made below for the handling of the guarantee claim.
17.8.5 The product has at any time been taken outside the United Kingdom.
17.9 What is your remedy under this guarantee?
If you make an eligible and valid claim under this guarantee, then we will provide one of the following remedies at our sole option:-
A repair of the product. If we propose a repair, but do not complete this within a reasonable time, then we will offer a remedy under Clause 17.9.2 or 17.9.3 at our sole option. If we repair the product, then this guarantee will continue to apply, for the remainder of its original guarantee period. We may at any time abandon a repair and offer you a replacement or refund instead under Clause 17.9.2 or 17.9.3 at our sole option. If we replace a part, title to your original part shall pass to us and we may keep it.
A replacement of the product. If the fabric is not available or not the same, we will let you choose, and you must accept, a replacement fabric of the same value. If the same model and design of product is not available, we may offer you a comparable model and design, but you will have to pay the difference in price if one exists, and you will not be obliged to accept this offer. If we propose a replacement, but do not provide this within a reasonable time, or if we cannot offer you the same model or design and you do not accept an offer of an alternative model or design, then we may offer a repair under Clause 17.9.1, if we have not already done so, or a refund under Clause 17.9.3, at our sole option. If we replace the product, title to your original product shall pass to us and we may keep it. If we replace the product then this guarantee shall cease, and the replacement product will not be covered by this guarantee. We may at any time abandon a replacement and offer you a repair or refund instead under Clauses 17.9.1 or 17.9.3, at our sole discretion.
A refund of the price you originally paid for the product (excluding delivery, service charges, payments for any third party protection or warranty, and other charges). If we refund the price, title to your product shall pass to us, you shall hand it over to us on request, and we may keep it. This remedy shall apply if neither a repair under Clause 17.9.1 or a replacement under Clause 17.9.2 is provided by us.
17.10 No other remedy available, and maximum liability
Your sole remedy and our sole liability under this guarantee is that provided by us under Clause 17.9 above. Our total maximum liability under this guarantee is limited to the original purchase price (excluding delivery and other charges).
17.11 When can you make a claim?
You must make your claim under this guarantee within the guarantee period, and without undue delay after discovering the problem.
17.12 What is the claims handling process?
Please contact us by phone on 03331 221 537, or by email at email@example.com, in the event of a claim under guarantee occurring. You must make the product available at your home in the United Kingdom for inspection, and repair or replacement. You must allow us to visit your home to inspect the product or to take away the product for inspection, without undue delay, and the product must be made accessible by you without any special expenditure or arrangements. You must allow us to carry out a repair at your home or to take away the products for repair or replacement, or after refund, without undue delay. We will arrange and pay for the cost of inspection the product, and for transporting any product to and from your home for repair or replacement, and for transporting any replacement to your home. You must agree with us, without undue delay, reasonable and reasonable times and arrangements with us for visits to your home to carry out the above, and you must strictly keep to these, and you must pay our reasonable wasted costs if we attend and are unable carry out the visit promptly for reasons outside our control. You agree to pay our reasonable costs for handling any claim which is proven by us to be ineligible or invalid.
17.13 Your representation
By making a claim you represent to us that you and the products are eligible and acknowledge that we are relying on this.
17.14 Your representation
You may not assign or otherwise transfer or give the benefit of this guarantee to anyone else.
18. No Liability For Business Losses And Unforeseeable Losses
We shall not be liable to you (including under the contract or in negligence) for any loss of profits or other business losses, or for any losses which were not foreseeable by us when the contract was made, or for any losses causes by your breach of the contract, or for any losses which were not caused by any breach of the contract or any negligent or unlawful act or omission by us. We do not limit or exclude any liability we may have to you for death or personal injury, loss or damage to property, for fraud or fraudulent misrepresentation, or to refund any payments made by you under the contract.
19. Copyright, Etc
You acknowledge that all copyrights, patents, design rights, trade marks and other intellectual property rights in and to the products shall be and remain our sole and absolute property, and that no licence (express or implied) is given to you in relation to the same.
20. Transfer Of Rights And Obligations
We shall be entitled to assign the benefit of the contract and any debts under the contract. You may not transfer the benefit of the contract or any rights under or in relation to it to anyone else without our prior written consent, such consent not to be unreasonably withheld or delayed, unless and to the extent such restriction is prohibited by law. If you are a consumer, and after you have paid for the products and they have been delivered to you, you decide to sell the products to someone else who is a consumer, you may sell with the products the benefit of your implied terms and statutory rights (as referred to in clause 16) in relation to the products, but we shall be entitled to ask for reasonable written proof of the sale from any purchaser before we will be liable for any claims from any purchaser.
We may on occasion, at our sole and absolute discretion, decide not to exercise or to wait before exercising our rights. If we do so, we shall still be entitled to insist on the strict terms of the contract later on.
Each of the terms of the contract is separate and severable, and if any term is held to be void or invalid, by any competent court or authority, it shall be severed from the contract, and the remaining terms and conditions shall continue in full force to the fullest extent permitted by law.
24. Future Changes To These Terms
We reserve the right to change these terms and conditions of sale from time to time and may update our website accordingly. Any such change will only apply to orders made by you after the date of the change. By ordering from our website you agree to be bound by the latest version of our terms and conditions of sale at the time of your order. You should periodically visit our website to determine the current terms applicable.
25. Our Right To Cancel And Vary The Contract
We shall be entitled to cancel the contract as a whole or in respect of any products or services we may decide, if: (a) we are not able to supply any of the products or services for genuine reasons beyond our control; (b) we do not have and are not able to obtain sufficient products, fabric, raw materials, or parts to produce or supply the products, or the cost of acquiring the same increases after the date of your order; (c) you do not supply us with, or unduly delay supplying us with, any fabric or design requirements for any bespoke products; (c) our website and/or your order contained any error, including in relation to the description, price, delivery charges, or other charges for any of the products, or the cost to us of delivery is higher than at the time of your order; or (d) we are unable to collect any payment from you or any payment collected from you is clawed-back by any payment provider. If we exercise this right we will offer you a full refund, and we may also at the same time offer you the opportunity to continue with your order subject to variations, or make an alternative offer, in which case we will identify any changes to the offer and state how long the alternative offer will remain open.
Save a 1/3 off second item. These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. This promotion is only available on any second item. It entitles the customer to a 1/3 off the second-highest-priced product in the customer’s basket. The promotion does not apply to eBay sales. We reserve the rights to update these terms and conditions and change the start and end dates for this promotion at any time.
This promotion will run from 30th June 2017 until 28th July 2017.
15% Off Philo Range. These terms and conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. This promotion is available on any Philo furniture on the website. It entitles the customer to a 15% discount off Philo furniture in the customer’s basket. This promotion can be used in conjunction with any other offer and will be applied on the subtotal of the product after the initial promotion has been applied. This promotion does not apply to any other products. The promotion does not apply to eBay sales. We reserve the rights to update these terms and conditions and change the start and end dates for this promotion at any time.
The promotion will run from Midday 21st July until Midday 24th July.
ARLO & JACOB
1st NOVEMBER 2014 VERSION
We draw your attention to clause 12 setting out a disclaimer of our liability.
You must be eighteen (18) years of age or older to purchase from us.
We only offer contracts in the English language.
You should keep a copy of this document for future reference.
1. About This Document
2. Information About Us
3. Who Is Our Website Targeted At?
Our website is targeted only at people who reside in the United Kingdom, and the products on our site are intended for people who reside in the United Kingdom. We do however consider orders from individuals who reside outside of the United Kingdom, at our sole discretion, so please contact us if you require delivery outside the United Kingdom and please note that additional terms and charges may be applicable.
5. Accuracy Of Content
Whilst we make all reasonable efforts to ensure that all information on this site, including product information, availability and pricing, is accurate, complete and up to date, just occasionally there may be errors which we fail to notice for which we do not accept any liability. In addition, such information is only up to date as at the time you visit the website. We reserve the right to correct any errors and to change any information (including products, availability, pricing and delivery charges) at any time without notice. If any change affects an order you have submitted, then under our applicable terms and conditions of sale or service we will give you the opportunity either to accept the change or to cancel the order and get a refund.
6. Availability Of Our Site
Our website will only be available at such times as we may decide, and we do not guarantee that our website will always be available or be uninterrupted. We may suspend our website at any time without notice and for any reason, including for upgrade, maintenance, repair, prevention of damage, and investigation. We may suspend, withdraw, discontinue or change all or any part of our website at any time without notice. We may deny you personally access to our website on a temporary or permanent basis at any time, with or without cause and with or without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
7.2 Ordering process
Our website constitutes our invitation to do business with you. However, it is not a binding legal offer from us. To order products or services from us, you need to select and order them using the checkout process on our website, or telephone us. A legally binding contract will only be formed when your order is accepted by us.
7.3 Terms and conditions of sale
Contracts for the sale or supply of goods or services by us (whether formed through our site or as a result of visits made by you) are governed by our current terms and conditions of sale and service at the time of order, which are available on request or through this website.
8.1 Mandatory information
Some information is mandatory before you will be able to submit the forms to us. Mandatory information requirements are clearly identified and may denoted by an asterisk (*). You will be prompted for this information if you try to submit a form which is missing any of this mandatory data. Where any information is not marked with an asterisk then such information is optional, and you do not need to fill it in if you do not wish to do so.
8.2 Accuracy of your information
When you submit any form to us, you represent to us that the information it contains is true, accurate, current, and complete in all respects, and that you are the person identified in the form, and that the form is submitted by the person identified in the form or by a person with their authority to do so. We will rely on the truth and accuracy of the information you provide.
8.3 Error correction
You may at any time before submitting your form use the back button on your browser to go back and correct or change any information. If you think there is any error in the information you have provided after you have submitted it, you can contact us at any time to correct it.
9. Accounts And Other Registration On Our Website
9.1 Requirement for registration
To use some of the services or features made available to you on our website (such as accounts, forums, memberships, review and comment functionality, and loyalty programmes) you may need to register with our website. We may accordingly restrict access to some parts of our website and functionality on our website to persons who have registered with us for access to that part or functionality.
9.3 Updating your information
Should any of your registration information change, you must update your details using functionality provided within our website or alternatively contact us.
9.4 Log-in details
9.5 Use of your registration
Anything done through your registration with our website is deemed to be done by or on behalf of you with your full authority.
9.6 Suspension and termination
We may suspend or terminate your registration and/or your ability to access or use any features, services or functionality on our website at any time and for any reason, with or without prior notification to you.
10. Our Intellectual Property Rights
You acknowledge that we and the companies in the same group of companies as us own the copyright, trademarks and all other intellectual property rights in this site and all products identified on this site.
10.2 Licence to you
11. Your Conduct And Content
11.1 Use of our website
You agree to use our website only for lawful purposes reasonably connected to the intended purposes of our website, and you must not use our website for or in connection with any unlawful or criminal activity. You must not seek to gain access unlawfully to our website or any underlying systems. You must not use our website to market or advertise any third party, including any third party products or services.
11.2 Customer review and other interactive functionality
We may offer comment and review facilities and other interactive functionality from time to time, enabling you and others to post content to our website. As we are sure you are aware, anything you post online is available for the world to see, and may be subject to moderation or deletion by us at any time without giving any reason or notice to you. You agree that you will be personally responsible for your use of all interactive functionality and for all of your communication and activity on our website. You agree that we will not be responsible or liable for the content or accuracy of any content posted by you or any other user of our website. Please exercise discretion when communicating with others using our community functionality, and never make any assumptions about them. The views expressed by other users on our site do not represent our views or values.
11.3 Your content
You shall ensure that anything you post to our website (including text and pictures), whether as a customer review or through our other interactive functionality: (a) reasonably relates solely to us and our products and services and is an expression of provable fact and not unsubstantiated opinion; (b) is in accordance with any rules or acceptable use policies we may publish from time to time; (c) is not posted in breach of any duty of confidentiality or in infringement of any rights of a third party; (d) is not unlawful, defamatory, threatening, or an expression of prejudice based on race, sex or any other protected characteristic, and is not an incitement to hatred or violence; (e) is not detrimental to people, institutions, or religions or to people's privacy; (f) is not capable of causing harm to minors or unwarranted distress to any person; (g) is not detrimental to our trade marks or our website content; (h) is not personal data of a third party; (h) is not using our site to promote and advertise any business, product, service or other thing; (i) does not advocate illegal activity or discuss illegal activities with the intent to commit them; (j) is not vulgar, obscene, discourteous or indecent; (k) is not software or a virus. Any content you upload to our community functionality will be considered non-confidential. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy, or any breach of law.
11.4 Licence of your content
In relation to anything your post to our website (including text and pictures), whether through any community functionality or otherwise, you hereby grant to us a perpetual, irrevocable, royalty free, transferrable licence, with the right to grant sub-licences, to use, copy, edit, distribute, adapt, publish, translate, publicly perform and display, create derivative works from and do anything else whatsoever with that content, including (without limitation) publication and republication in any form, medium or technology (whether now known or later developed) in any part of the world and for any purpose. In particular, by posting a message or other content on our website (including sending in photos to any photo gallery), you understand that such content enters the public domain and therefore may be used by us for marketing and other purposes without any compensation required to be paid to you. You waive all moral rights (including to be identified as author) in relation to such content. You warrant that you have the right to grant the licence above, and that the exercise by us of that licence shall not infringe any copyright or other intellectual property rights in any part of the world.
You must not misuse our site by knowingly introducing viruses. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. You should ensure that any phone, tablet, laptop or other computer that you use to access this website has up to date firewall, anti-virus and other security software running on it, to provide you with protection against any viruses which may have infected our website or systems in spite of any security measures that we may deploy, or which may be present on any third party website that you may visit which is linked to from our website. We do not represent or promise that our website (including its content and systems) will be free from any third party viruses, or that any third party website that our website may link to will be free from viruses. A virus includes any spyware, exploit, trojan, worm, logic bomb or other malicious or deliberately harmful software or material.
12. Limitation And Exclusion Of Our Liability
12.1 Protected liability
Nothing in the following clauses shall affect, and we do not limit or exclude, any liability we may have to you for: death or personal injury; loss or damage to physical property; fraud or fraudulent misrepresentation; under the Data Protection Act 1998, including liability for failing to take appropriate technical and organisational measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data; or which may not be limited or excluded by law.
12.2 Sale contracts
12.3 Website usage
12.4 Excluded Losses
We shall not be liable to you (including in contract or in negligence) for: (a) any loss of profits, revenue, contract, goodwill, business data or other business related loss or damage; (b) any losses which were not foreseeable by us when the contract was made; (c) any losses which were not caused by any breach of the contract or any negligent or unlawful act or omission by us; (d) any losses caused by any act or omission on your part; or (e) anything caused by any event or circumstance beyond our reasonable control.
We reserve the right to change these website usage terms from time to time and will update this page accordingly. By using this site you are accepting these terms and agree to be bound by any such revisions in effect at the time of use. You should therefore periodically visit the web page to determine the current usage terms applicable.
These terms, your use of our website, and any claim relating to our website or based information on our website, is subject to the law of England and Wales, and any claims are to be brought exclusively in the courts of England and Wales.