1.1. These are the terms and conditions on which we supply products to you, whether these are physical items (goods), services or digital content.
1.2. 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.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. We are Luxury Furniture Sale Ltd a company registered in England and Wales. Our company registration number is 11195134 and our registered office is at 4-5 Roslin Road, London, England, W3 8DH.
2.2. You can contact us by telephoning our customer service team at 0208 752 8931 or by writing to us at firstname.lastname@example.org or to 1 Western Avenue Business Park, Mansfield Road, London, W3 0BZ.
3. BASIS OF CONTRACT
3.1. When you place an order, you will receive an acknowledgement email confirming receipt of your order. Our acceptance of your order will take place when your payment is approved, and we have debited your credit or debit card at which point a contract will come into existence between you and us.
3.2. If we are unable to accept your order, we will inform you of this in writing 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 we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3. Your order once confirmed, will be assigned an order number which we will confirm on the order acknowledgement which we will send you. Please quote this number whenever you contact us about your order.
4. OUR PRODUCTS
4.1. Products may vary slightly from their pictures. The images of the products on our website and on our brochure 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, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 3% tolerance.
4.2. The packaging of the product may vary from that shown in images on our website and in our catalogue or brochure.
4.3. 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 by contacting us.
5. YOUR 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
7. DELIVERING THE PRODUCTS
7.1. The costs of delivery will be as displayed on our website or on your order acknowledgement.
7.2. During the order confirmation process we will provide the planned delivery date(s).
(a) If you have purchased physical items (goods), we will aim to deliver these to you within 8 weeks of accepting your order provided payment has been received.
(b) If the products are one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services will be as agreed on the confirmation order subject to variations agreed by both parties.
(c) All delivery charges will be set on the order acknowledgment or quoted prior to the order being accepted. These prices are not guaranteed, and we reserve the right to amend this as reasonably necessary.
7.3. We cannot be held responsible for delays outside of our control. If our receipt of the products is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effects of the delay.
7.4. Any delivery or collection date quoted is a genuine estimate and shall not be legally binding. Scheduled deliveries will be re-arranged if you fail to meet the payment terms under clause 12.
7.5. Time of delivery or collection shall not be the essence of the contract. We will not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profit, pure economic loss, loss of market, loss of business, depletion of goodwill and similar loss, costs, damages, charges or expenses caused or the consequences of delay of delivery or collection, however caused.
7.6. It is your responsibility to ensure items purchased can fit through internal and external access points including passages, stairwells, landings and doorways on the way to the destination room. We cannot be held responsible for items not fitting within the premises. Any rework, restocking fees and additional delivery charges will be payable by you prior to final delivery.
7.7. Every effort will be made to ensure that the goods ordered arrive undamaged and without defect. Upon delivery or collection, you must sign the delivery/collection note. It is your responsibility to check the items to ensure the goods delivered or collected are as ordered, of the correct quantity and that they are of satisfactory quality. In the event of any discrepancy whatsoever, you must notify us immediately upon delivery or collection by writing the discrepancy on the delivery note. Unfortunately writing “unexamined” or “unchecked” will not be acceptable. If the item is damaged, please retain the packaging. All claims for loss or damage must be made before the end of the next working day. In all events the limits of liability for any fault or defect shall not exceed the purchase price of the item.
7.8. If we are unable, for whatever reason, to deliver the goods on the confirmed delivery date, we reserve the right to charge you further for any subsequent deliveries.
7.9. If you wish to reschedule your delivery date and time, you must do so by writing to us at least 48 hours prior to the scheduled delivery time and date.
7.10. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9:00 AM to 5:00 PM on weekdays (excluding public holidays).
7.11. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery.
7.12. 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.
7.13. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
7.14. A purchased physical item (goods) will be your responsibility from the time we deliver to the address you specified, or you collect from us.
7.15. Ownership of a purchased product (goods) is yours once we have received payment in full.
7.16. 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).
8. YOUR RIGHTS TO CANCEL
8.1. Your rights to cancel will depend on the items bought, whether they are faulty and whether they are bespoke or modified:
(a) If an item you have bought is faulty or mis-described you may have a legal right to cancel (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 have changed your mind, 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 might have to pay the costs of return of any goods;
(c) In all other cases (if we are not at fault and there is no right to change your mind), see clause: 8.5.
8.2. If you are cancelling for one of the following reasons, we will refund you in full for any products which have not been delivered. The reasons are:
(a) we have informed you of significant changes to the product which you do not agree to (see clause(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 of our control;
(d) we have suspended supply of the products for technical reasons, or notified you we are going to suspend them for technical reasons, in each case for a period of more than 12 months; or
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. You do not have a right to change your mind in respect of:
(a) All made to order items including bespoke orders and standard bespoke
(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;
(d) any products which become mixed inseparably with other items after their delivery.
8.5. Non-returnable items excluded from all change of mind returns include:
(a) Mattresses, bedding and pillow
(b) All forms of clearance stock
(c) Clearance items
(d) Personalised items
(e) Orders for commercial or non-domestic use
9. HOW TO CANCEL AN ORDER
9.1. An order can be cancelled by following these steps:
(a) Email us at email@example.com. Please provide your name, home address, order number, details of the order and, where available, your phone number and email address.
(b) Write to us at 1 Western Avenue Business Park, Mansfield Road, London, W3 0BZ, including the order number, details of the items purchased, order date or delivery date and your name and address.
9.2. If you cancel for any reason after the products have been dispatched or you have received them, please call customer services on 0208 752 8931 or email us at firstname.lastname@example.org for a return number and labels 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.
9.3. You must contact us to obtain a return number and either return the goods in person to where you bought them, post them back to us at 1 Western Avenue Business Park, Mansfield Road, London, W3 0BZ including the return note and labels provided, or (if they are not suitable for posting) allow us to collect them from you.
9.4. Please note that items will not be accepted without a return number and document.
9.5. We will pay the costs of return:
(a) if the products are faulty or mis-described;
(b) If you are exercising your right to change your mind.If you are exercising your right to change your mind. In all other circumstances you must pay the costs of return.
9.6. 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. We will inform you of our charge for collection prior to arranging a collection.
9.7. 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. 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.
9.8. 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
10. OUR RIGHTS TO CANCEL
10.1. 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, your full name, address, contact number, email address;
(c) you do not, within 10 business days, allow us to deliver the products to you or collect them from us;
(d) you do not, within 10 business days, allow us access to your premises to supply the services; or
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 write to you to let you know that we are going to stop providing the product. We will let you know at least 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 If you have any questions or complaints about the product, please contact us. You can write to us at email@example.com.
11.2. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
11.3. If you wish to exercise your legal rights to reject products you must contact us to obtain a return number and either return the goods in person to where you bought them, post them back to us at 1 Western Avenue Business Park, Mansfield Road, London, W3 0BZ including the return note and labels provided, or (if they are not suitable for posting) allow us to collect them from you. Please note that items will not be accepted without a return number and document.
11.4. Please call customer services on 0208 752 8931 or email us at firstname.lastname@example.org for a return label or to arrange collection.
SUMMARY OF YOUR KEY LEGAL RIGHTS
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also clause 8.3.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
12. PRICE AND PAYMENT
12.1 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 the 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.
12.2 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. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we discover an error, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled.
12.4. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly where applicable and included in the 'Total Cost'.
12.5. When we receive your order, we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will only be dispatched subject to this check.
13. OUR RESPONSIBILITY FOR LOSS AND 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. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2 OR including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed]; and for defective products under the Consumer Protection Act 1987.
13.3. 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.
13.4. 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 may use your personal information. We will only use your personal information as set out in our https://luxsale.com/privacy-policy/.
14.2. By signing up to our newsletter, you consent to receiving but not limited to, correspondence, newsletters and promotional activity from Luxury Furniture Sale Ltd and including its parent, and sister group of companies.
15. OTHER IMPORTANT TERMS
15.1. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
15.2. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider.