Terms And Conditions
1.1 “Seller”, “We”, “Us” means Furniture Mill Outlet.
1.2 “Customer”, “Buyer” , “You” means any person, business, partnership or company who buys or agrees to buy the goods from the seller.
1.3 “Products” , “Goods”, “Items” means any item supplied by the seller to the customer following a contract having been entered into between the seller and the customer.
1.4 “Conditions” means the terms and conditions of sale set out in this document.
1.5 “Delivery date” means the date specified by the Seller when the Products are to be delivered.
1.6 “Delivery address” means the delivery address as supplied by the customer and advised to the seller at the time an order is placed by the customer. The seller will only deliver to and enter into a contract with a customer where the premises are in mainland UK.
1.7 “Price” means the price for the Products advertised on this website.
1.8 “Regulations” refers to The Consumer Contracts Regulations.
1.9 “Tailored” , “Special Order” means a product that is non-standard.
1.10 “Contract” refers to any contract between the Buyer and “Us” for the sale and purchase of items incorporating these conditions, whether completed electronically through this website or via other means.
1.11 “Order” refers to your offer, as the Customer, to purchase Products that you place with www.furnituremilloutlet.co.uk, whether electronically or via other means.
1.12 “Our literature” mean any document (whether in print or electronically produced) as prepared by Us, and including, but not limited to, catalogues, pricelists, and brochures.
2.1 These terms and conditions apply to the purchase of any goods from www.furnituremilloutlet.co.uk. By accessing our website and/or placing an order you agree to be bound by all of the terms, conditions and policies set out below or within the website. Nothing in these terms and conditions shall affect the statutory rights of a consumer.
2.2 Please read these terms and conditions carefully before placing your order with Furniture Mill Outlet.We may amend or remove these terms and conditions at our discretion and therefore it is important to read these each time you make a purchase.
2.3 Neither party shall be held liable for any delays or failure to perform any of its obligations if the delay or failure results from events or circumstances caused outside of their reasonable control, including but not limited to strikes, lock outs, accidents, war, fire,natural disasters at the Seller’s premises and/or its suppliers manufacturing plants, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, import or export regulations or embargoes (including the failure of the Seller’s suppliers to obtain any necessary export permits licences or other authorisations) and the party shall be entitled to a reasonable extension of its obligations.
2.4 Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its address or in the case of notices to the Buyer, at the Buyer’s address as provided to the Seller.
2.5 Failure or delay by the Seller in enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
2.6 The seller reserves the right to amend any price for any product at any time, including at the time of order at the companies discretion and without being responsible for any form of loss.
2.7 The seller reserves the right to withdraw any of the goods for sale at any point (whether be it before or after the contract) at the companies discretion and without being responsible for any form of loss.
2.8 The company reserves the right to amend the contract accordingly.
2.9 Whilst We shall endeavour to ensure that the details on the website or in Our literature are accurate, at all times, all drawings, specifications, photographs, colours, weights, and information detailed in our literature or the website or elsewhere relating to the goods are approximate only and do not form part of the contract. The company shall not be held responsible. Images are for illustration purposes only.
3.1 All products are warranted against manufacturing defects, except for all moving parts (mechanisms, castors, drawers) and seating upholstery which are subject to usage related wear and tear. We reserve the right not to apply the warranty in cases of inappropriate use or when the product has been tampered with by a third party or interventions by non-authorised personnel.
3.2 The seller will only accept liability above provided it is notified in writing within 7 working days of any such defect or failure becoming apparent to the customer and the defective goods being retained by the customer for our inspection.
3.3 The Buyer may cancel the goods at any point after placing their order, but no later than 7 working days from the day of delivery.Made to Measure Items cannot be cancelled once the order has been accepted.
3.4 Due to the hygiene aspects associated with some items (e.g. mattresses, pillows, mattress protectors, duvets), we reserve the right to reject cancellation if these items have been used. This does not apply if the items in question are found to be faulty.
3.5 Buyers can open the packaging to inspect a product on delivery, but, if they are then rejected, the Buyer must take good care of the Goods until they are collected by Us.
4. Ownership / Risks
4.1 The risk in the goods shall pass to the customer upon delivery.
4.2 The seller retains title and ownership of the goods until the price and all other sums outstanding and owing by the customer to the company are paid in full, regardless if delivery has taken place.
5.1 A contract shall exist when an order has been placed by the customer via the website of the company and payment of the price has been made in full. The seller will not enter into any contract where delivery of the goods is to premises outside England, Scotland or Wales.
5.2 The customer may not cancel a contract unless the company agrees this in writing and then only upon the terms that the customer shall indemnify the company in full against all costs, claims, actions, damages, charges and expenses incurred by the company as a direct or indirect result of the cancellation.
6.1 The seller will deliver the goods to the customer on a date to be notified and wherever possible, agreed with the customer.
6.2 Delivery charges are non-refundable, once it has been arranged with the courier.
6.3 We make every effort to deliver goods within the estimated timescale, however delays are inevitable due to unforeseen factors beyond our control and all goods and products are subject to stock availability.
6.4 We shall not be held liable for any delay or failure to deliver the products within estimated timescales. We recommend that if you are replacing existing furniture you do not dispose of until your goods arrive.
6.5 All dates quoted or provided by the company for the delivery are approximate only and although the company shall try our utmost best to supply the goods within the timescale of 28 days, or any other timescale notified by the company to the customer, time shall never be and not be of the essence at any point. The company shall not incur any liability for failure to supply or deliver goods by any given date.
6.6 The buyer consumes full responsibility to ensure that we are notified when placing an order of adequate access, to the delivery address to enable the delivery van/driver to complete the sale.If not, then the buyer is liable to pay the full re-delivery cost charged by the courier.
6.7 The customer shall examine the goods upon delivery and shall notify the company of any defects reasonably discoverable upon careful examination and sign the delivery notes with the relevant damages. Such notification shall be made in writing and must be received by the company within 48 hours, commencing with the date of delivery. In the absence of such notification, the company excludes all liability in respect of any defects or shortages. Any goods which the customer believes are damaged or defective must be retained together with the packaging for inspection by or on behalf of the company.
6.8 Due to the size of sofa deliveries, and wardrobes it is your responsibility to ensure adequate ease of access into your home, whether it is the removal of fittings such as doors or windows prior. The delivery team are limited for time and can not wait.
6.9 Sofa deliveries and custom made orders usually take up to 8 weeks.
7.1 In consideration of the supply of goods by the company to the customer the customer shall pay the company the price.
7.2 Payment for the goods shall be due from the customer in full at the time of order. A contract shall only exist when payment has been made in full.
7.3 The customer shall reimburse the company all costs and expenses (including, but not limited to, legal costs) incurred in the collection of any overdue amount.
8. Quality of Goods
8.1 The company hereby undertakes and warrants to the customer that all goods supplied will be of the requisite quality and fit for purpose in line with the appropriate statutory legislation.
8.2 The customer’s attention is drawn to the fact that (as appropriate) the goods supplied may be natural products. In particular solid wood, leather, and velvet goods may be subject to changes in colour due to their natural properties, including variations in colour. Painted goods may experience colouration differences. The company will not be held liable for any such variation in the goods which is due to the natural properties of the goods or colouration differences and the customer shall not regard the same as a breach of contract.
9. Limitations of Liability
9.1 Our total liability in regard to the performance of this contract shall be limited to the value of the Goods.
9.2 We shall not be liable for any direct, indirect or consequential losses, costs or expenses incurred or any consequential compensation arising out of the performance/or non performance of this contract.
9.3 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation or any other liability which may not otherwise be limited or excluded under applicable law.
9.4 All contracts shall be governed by the relevant UK law.
9.5 Any order placed by the Buyer and accepted by Us is subject to these terms and conditions unless specified in writing by a Director of Our Company.
9.6 A confirmation of your order will be sent automatically by e-mail, unless you are notified to the contrary within 48 hours of this confirmation, the order will be deemed to be accepted by Us.
9.7 We retain the right to refuse any order that is subject to an error on the website and will in these circumstances reimburse the Buyer in full.
10. Fraud Prevention
10.1 We retain the right to investigate any order placed on this website or by phone if we suspect it to be fraudulent. Any such order will not be delivered until it is proven that the order is bona fide. Should We be unable to prove that an order is bona fide or to contact the Buyer then the monies will be refunded to the original payment card used and the order will be cancelled.
10.2 For your protection, to ensure that your credit, debit or charge card is not being used fraudulently, we will validate your name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information.
10.3 A credit check is not performed and your credit rating will not be affected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
11. Entire Agreement Clause
11.1 The customer confirms that they have not relied upon any warranty, representation, or undertaking of or on behalf of the company by any of its employees or agents (whether written or oral) in respect of the goods and the company shall have no liability in respect thereof.
11.2 The customer further confirms and acknowledges that it is the sole responsibility of the customer alone to ensure that the goods ordered from the company under the contract shall be appropriate for the customer’s requirements.
11.3 These terms and conditions represent the entire agreement between the company and the customer.