Terms & Conditions
Partially or fully paying an order invoice shows acceptance of these T&C
Terms and Conditions
This page (together with the documents expressly referred to on it) tells you information about us and the legal Terms and Conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you. These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our website or any other sales channel we use.
Please note that by placing an order with Rustic & Reclaimed via any of our sales channels you will be deemed to have agreed to these Terms.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms that will apply at that time. These Terms were most recently updated on 1st April 2022. These Terms, and any Contract between us, are only in the English language.
1. Who we are
1.1 We operate the website www.rusticfurniturebelfast.co.uk. We are Rustic & Reclaimed, operating from 57a Ballydonaghy Road, Crumlin, BT29 4ER, Northern Ireland.
1.2 To contact us, please see our Contact Us page.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions, colours and measurements indicated on our site are approximate only.
2.3 The packaging of the Products may vary from that shown on images on our site.
2.4 All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order, unless you confirm you wish us to do so if further stock in due within a reasonable time frame.
2.5 You acknowledge that our Products are designed for domestic use only and do not use commercial grade upholstery or other materials.
3. How we use your personal information
We only use your personal information in accordance with our Privacy & Cookies Policy. Please take the time to read this, as it includes important information and terms which apply to you.
4. If you are a consumer
This clause 4 only applies if you are a consumer and not purchasing our Products in a business capacity.
4.1 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. If you are a business customer
This clause 5 only applies if you are purchasing our Products as a business.
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
5.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and form the Contract. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
5.3 These Conditions apply to and form part of the Contract between the Supplier and the Customer. They supersede any previously issued terms and conditions of purchase or supply.
5.4 No terms or conditions endorsed on, delivered with, or contained in the Customer's purchase conditions, order, confirmation of order, specification or other document shall form part of the Contract except to the extent that the Supplier otherwise agrees in writing.
5.5 No variation of these Conditions or to an Order or to the Contract, shall be binding unless expressly agreed in writing and executed by a duly authorised signatory on behalf of the Customer.
5.6 Each Order by the Customer to the Supplier shall be an offer to purchase the Deliverables subject to these Conditions.
5.7 An Order may be withdrawn or amended by the Customer at any time before acceptance by the Supplier. An Order shall lapse unless accepted by the Supplier before the expiry of 10 Business Days after the date of the Order. If the Supplier is unable to accept an Order, it shall notify the Customer promptly.
5.8 The offer constituted by an Order shall remain in effect and capable of being accepted by the Supplier for 10 Business Days from the date on which the Customer submitted the Order, after which time it shall automatically lapse and be withdrawn OR until withdrawn by the Customer giving notice to the Supplier after the expiry of 10 Business Days from the date on which the Customer submitted the Order.
5.9 The Supplier may accept or reject an Order at its discretion. An Order shall not be accepted, and no binding obligation to supply any Deliverables shall arise, until the earlier of:
the Supplier’s written acceptance of the Order; or
the Supplier delivering or performing the Deliverables or notifying the Customer that they are ready to be delivered or performed (as the case may be).
5.10 Rejection by the Supplier of an Order, including any communication that may accompany such rejection, shall not constitute a counter-offer capable of acceptance by the Customer.
5.11 The Supplier may issue quotations to the Customer from time to time. Quotations are invitations to treat only. They are not an offer to supply Deliverables and are incapable of being accepted by the Customer.
5.12 Marketing and other promotional material relating to the Deliverables are illustrative only and do not form part of the Contract.
5.13 The price for the Deliverables shall be as set out in the Order or, in default of such provision, shall be calculated in accordance with the Supplier's scale of charges.
5.14 Prices have no VAT as we are not VAT registered.
5.15 The Customer shall pay any applicable VAT to the Supplier on receipt of a valid VAT invoice.
5.16 The Supplier shall invoice the Customer for the Deliverables at any time.
5.17 Full payment of all invoices is required prior to delivery, unless otherwise agreed.
5.18 Time of payment is of the essence. Where sums due under these Conditions are not paid in full by the due date:
the Supplier may, without limiting its other rights, charge interest on such sums at 8% a year above the base rate of Starling Bank from time to time in force, and
interest shall accrue on a daily basis, and apply from the due date for payment until actual payment in full, whether before or after judgment.
5.19 The Goods shall be delivered by the Supplier to the Location on the date(s) specified in the Order. The Goods shall be deemed delivered by the Supplier only on completion of unloading of the Goods at the Location.
5.20 The Supplier may deliver or perform the Deliverables in instalments. Any delay in performance or defect in an instalment shall not entitle the Customer to cancel any other instalment.
5.21 Time is not of the essence in relation to the performance or delivery of the Deliverables. The Supplier shall use its reasonable endeavours to meet estimated dates for delivery and performance, but any such dates are approximate only.
5.22 The Supplier shall not be liable for any delay in or failure of performance caused by:
the Customer's failure to: (i) make the Location available, (ii) prepare the Location as required for the Deliverables or (iii) provide the Supplier with adequate instructions for performance or delivery or otherwise relating to the Deliverables;
5.23 Risk in the Goods shall pass to the Customer on delivery.
5.24 Title to the Goods shall pass to the Customer once the Supplier has received payment in full and cleared funds for the Goods.
5.25 The Supplier warrants that, for a period of 12 months from delivery (the "Warranty Period"), the Deliverables shall:
conform in all material respects to any sample, their description and to the Specification;
be free from material defects in design, material and workmanship;
if Goods, be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
if Services, be supplied with reasonable care and skill within the meaning of the Supply of Goods and Services Act 1982, Part II, s 13;
be fit for purpose and any purpose held out by the Supplier and set out in the Order.
5.26 The Customer warrants that it has provided the Supplier with all relevant, full and accurate information as to the Customer’s business and needs.
5.27 The Supplier shall, at its option, correct, repair, remedy, re-perform or refund the Deliverables that do not comply with clause 5.25, provided that the Customer:
serves a written notice on Supplier not later than 5 Days from delivery in the case of defects discoverable by a physical inspection, or within a reasonable period of time from delivery or performance in the case of latent defects;
such notice specifies that some or all of the Deliverables do not comply with clause 5.25 and identifying in sufficient detail the nature and extent of the defects; and
gives the Supplier a reasonable opportunity to examine the claim of the defective Deliverables.
5.28 The provisions of these Conditions shall apply to any Deliverables that are corrected, repaired, remedied or re-performed with effect from delivery or performance of those Deliverables.
5.29 Except as set out in clause 5.25 :
the Supplier gives no warranty and makes no representations in relation to the Deliverables; and
shall have no liability for their failure to comply with the warranty in clause 5.25, and all warranties and conditions (including the conditions implied by ss 12–16 of the Supply of Goods and Services Act 1982 and ss 13–15 of the Sale of Goods Act 1979), whether express or implied by statute, common law or otherwise are excluded to the extent permitted.
5.30 The Customer shall indemnify, and keep indemnified, the Supplier from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by the Supplier as a result of or in connection with the Customer’s breach of any of the Customer’s obligations under the Contract.
5.31 The Customer shall have in place contracts of insurance with reputable insurers incorporated in the United Kingdom to cover its obligations under the Contract. On request, the Customer shall supply so far as is reasonable evidence of the maintenance of the insurance and all of its terms from time to time applicable.
5.32 The Customer shall keep confidential all Confidential Information of the Supplier and of any Affiliate of the Supplier and shall only use the same as required to perform the Contract, unless otherwise agreed by the Supplier. The provisions of this clause shall not apply to:
any information which was in the public domain at the date of the Contract;
any information which comes into the public domain subsequently other than as a consequence of any breach of the Contract or any related agreement;
any information which is independently developed by the Customer without using information supplied by the Supplier or by any Affiliate of the Supplier; or
any disclosure required by law or a regulatory authority or otherwise by the provisions of the Contract.
except that the provisions contained in clause 5.32 shall not apply to information to which clause 5.35 relates.
5.33 This clause shall remain in force in perpetuity, unless otherwise agreed by the Supplier.
5.34 The Customer shall not make any public announcement or disclose any information regarding the Contract, except to the extent required by law or regulatory authority.
5.35 To the extent any Confidential Information is Protected Data such Confidential Information may be disclosed or used only to the extent such disclosure or use does not conflict with any provisions of applicable Data Protection Laws and responsibilities.
5.35 During any contract dispute The Customer agrees to reframe from trying to gain leverage by threating to post negative and harmful content on social media. If The Customer does create a such post they also accept liability and to pay loss of earnings caused to Rustic & Reclaimed.
6. How the contract is formed between you and us when you order a product
6.1 You can place orders for Products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.
6.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
6.3 All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.
6.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
6.6 Unfortunately we can’t stop an order once manufacture has commenced and/or it has been dispatched by us. If you change your mind about your order after this point you can return the Products to us in accordance with the Returns policy below at Clause 9.
6.7 Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
6.8 You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
7. Our right to vary these terms
7.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8.1 We guarantee our Products will be free of manufacturing defects for a minimum of 12 months from the date of delivery.
8.2 In the unlikely event that you receive a defective product or a fault develops with a Product within 12 months of delivery, please contact us at email@example.com
8.3 Products deemed defective within 12 months of delivery, will be repaired or replaced only, free of charge, at our sole discretion.
8.4 The guarantee in paragraph 8.1 does not apply to any defect in the Products arising from:
8.4.1 fair wear and tear;
8.4.2 wilful damage, abnormal storage, use, working conditions or aftercare, accident, negligence by you or by any third party;
8.4.3 if you fail to install, operate or use the Products in accordance with the applicable instructions;
8.4.4 any alteration or repair by you or by a third party who is not one of our (and our suppliers) authorised repairers;
8.4.5 commercial, non-domestic use;
8.4.6 assembly, use, installation outside of the United Kingdom;
8.4.7 natural characteristics of any reclaimed or wooden furniture including expected movement as it ages, such as bows, twists, cracks and splits, natural colour variances, accidental damage, exposure to extreme heat, direct sunlight / UV colour damage, smoke damage, water damage, and other events outside of the control of Rustic & Reclaimed.
8.4.8 products no longer owned by the original purchaser;
8.5 The guarantee in paragraph 8.1 is in addition to your legal rights in relation to the Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9. Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract (under Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013) during the period set out below in clause 9.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 Your legal right to cancel a Contract starts from the date of the Payment Confirmation, which is when the Contract between us is formed. Save where clause 9.3 applies, if the Products have already been delivered to you, you have a period of 14 (fourteen) calendar days in which you may cancel the Contract, starting from the day on which you (or someone you nominate) receives the Product unless your Product(s) are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to cancel the contract. Custom, bespoke, hand made orders such as our reclaimed furniture range are not subject to distance selling/Consumer Contract Regulations and are excluded from this unless at our sole discretion.
9.3 Reclaimed furniture is a custom, bespoke, hand made product:
Part of the charm of reclaimed furniture is that each piece is hand-made and unique with its own characteristics, imperfections and features from its former life - reclaimed timber is a natural product and can be hundreds of years old! These are not mass-produced, like-for-like products. The features can include knots, holes (of all shapes and sizes), indentations, groves, bumps, notches, different grains and the surface of the pieces of furniture may not be completely flat, may have some undulation and may not be completely smooth (we always endeavour to get as uniform as possible).
Each batch of reclaimed wood will also vary lighter and darker and colouring/finishes of each piece of furniture will vary accordingly - if you order a set we try to get as uniform as possible but there may still be some variance between pieces and between planks used to create a piece of furniture. The photos displayed on our website are a guide and we can’t guarantee any like for like matches to any specific photo but endeavour to complete furniture within the range of photos displayed for a particular colour option.
As a natural, living material, the timber will also age, change and develop over time. Changes such as surface splits/spreading and new features may start to appear with the natural adjustment of the wood when it adjusts to a new environment, this is quite normal and nothing to worry about.
We always strive for everyone to be happy with their new furniture but if for some reason you’re not, please contact firstname.lastname@example.org within 14 days of delivery and we will always do our best to help resolve any concerns in the first instance. However, if for some reason we’re unable to or you’ve changed your mind, we can arrange for a collection and refund at a cost of £99. This is to cover the collection cost and a refinishing/restocking cost. Timescales for collections vary depending on delivery routes.
9.4 If you have changed your mind and wish to cancel a Contract, please contact us in writing before the expiry of the deadline referred to in clause 8.2 to tell us clearly that you wish to cancel by sending an e-mail to email@example.com or by sending a letter to our postal address. Alternatively you may wish to use the model cancellation form below, but this is not obligatory. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
Model Cancelation Form
To: Postal Address (see our Contact Us page)
E-mail address: firstname.lastname@example.org
I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*)/for the provision of the following service(*)
Ordered on(*) / received on(*)
Name of consumer(s),
Address of consumer(s),
Signature of consumer (only if this form is notified on paper)
(*) Please delete if not applicable
9.5 On cancellation of a Contract, you will receive a full refund of the price you paid for the Products and a full refund of any applicable delivery charges you paid for. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 5-7 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. We will make any refunds due to you as soon as possible and in any event your refund will be made within 14 days of your telling us you have changed your mind and once the Product has been returned.
9.6 If you cancel the Contract after the Products have been delivered to you:
(a) you must return or make the Products available for a collection as soon as reasonably practicable and in any event no later than 14 days after the date of your cancellation. If the Products are being collected this will be from the address to which they were delivered and we will contact you to arrange a suitable time for collection;
(b) All items must be in their original undamaged packaging which if opened must be resealed in exactly the same way as delivered. All items must be undamaged, unused and in perfect, as new condition. Any items that have been assembled cannot be returned. We will require photos and/or videos to be sent to us showing the condition of the items, in order to process the return.
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
(d) a collection charge will apply which will vary according to the Product. This also applies to any exchanges. For more information regarding returns and refunds, please refer to our Returns & Refunds page.
9.7 We refund you in the same way in which you made payment for the Product. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Product. We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products. 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 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Payment Confirmation.
10. If there is a problem with the Product
10.1 Your legal rights. We are under a legal duty to supply Products that are in conformity with this Contract. See below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your legal rights.
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 life of your Product your legal rights entitle you to the following:
up to 30 days: if your item is faulty, then you can get a refund.
up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
10.2 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must return them or allow us to collect them from you. You will be responsible for the cost of return or collection which will vary by Product. For more information regarding returns and refunds, please refer to our Returns & Refunds page.
10.3 If you have returned the Products to us under this clause 10 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and we will arrange for the collection of the Products from you for no additional charge to you.
11.1 Your order will be fulfilled by the estimated delivery timeframe set out on the Product page, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
11.2 Delivery will be completed when we deliver the Products to the address you provide us with. Please note that our delivery and returns policies and costs differ according to whether the delivery address is in the UK mainland or in non-mainland UK or international.
11.3 As soon as a Product is available for delivery, we shall, subject to the separate provisions in clause 13 relating to customers resident in other European Union member states, contact you by telephone or email on the email address or telephone number that you submitted on the order to arrange delivery and/or provide delivery tracking information.
11.4 You must examine the Product on arrival before you sign for the Product to confirm delivery. In the unfortunate event that you receive the wrong item or it arrives damaged, please note this on the delivery partner’s documents, and let both us and the delivery partner know. Please contact us at email@example.com within 48 hours of delivery and please include photos and/or a video of the wrong or damaged item and we’ll be in touch to resolve this for you as a priority.
11.5 You own the Products once we have received payment in full, including all applicable delivery charges.
11.6 Delivery options (such as kerbside, to your door or to a nominated room) will vary by Product and the service selected.
12. International delivery
12.1 Our site is intended primarily for use by people resident in the UK. We do, however, also accept orders from individuals resident in other, non-UK, locations, although we do not currently deliver outside of the EU unless by express agreement (please see clause 12.2).
12.2 For deliveries of Products to any non-EU address, the Product can be delivered to your nominated mainland UK freight company. It will be your sole responsibility to arrange transport thereon to your nominated destination and at your sole cost.
12.3 You must arrange for the Product to be examined and signed for on arrival at your nominated mainland UK freight company and for any issues to be reported to us before the Product leaves the UK. We are unable to accept responsibility for any damage that occurs to the Product after it has been accepted and signed for you nominated mainland UK freight company.
12.4 If you order Products from our site outside the UK in accordance with clause 12.2, for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
12.5 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
12.6 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
12.7 If we did not deliver the Product to you (i.e. you were responsible for the onward delivery of the product to a non EU address), you will be responsible for returning the Product safely and in good condition. Please contact us to discuss returns.
13. Price of Products and delivery charges
13.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 13.5 for what happens in this event.
13.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Payment Confirmation.
13.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
13.4 Product prices exclude delivery costs, which, where applicable, will be added to the total amount due during the order process. To see more on relevant delivery charges for a product, please refer to our Delivery page.
13.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
(b) if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
14. How to pay
14.1 You can pay for Products using a debit card, credit card, or Klarna. We accept all Mastercard and VISA debit and credit cards and American Express.
14.2 Payment for the Products and all applicable delivery charges is in full at the point of order, unless your purchase is with Klarna. Upon receiving your order we carry out a standard pre-authorisation check to ensure there are sufficient funds to fulfil the transaction.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
Pay in 3
Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
15. Our liability if you are a business
This clause 15 only applies if you are a business customer.
15.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes..
15.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 17 of the Consumer Rights Act 2015 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
15.3 Subject to clause 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) harm to reputation or loss of goodwill; or
(f) any indirect or consequential loss.
15.4 Subject to clause 15.2 and clause 15.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16. Our liability if you are a consumer
This clause 16 only applies if you are a consumer.
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
16.2 We only supply the Products for domestic and private use. Unless otherwise agreed, you agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 17 of the Consumer Rights Act 2015 (title and quiet possession);
(d) any breach of the terms implied by sections 9 to 11 of the Consumer Rights Act 2015 (description, satisfactory quality, fitness for purpose and samples);
(e) defective products under the Consumer Protection Act 1987.
16.4 Subject to clause 16.2 and clause 16.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation any actions, inactions or delays of our manufacturers and suppliers, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17.4 Whilst we are confident that we will be able to deliver qualifying orders in time for Christmas, if, due to reasons outside of our control, this is not possible we will deliver an alternative piece of furniture of a similar nature for you to use during the interim period. Once your ordered furniture has been delivered we will arrange a collection of the interim piece of furniture (at our cost)
18. Communications between us
18.1 When we refer, in these Terms, to "in writing", this will include email.
18.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an e-mail to firstname.lastname@example.org or by sending a letter to our postal address (see our Contact Us page). Alternatively you may wish to use the model cancellation form, but this is not obligatory. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
(b) If you wish to contact us in writing for any other reason, you can send this to us by pre-paid post to our postal address (see our Contact Us page or by sending an e-mail to email@example.com
18.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
18.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. Using our Site
19.1 Accessing our Site
(a) We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
(b) You are responsible for making all arrangements necessary for you to have access to our Site.
19.2 Your account and password
(a) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
19.3 Intellectual property rights
(a) We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. This includes, but is not limited to, the Hemming & Wills name, logo and brand identity. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
(b) You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
(c) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
(d) Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
(e) You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
19.4 No reliance on information
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
19.5 Limitation of our liability in relation to your use of our site
(b) To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
(c) We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our Site; or
use of or reliance on any content displayed on our Site.
If you are a business user, please note that in particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
(d) If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(e) We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
(f) We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
(g) Limitations and exclusions of liability applying to liability arising as a result of the supply of any Products by us to you are set out in clause 16 and 17 above.
(a) We do not guarantee that our Site will be secure or free from bugs or viruses.
(b) You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
(c) You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. 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.
19.7 Linking to our site
(a) You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
(b) You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
(c) You must not establish a link to our Site in any website that is not owned by you.
(d) Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
(e) We reserve the right to withdraw linking permission without notice.
(f) If you wish to make any use of content on our Site other than that set out above, please contact firstname.lastname@example.org
19.8 Third party links and resources in our site
(a) Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.
(b) We have no control over the contents of those sites or resources.
19.9 Notice and take down
If you believe that content available through the site:
(a) infringes your rights or any rights of a third party you represent; or
(b) otherwise breaches the Rules of Acceptable Use,
please tell us immediately.
When reporting content please provide the information described below in your notice to us: (a) your name and contact details; and (b) a statement explaining whether you believe that the content you are contacting us about: (i) infringes your rights; (ii) the rights of a third party who you represent; or (iii) you otherwise believe the content breaches the Rules of Acceptable Use.
We will take the action that we believe is appropriate depending on the nature of the content you report. This may include taking no action where we believe the reported content does not infringe any rights or the Rules of Acceptable Use. We are not obliged to discuss or inform you about our chosen course of action following a report from you
20. Other important terms
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of Northern Ireland will have non-exclusive jurisdiction. However, if you are a resident of England & Wales you may also bring proceedings in England & Wales, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
20.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of Northern Ireland.