Online Terms and Conditions Between a Business and Consumer for the Sale of Goods
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
General terms and conditions
This site is owned and operated by Amy Nolan of 7 Roseway, Rugeley, Staffordshire, United Kingdom (UK), WS15 2XN. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at email@example.com
1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
2. Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
3. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Amy Nolan. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or re-post anything on this website for any purpose.
4. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
5. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
7. Ordering error
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.
9. Payment terms
We will take payment upon receipt of your order from your credit, debit card or PayPal. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
10. Delivery charges
Delivery charges vary according to the type of goods ordered.
11.1 Our delivery charges are mostly ‘Free To UK Mainland Only’ on our website.
11.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
11.3 Please note that we are only able to deliver to addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles.
11.4 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.
11.5 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
11.6 Once a delivery date has been arranged, it may not be possible to change this date. If you require a change to your delivery date, it is important that you notify us as soon as possible. Should a missed delivery happen due to failure to notify us or due to no one being in to sign for the delivery, a charge of £35 will be applied before another delivery attempt can be made.
12. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.
The following warranty is in lieu of all other warranties. There are no warranties, expressed or implied, that extend beyond the limited warranty expressed within the points outlined below:
Childrens Funky Furniture warrants that the merchandise you purchase from us will be free from defects in material and workmanship.
This warranty applies to you as the original purchaser only, and only to merchandise which has remained at the original delivery site for a period of 28 days.
Should Childrens Funky Furniture receive a written complaint from a customer in respect of products found to be defective in respect of materials or workmanship only within 14 days of delivery, Childrens Funky Furniture will investigate (within a reasonable and mutually agreed time period) the same and examine the products in dispute and shall be entitled at its opinion to replace the defective product or refund the purchase price.
This warranty does not cover:
- Fabric wear, fading or shrinkage.
- Damage caused due to misuse, abuse or accidents.
- Damage or discolouration caused by sunlight or artificial lighting sources.
- Variation within the colour or graining of wood.
- Natural variation in the graining and colour of leather.
- Product that has been altered/ adjusted by the purchaser.
- Product that has been incorrectly assembled by the purchaser.
13. Cancellation rights
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us at Childrens Funky Furniture on firstname.lastname@example.org of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for any supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
For goods which by their nature cannot be returned by post you will have to bear the direct cost of returning the goods.
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.”
14. Cancellation by us
14.1 We reserve the right not to process your order if:
14.1.1 We have insufficient stock to deliver the goods you have ordered;
14.1.2 We do not deliver to your area; or
14.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
14.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
15.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.
15.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
15.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at (insert postal address) and all notices from us to you will be displayed on our website from time to time.
17. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
18. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
21. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
Childrens Funky Furniture are committed to respecting and protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Data Protection Act 1988 (‘the Act’)
We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data.
Use and collection of personal information
In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site you will need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:
- To register you with our website and to administer it.
- For assessment and analysis, e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
- To provide the information, goods and services offered through our website to you.
- For billing and order fulfillment.
If you sign up to our newsletter, we may use your e-mail address to send you information about our products and services. At any stage you can ask us to stop using your personal data for direct marketing purposes.
We may disclose your personal information to third parties:
The information you provide to us may be accessed by or given to third parties some of whom may be located outside the European Economic Area, who act for us for the purposes set out in this policy or for other purposes approved by you.
These parties fulfill and deliver your orders, process information, process credit card payments and provide support services on our behalf. We may also pass aggregate information on the usage of our website to third parties, but this will not include information that can be used to identify you.
Where you have consented, when providing us with your details, we may allow us and other companies in our group, to contact you occasionally about products and services which may be of interest to you. They may contact you by e-mail. If you change your mind about being contacted by these companies in the future, please let us know at email@example.com.
Should our business enter into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.
Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is used by third parties in accordance with this policy.
Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent. We will retain the data you provided to complete your order for a minimum of 7 years or in line with any other legal requirement put upon us. You can ask us to delete your personal information at anytime by emailing us.
A list of our current Third parties are listed below but this is not exhaustive and we will use other professional partners at short notice to complete your orders satisfactorily if necessary. These 3rd parties may also retain your data for a minimum of 7 years or for a time that is a legal requirement for them.
GFS Intermail Ltd
Stairrods (UK) Ltd
Any Manufacture of the specific Rug, Runner or furniture you have ordered
UPS, UKMAIL or any other Logistics company to enable the delivery of your order
Some of our cookies are used to simply collect information about how visitors use our website and these types of cookies collect the information in an anonymous form.
- You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
- Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Sale of Goods Act 1979 (as amended)) relating to faulty and/or mis-described goods.
To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
If you do not wish to accept cookies from our website, please leave this site immediately and then delete and block all cookies from this site. Alternatively, you may opt out of receiving information from us by e-mail, telephone, fax or post.
Our phone number is; 01491 615219 or you can e-mail us on; firstname.lastname@example.org.
We endeavor to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or willful default.
You have the right to ask us not to process your personal data for marketing purposes. We will aim to inform you before collecting your data if we intend to use your data for such purposes or we intend to disclose your information to any third party for such purpose. You can exercise your right to prevent this happening by checking certain boxes on the forms we use to collect your data.
You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request.