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Terms and Conditions for Online and Telephone Orders
The following Terms and Conditions apply to orders placed via BanburuModernFurniture.co.uk website or via telephone orders placed with the Online Sales team on 01295 273960 / 07447902014.
Welcome to the Banbury Modern Furniture website and telephone terms and conditions page. Please read the information carefully before using the website or placing your orders over the phone. These terms do not affect your statutory rights. Your continued use of this website constitutes your agreement to be bound by these terms and conditions which shall also govern all transactions on the website or over the telephone to the exclusion of any other terms and conditions.
Banbury Modern Furniture ("BMF "we", or "us") reserves the right to change these terms and conditions from time to time without notice to you and any changes will take effect on the day they are posted. Any such changes will be posted on this section of the website. You will be requested to read and accept these terms and conditions every time you place an order. For this reason we encourage you to review them whenever you use this website to ensure that you are familiar with the latest terms and conditions. We also recommend to all our customers to print and retain a copy of the terms and conditions for future reference.
Before you place an order, if you have any questions relating to these terms and conditions please contact our Online team by e-mail or call on 01295 273960 / 07447902014 for further assistance.
PURCHASE OF PRODUCTS
1. Creating the Contract
1.1 You place an order on the website by selecting an item and following the instructions provided by our website.
1.2 Please check and correct any input error in your order before completing the checkout.
1.3 After you have submitted your order you will receive an order acknowledgement e-mail. Please note that this e-mail is an acknowledgement and not acceptance of your order.
1.4 Once payment has been authorised and we have determined the availability of stock we will arrange the delivery of the goods to you. This will mean the acceptance of your order and the creation of a legally binding contract between us.
1.5 We reserve the right to decline all or part of any order for whatsoever reason and should this occur we will e-mail you with these details.
1.6 It is recommended that you retain all e-mails relating to your order and contract.
1.7 The details of your specific contract are filed by us. Should you want any information regarding your order you may contact us.
2.1 Once your order is received, Paypal will process the payment for your order. In the event that there is insufficient stock to satisfy your order you will be informed as soon as possible. A refund will be processed through Paypal for the payment of the order. Payments can also be made using your credit/debit card or a bank transfer.
2.2 We do not operate a ‘cash on delivery’ system, unless partial deposit has been paid (usually 50% of item’s value)
2.3 All prices and charges on this website are quoted in UK pounds. The price you pay for your order is that price which is displayed on the website. Prices include VAT unless otherwise stated but exclude delivery charges. Delivery charges are calculated basing on the proximity of your delivery address to our distribution centre. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you an option of reconfirming your order at the correct price, or cancelling the order. If we are unable to contact you we will treat the order as cancelled and you will receive a full refund.
2.4 We can only deliver to addresses within mainland England and Wales for the price of our "Free Delivery Service". For the Scottish Mainland and other off shore locations, additional charges will apply. Prices are available on application. For the Channel Islands, Isle of Man, Scottish Islands, Northern Ireland or the Republic of Ireland where we are able to obtain quotations, again additional charges will apply. Customers in these areas may prefer to appoint their own carriers.
3. Delivery of goods to you
3.1 We will deliver the goods you have ordered to the address you give us for delivery at the time you place your order.
3.2 We aim to deliver your furniture within the times quoted on our website when you place your order. These are quoted as the estimated time that we believe we can deliver the order to you based on stock levels and or lead times from our suppliers. Where multiple items have been ordered, we will endeavour to deliver them all together by the longest delivery time quoted, unless a split delivery is requested. This additional service will be subject to a further carriage charge. If the circumstances of your order change, we will contact you. If, however, it is delayed due to circumstances beyond our control, then we cannot accept any liability for consequential loss.
With limited storage facilities, we endeavour to deliver your order as swiftly as possible, usually no later than 7 days after it becomes available. We would appreciate you accepting delivery on the same basis.
For customers who live in the Highlands and Islands of Scotland (including mainland codes starting FK, PH, PA20-38, DD, AB, IV, KY) and other off shore locations such as the Isle of Wight, additional delivery charges will apply. You may complete your order via the website in the normal way. At the end of the process, however, you can choose to submit your details for a quotation, and we will call you back within 48 hours; or you may phone us direct for further assistance.
3.3 You will become the owner of the goods (and be liable for the loss or destruction of the goods) at the time of delivery, provided that we have received payment in full for the goods.
3.4 All deliveries must be signed for.
3.5 Delivery scale:
Flat pack furniture: up to 3 weeks
Upholstered / customized furniture: up to 6 weeks
4. Access to the destination room
4.1 Before placing an order, please check that the items of furniture will fit through any passages, stairwells, landings and doorways on the way to the destination room.
5. Cooling Off Period (applicable to online orders only.)
5.1 You are entitled to a statutory cooling off period beginning from the date you placed your order online or over the telephone and ending 7 working days after the date that the goods are received. Certain goods are exempt from this cooling off period, for example a mattress which has been taken out of its sealed packaging in which it was delivered, and special order or bespoke items ordered.
5.2 You must inform us in writing during the cooling off period that you are cancelling the contract (e-mails are accepted).
5.3 If you have not received the goods at the time of cancellation of the contract, and we have not processed the goods for delivery, we will refund to you all the monies paid by you for the goods.
5.4 If you have decided to cancel goods after receipt, the goods must be returned to us as soon as possible. You are the owner of the goods once they have been delivered to you and you are liable for their loss or destruction. We will refund to you all the monies paid by you for the unwanted goods in question, including the original delivery charge if applicable.The refund will be in the same form of payment originally used for the purchase as soon as possible, and in any event within 30 days of your order being accepted. This refund will be in full, however if the returned goods have not been looked after by you with reasonable care and are not in the condition that they were in when delivered to you, we reserve the right to pursue a claim against you separately.
6. Damaged or Defective Goods
Every effort will be made to ensure that the goods you have ordered arrive undamaged and without defect.
However if the goods are found to be either damaged or defective in any way at the time of delivery, you have the right to reject the goods.
6.1 After Delivery: If the pre-existing fault or damage is discovered after delivery, you should contact us as soon as you notice the defect or at the latest within 7 days of delivery
7. Cancellation by Us
7.1 We reserve the right not to accept any order request if:
7.1.1 we have insufficient stock to deliver the goods you have ordered;
7.1.2 we do not deliver to your area;
7.1.3 one or more of the goods ordered was incorrectly described or priced on the website;
7.1.4 the payment transaction is not authorised; or
7.1.5 you have not complied with the provisions of paragraph 11 of these terms and conditions.
7.2 If we do cancel your contract we will notify you by e-mail and will refund to you any sum paid by you to us in respect of the contract as soon as possible, and in any event within 30 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
8. Stock Levels
8.1 As far as reasonably possible all products featured to buy on the website are either in stock and available at the time of ordering, or are produced to order with the anticipated lead-time published on site
8.2 If any item is out of stock you will be notified.
9. Unforeseen Circumstances
While every effort is made to meet our customers' demands, cancellations or variations may be necessary as a result of an Act of God, war, strike, lockout, labour dispute, fire, flood, drought, or other causes beyond our reasonable control.
10. Complaints and Remarks
10.1 If you have a complaint or a particular remark to make please do not hesitate to contact us.
10.2 Any complaint will be dealt with fairly, effectively and confidentially. Your statutory rights as a consumer are unaffected.
11. Contractual Capacity
11.1 In order to be eligible to enter into a contract with us to purchase goods through the website you must:
11.1.1 provide the required information including your real name, delivery address, e-mail address and telephone number;
11.1.2 be over the age of 18.
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 terms and conditions will not be affected.
These terms and conditions shall be governed by and construed in accordance with English law and you hereby agree to be subject to the non-exclusive jurisdiction of the Courts of England and Wales. All contracts are concluded in English.
14. Data Protection and Privacy
Information you provide to us remains confidential. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully and in accordance with the Data Protection Act 1998. We collect information about you for two reasons: firstly, to process your order and, secondly, to provide you with the best possible service. You acknowledge that you consent to the processing of such information.
We do not store credit card details nor do we share customer details with any 3rd parties
All of our products are sourced from carefully chosen and highly respected manufacturers who share our commitment to product quality, durability and value for money. Consequently, every one of our products is endorsed by a Product Guarantee which covers the structural integrity of your furniture for 3 years and all other components for a period of 2 years against faulty or defective manufacture. This guarantee excludes issues arising as a result of normal wear and tear, improper care or accidental damage.
15.1 Terms and conditions
15.1 Proof of purchase is the responsibility of the purchaser.
15.2 General wear and tear, including staining, excessive soiling, abrasion, tears and burns, accidental damage, natural cushion interior settlement and flattening and normal bed filling settlement are excluded.
15.3 The cracking of wood due to extreme changes in room humidity or direct heat source (air conditioning and radiators) is excluded.
15.4 Dye transfer from non colourfast plastics, fabrics and clothing (including denim and throws), damage or delamination of the product or finish caused as a result of contamination through contact with hair products and body products or other cosmetic applications such as tanning lotions is excluded.
15.5 The guarantee is non-transferable and valid from the date of original purchase only.
15.6 Consistent with meeting its obligations under this guarantee, BMF Ltd.reserves the right to undertake the least cost option to itself. This may involve rectifying the problem, arranging for the unsatisfactory component to be replaced or refunding part of the original purchase price.
15.7 If goods are exchanged, or a total refund is given, the goods that are deemed faulty revert to the ownership of BMF Ltd..
15.8 The amount of any claim under the guarantee shall be limited to the original purchase price paid for the unsatisfactory merchandise.
15.9 This guarantee does not extend to non-domestic usage, nor to goods which are taken outside the UK.
15.10 The guarantee may be invalidated if the purchaser does not follow or carry out proper care procedures as outlined in this leaflet or in accordance with the manufacturer’s recommendations where applicable, or where the product has been adapted, abused or altered.
15.11 BMF Ltd. is not legally responsible for transpotation costs incurred due to any issues arising during warranty period. Transport of defected goods must be covered in full by the customer.
15.12 The above conditions relating to BMF Ltd. 3 or 2 year quality guarantees are not intended to affect your statutory consumer rights.
INTELLECTUAL PROPERTY RIGHTS
The content of this Website is BMF’s ltd. (or its third party licensors). You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us (or our licensors). You may not copy, reproduce, change, modify, license, transmit or sell any material or content contained herein and you are permitted to use this material only as expressly authorised by us (or our licensors).