'Conditions' shall mean these terms and conditions and terms of Website use.
'Goods' shall mean the goods as set out on the Website or other marketing material and ordered by the Purchaser.
'Purchaser' shall mean any person, firm, company, organisation or other, negotiating or agreeing to purchase the goods.
'Seller' shall mean Furnish That Room Limited of 23 Kempston St. Liverpool L3 8NG.
'Services' shall mean the services provided by the Seller in relation to the Goods.
'Website' shall mean the website www.designthatroom.co.uk or any other website owned controlled by the Seller and relating to the goods and services.
Application of these Conditions
These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Purchaser to the exclusion of all other terms and conditions. No conduct by the Seller shall be deemed to constitute acceptance of any terms put forward by the Purchaser. These Conditions also contain the conditions subject to which any visitor to the Website must comply with. Any one accessing, using or downloading the Website or its content shall be indicating their acceptance of these Conditions by such use of the Website.
All orders for goods shall be deemed to be an offer by the Purchaser to purchase goods pursuant to these Conditions.
Acceptance of delivery of the goods, signature of the form overleaf or provision of a deposit shall be deemed conclusive evidence of the Purchasers acceptance of these conditions.
Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed unequivocally in writing by an authorized officer of the Seller. Any offer to purchase Goods made orally must be confirmed in writing.
Price and payment
Payments can also be made by cheque and should be made out to Furnish That Room Ltd and sent to the address provided above or on the Website.
The price shall be as set out on the Website, confirmation of order or invoice. The price for the Goods and/or Services shall be made clear to the Purchaser prior to delivery of the Goods and/or Services. Unless otherwise stated all prices quoted are inclusive of VAT.
The price may be subject to variation by the Seller where, following the Sellers acceptance of an order, there is an increase in the cost to the Seller in Supplying the Goods.
Payment of a deposit for the Goods may be requested and shall be paid by the Purchaser to the Seller immediately upon making the order for the Goods when applicable. The amount of deposit to be payable shall be determined by the Seller. The outstanding balance for the Goods shall be paid by the Purchaser prior to delivery of the Goods. If the Purchaser fails to pay the fees prior to delivery of any Goods and/or Services the Seller shall be entitled to suspend delivery of any Goods and/or Services.
Interest on overdue payments shall accrue from the date of delivery from day to day until the date of payment at a rate of 4% above the Bank of England base rate from time to time in force and shall accrue at such a rate after as well as before any judgment. The Seller shall further have if it so decides the right to use the provisions under the Late Payment of Commercial Debts (Interest) Act 1998.
The Purchaser shall not be entitled to withhold payment of any amount payable to the Seller by reason of any dispute or claim by the Purchaser and in the case of any part delivery of the Goods shall remain liable to pay the full invoice price of all other goods delivered or available for delivery.
The Purchaser shall have no right of set off, statutory or otherwise.
The Purchaser shall reimburse to the Seller the entire cost of representing any cheque or other instrument delivered to it in payment of any sum due by the Purchaser.
Any failure to pay on the due date will represent a breach of a contract condition entitling the Seller to rescind the contract for breach of condition and/or to claim damages.
Subject to the Consumer Protection (Distance Selling) Regulations 2000 (the Regulations), if the Purchaser cancels its order at any time the Seller may treat the agreement to purchase the Goods as repudiated by the Purchaser and any deposit provided by the Purchaser for the Goods shall be forfeited and retained by the Seller without prejudice to the Sellers rights to recover from the Purchaser any loss, costs or damages in connection with the Goods incurred by the Seller as a consequence of cancellation as it shall think appropriate and shall have no obligation to account to the Purchaser for any price received by any third party for the Goods.
In circumstances where the Purchaser is a business purchasing furnishing packs, a deposit to the amount of 30% of the full order price along with any relevant VAT shall be required prior to deliver. The remaining balance must be paid with 14 days on completion and signed acceptance of works.
Delivery of the Goods ordered by the Purchaser shall be deemed to have been effected when the Goods reach the premises of the Purchaser at which point all risk shall pass to the Purchaser. Subject to the Seller being in receipt of payment in full for the Goods title in the Goods shall pass to the Purchaser.
The Seller shall use reasonable endeavors to deliver the Goods on the estimated delivery date but shall have no liability whatsoever for any loss, costs or damages occasioned by delay in delivery arising out of any cause whatsoever.
Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Purchaser shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 3 months of the estimated delivery date.
Where forward instructions are required from the Purchaser and the Seller has given notice that the Goods are ready the Purchaser shall give such instructions in writing and in reasonable time and if the Seller does not receive such forwarding instructions it shall deliver the Goods as it thinks suitable.
The Seller reserves the right to make an additional charge for deliveries outside its place of business.
All deliveries made or work done at the Purchaser's request on Bank Holidays, weekend and outside working hours may be subject to an extra charge.
Accuracy of Description of Goods
Photographs and descriptions of the Goods shall be provided on the Website. All descriptions, specifications, drawings and particulars of colors, accessories, weights and dimensions submitted by the Seller or otherwise contained in the Seller's price list, technical literature, or other published matter are approximate only and none of these shall form part of any contract or give rise to any independent or actual liability upon the Seller.
The quantity and description of the Goods may be given in a quotation from the Seller and will be set out in any confirmation of order sent to the Purchaser prior to or on delivery of the Goods and/or Services.
The Seller reserves the right to alter the details and description of the Goods and/or Services at any time without notice. The Seller reserves the right to modify, supplement, move or delete parts of or add to the Website at any time without notice.
Quality and Liability
All terms, conditions and warranties (whether implied or made expressly) whether by the Seller or its servants or agents or otherwise (other than those express warranties set out in the current edition of the Sellers relevant documentation) relating to the quality and/or fitness for purpose of the Goods are excluded.
The Seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.
In the event of any breach of these Conditions by the Seller the remedies of the Purchaser shall be limited to replacement of the Goods or damages. Under no circumstances shall the liability of the Seller exceed the price of the Goods. The Seller shall not be liable for any marks, scratches, chips or any other defects that should have been noticeable or apparent on delivery and are not reported to the Supplier within three days of delivery.
Subject to any warranty provided for the Goods the Purchaser shall inspect the Goods on delivery and shall within three working days from when the Purchaser has had first sight of the Goods notify the Seller of any alleged defect, fault or damage. The Purchaser shall afford the Seller an opportunity to inspect the Goods if the Seller thinks it necessary to do so within a reasonable time following notification and before any use is made of them. If the Purchaser shall fail to comply with this provision the Goods shall be conclusively presumed to be in accordance with the description and free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Purchaser shall be deemed to have accepted the Goods.
If the Purchaser fails to make payment for the Goods in accordance with any agreement with the Seller or these Conditions or commits such agreement or these Conditions or if the Purchaser offers to make any arrangement with its creditors or if any petition in bankruptcy is presented against the Purchaser or the Purchaser is unable to pay its debts or any resolution or petition to wind up the Purchaser (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a receiver, administrative receiver or manager shall be appointed over the whole or any part of the Purchasers business or assets or if any petition for the appointment of an administrator is presented against the Purchaser all sums outstanding in respect of the Goods shall become payable immediately. The Seller may in its absolute discretion and without prejudice to any other rights which it may have suspend any deliveries of Goods to the Purchaser and/or terminate any agreement it has with the Purchaser without liability upon its part and/or exercise any of its rights pursuant to these Conditions.
The Seller may cancel an agreement at any time before the Goods are delivered by giving written notice. On giving such notice the Seller shall promptly repay to the Purchaser any sums paid by the Purchaser in respect of any deposit. The Seller shall not be liable for any loss or damage whatever arising from such cancellation. No cancellation of the whole or any part of any order by the Purchaser is permitted except where expressly agreed in writing by an authorized officer of the Seller and on terms which will indemnify the Seller against any loss incurred or in accordance with the Regulations.
Where any Goods have been posted to the Purchaser, acting as a consumer only, following an order and the Goods are capable of being returned to the Seller in the same condition the Seller shall have a cooling off period of seven working days from making the order in which to cancel the order and if the Purchaser does cancel the order it shall be refunded any payment made for the cancelled Goods within thirty days following receipt by the Seller of notice in Writing from the Purchaser of its cancellation and further subject to the Purchaser returning the ordered Goods to the Seller at the Purchasers own cost.
All copyright and other rights (including, without limitation, database rights, trademarks (whether registered or unregistered) and all other intellectual property rights) in and to the Website and its contents (which for the avoidance of doubt shall include all information contained in or available from the Website ("the Content")) and all promotional material are owned by or licensed to the Seller or are otherwise used by the Seller as permitted under applicable laws. The Purchaser may use, view, download, copy or print textual or graphic content of the Website provided that it is solely used by you for the purpose as set out on the Website and provided that you do not change or delete any copyright, trademark or other proprietary notices in the Content. Under no circumstances may you use the Content in a manner that may give a false or misleading impression of the Seller. Any licence does not include any resale or commercial use of this Website.
You agree not to copy, reproduce, store in any medium (including, without limitation, in any other website's), distribute, transmit, modify, alter, disseminate, create derivative works from all or any part of any of the Website's or Content or edit any part of any of the Website or Content other than as permitted above without obtaining the Seller's prior written consent. The Purchaser may not use any meta tags or any other hidden text. The Purchaser shall not use any trade mark of the Seller without its express written consent.
Neither party will be liable for any delay in performing or failure to perform any of its obligations under any agreement or these Conditions caused by events beyond its reasonable control (Force Majeure Event).
Either party may, if the delay or stoppage continues for more than 90 continuous days, terminate the agreement for the Goods with immediate effect on giving written notice to the other and neither party will be liable to the other for such termination. The party claiming the Force Majeure Event will take all necessary steps to bring that event to a close or to find a solution by which the contract may be performed despite the Force Majeure Event.
Not withstanding that the whole or part of these Conditions may prove to be illegal or unenforceable the other Conditions remaining shall remain in full force and effect.
For the avoidance of doubt nothing contained in these Conditions shall confer on any third party any benefit or the right to enforce these Conditions except where otherwise agreed in writing by an authorized officer of the Seller.
No delay or omission in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy and no single or partial exercise thereof shall preclude any other or further exercise thereof or the exercise of any other rights or remedies. No waiver shall be binding or effectual for any purpose unless expressed in writing and signed by an authorized officer of the Seller and any such waiver shall be effective only in the specific instance and for the purpose given.
These Conditions are subject to the law of England the courts of which shall have exclusive jurisdiction.
When you visit or use a Website of Furnish That Room Limited (the Company) the Company may require certain details including, personal data (as defined in the Data Protection Act 1998 (the Act)) from you, including without limitation your name and email address. This policy is in relation to these details and any other personal data that the Company subsequently collect from you or about you or any other third party (collectively "the Information"). The Company considers your privacy to be very important and this policy sets out the reasons for requesting and using the Information.
Use and Disclosure of Information
The Company will use the information in a variety of ways, some of which will assist and enable the Company to provide its services to you. This may include for example the Company contacting you directly to monitor progress and to inform you of the Company services, delivery goods ordered by you and ensuring you are happy with the service provided by using and publishing certain Information (e.g. your name and email address or method of payment) on certain pages of the Company website's (which, for the avoidance of doubt, can only be accessed by you). The personal details the Company requests allow the Company to contact you by letter, telephone fax or email. Other details requested are for the purposes of calculating the costs of the services required and the price of any services.
The Company reserves the right to report any activity which the Company suspects violates any relevant laws or regulations to the appropriate authority. If the Company is requested by such authority for the information the Company reserves the right to disclose it to them.
Warranties and Indemnity
You represent, warrant and undertake to the Company that:
1. You have fully complied with the Act in all respects in relation to the Information;
2. In providing the information to the Company for the purposes detailed above you will not in any way be in breach of the act.
You shall indemnify and keep the Companies directors, officers, employees and agents fully indemnified against all actions, claims, proceedings, costs and damages (including without limitation any damages or compensation paid by the Company on the advice of its legal advisors to compromise or settle any claim) and all legal costs or other expenses arising out of any breach of the above representations, warranties and undertakings or out of any claims by a third party based on any facts which if substantiated would constitute such a breach.
Keeping the Company's records accurate
The Company aims to keep all Information it holds as accurate and up to date as possible. If you would like to review or change the Information you have supplied to the Company, please contact the Company as set out below. The Company will store the information in accordance with its obligations under the Act.
All Information will be kept as confidential and as secure as possible through the use of the Company secure server software. This means that Information can only be exchanged between you, the Company and any third party to whom the Company decides to transfer the Information to for the purposes detailed in the Company website or the Company documents. Furthermore as required by the Act the Company follows strict security procedures in the storage and disclosure of the information which you have given to the Company so as to prevent unauthorised access.
The Company uses industry standard practices to safeguard the confidentiality of the information. The Company treats the information as an asset that must be protected against loss and unauthorised access. The Company employees use many different security techniques to protect the information from unauthorised access by users inside and outside the Company. However, "perfect security" does not exist on the Internet.
Under the Act you are entitled, on the payment of a fee and following clear written instructions, to be given by the Company a description of all personal data the Company holds about you, the purposes for which this is being processed and the recipients to whom this may be disclosed. You also have the right to have communicated to you in an intelligible form the information constituting the personal data and any information available to the Company as to the source of that personal data. If you require any further information on this point please contact the Company as detailed below.
The Company reserves the right to vary the terms and conditions of this policy from time to time. Such variations become effective immediately upon the posting of the varied policy on the company website. After such posting you will be deemed to accept such variations. You should visit this page periodically to review this policy and its terms and conditions because they are binding upon you. In the event that any term of this policy is held to be invalid, unlawful, void or for any reason unenforceable, that term shall be deemed severable and the remainder of this policy shall remain valid and enforceable. No waiver of any term of this policy shall be deemed a further or continuing waiver of such term or any other term.
Furnish That Room Ltd / Design That Room
23 Kempston St.
Company Registered Number: 5108249
VAT Registration No: 854634996
You can contact Design That Room Limited in the following way -
by email - This is our preferred method of communication because it helps us deal with your enquiry in a more convenient and efficient way. We aim to answer your email within 1 hour, depending on the request/question. You will either be contacted by *telephone or email, by someone who is best suited to deal with your enquiry. Please see the options below and make the most relevant choice -
email@example.com - For any general information about the services we can provide. Also to enquire about your order.
by post - You may wish to contact us by post for whatever reason or to simply send payment by cheque. You can do this by using the following address:
Furnish That Room Ltd / Design That Room
23 Kempston St.