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Terms & Conditions

TERMS AND CONDITIONS

 

Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:

03330 503779
[email protected]
Alison Business Centre, Alison Crescent, Sheffield, S2 1AS. 

Terms & Conditions

 

This page contains information on the terms and conditions for purchases from Furnishing Horizon. By using or accessing this website and/or placing any order(s), you agree to be legally bound by these terms and conditions.

 

Business Policies

 

All orders are subject to our full terms and conditions (below). Nothing in these conditions affects your statutory rights as a consumer.

Standard conditions of sale

 

  1. Definitions (Section 1).

 

  1. “Buyer” means the person who buys or agrees to buy the Products from the Seller.
  2. “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
  3. “Delivery date” means the date specified by the Seller when the Products are to be delivered.
  4. “Products” means those goods specified.
  5. “Price” means the price for the Products including carriage, packing and VAT.
  6. “Seller” means Furnishing Horizon.
  7. “Consumer” shall bear the meaning ascribed in section 12 Unfair Contract Terms Act 1977.

Conditions applicable (Section 2).

 

  1. Nothing in these conditions shall affect the buyer’s statutory rights as a consumer.
  2. The Seller shall sell and the Buyer shall purchase the products in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders placed using the Seller’s electronic online ordering service, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
  3. Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
  4. If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
  5. If the Seller does not have sufficient stock to be able to deliver the goods ordered by the Buyer then any sum paid by the Buyer will be refunded or re-credited to your account and the Seller will notify you at the address given by you in your order form. The refund will be made as soon as possible and, in any event within 30 days of your order . The Seller will not be obliged to offer any compensation for disappointment suffered.
  6. By placing an order using the Seller’s electronic online ordering service the Buyer is making an offer which will not become a binding contract until the order is accepted by the Seller. The taking of payment from the Buyer’s credit card does not indicate acceptance of the order by the Seller. If the Buyer’s order is ultimately rejected by the Seller a refund will be made immediately.

The price and payment (Section 3).

 

  1. Save as provided otherwise herein the Price shall be that as stipulated in the Seller’s published price list current at the date of order of the Products. Any event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the contract upon written notice. If notice of price increase is given by the seller, the buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the seller within 14 days of delivery of the notice of price increase to the buyer.
  2. Payment of the Price shall be due at the date of the order unless otherwise stated. Time for payment shall be of the essence. If the Buyer does not pay the Price on notification of shipment the Seller may bring an action for the Price even though property in the Products has not been passed to the Buyer. If the Buyer fails to make payment as required the Seller may suspend delivery of the Products or any further Products ordered until payment is made in full.
  3. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 2% above Barclays Bank Plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.
  4. If more than one item is purchased and not all the item(s) are in stock, a refund will be made for the out of stock item.
  5. Items are subject to price change due to stock fluctuations and promotions on a regular basis. For new orders we will not refund the price difference or price match once an order has been placed. If an order is cancelled and then re-ordered to the same address an administration charge of £37.50 will be required. Items priced in error on our website will be cancelled, refunded and the buyer informed by email.
  6. Regrettably, in certain circumstances, we may not be able to process orders where payment is from a bank outside of the UK.
  7. The products
    1. The quantity and description of the Products shall be set out in the Seller’s quotation.
    2. The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller’s specification.
    3. Photographs are for illustrative purpose only, and may not exactly match the product itself

    Warranties and liability (Section 4).

     

    1. All goods supplied by the Seller come with a manufacturer’s warranty of at least 12 months.
    2. The Seller shall provide the Buyer with such information as is required to claim under the manufacturer’s warranties. In the event of a claim, the Buyer shall in the first instance contact the Seller’s customer service department.
    3. The Seller does not provide any warranty cover against defects in his own right.
    4. Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
    5. The Seller shall not be liable for any damage or defect arising from placement of furniture with underfloor heating and/or close to radiators and/or, similarly, in a location affected by direct sunlight/natural elements/weather for a example a conservatory or any other natural factors. The seller will not be responsible for any damage or defect arising from moving the furniture from the location it is delivered to a different location.
    6. Insofar as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state whichever is more financially viable for the seller or to refund to you any sums actually paid by you for the goods in question. Any damage to packaging should be noted on the delivery note. Any damage to the product must be notified within 14 days of receiving the products, in line with the Consumer Contracts Regulation.
    7. Pictures will be required for any damage or concerns for us to be able to resolve. The seller is thus not responsible for any damage notified after this time. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. Nothing in this Clause 5 affects your statutory rights as a consumer.
    8. The Seller shall not be liable for any injury or accident caused whilst receiving or carrying goods/products to either the person or property or both. This does not affect your statutory rights as a consumer.
    9. Please ensure as with all oiled oak products that the products are oiled within the first month of receiving and then every 6 months thereafter. If the care instructions are not followed this may affect your warranty.
    10. Although our furniture has been dried naturally, and kiln dried, movement and cracking can occur. Keeping your wooden table or counter in a cool environment, with a temperature of around 72 degrees and a relative humidity of approximately 45-55%, with some air movement will help to avoid excessive warping or cracking. Vinyl table cloths and glass tops can prevent air from circulating, so it is best to avoid using these. A sudden change in temperature or humidity will cause the moisture within the wood to be affected which causes tension within the material, changing your thermostat gradually as the seasons change will help to prevent this. Excessive heat and drying can cause your wooden furniture to crack or split. Avoid leaving hot plates or water to stand on the piece for long periods of time and do not place it in direct sunlight. Small cracks appearing on the surface of wooden furniture is perfectly normal and caused by natural movement of the material, this can also cause epoxy or resin fills to lift and should not cause concern.
    11. Warranty does not cover commercial use.
    12. Warranty does not cover items which have been shipped off of UK mainland.
    13. Please be aware it is your responsibility to check that the packaging is not damaged. In the event of damaged packaging you MUST make a note stating ‘Packaging Damaged’ when signing for the delivery. We accept no liability for damage unless this procedure is followed.

    Delivery, Returns & Cancellations (Section 5).

       

      1. We will always try to deliver your goods as soon as possible but please be aware that the delivery in certain postcodes or during busy periods could take longer as outlined in the below points.
      2. Delivery of the products shall be made by the Seller or his agent notifying the Buyer that the products are available for collection at the Sellers premises or for delivery to such place as the Buyer may specify at the time the order is placed.
      3. The Seller shall use his reasonable endeavours to meet any date agreed for delivery. Where third party carriers are used to carry out deliveries, estimated delivery windows are not guaranteed delivery timeframes and should only be used as a guide.
      4. In any event time of delivery shall not be of the essence.
      5. In the unlikely event that our ability to deliver the goods on a pre-arranged delivery date is compromised by weather conditions or extreme circumstances outside of our control, we will always endeavour to re arrange a new delivery for the nearest available delivery slot.
      6. Please note the lead time given on the product. If there is a delay to that lead time then we will endeavour to contact you to advise you of this. Orders can be cancelled for a full refund at any time prior to the order being shipped once the order is shipped all delivery charges will become chargeable including on delivery paid (free delivery) offers.

       

      The Seller shall not be liable for any delay in delivery howsoever caused.
      1. All orders over £350 (and other special offers) to addresses within mainland GB are delivered free of charge, however for deliveries to AB, DD, FK, IV, KW, KY, PA and PH postcodes there will be an additional charge. If you wish to know what that is before you place the order then please email us at [email protected]. Scottish deliveries can take up to 28 days.
      2. Northern Ireland we will deliver to a nominated mainland GB address e.g. a port. Onward shipping from that point is the responsibility of the customer. We are sometimes able to deliver to these locations however delivery will take longer and an additional delivery charge will be added.
      3. Generally, where an order contains more than one item, all items will be delivered at the same time, once all items are available. However, there are occasions where it is necessary for us to make more than one delivery which is solely dependent on the supplier/manufacturer and stock availability.
      4. Where a delivery date has been agreed with our carrier but the customer isn’t present to receive the delivery we reserve the right to charge the customer a minimum of £45 plus VAT to cover part of the cost of the failed delivery.
      5. Where a delivery date has been agreed with our specialist delivery team, for marble or large glass extending tables, but the customer isn’t present to receive the delivery we reserve the right to charge the customer a minimum of £110 plus VAT to cover part of the cost of the failed delivery.
      6. An order may be cancelled at any time between the placement of the order and 14 days following delivery of the goods.
      7.  If this is not a stock item and has been ordered especially for you, cancellation will not be allowed.
      8. Where a customer has cancelled their order from one of the following postcodes, AB, DD, FK, IV, KW, KY, PA and PH, there will be an additional cancellation fee to cover the costs of the delivery surcharge. If the Buyer is dissatisfied with their purchase for any reason they may, within 14 days of delivery, contact our customer support department to notify them that they wish to return some or all items from their order.
      9. It is the buyers responsibility to return the goods and for any costs incurred for the delivery and returning of the item(s). This includes all delivery included costs stated at the time of purchase.
      • Goods must be returned to the Seller in the same condition they were in at the time of delivery to the Buyer and in their original packaging.
      • They must be in a resalable condition as good as new otherwise goods will be refuse or a reduced refund offered.
      • The packaging must be sealed with clear tape only.
      • The items must not have been assembled as by assembling the goods it can be deemed as acceptance.
      • If only part of an order is returned for any reason then the refund would be applied taking into account the full price of the product being kept by the customer any discounts that may have been applied would be nullified.
      • Refunds will be issued within 30 days of receipt of goods and after we have inspected them for damage.
      • We reserve the right to withhold all or part of your refund if items are returned damaged or not in a resaleable condition.
      • Customers must insure the items when shipping returns, as we will refuse any damaged items and no refund will be issued.

      Please note that for selected items of leather upholstery there is a minimum 50% cancellation/returns fee and on items ordered especially for you i.e. bespoke made to an individual’s specification, unless the order is cancelled within 48 hours of placement. If the item is not a leather upholstery or bespoke item then it can be returned as per the terms above.

      1. Deliveries restrictions may apply to the floor on which the property resides and the weight of the package. It is at our delivery companies discretion as to where they will deliver to, in most circumstances this will be a maximum of the 2nd floor of a property, and for any packages in excess of 60kgs we reserve the right to only deliver to the ground floor. In the event of a package weighing more than 60kgs, and for any rooms residing over the 2nd floor, it is the responsibility of the customer to take the required preparation for delivery and make their own arrangements to transfer the package to the room of their choice. The seller will not accept any liability or action for any deliveries made in addition to the maximum parameters set out within this clause.
      2. Mattresses need to be checked on delivery by the customer and are non-returnable, non-refundable once signed for and packaging has been opened in anyway.
      3. Deliveries to Scotland, Northern Ireland, Isle of Man, Channel Islands, Isle of Wight, and remote areas can take longer than specified on the site. Please allow up to 3 weeks.
      4. Deliveries to certain locations or where a delivery is required on a specific day or needed urgently maybe a one person delivery service. In this instance the item(s) will be placed in the nearest possible location.
      5. In the event that the customer has measured their property incorrectly and wishes to return or exchange their item(s) because it does not fit into the room, the customer would be required to cover the actual cost of delivery or exchange. This includes because the product is not the size the customer would now like or for health and safety reasons the product cannot fit into the property.
      6. Items ordered on ‘Next Day Delivery’ will be delivered the following working day providing your order is placed before 11am. Next Day Delivery is subject to availability and may be withdrawn from time to time when we have high demand until the backlog is cleared.
      7. ‘Select Day’ delivery items will be delivered on the day you have chosen for delivery between the hours of 7.00am and 9.00pm. A time slot will be sent via text or email the evening before the delivery.
      8. Next Day Delivery and Select Day Delivery are only available in England and Wales (NOT Scotland, for deliveries to Scotland, standard delivery is available.), it is also unavailable on the weekend and will incur a supplement charge if selected. 
      9. For bulk orders of more than 3 items an additional delivery charge may be applicable please call us for more details.
      10. For an exchange we must be contacted within 14 days of the delivery, the product must come back in the same condition it was delivered in having not been assembled, packaging in tact and the exchange charge and cost of the new item and exchange fee will need to be paid prior to delivery and once the returned item has been inspected a refund of the product returned will be issued within 30 days of return of the goods.
      11. Due to weight of some of our larger and/or heavier the delivery and assembly is limited to ground floor only. Any delivery that is unsuccessful as they are in excess of these terms and endanger the health and safety of the delivery technicians will be charged at the price of delivery plus collection of the items.
      12. There will be a charge of £250 + VAT for the return of marble or large glass extending dining tables, which are delivered by our specialist delivery team. The item must not have been assembled as assembly of the goods is deemed as acceptance.
      13. Marble Tables and Extending Glass Tables will be delivered to the ground floor only.
      14. The customer must give at least two working days notice to make changes to their order once a delivery date has been agreed otherwise they will be liable for a re-delivery charge or cancellation fee of £45 + VAT. The reason for this fee is that the delivery will already have been routed and furniture moved to the relevant warehouse depot awaiting delivery to the customer’s nominated address. A charge of £45 + VAT will be levied if there is a failed delivery due to the customer not being at the nominated delivery address within the designated delivery period. However, if failure to deliver is caused by the seller’s third-party delivery service or warehouse companies not fulfilling their agreement with the seller, the customer will not be liable to pay this fee.
      15. Delivery of marble dining tables to Scotland can only be confirmed on a case by case basis. In the event that an online transaction is made for a marble table with a delivery address in Scotland one of our Customer Services team will contact with the buyer by the next working day in order to confirm the order or to inform of a full refund.
      16. Should you reject your delivery when there are no defects to the products, you will be charged £71 + VAT in line with our Returns and Refunds Policy.

      Damages & Replacements (Section 5a)

      1. If your item(s) arrive damaged, please report this immediately to [email protected]
      2. It is important that you inspect your item upon delivery (the outer packaging) and report any issues in writing to us at [email protected] within 2 days of receiving the item. Any claim made after 48 hours will be rejected.
      3. Where shipment of a replacement has been agreed, we will endeavour to carry out the replacement as soon as possible. Please not this may vary from product to product, but please allow a minimum of 7 working days for delivery.
      4. Replacement parts may take up to 30 days if coming directly from the factory.

      Acceptance of the products (Section 6).

       

      1. Other than where the Buyer acts as a Consumer the Buyer shall be deemed to have accepted the Products 5 working days after delivery to the Buyer.
      2. By assembling the goods this we deem as acceptance and the products can therefore not be returned.

      Title and risk (Section 7).

       

      1. Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
      2. Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.
      3. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.

      Insolvency of buyer (Section 8).

      This clause applies if:

       

      1. The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or
      2. An encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or
      3. The Buyer, not being a consumer, ceases, or threatens to cease, to carry on business, or
      4. The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.

      If the Clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Products have been delivered but not paid for the Price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary.

      General (Section 9).

       

      1. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller’s premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
      2. Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer’s address as provided to the Seller.

      Headings (Section 10).

       

      1. The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.

      Representations– No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.

      Additional costs – The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.

      Proper law of contact

       This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising determined exclusively by the Courts of England and Wales.

      Promotions (Section 11).

       

      1. Promotions cannot be used in conjunction with any other offer.
      2. Specific promotions exclude orders using any interest free credit payment option.
      3. Any promotional offer is valid for new orders only, placed within the timescale of the offer stated. No retrospective discount will be adhered to.
      4. We reserve the right to refuse any order for any reason.
      5. Should a partial refund be required for any reason, any promotional discount given becomes null and void and will be removed from the amount due to be refunded.
      6. Any sales countdown banners refers to a selection of stock items only. Items in the sale promotion can change on a daily basis.

      Mailing List (Section 12).

       

      1. If you have opted in to our database we will send you special offers and promotions by email. If you no longer want to receive offers and promotions by email, you can unsubscribe by clicking the unsubscribe link in the email. We will never pass on your email address to a third party for marketing purposes.

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