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FirstTimeFurnishings.co.uk Terms and Conditions for Use and Sales

These terms and conditions were last updated on 27/06/2016



1. Introduction

1.1.         These terms & conditions set out the terms between the “customer”, “purchaser”, “client”, “you”, “your” and “us”, “our”, “we”, “FurstTimeFurnishings.co.uk”, “OneStrokeMedia Ltd” the website owner.

1.2.         Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full.

1.3.         You should not use this website if you do not accept with these terms & conditions in full.

 

2. Customer Information

2.1.         You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.

2.2.         Our website is only intended for use by adults, at or over the age of 18 years old. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.

2.3.         We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal may take place without recourse or explanation to you where we solely deem it appropriate or necessary.

 

3. Privacy

3.1.         We take your privacy seriously. We comply with the Data Protection Act 1998. For further details, please see our Privacy Policy.

 

4. Product Pricing and Title

4.1.         We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order, offer an alternative or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at any time up to the shipment of that order and any related items.

4.2.         We reserve the right to alter all product pricing, descriptions or titles without notice.

4.3.         Ownership for any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been dispatched.

 

5. Your Order

5.1.         All products are intended for domestic use only. If goods are to be used in contract or for commercial purposes, you do this entirely at your own risk.

5.2.         Orders are dispatched after cleared payment; this is where your money enters our bank account.

5.3.         When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.

5.4.         Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.

5.5.         Product items not included within the dispatch email are not included in the order and contract between you and us.

5.6.         We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.

5.7.         If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.

 

6. Shipping and Delivery

6.1.         All product prices displayed on this website include delivery.

6.2.         All orders received by us are shipped subject to availability.

6.3.         Orders are dispatched within 48 hours of cleared payment.

6.4.         We reserve the right to ship products at a later date (up to 30 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product.

6.5.         We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs, you will be offered delivery via an alternative delivery or fulfilment company or a full refund.

6.6.         Products are available and sold and dispatched to UK mainland addresses only. Postcodes beginning PH, PA, IV, AB and KW may be subject to an additional delivery charge. We are unable to deliver directly to Northern Ireland, the Isle of Man, the Isle of Wight, the Scottish Islands and the Channel Islands.

6.7.         All deliveries are sent with a request for a signature. No product will be left without proof of delivery. If a customer overrules this instruction, we will not be held responsible for goods which are lost or stolen.

 

7. Cancellation Rights, Returns and Refunds

7.1.         The Distance Selling Regulations no longer apply in UK law. The Consumer Contracts Regulations - which came into force in the UK in June 2014 - now apply when making online purchases. From 13 June 2014 the Consumer Contracts Regulations - which implement the Consumer Rights Directive in UK law - apply to all purchases you make at a distance. 

7.2.         Under the Consumer Contracts Regulations 2014 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or dated letter) a telephone call is not a valid cancellation and will not be accepted.

7.3.         You have 14 days from entering into a service contract in which you can cancel it.

7.4.         No other right of cancellation, refund or return exists under the Consumer Contracts Regulations 2014 once you have used your product, unless the product is defective and you are returning it for this reason.

7.5.         It is requested that you check all products upon delivery for your satisfaction. Replacement products are available where a product is rejected at delivery because of damage, this is free of charge.

7.6.         Should parts, fixtures or fittings of a product be missing from a delivery, we will provide replacements free of charge. to exercise this right, you must notify us in writing, (email or dated letter) a telephone call is not valid and will not be accepted.

7.7.         Under the Consumer Rights Act 2015 you have the right to reject goods that are unsatisfactory quality, unfit for purpose or not as described (unless you agree to an alternative product in writing with us) within 30 days from the date of purchase of your product.

7.8.         After the initial 30 days, you cannot demand a full refund.

7.9.         Goods which have been self-assembled or where self-assembly has been attempted may not be returned.

7.10.      In the interest of good customer service, we will offer to arrange a return via our dedicated couriers, the charge for which is £45.00 and is payable by you the customer. You are entitled to reject this offer and arrange alternative methods of delivery yourself.

7.11.      You are responsible for paying any postage or shipping costs incurred when returning the product. Via our couriers or your own.

7.12.      We recommend that all returns be sent via our dedicated couriers or by registered post, so that a record of the return is available for you.

7.13.      We will not issue refunds for any items lost or stolen in transit to us where a courier of your choice has been used.

7.14.      Where a return is lost or stolen in transit to us by a courier of your choice, you are responsible in claiming compensation from the company that shipped the return.

7.15.      We retain the right to offer either a replacement, repair or refund in case of return by defect.

7.16.      Goods that are sealed or shrink-wrapped and this is removed can only be returned if they are defective.

7.17.      No right of cancellation exists for personalised goods or items that have been made to order, unless defective.

7.18.      Please observe the following procedure for all returns to us.

7.18.1.   On the back of your delivery note or on another piece of paper, (if you no longer have your delivery note), include your order number and the reason for the return.

7.18.2.   If you are returning your product because it is defective, please state the defect or defects.

7.18.3.  Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. No refund will be issued where the product is in an incomplete state.

7.19.      If the original packaging surrounding the product has been damaged or destroyed, we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed, you should ensure that the returned product is adequately packed for shipment back to us.

7.20.      Unused products may be returned promptly by you to our address that will be provided to you in writing.

7.21.      Any returns for whatever reason must be initiated in the first instance by written notice to us. To exercise this right, you must notify us in writing, (email or dated letter) a telephone call is not valid and will not be accepted.

7.22.      Subject to the above, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product and once the product is back in our custody.

7.23.      Although One Stroke Media Ltd endeavours to accommodate all needs and expectations, once a bespoke order has been commissioned and manufactured refunds cannot be given. By using our bespoke service, you agree to this condition and accept that no refunds or exchanges will be provided once an item has been manufactured.

 

8.0 Customer Complaints

8.1.         We endeavour to respond to all customer complaints or queries within five working days. Complaints can be made via email to the complaints department

 

9.0 Faulty Products

9.1.         Where you experience a fault with a product it can be returned to us subject to our returns policy above. Missing/replacement parts can be ordered free of charge where a request has been made in writing, (email or dated letter) a telephone call is not a valid and will not be accepted.

 

10. Events outside our control

10.1.      We shall not be liable for delay or failure to perform any obligation under these terms & conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute

 

11. Licence

11.1.      We grant you a licence to access the content, information and services contained within our website for personal use only.

11.2.      This licence allows you to download and cache (using your browser) individual pages from our website.

11.3.      This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.

11.4.      Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.

11.5.      Our website cannot be placed within the frame-set of another site.

11.6.      Third parties are not allowed to "deep link" to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.

 

12. Copyright

12.1.      All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise.

12.2.      The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.

 

13.0 User Generated Content

13.1.      Where the facility exists you may provide reviews or public feedback on the website of products purchased by you, also known as user-generated content.

13.2.      Where the facility exists such user-generated content can be provided in different formats and mediums; text, audio, video and still photographs.

13.3.      As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties.

13.4.      Such content shall not infringe the intellectual property rights of any other party. Furthermore, the content shall not be illegal or capable of breaching the laws of any jurisdiction in which it may be displayed.

13.5.      We reserve the right to remove any content, which breaches or risks breaching these terms and conditions.

13.6.      However, we shall not assume any responsibility for auditing or monitoring any user generated content.

13.7.      Any complaints about such content by rights holders or any user or visitor to our website should be directed to us using our contact details listed at the end of these terms and conditions.

 

14. Limitations and Exclusions of Liability

14.1.      Where content and information is provided on the website without charge we exclude all liability for such content and information.

14.2.      All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.

14.3.      All indirect, consequential or special losses or damage are all excluded.

14.4.      All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.

14.5.      All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.

14.6.      These terms and conditions do not exclude or limit liability for death or personal injury caused by you or us.

14.7.      These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.

14.8.      These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.

 

15. Indemnity

15.1.      By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.

 

16. Variation

16.1.      We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.

 

17. Assignment

17.1.      We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.

 

18. Severability

18.1.      The foregoing paragraphs, sub-paragraphs and clauses of these terms & conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

 

19. Waiver

19.1.      Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.

 

20. Third Parties

20.1.      These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.

 

21. Entire Terms & Conditions

21.1.      These terms & conditions set out the entire agreement and understanding between you and us.

 

22. Your Statutory Rights

22.1.      Where acting as a consumer your statutory rights are unaffected.

 

23. Jurisdiction

23.1.      These terms & conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

 

24. Our contact details are as follows

Address One Stroke Media Ltd
Trading as “First Time Furnishings”
Foxhall Lodge
Foxhall Road
Nottinghaam
NG76LH
Company registration number: 08776740
Telephone from within the UK 0843 886 6376
Telephone International +44 (0) 843 886 6376
General Enquiries enquiries@firsttimefurnishings.co.uk
Support Email [email protected]
Complaints Email [email protected]

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