Terms & Conditions

1. Definitions

In these Terms and Conditions (as amended from time to time) the following words and expressions will have the below meanings:

- "Order Acknowledgement" means an email confirming that we have received your order

- "Furniture" means any items of furniture, including sofas, love seats, chaise longues, chairs, armchairs, footstools, ottomans, headboards sold by Warner (1870) Limited

- "Product(s)" means any products (including Furniture), items or goods sold by Warner (1870) Limited

- "you" or "your" means the customer

- "we", "us" and "our" means Warner (1870) Limited (Company number: 12024016) trading as Warner House

- "Website" means Our website, warner-house.com

2. Ordering

You can order our Products by placing an order on our Website.

By placing an order you are agreeing to these Terms and Conditions.

Only individuals aged 18 or over can place an order on our Website. By placing an order, you confirm that you are at least 18 years old and capable of entering into a binding contract.

After placing an order you will receive an Order Acknowledgment. If for any reason we are unable to fulfil your order we will write to you to confirm that is the case and refund any funds taken.

We will use the information provided by you to fulfil the order; therefore, you must ensure that the information provided is accurate. This includes, but is not limited to, measurements, dimensions and access on delivery.

We reserve the right to cancel orders at any time prior to delivery, at our sole discretion. Reasons for this include but are not limited to Products being unavailable or out of stock, pricing or Product description errors, inability to obtain payment for the Product or any suspicious or potentially fraudulent activity.

We reserve the right to refuse to supply any individual or company.

3. Price And Payment

Prices listed on our Website or associated social media platforms are correct at the time of publishing but are always subject to change.

Prices listed on the Website include VAT but exclude delivery costs.

Payment can be made by using all major credit and debit cards, PayPal and Warner House gift cards.

There may be further costs associated with customisation, which we will inform you of prior to accepting your order.

At the checkout page of the Website you will be presented with the total cost of the selected Products plus any additional costs such as delivery charges.

All orders submitted are subject to verification and authorisation from your card issuer. If the card issuer does not authorise payment for any reason we will not be liable for any delay or non-delivery of your order.

Ownership of the Products will not pass to you until we have received full payment of all sums due in respect of the Products, including (where applicable) delivery charges.

4. Delivery

We will give you an estimated delivery time for each product on the individual product pages, with a summary as to delivery times also found on the following webpage: www.warner-house.com/delivery. These times are provided on a good faith basis and cannot be taken as a guaranteed date due to the nature of the Products. Delivery times can vary and we will not be responsible for delays caused due to factors outside our control.

We deliver to mainland UK and delivery outside of the mainland UK is subject to the availability of our courier’s service in the area and cannot be guaranteed. You will be responsible for all duty, tax and delivery costs associated with delivery outside mainland UK.

You will be responsible to ensure that on the day of delivery the Products will fit into your home and that there is safe access for the delivery courier to reach your address. We will not be liable for any failure to provide safe and sufficient access in order to complete the delivery.

For made-to-measure, bespoke and larger items such as furniture once your order is ready to be shipped we will contact you to arrange delivery. Please note that we cannot always offer your preferred delivery slot as this is dependent on the courier availability.

We may offer a delivery service which includes positioning the Product in your home, unwrapping and removing any packaging, if desired. This delivery option will be detailed at checkout and within the Order Acknowledgement email we send and might incur an additional charge.

If You wish to amend your delivery option following placing your order we may be able to do so for an additional charge which will be at our sole discretion.

All Products will require a signature upon delivery. Products must be carefully checked at time of delivery and signed for by an adult. Any defect or damage must be reported to us immediately.

All items of Furniture will require a signature upon delivery to confirm you are satisfied with the quality of the item, by signing you are confirming that you have inspected the item of Furniture thoroughly for signs of defects or damage. We ask you to contact us immediately if you believe there to be any defect or damage.

For any items of Furniture, if we attempt to deliver goods to a delivery address but delivery is impossible or impractical, you may contact us with an alternative delivery address and we will redeliver to that alternative UK delivery address. Re-delivery charges will apply.

If delivery proves impossible or impractical on 2 or more occasions because of access problems, the Products will not fit into the room for which they are intended or because there was no-one at the delivery address aged 18 or over to sign for the goods at the time arranged for delivery, then we may cancel your order subject to the clause entitled ‘Returns and Cancellations’ below, delivery charges will not be refunded. Bespoke Products are non-returnable. If your bespoke Product does not fit your room or fit through access to your room we are not able to refund/exchange the item so please measure carefully.

If tradesmen or other professional services are being used and require our Product to be in place before they can complete their work we would advise not booking them until the Product has been delivered.

5. Returns And Cancellations

You will not be entitled to cancel your order for any Products made to your bespoke requirements after you receive the Order Acknowledgment. Such Products include but are not limited to wallpaper (printed to order), fabric (cut to order), all furniture (as these pieces are created specifically for you), paint (as this has been produced exclusively for you), curtains and blinds (manufactured specifically to your measurements) and lampshades (made-to-order).

You will not be entitled to return any Products that are bespoke, personalised or made to specific measurements (as described above).

For any Products that are not made to your bespoke requirements, you will be able to return the Products to us within 14 days of placing the order or receiving delivery of products. You will receive a refund to your original payment method.

Until the Products are returned to us, you are responsible if the Products are lost, damaged or destroyed.

Products returned to us should be unopened, unused and in their original packaging, where possible.

To begin the returns process for a returnable Product(s), you must first contact our customer care team who will take some information from you before generating your free returns code. Our customer care team will need to obtain from you: your order number, your full name, your email address, the reason for your return and the names of the Product(s) you are returning. You can begin the returns process by emailing the above information to [email protected] or by calling 0330 055 2995 and supplying this same information.

If you wish to cancel an order for any returnable Products, please contact us on 0330 055 2995 within 2 hours of placing the order, if the order was placed during the working hours of 9:00-17:00. Any orders placed between 17:00 and midnight can be cancelled by 11:00 the next morning. You will not be able to cancel your order after this period.

Due to the nature of same day dispatch of many Products, your item may have been shipped before you are able to cancel. If this is the case, you are able to reject the delivery of the item, with the item then being returned to us.

Should you for any reason be unable to reject the delivery, you will still be able to return the item to us within 14 days of receipt. Please follow our returns policy.

Defective Products:

If You believe that a Product received may be defective or of unsatisfactory quality, please let us know as soon as possible. Please do not attempt to return any Products you believe to be defective before contacting us.
We will carry out an investigation before determining whether we are able to process a return for the damaged Products. We need to be able to inspect the Product in question in the condition reported, so we may not be liable if any work on the Product or restoration has taken place prior to our inspection.
You can find more information as to what constitutes as ‘defective Products’ in Our FAQs.

Cancellation rights do not apply to a business customer.

6. Product Description

We try to ensure that all details, descriptions, and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. However, specifications and descriptions of Products on our Website are not intended to be binding and are intended only as general description of the products.

We work hard to ensure the photography and samples available reflect as closely as possible the final Product. However, as each material used has natural and unique characteristics, there may be variations to size and colour. As most products are bespoke and made-to-order you should allow for a potential variation of up to 3% for measurements. We are unable to accept any responsibility for these variations.

The device you use to browse our Website may have display settings which cause colours to appear differently to those of the image originally uploaded to our Website. For that reason, we always recommend that your order a sample, where possible, to get a truer reflection of the colour.

To get the most out of any Products, you should take care to follow the care instructions. The Products We sell are for consumers for general domestic use only and must be used for the intended purpose. Where Products are used for commercial purposes we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.

7. Guarantee

The frame construction and springs of all our Furniture are guaranteed for normal domestic use for five years from the date of delivery, provided that the information and care guide has been followed.

This guarantee does not cover wear and tear, neglect, abuse or misuse of your goods, loss or damage by fire, smoke, explosion, lighting, sunlight, infestation by animals or boring insects, theft or loss, or accidental damage caused by you or a third party.

This guarantee does not cover any ex-display and seconds.

8. Gift Cards

Warner House digital gift cards (“E-Gift Card(s)") are governed by these terms and conditions.

A Warner House E-Gift Card is not a cheque guarantee, credit or change card.

Warner House E-Gift Cards are available in four amounts; £50, £100, £250 and £500.

Warner House E-Gift Cards are valid for 2 years from the date of purchase.

Warner House E-Gift Cards can be used to make purchases online at www.warner-house.com.

When gifted a Warner House E-Gift Card, you will receive an email containing your unique gift card serial number. You will need to enter this number at checkout, choosing payment option ‘Gift Card’.

When using a Warner House E-Gift Card, the amount of your purchase will be deducted from the balance on the Warner House E-Gift Card. If the cost of your order is less than the balance on the gift card, the remaining balance will be left as credit on your Warner House E-Gift Card. Please note that additional value cannot be added to any Warner House E-Gift Card and change will not be given.

You can check the balance of a Warner House gift card by logging into your account and clicking on the ‘My Gift Card’ section. Alternatively, contact our customer care team and they can confirm the balance for you.

Warner House E-Gift Cards are only redeemable in GB pounds sterling.

Warner House E-Gift Cards cannot be redeemed or exchanged for cash. Cash refunds will not be available for products purchased with a Warner House E-Gift Card.

Refunds will not be given for the purchase of a Warner House E-Gift Card. Your statutory rights are not affected.

Refunds of products bought with a Warner House E-Gift Card are made in accordance with our refund policy, which can be viewed here: www.warner-house.com/terms-and-conditions. Where an item is returnable, the refund will be paid back onto a Warner House E-Gift Card.

If you have lost your Warner House E-Gift Card or it has been stolen, please contact our customer care team. As our E-Gift Cards are treated like cash, we cannot guarantee replacement or cancellation.

Alternatively, if you have any issues with using your Warner House E-Gift Card, please contact our customer care team.

Warner House are not responsible for any use of the funds on your E-Gift Card(s) without your knowledge or consent.

Warner House reserves the right to refuse to accept any E-Gift Card(s) that we consider has been copied or suspected to be affected by fraud. Action may also be taken where the fraudulent use of a credit card to purchase an E-Gift Card is suspected.

The re-sale of Warner House E-Gift Cards is strictly prohibited.

If we fail to receive payment from the purchaser’s bank or card company for the purchase of the E-Gift Card, we will cancel the value of the Warner House E-Gift Card.

Warner House will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for any direct, special, incidental, indirect or consequential damages including loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use any Warner House E-Gift Card(s).

Warner House reserves the right to amend these terms & conditions from time to time, where we consider it reasonable and necessary to do so.

These terms and conditions are governed by English law and are subject to the exclusive jurisdiction of the English courts.

9. Limitation Of Liability

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms and Conditions for:

any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any special or indirect losses

suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms and Conditions.

Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

It is your responsibility to ensure that all fabrics purchased are treated with a flame-retardant treatment before use. We can provide this service for an additional charge and you must specify before completing the order that you require this service. We will not be liable in the event you do not ensure the fabric is treated prior to use.

You should not use, convert and/or resale our Products for commercial purposes, where such actions would infringe our intellectual property rights. Wallpaper and fabric samples are for personal use only as a guide to purchasing our Product. They are not designed to be used within the context of creating a new product, such as artwork, for non-domestic or commercial purposes.

10. General

We try to make sure that all information on the Website, including descriptions of the vouchers, are accurate and correct at all times. However, mistakes do happen. We will try to resolve all information errors on the Website as soon as reasonably possible, and if We reasonably think that such an error has affected your purchase of Products We will try to let You know. However, because We take these steps we will not be liable to you for any errors on the Website.

We reserve the right to withdraw any Products from the Website and/or remove or edit any content or additional materials from the Website at any time. We accept no liability – whether from you or a third party – for any of the aforementioned amends or removals.

We will treat all your personal data as confidential (although we reserve the right to disclose this information if required by law). We will keep it on a secure server and we will fully comply with all applicable data protection and consumer legislation. If you'd like more information on how we collect, process or store your personal data, please see our Privacy Policy.

You recognise and agree that all copyright, database rights, trademarks, brand names and all other intellectual property rights in all our Products, material and/or content of this Website are owned by Warner (1870) Limited or our licensors and shall remain at all times vested in us or our licensors as expressly authorised by us or our licensors. You are not permitted to use this material without the expressly permission from us and/or our licensors.

You can share photos of the Products you have purchased on our Website and our social media pages. Whenever you upload any content to our Website or our pages on social media, you warrant to us that any such posting complies with the law, the terms of the relevant social media platform and does not breach anyone else’s rights. You will indemnify us for any loss we suffer as a result of your breach of this warranty.

Any content you upload to our Website and/or our pages on social media will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We have the right to remove any posts you have uploaded to our Website that, in our opinion, do not comply with the law or our Acceptable Use Policy.

These Terms and Conditions and any contract formed in accordance with them are governed by and construed in accordance with English Law and will be subject to the exclusive jurisdiction of the Courts of England and Wales.

We will not be in breach of these Terms and Conditions for delay in performing, or failure to perform the delivery of the order if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for 3 months, you may cancel your order by giving us 14 days written notice.

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990.

We will not be liable if, for any reason, our Website is unavailable at any time or for any period.

If any term of these Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, then such term will be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.

We reserve the right to amend these Terms and Conditions at any time. Any such amendments will take effect when posted on the Website and it is Your responsibility to read the Terms and Conditions on each occasion You use the Website. Your continued use of the Website shall signify Your acceptance to be bound by the latest Terms and Conditions.

11. Trade Account

Nothing in these Terms and Conditions shall oblige us to accept an application for or open a Trade Account in your name. We reserve the right at our sole discretion and without any liability to you to reject an application for a new Trade Account and/or suspend or close an existing Trade Account without providing a reason.

Any discounts or promotions available from time to time to consumers shall not apply to Products ordered via a Trade Account. No voucher codes or Gift Vouchers can be redeemed against Products ordered via a Trade Account. A consumer means any natural person acting for purposes outside his trade business or profession and purchasing Products for personal use only.

Resale

You shall not without our prior written consent advertise, canvass or otherwise attempt to re-sell the Products purchased from us on the internet.

You, therefore, shall not be involved either directly or indirectly in the provision or re-sale of the Products by mail order or via the internet without first obtaining our express written permission.

You shall not use our Products to manufacture or convert into other products such as (including but not limited to) cushions, lampshades, upholstered furniture or any artwork) and re-sell for commercial purposes, save with our written consent.

Intellectual Property

You recognise and agree that all copyright, designs, database rights, trademarks, brand names and all other intellectual property rights in all our Products, material and/or content of this Website are owned by Warner (1870) Limited or our licensors and shall remain at all times vested in us or our licensors as expressly authorised by us or our licensors. You are not permitted to copy or use this material without the express permission from us and/or our licensors.

You understand and acknowledge that no license is granted to you in respect of such intellectual property rights. Any infringement or attempted infringement of such intellectual property rights shall be pursued legally.

You must not use our brands, designs, logos or copyright material or make any representations that you are affiliated to us.

General

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership, joint venture, collaboration or affiliation between the parties.

No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

By opening a trade account you consent to receiving relevant email communications from us.

If there is a conflict between any other provisions contained in these Terms and Conditions and this Section 11, the provisions of this Section 11 shall prevail in respect of a Trade Account.

About Us
1. Company details. Warner (1870) Limited (company number 12024016) (we and us) is a company registered in England and Wales and our registered office is at The Church, Mobberley Road, Wilmslow, SK9 5NT. Our VAT number is GB327034133. We operate the website www.warner-house.com (Website).
2. Contacting us. To contact us telephone our customer service team at 0330 055 2995 or email [email protected].
The contract between us
1. By placing an order through the Website, you warrant that:
2. You are legally capable of entering into binding contracts; and
3. You are at least 18 years old.
4. Our acceptance of your order will be when we send your order confirmation by email, at which point the contract between you and us will come into existence (Contract).
5. If we are unable to supply you with the products (Products) for any reason (for example, if the Product is out of stock or we have not received payment from you) we will inform you of this by email and we will not process and/or accept your order. If you have already paid for the Products, we will make all efforts to refund you the full amount (including any delivery costs charged) within 30 days.
Price
1. The prices payable for the Products that you order are as set out in our Website. The price includes VAT (where applicable) at the current rate chargeable in the UK for the time being.
2. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
3. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the Website system. However, please see section 3.5 for what happens if we discover an error in the price of Products you ordered.
4. The price of the Products does not include delivery charges, which may be payable by you depending on the value of your order and your delivery location. Our delivery charges (if applicable) are as advised to you during the check-out process before you confirm your order or can be found on our Delivery information page. The total cost of your order will be set out on the checkout page of the Website.
5. We sell many Products through our Website. It is always possible that, despite our best efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions.
Our Products
1. The images of the Products on our Website are for illustrative purposes only and we would recommend that you order a sample to get an accurate reflection of the colour. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. The colour of your Products may vary slightly from those images.
2. We use all endeavours to ensure that imagery on our Website and available samples reflect as accurately as possible the final Product. Although we have made every effort to be as accurate as possible because our Products involve bespoke materials with natural and unique characteristics, all sizes, weights, capacities, dimensions and measurements indicated on our Website have a 3% tolerance.
3. The packaging of your Products may vary from that shown on images on our Website.
4. We reserve the right to amend the specification of the Products if required by any applicable statutory or regulatory requirement.
How to pay
1. You can pay for the Products using all major debit card and credit cards, via PayPal, Bank transfer or Warner House Gift Cards.
2. Payment for the Products and all applicable delivery charges is in advance, and we will take payment from you at the point that you submit the order on our Website. If you are ordering by phone or email, we will send you an order confirmation enclosing a link directing you to pay. For the avoidance of doubt, we will not accept your order until payment has been made by you.
Warner House Gift Cards

For use of Warner House Gift Cards, please click here.
Right for you to cancel your contract
1. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you can cancel your contract with us for the Products you order, and obtain a full refund, if you notify us that you wish to cancel no later than 14 days from the date you receive the ordered Products. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
2. If you have received the Products before you cancel your contract then you must send the Products back to our contact address within 14 days of cancelling your order. If you cancel your contract but we have already processed the Products for delivery you must not unpack the Products when they are received by you and you must send the Products back to us at our contact address.
3. We will refund any return delivery costs you have incurred once the Products have been received by us although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. We may make a deduction from the amount refunded to you if the Products have been used, parts are missing or the Products or their packaging have been damaged.
4. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the Products in question are returned by you and received by us in the condition they were in when delivered to you.
5. You will not be able to cancel if the Product(s) (i) have become mixed inseparably with other items after their delivery or (ii) are bespoke in nature and has been made to your individual specification and/or requirements. Please note that such products described in (ii) apply to most of the products that we sell as a business, meaning that you will not be entitled to cancel, including:
  1. wallpaper (printed to order);
  2. fabric (cut to order);
  3. furniture (to the extent that such pieces are made to order);
  4. trimmings (cut to order);
  5. paint (to the extent that it has been produced exclusively for you);
  6. curtains and blinds (manufacturing specifically to your measurements); and
  7. lampshades (made to your order).
Returns
1. Apart from those set out in section 8.2 below, you will be able to return the Products within 14 days of receipt. To return the Products, our returns policy can be found here. You must email us at [email protected] or contact our customer care team by telephone on 0330 055 2995 (during weekdays between 9.00-17.00) or by post to The Church, Mobberely Road, Wilmslow, SK9 5NT. If you are emailing us or writing to us please include details of your order to help us to identify it (including your order number, your full name and your email address).
2. You will not be able to return the following Products:
  1. those described in section 7.5; and
  2. any Products which become mixed inseparably with other items after their delivery.
Cancellation by us
1. We reserve the right to cancel the contract between us if:
  1. we have insufficient stock to deliver the Products you have ordered;
  2. we do not deliver to your area; or
  3. one or more of the Products 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.
2. If we cancel your contract we will notify you by email and will refund any payment taken by us to the credit card or debit card, that you used to pay for the Products with, as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
Delivery of products to you
1. We will deliver the Products ordered by you to the address you give us for delivery at the time you make your order.
2. An estimate delivery timeframe for each of our products is given on the individual product pages on our website. Further delivery information can be found here. Once the Products have been dispatched, you will receive an email from us or our nominated courier enclosing a tracking link and number in order for you to track your delivery. Delivery timeframes are not binding and are provided as estimate only. Therefore the delivery timeframes cannot be relied upon as the guaranteed date of delivery. Occasionally our delivery to you may be affected by an Event Outside Our Control. See section 16 for our responsibilities when this happens.
3. Please note that any Products that are made to order for you (for example curtains, blinds and furniture) have longer delivery timeframes due to our lead times on these products.
4. You must make sure there is sufficient and safe access for delivery of the Products (including furniture products, in particular) at your delivery address. We will not be liable for any failure to provide safe and sufficient access to complete delivery.
5. You will become the owner of the Products you have ordered when they have been delivered to you. Once Products have been delivered to you, they will be held at your own risk and we will not be liable for their loss or destruction.
6. It is your responsibility to make sure that an authorised person is present at the delivery address, at the time of delivery, to sign our courier’s delivery note for the Products. We will not be liable whatsoever if an unauthorised person, at the delivery address, takes and signs for the delivery. The courier’s confirmation that delivery has taken place will be binding. If you have any delivery preferences you must let us or the courier know in advance of delivery.
7. We deliver to mainland UK and, depending on the availability our of courier’s service, we may deliver outside of mainland UK. Please see our Delivery page for more information for international delivery.
8. shall be responsible for all duty, tax and delivery costs associated with delivery outside mainland UK. For more information please click here. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
Your Responsibilities on Delivery including inspection of the Products
1. If the Products do not confirm to your order, are damaged, faulty or otherwise defective, you should reject them on delivery, or, if a defect is found after acceptance we will (if they are proven to be faulty), replace, repair or refund you as described in section 12 below.
2. Should a short delivery (of less than the full quantity of Products ordered) have been made, you must notify within a reasonable time of discovery of the short delivery and we will make good the shortage.
Our liability to you
1. You acknowledge that, due to the nature of our Products, there may be minor defects inherent in the Products we sell. If you have any particular specifications in respect of the Products, you must inform us on or before placing your order.
2. If the products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, you are entitled to a refund up to 30 days after delivery as set out in section 11. If you wish to exercise your legal rights to reject the Products(s) please contact our customer care team.
3. We will not be liable for any damage to the Products that has been caused by you after delivery of Such Products or for any defect which has been caused by your instructions, for example, incorrect measurements for the Products supplied by you.
4. If you do not receive the Products ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing by email or by post of the problem within 40 days of the date on which you ordered the Products. Please note however that many of our Products have longer delivery timeframes due to our lead times on these products and you will be updated on delivery via order tracking.
5. Depending on the time in which you notify us of a problem under sections 12.2 or 12.4 above and subject to our right to inspect, our only obligation will be, at your option:
  1. to make good any shortage or non-delivery;
  2. to replace or repair any Products that are damaged or defective; or
  3. to refund to you the amount paid by you for the products in question.
6. You agree not to use the products for any commercial, business or re-sale purposes. We will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Products in question under section 12.5.3 above.
We do not in any way exclude or limit our liability for
1. death or personal injury caused by our negligence;
2. fraud or fraudulent misrepresentation;
3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
5. defective Products under the Consumer Protection Act 1987; and
6. any breach of the terms implied by sections 9,10,11,13 and 14 of the Consumer Rights Act 2015.
7. If we fail to comply with this Contract, we are only responsible for loss or damage you suffer that is a foreseeable result of failure to comply with this Contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it were an obvious consequence of our breach or if it was contemplated by both you and us at the time we entered the Contract.
8. 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 Website. 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 Products you purchase.
9. 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.
Guarantee
1. Some of the Products we sell to you come with a manufacturer's guarantee. Please refer to the manufacturer's guarantee provided with the Products.
2. In the case of our furniture Products, the frame construction (including the springs) are guaranteed for standard domestic use for five years from the date of delivery, provided always that such care guides and information is complied with. This guarantee shall exclude:
  1. normal wear and tear;
  2. neglect;
  3. abuse or misuse of the items;
  4. loss or damage by fire, smoke, explosion, lighting, infestation by animals;
  5. theft; and
  6. accidental damage caused by you or any third party.
Notices

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 The Church, Mobberley Road, Wilmslow, SK9 5NT and all notices from us to you will be displayed on our website from to time.
Events beyond our control

We shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage or defect to Products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Invalidity

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.
Data Protection and Privacy

19 We will comply will all applicable data protection laws when processing any personal data in order to fulfil our obligations under this Contract. To find out more information about how we collect, process and store your personal data, please refer to our Privacy Policy and Cookies Policy. You acknowledge and agree to be bound by the terms of our Privacy Policy and Cookies Policy.
Third party rights

Except for our affiliates, directors, employees or representatives, nothing in this contract is intended to or will create any benefit for or right to enforce any of the Terms of the Contract to any third party.
Governing law

We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take Court proceedings, then English law will apply and you may bring proceedings in respect of the Products in the courts of England and Wales.
These terms and conditions
1. Nothing in these Terms will affect the terms of manufacturers’ warranties and guarantees or your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
2. We may change these Terms without notice to you in relation to future sales. Therefore, please check and ensure that you understand the Terms which will apply at the time you purchase any Products.
Entire agreement

These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Products to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any products offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.