FUSION ROBES – Website Terms and Conditions
3. Business Policy
All orders are subject to our full terms and conditions (below). Nothing in these conditions affects your statutory rights as a consumer.
4. Order Policy
When you place an order via this website for a product, we will send you an order confirmation email listing each product you have requested to buy and an estimated delivery or collection date for those items. Our order confirmation email is not acceptance of your order by us.
Once payment has been made for the products you have ordered, we will arrange for the products to be delivered to you or made ready for collection (depending on which option you select when placing your order) and to send you a dispatch/ready for collection email. This email confirms that your order has been accepted by us and that a contract is formed.
Where products are dispatched/made ready for collection separately, our acceptance of your offer in respect of each product takes place when we dispatch such product/make such product available for collection.
We reserve the right not to accept your order. This may occur where we are unable to obtain authorisation for payment, shipping restrictions apply to a particular item, or the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn. This does not affect your rights as a customer.
5. Price and Payment
The price of any products will be as quoted on our website from time to time, except in cases of obvious error. These prices are shown in GBP, and include UK VAT (if applicable) but exclude delivery costs, which will be added to the total amount due. See our Delivery Policy for more information.
If you have selected an alternative country where UK VAT is not chargeable because the product is to be exported from the UK to a non-EU country, or if you have selected a product where VAT is not chargeable, the price is still as quoted on the website.
All prices and offers remain valid as advertised from time to time. The price of a product requested for payment on the website at the time of order is accepted and will be honoured, except in cases of obvious error or if there is legal reason why we cannot honour the order at that price.
Prices shown in any currency other than the payment currency may be an approximation at the existing currency exchange rate. In this case, the final price you pay will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. Please note that we do not have any control over how much your card issuer may charge for such transactions.
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further reduced.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
By placing an order on the website, you confirm that the payment details provided by you are valid and that, if you are using a credit/debit card, it belongs to you or you have been specifically authorised by the owner of the credit/debit card to use it. You confirm that when your order is accepted and processed by us, payment will be made in full.
Regrettably, in certain circumstances, we may not be able to process orders where payment is from a bank outside of the UK
6. The products
- The quantity
and description of the Products shall be set out in the Seller’s quotation.
- 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.
- Photographs are for illustrative purpose only, and may not exactly match the product itself.
7. Warranties and liability
- All goods
supplied by the Seller come with a manufacturer’s warranty of at least 12
- 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.
- The Seller does not provide any warranty cover against defects in his own right.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Warranty does not cover commercial use.
- Warranty does not cover items which have been shipped off of UK mainland.
- 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.
8. Availability of Products
We will always try to fulfil orders, but our only responsibility to you where a product is no longer available, or if we are unable to supply a particular product for whatever reason, is to make sure we do not charge you for the product.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
With our prior written permission, it may be possible for you to hold an order for later purchase. If we give that permission we will do our best to prevent that item being sold to another customer but we cannot guarantee it. In all cases, holding orders will be subject to a limited amount of time.
We do not accept advance payment for out of stock items but you may choose to use a feature of the website (if it is available for the product in question) to register your email address with us for notification of arrival of the selected merchandise not held in stock.
If you have registered your email address for notification of the arrival of a specific product shown on our website, we will attempt to notify you by email within 24 hours of the product becoming available on the website . On occasion certain products that are in particularly high demand may sell out during this period. The notification to you of the returning stock does not imply that the product is being held for you.
We will store a record of your transactions for a minimum of one year subject to any unforeseen event.
9. Delivery and Collection
You may choose to collect your products from our store (“Click and Collect“), arrange for your products to be collected by your own courier, or you may choose to have your products delivered to an address of your choice.
Where you select Click and Collect we will send you an email to notify you when your product is ready for collection. You will need to bring this email with you, along with some ID, when you collect the product.
All products will be packaged and prepared for delivery or collection by Royal Mail and you will be contracting separately with Royal Mail in this regard. If you have opted for your products to be delivered by us, we will arrange delivery of your products to your chosen address with Royal Mail. You agree to be bound by Royal Mail terms and conditions in relation to your contract with them, which shall be no less than the delivery company’s terms and conditions of delivery.
All delivery charge prices shown on the Site or confirmed to you are inclusive of any applicable UK VAT.
You will be the importer for all international deliveries of products. Therefore, before placing an order for a product, please check that your import of any products complies with any applicable import regulations, and that there are no local requirements or restrictions which may affect receipt of your products.
Delivery dates are estimated from the point of dispatch and are not guaranteed. Neither we nor Royal Mail are responsible for any delays caused by destination customs clearance processes.
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.
- 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. One can cancel the order for a full refund at any time prior to the delivery company contacting with a delivery date. The Seller shall not be liable for any delay in delivery howsoever caused.
- Please note that for selected items which include upholstery there is a 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 one week of placement. If the item is not a upholstery or bespoke item then it can be returned as per the terms above.
- Deliveries will be made to room of your choice on most items. However, restrictions may apply to the floor on which the room resides and the weight of the package. Our delivery company will deliver to 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.
- Should you reject your delivery when there are no defects to the products, we will not accept responsibility for it to be delivered at another time, this is in line with our Returns and Refunds Policy.
10.Cancellation of order
You have the right to cancel your order, provided you give us written notice within 14 days after you receive a product.
If you cancel your order you must return the product to us, including all packaging. You have a duty to take good care of the products while they are in your possession.
You will be responsible for the cost of sending the product back to us if you change your mind. If we do not receive the product back we may arrange for collection of the product from you at your cost.
To let us know you have changed your mind and wish to cancel your order, please email us at email@example.com. Please keep a copy of your cancellation email. Once you have emailed us, please follow the instructions in Delivery and Returns on how to return the product to us.
We will issue you with a refund within 30 days of cancellation or receipt of the return item:
- If your order is cancelled before shipment, we will issue you with a full refund including any delivery charge.
- If your order is returned by you after dispatch, we will issue you with a full refund of the product cost. You will normally be responsible for all import charges (if not a UK or EU order), delivery and return postal charges (except as required by UK or EU law) unless the product was found to be faulty or we made a mistake.
We issue refunds via the payment method you used to place the order. If you would like to exchange your product(s) rather than be issued with a refund please let us know at the time of return email.
10. Our responsibility to you
The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy or suitability for any particular purpose.
If the need arises, we may suspend access to our website to carry out routine or emergency work. We will not be responsible if for any reason our website is unavailable.
These limitations and exclusions do not affect your statutory rights and only apply to the extent permitted by applicable law. Nothing in these T&Cs shall limit our liability for personal injury or death caused by our negligence.
These T&Cs contain the whole agreement between us and you relating to the supply of products and/or your use of our website. No additional terms or conditions requested or communicated in any way by you will form part of our contract whether accepted or not by an employee of ours.
12. Acceptance of products
- 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.
- By assembling the goods this we deem as acceptance and the products can therefore not be returned.
13. Title and Risk
- Risk of damage
to or loss of the Products shall pass to the Buyer upon delivery.
- 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.
- 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.
- 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.
- 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.
- 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.
cannot be used in conjunction with any other offer.
- Specific promotions exclude orders using the interest free credit payment option.
- Any promotional offer is valid for new orders only, placed within the timescale of the offer stated. No retrospective discount will be adhered to.
- We reserve the right to refuse any order for any reason.
- 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.
- The sales countdown banner refers to a selection of stock items only. Items in the sale promotion change on a daily basis.
16. Mailing List
- 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.
We may revise and amend these T&Cs from time to time. You will be subject to the terms and conditions in force at the time that you order products from us or otherwise use the Site.
These T&Cs are subject exclusively to English law. We will try to solve any disagreements quickly and efficiently. Any court proceedings must take place in Northern Ireland.
LAST UPDATED: 29 / 01/ 2019