Terms & Conditions of Sale

You will be asked to expressly agree to these terms and conditions before ordering Products from this Site. Please read them carefully. If you do not agree to them, do not order any Products from this site. In order to indicate your acceptance of these terms and conditions, you must select the checkbox marked "I Agree" at the end of the checkout form.

These pages (together with the documents referred to within them) tell you the Terms and Conditions on which we supply any of the products ("Products") listed on our websites www.shop4furniture.net ("our site") to you. Please read these Terms and Conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions.

Please note we will not dispatch any Products until we have received from you payment up in full in cleared funds of the Contract Price (as defined in clause 8.1 below)

1. INFORMATION ABOUT US
www.shop4furniture.net are sites operated by J Holt & Son Ltd. trading as "Shop4Furniture" ("we"). Our head office address is 90 Buller Road, St. Thomas, Exter EX4 1AU ("Address").

Registered in England with Company Number 6925220
VAT Number 141 6416 91

2. SERVICE AVAILABILITY
Our site is only intended for use by people resident in and delivery of Products within the United Kingdom. We do not accept orders from individuals outside the United Kingdom nor orders for delivery to locations outside the United Kingdom.

3. YOUR STATUS
By placing an order through our site, you warrant that:

• 3.1 you are legally capable of entering into binding contracts; and
• 3.2 you are at least 18 years old.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

• 4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. Where additional delivery costs (that are not included in the price stated on our site) are to be charged by us in respect of delivery to you of the Product(s) ordered, then after you have placed your order we will send you by email a quotation for those additional delivery charge(s). You must confirm by return of email that you accept such additional delivery charge(s), until you do so we will not be able to accept your order. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a further e-mail confirming our acceptance of your order ("Order Confirmation"). The contract between us ("Contract") will only be formed when we send you the Order Confirmation.
• 4.2 The Contract will relate only to those Products we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until such Products have been confirmed in a separate Order Confirmation. The Order Confirmation will set out the price to be paid for the Products (including, where relevant, any delivery or other charges agreed by you).
• 4.3 If we are unable to accept your order for any reason whatsoever we will notify you as soon as is reasonably practicable.
• 4.4 When placing your order you must ensure that all details that you provide are complete and accurate. If upon receipt of your Order Confirmation you would like to amend or add additional requirements to the order you must notify us immediately and upon so doing our Contract with you in respect of such order will terminate and such notification by you shall, instead, constitute a new offer to us to buy a Product and a new Contract between us will only be formed when we send you an Order Confirmation accepting such new offer.
• 4.5 The description of the Products shall be set out in writing in the Order Confirmation. Any item that is not a bed (to include, without limitation, lamps, headboards, tables, bedding and pillows) that appear in any photograph or illustration on this site or in our brochures will not form part of this Contract. Such information is for illustration purposes only, and will not comprise part of the Products. Any specifications or advertising materials issued by us and any descriptions or illustrations contained within our site or brochures will not form part of this Contract. Such information is by way of guidance or illustration only, and may not bear any relationship with the Products.
• 4.6 Any typographical, clerical or other error made on our site, in the Order Confirmation, on our invoice to you, in our price list or any brochures or any documentation issued by us shall be subject to correction without any liability on the part of us.

5. CONSUMER RIGHTS AND CANCELLATIONS

• 5.1 You may cancel a Contract at whichever is the later of:
• 5.1.1 any time prior to delivery of the Product(s) to you; or,
• 5.1.2 within seven working days, beginning on the day after you received the Products ("Cancellation Period"), and you will, subject to the remaining provisions of this clause, receive a refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
• 5.2 To cancel a Contract, you must inform us in writing ("Cancellation Notice") and if the Product(s) have already been delivered to you, your Cancellation Notice must specify whether you want us to collect the Product(s) from you, or whether you wish to return them to us at our Address. We would always prefer to collect the Product(s) from you. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you have served a Cancellation Notice, you must not use any Product(s) to which that Cancellation Notice relates and you must keep such Product(s) in their original packaging, unassembled and in the condition in which you received them. If you fail to comply with any of these obligations, at our discretion, you will forfeit your right to return those Product(s) and receive a refund.
• 5.3 Upon receipt of a Cancellation Notice from you:
• 5.3.1 if the Products have not been delivered to you or if you would like to return the Product(s) to us after they have been delivered, then upon receipt of your Cancellation Notice (if the Product(s) are still to be delivered) or upon your return of the Product(s) to us at our Address (if the Product(s) have been delivered to you) we will reimburse to you in accordance with clause 9 below the amount that you shall have paid in respect of such Product(s) less an administration fee of £20 (or £70 if the Product(s) were on a next day delivery),
• 5.3.2 if you would like us to collect the Product(s) from you we will collect the Product(s) from you within thirty days of receipt of your Cancellation Notice (provided that you cooperate with us with regard to making the Products available for our collection at any agreed collection time) and we will reimburse you on the same basis as set out under clause 5.3.1 save that in addition we will deduct a further collection charge which you will be notified of once we recieve your cancellation notice (a minimum collection charge of £35 applies), provided always that upon receipt of your Cancellation Notice if the Product(s) are in any way damaged, are not unassembled, are not in their original packaging or are not in the condition in which they were delivered to you in we reserve the right, in our absolute discretion to: (a) refuse acceptance of such returned Product(s); and/or (b) refund to you less than the monies due to you under this clause 5.
• 5.4 If you do not supply a Cancellation Notice prior to the expiry of the Cancellation Period you shall be deemed to have accepted the Product(s) and (save for any inherent manufacturing defects in the Product(s)) you will forfeit any right to reject the Product(s) and/or claim a refund.
• 5.5 SPECIAL SIZE and TAILOR-MADE PRODUCTS - unfortunately, for practical reasons, we do not accept orders through our site for special size or tailor-made Products. If you would like to order special size or tailor-made Products please telephone our store on 0845 899 11 99.
• 5.6 The rights to cancel a Contract as set out in this clause 5 apply only to Contracts confirmed via our site in respect of which an Order Confirmation has been sent.

6 AVAILABILITY AND DELIVERY

• 6.1 We will use reasonable endeavours, subject to payment by you in cleared funds to us of the Contract Price (as defined in clause 8.1 below), to deliver the Product(s) to you:
• 6.1.1 by the delivery date set out in the Order Confirmation; or,
• 6.1.2 if no delivery date is specified or if payment of the Contract Price is not received by the delivery date specified in the Order Confirmation, within a reasonable time of payment by you of the Contract Price (as defined in clause 8.1 below) subject always to the Product(s) manufacturer(s) and/or supplier's lead times for delivery of those Product(s).
• 6.2 The Product(s) will be delivered to the address provided by you to us and appearing in the Order Confirmation (or any other address agreed by us in writing) ("Delivery Address").
• 6.3 Provided that we deliver the Products to the Delivery Address we will not be liable for non-delivery of the Product(s). You accept that we are under no obligation to satisfy ourselves that the person who accepts delivery at the Delivery Address is you or has been authorised by you to accept delivery of the Product(s) on your behalf.
• 6.4 You, (or your employee or agent who accepts delivery on your behalf), must at the time of delivery of the Product(s):
• 6.4.1 subject to clause 6.4.4 below, accept delivery of the Product(s);
• 6.4.2 inspect the Product(s) when they are unloaded;
• 6.4.3 sign the delivery note for the Product(s); and
• 6.4.4 write on the delivery note for the Product(s) details of any defect in the Product(s) or any complaint about the Product(s) or how they were delivered and if you fail to do so:
• 6.4.4.1 the Product(s) shall be deemed to be accepted by you and comply with the warranty set out in clause 10.1 of these Terms and Conditions; and
• 6.4.4.2 you shall forfeit your right to claim that those Product(s) are defective, save in the case of inherent defects in the Product(s) not capable of discovery by inspection at the time of delivery and without prejudice to your right under clause 5.1.2 above.
• 6.5 Whilst we will use our reasonable endeavours to meet any delivery date specified in the Order Confirmation, we cannot accept responsibility for failure to meet such date so specified due to circumstances beyond our direct control.

7 RISK AND TITLE

• 7.1 The Products will be at your risk from the time of delivery.
• 7.2 Ownership of, and title to, the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges.

8 PRICE AND PAYMENT

• 8.1 The price of any Products will be the total price for your order for the Product(s) as quoted on the Order Confirmation ("Contract Price") (except in cases of obvious error) and by reference to the prices agreed by you prior to us sending the Order Confirmation.
• 8.2 The prices quoted on the site include VAT and delivery costs (unless otherwise stated), and will be added to the total amount due (the delivery costs listed on the site are guidelines and are illustrative only) and will be confirmed in the Order Confirmation following your acceptance of any quotation of those delivery charges by you pursuant to clause 4.1 above.
• 8.3 The Contract Price shall become due and payable on the date appearing on the Order Confirmation and in any event no later than fourteen days from that ("Payment Date"). Time for payment shall be of the essence.
• 8.4 The Product(s) subject to the Order Confirmation will not be dispatched for delivery to you until payment of the Contract Price has been made in full by you in cleared funds. If you fail to make payment of the Contact Price within the period referred to in clause 8.3 above, we reserve the right at our discretion to cancel the Contract and revoke the Order Confirmation immediately without notice and upon so doing the Contract will automatically terminate.
• 8.5 You shall pay the Contract Price in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
• 8.6 Prices listed on the site are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
• 8.7 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will always verify prices in our Order Confirmation, where a Product's correct price is less than the price stated on our site, we will quote the lower amount in the Order Confirmation. If a Product's correct price is higher than the price stated on our site, this will be evident from the Order Confirmation and we reserve the right, at our absolute discretion, to charge you the higher of these two prices.
• 8.8 We are under no obligation to provide the Product to you at the incorrect (lower) price, after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
• 8.9 Payment for all Products ordered via our site may be made by cash, cheque (together with accompanying bank guarantee card), credit or debit card.

9 OUR REFUNDS POLICY

• 9.1 When you return a Product to us:
• 9.1.1 because you have cancelled the Contract between us within the seven day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of:
• 9.1.1.1 the date of your Cancellation Notice (if the Product has not yet been delivered to you);
• 9.1.1.2 the date of collection of the Product (if you request us to collect the Product to be returned from you); or
• 9.1.1.3 receipt of the Product by us at our Address (if you want to return the Product to us), and we will, subject to the provisions of clause 5.3 above (as the case may be) refund the price of the Product in full.
• 9.1.2 for any other reason (for instance, because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product.
• 9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase, save that we will not refund money in cash.

10 OUR LIABILITY

• 10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for the purposes for which products of this kind are commonly supplied. The colour of Product(s) or upholstery samples may vary slightly from the actual colour supplied and we accept no responsibility for any slight variation in these colours.
• 10.2 We shall not be liable for any breach of the warranty in clause 10.1:
• 10.2.1 unless you have give us written notice of the defect within seven days of the time you discover it or ought to have discovered such defect and we are given reasonable time and opportunity after receiving your notice referred to in this clause 10.2.1 to examine the defective Product;
• 10.2.2 if you use the defective Product after giving notice to us as referred to in clause 10.2.1 above;
• 10.2.3 if the defect results from fair wear and tear, wilful damage, negligence, misuse, abnormal working conditions or your failure to follow any of the manufacturer's or our oral or written instructions as to the use of the Product; or
• 10.2.4 if you have altered or repaired the Product.
• 10.3 We will conduct our examination of the defective Product pursuant to clause 10.2.1 above within thirty days of the notice served by you under that clause and if we agree that the Product is defective and the warranty under clause 10.1 has been breached we will, at our option:
• 10.3.1 within sixty days of the date of our agreement that the Product is defective and subject always to the Product manufacturer's and/or supplier's lead times for delivery of that Product, repair or replace the defective Product free of charge; or
• 10.3.2 within thirty days of the date of our agreement that the Product is defective, refund the price of the defective Product (or a proportion thereof relating to the defect) upon your delivery up to us of the defective Product at the Address (at our request).
• 10.4 Upon our compliance with clause 10.3 above you acknowledge and accept that we shall have no further liability to you for the breach of warranty in clause 10.1 above in respect of a defective Product.
• 10.5 Subject always to clause 10.1 above, and except where Products are supplied to a person dealing as a "Consumer" (as defined in the Unfair Contract Terms Act 1977), all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
• 10.6 Our liability for losses you suffer as a result of us breaking these Terms and Conditions is strictly limited to the purchase price that you have paid for the Product(s).
• 10.7 This does not include or limit in any way our liability:
• 10.7.1 for death or personal injury caused by our negligence;
• 10.7.2 under section 2(3) of the Consumer Protection Act 1987;
• 10.7.3 for fraud or fraudulent misrepresentation; or
• 10.7.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
• 10.8 We are not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
• 10.9 We will deliver the Product(s) by means of normal access only to within the perimeter walls of the Delivery Address. If upon delivery, you or any person who accepts delivery on your behalf, requests that the Product(s) are taken to a particular part of the Delivery Address (including, without limitation, up stairs or along corridors) then you undertake not to hold us or any of our employees, agents or subcontractors responsible for any damage that may occur in consequence of such a request.
• 10.10 Nothing contained in these Terms and Conditions shall affect the statutory rights of a customer who deals as a consumer.

11 WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

12 NOTICES
All notices given by you to us must be sent to the Address and marked for the attention of "The Manager, Shop4Furniture". We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11. Notice will be deemed received and properly served, 24 hours after an e-mail is sent, or forty eight hours after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

13 TRANSFER OF RIGHTS AND OBLIGATIONS

• 13.1 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
• 13.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

14 EVENTS OUTSIDE OUR CONTROL

• 14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
• 14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
• 14.2.1 strikes, lock-outs or other industrial action;
• 14.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• 14.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• 14.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• 14.2.5 impossibility of the use of public or private telecommunications networks; or
• 14.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
• 14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
• 14.4 If any Force Majeure Event continues for a period in excess of thirty days, either you or us shall be entitled by notice in writing to terminate the Contract.

15 WAIVER

• 15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
• 15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
• 15.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12.

16 SEVERABILITY
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17 ENTIRE AGREEMENT

• 17.1 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
• 17.2 You acknowledge that, in entering into a Contract, you have not relied on any representation, undertaking or promise given by us or implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.

18 LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.