Welcome to the Home Living Terms and Conditions. Please read them through carefully before using the website and/or placing your order. They do not affect your statutory rights. Your continued use of this website constitutes your agreement to be bound by these terms and conditions which shall also govern all transactions on the website to the exclusion of any other terms and conditions.
In this document the following words shall have the following meanings:
“Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
“Customer” means any person who purchases Goods and Services from the Supplier;
“Goods” means the articles specified in the Proposal;
“Proposal” means a statement of work, order, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
“Services” means the services specified in the Proposal;
“Supplier” means Home Living NE Limited of Ryhope Road, Sunderland, SR2 0SP and Home Living NE Limited’s website at www.home-living.co.uk (the “Website”).
“Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
You must be eighteen (18) years of age or older to order from the Supplier and by accepting these Terms and Conditions you are confirming to us that you no less than eighteen years of age.
The Supplier reserve the right to cancel or decline all or part of the Proposal for whatsoever reason and should this occur will contact you with these details.
No contract exists between you and the Supplier for the sale of any Goods until the Supplier has accepted your order and supplies you confirmation by writing or by email to the address you have given. The Supplier shall not be under any obligation to accept your order but once it has done so there is a binding legal contract between you and the Supplier.
Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Supplier shall be subject to correction without prior notice or any liability attaching to the error on the part of the Supplier.
3 THE ORDER
The Proposal attached to these Terms and Conditions shall remain valid for a period of 7 days.
The Customer shall be deemed to have the Proposal by placing an order with the Supplier (“the Order”) within the period specified in Clause 3.1.
All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
4 PRICE AND PAYMENT
The price for the Goods and Services is as in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.
Payment of the price shall be in the manner specified in the Proposal, If no manner is specified we accept the following methods: Credit/Debit Card, Cheque, Cash or Bank Transfer (BACS).
Where the Supplier is completing the delivery, any outstanding balance must be paid prior to delivery being arranged. Where the Supplier is using a third party logistics company to complete the delivery, any outstanding balance must be paid prior to the orders dispatch.
5 DELIVERY AND RISK
The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
All risk in the Goods shall pass to the Customer upon delivery.
Where home delivery is required, the charge (if applicable) will be shown on the Proposal. Free shipping only applies to mainland UK – excludes Northern Ireland, Channel Islands, Scottish Borders, Highlands and Islands. Prices for these areas are available on request. In the event you have placed an order already and require delivery to the areas listed above, an additional charge will be payable.
Home delivery covers the transport of the Goods specified on the Proposal to the doorstep of the delivery address provided. Whilst the Supplier is happy to position items within the home on behalf of the Customer, they do so at the risk of the Customer. The Supplier shall not be liable for any damages caused directly or indirectly to the home by moving the Goods.
The protection of flooring surfaces belongs to the Customer. Where no flooring protection has been provided, the Supplier will provide flooring protection where safe to do so. The Supplier shall not be liable for damages caused directly or indirectly to flooring surfaces whilst undertaking a delivery.
If delivery cannot be made to your address, the Supplier will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
If there is no one at the delivery address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods. There may be a re-delivery charge.
By placing an order with the Supplier, you confirm that the items of furniture you wish to order will fit through any passages, stairways, landings and doorways on the way to the chosen room. Where items are returned as unwanted, we reserve the right to make a charge of £60 to cover the return delivery cost.
All natural and synthetic colours and finishes can only be supplied on the understanding that there is always a possibility of variation. Leather and wood products will by their nature be subject to grain variations. Whilst every reasonable effort will be made to ensure colour matches, fabrics and leather may vary due to dye lot variations. The Supplier will not be responsible for colour variations in the event that matching items are not purchased together.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
co-operate with the Supplier;
provide the Supplier with any information reasonably required by the Supplier;
comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
8 SUPPLIER’S OBLIGATIONS
The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
In addition to the Customer’s statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials – guarantees vary by product, the customer should check with the supplier before they make their purchase.
9 CANCELLATIONS AND REFUNDS
If you are a Consumer, you have the right to cancel the contract at any time up to the end of seven working days before you receive the Goods. A working day is any day other than weekends and bank or other public holidays in the United Kingdom.
To exercise your right of cancellation, you must give written notice to the Supplier by hand or post, telephone or email, giving details of the Goods ordered and (where appropriate) their delivery.
Once you have notified the Supplier that you are cancelling the contract, The Supplier will refund or re-credit you within 30 days of receiving notice of such cancellation for any sum that has been paid by you for the Goods including any original delivery charge.
We regret that we cannot accept returns of mattresses or pillows that have been unsealed and removed from the original packaging; your right to cancel will have ended for reasons of health and hygiene, as the product will be deemed to have be used.
To any Goods that have been “Made to Order” specifically for you i.e Sofas. Due to the bespoke nature and our inability to resell Goods made to your specification again at the full retail price. The cancellation of any made to order Goods is not possible once we have processed the order.
If the Customer fails to cancel the order within the time specified in Clause 9.1 any deposit paid may not be returnable.
10 LIMITATION OF LIABILITY
Nothing in these Terms and Conditions exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
For the avoidance of doubt, time shall be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
The Supplier shall not be responsible for any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party.
11 FORCE MAJEURE
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 acts of God, strikes, lock outs, accidents, war, fire, 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.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of English and the parties hereby submit to the exclusive jurisdiction of the English courts.
14 DATA PROTECTION
Home Living NE Limited will take all reasonable precautions to keep the details of your order and payment secure but unless Home Living NE Limited is negligent Mayfield Furniture will not be liable for unauthorised access to information supplied by you.
Home Living NE Limited will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise (Newsletter). You can correct any information about yourself by logging into your account.
You are responsible for maintaining the confidentiality of your account number and password and also for all activities which take place under your account.
You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will Home Living NE Limited be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your account number and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
Home Living NE Limited may use technology to track the patterns of behaviour of visitors to the Website and ‘personalise’ your viewing experience. This can include using a ‘cookie’, which would be stored on your browser. The information collected in this way can be used to identify you unless you modify your browser settings. You can usually modify your browser to prevent this happening. However, the Website may not work as well as intended.
16 HOME LIVING NE LIMITED CONTACT DETAILS
If you have any queries about these Terms or any other aspect of our Website please contact us.
We will endeavour to respond as quickly as possible.
The registered office of Home Living NE Limited is:
Telephone: 0191 523 8656
Company Registration Number: 07102724
VAT Registration Number: GB 842 7698 85