1. Where to find information about us and our goods

1.1. You can find everything you need to know about us, FURNCARE LIMITED, and our goods on our website, in our catalogue or from our sales staff before you order. We also confirm the key information to you in writing after you order, either by email, in your online account or on paper.

2. We don’t give business customers all the same rights as consumers

2.1. For example, business customers can’t cancel their orders, they have different rights where there is a problem with any goods and we don’t compensate them in the same way for losses caused by us or our goods. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying goods wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

3. If you are a business customer this is our entire agreement with you

3.1. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement. You are solely responsible for ensuring that each product you purchase from us is suitable for the application for which it is required.

4. We only accept orders when we’ve checked them

4.1 We contact you to confirm we’ve received your order and then we contact you again (normally within 24 hours) to confirm we’ve accepted it.

5. Sometimes we reject orders

5.1. Sometimes we reject orders, for example, because the goods are unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because you are located outside our delivery areas, or because the good(s) were mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid. We reserve the right to supply an alternative equivalent or a good or better quality at the same price.

6. We charge you when you place your order unless we have agreed something different with you

6.1. However, for some goods or orders over a certain value, we take payment in intervals, as explained to you during the order process. You will own the goods once we have received payment in full. If you fail to make payment for the good(s) by the due date, or if you enter bankruptcy, insolvency, administration, receivership or cease trading, we reserve the right to enter the premises in which the good(s) are stored and repossess any unpaid goods.

6.2. We may offer you the opportunity to create a credit account with us, subject to our prior approval and satisfaction of all required credit references we may deem appropriate. If you have a credit account with us, we will charge you on delivery of your goods. If you fail to make any payments under such credit account by the applicable due date, we reserve the right to revoke your use of such credit account and will require payment of the goods to be made in advance of delivery.

6.3. If we provide you with a quote for the goods to be ordered, such quote will remain valid for a period of 3 months and thereafter we reserve the right to revise the charges for such goods prior to you placing the order and will notify you of any revisions prior to accepting your order.

7. If you are a business customer you have no set-off rights

7.1. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

8. We charge interest on late payments

8.1. If we’re unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 5% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

9. We pass on increases in VAT

9.1. If the rate of VAT changes between your order date and the date we supply the good(s), we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

10. Delivery and We’re not responsible for delays outside our control

10.1. We will endeavour to deliver your good(s) within the timeframe notified to you at the point your order is placed. However, delivery dates are estimates only and cannot be guaranteed and we shall not be held liable for any delay in delivery or any consequences thereof.

10.2. If our supply of your good(s) is delayed by an event outside of our reasonable control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay. However, if you are a consumer and the delay is likely to be substantial but we are yet to purchase any raw materials for your goods, and/or manufacture of the goods has not yet commenced, you can contact our Customer Service Team: on 01603 664900 or sales@furncare.co.uk to ask to end the contract and receive a refund for any goods you have paid for in advance, but not received.

11. Goods can vary slightly from their pictures.

11.1. A good’s true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different. All sizes are approximate and should any significant changes occur, including in relation to any description of the good(s), we will endeavour to advise you at the point of ordering.

12. You’re responsible for making sure your measurements are accurate

12.1. If we’re making or supplying the good(s) to measurements you provide, you’re responsible for making sure those measurements are correct.

13. Damages and shortages to your goods

13.1. Following delivery of your order, if it transpires that your order is received short in number or damaged, you will need to notify us within 3 working days of delivery of any issues with your goods. We shall then have the right to examine the goods before agreeing to any means of remedy. If a delivery is signed for “unexamined” (that is to say, without an examination of the goods delivered having been made by you or somebody instructed by you), then such examination must be conducted within 24 hours of delivery.

14. We may charge you if you don’t give us information we need

14.1. We may charge you additional sums if you don’t give us information we’ve asked for about how we can access a property for delivery, installation or to provide services or if you don’t do preparatory work for delivery, as agreed with us. For example, we might need to re-deliver on another vehicle or with extra manpower in which case we reserve the right to charge you any additional sums we incur as a result.

15. If you are a consumer and you bought online, over the telephone or by email, you have a legal right to change your mind

15.1. Your legal right to change your mind. 

For most of our goods bought online, over the telephone or by email, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

15.2. When you can’t change your mind. You can’t change your mind about an order for:

15.2.1. goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

15.2.2. goods that are made to your specifications or are clearly personalised; and

15.2.3. goods which become mixed inseparably with other items after their delivery.

15.3. The deadline for changing your mind.

If you change your mind about any of the goods you order form us you must let us know no later than 14 days after the day we deliver the goods to you. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.

15.4. How to let us know.

To let us know you want to change your mind, contact our Customer Service Team: on 01603 664900 or sales@furncare.co.uk.

15.5. You have to return the good(s) at your own cost.

You have to return it to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the goods.

15.6. We only refund standard delivery costs.

We don’t refund any extra you have paid for express delivery or delivery at a particular time.

15.7. We reduce your refund if you have used or damaged the good(s).

If you handle the good(s) in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the condition is not “as new”, price or safety tags have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the good, no refund may be due.

15.8. When and how we refund you.

If your goods haven’t been delivered or that we’re collecting from you, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. If you are sending your good(s) back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you’ve sent them to us). We refund you by the method you used for payment. We don’t charge a fee for the refund.

16. You have rights if there is something wrong with your good(s):

16.1. Return the good(s) to us.

If you think there is something wrong with your good(s), you must contact our Customer Service Team: on 01603 664900 or sales@furncare.co.uk.

16.2. Your rights and remedies if you are a consumer.

We honour our legal duty to provide you with goods that are as described to you on our website and that meet all the requirements imposed by law. For detailed information on your legal rights please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.

16.3. Your rights if you are a business.

We warrant that on delivery, and for the period of time shown against the relevant good(s) on our website or within our brochure,(warranty period), any goods shall:

16.3.1. conform in all material respects with their descriptions and any relevant specification forming part of your order;

16.3.2. be free from material defects in design, material and workmanship;

16.3.3. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

16.3.4. be fit for any purpose held out by us. We are not responsible for the good(s) conforming with any purpose set out by you unless we have provided such confirmation in writing.

16.4. Your remedies if you are a business.

Unless an exception applies (see Exceptions to business customers’ warranty) if:

16.4.1. you give notice in writing during the warranty period within a reasonable time of discovery that the goods do not comply with the business customer warranty (see Your rights if you are a consumer);

16.4.2. we are given a reasonable opportunity of examining such goods; and

16.4.3. you return such goods to us at our cost,

we shall, at our option, repair or replace the defective good and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement goods supplied by us.

16.5. Exceptions to business customers’ warranty.

We will not be liable for a good’s failure to comply with the business customer warranty (see Your rights if you are a business) if:

16.5.1. you make any further use of such good after telling us it is non-compliant;

16.5.2. the defect arises because you failed to follow our oral or written instructions as to storage, installation, commissioning, use or maintenance of the good or (if there are none) good practice;

16.5.3. the defect arises because we followed any drawing, design or specification supplied by you;

16.5.4. you alter or repair the good without our written consent; or

16.5.5. the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

16.6. If we store the goods for you.

We reserve the right to charge storage interest on the value of any stock held on your behalf. The interest rate charged will be interest-free for the first two months, and then increase to 2% for the following three months. After five months of storing the goods on your behalf, the interest rate will increase to 5% per annum, calculated daily and compounded monthly. Interest will accrue from the agreed delivery date that the stock is held by us until the date that we deliver it to you, or you collect it from us. We will provide you with written notice of the interest charges before they are incurred. You will remain responsible for any and all risk in the goods whilst they are stored by us.

17. We can change goods and these terms

17.1. Changes we can always make.

We can always change a good:

17.1.1. to reflect changes in relevant laws and regulatory requirements; or

17.1.2. to make minor technical adjustments and improvements that don’t affect your use of the good(s).

If we need to make any material changes to the goods which do not fall into either of the above categories of changes, we will notify you of such change and you can then contact our Customer Service Team: on 01603 664900 or sales@furncare.co.uk to end the contract before the change takes effect, provided we have not incurred any costs prior to the date of cancellation, and receive a refund for any goods you’ve paid for in advance, but won’t receive.

18. We can suspend supply (and you have rights if we do)

18.1. We can suspend the supply of a good. We do this to:

18.1.1. deal with technical problems or make minor technical changes;

18.1.2. update the goods to reflect changes in relevant laws and regulatory requirements; or

18.1.3. make changes to the good(s) (see We can change goods and these terms).

18.2. We let you know, may adjust the price and may allow you to terminate.

We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we’re going to suspend supply, for more than 3 months you can contact our Customer Service Team: on 01603 664900 or sales@furncare.co.uk to end the contract and we’ll refund any sums you’ve paid in advance for goods you won’t receive.

19. We can withdraw goods

19.1. We can stop providing a good.

We let you know as soon as reasonably practicable and will aim to give you at least 30 days’ notice in advance unless the withdrawal timeframe is due to be shorter than 30 days, and we refund any sums you’ve paid in advance for good(s) which won’t be provided.

20. We can end our contract with you

20.1. We can end our contract with you for the supply of goods and claim any compensation due to us if:

20.1.1. you don’t make any payment to us when it’s due and you still don’t make payment within 14 days of our reminding you that payment is due;

20.1.2. you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the goods, for example, delivery address or access information;

20.1.3. you don’t, within a reasonable time, either allow us to deliver the good(s) to you or collect it/them from us. If you have said you will collect a good but you don’t do this within 30 days then (unless the good is made to your specifications or is clearly personalised) we treat your order as cancelled and refund the purchase price, see If you are a consumer and you bought online, over the telephone or by email, you have a legal right to change your mind.

21. We don’t compensate you for all losses caused by us or our goods

21.1. Our liability to consumers.

 We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:

21.1.1. Unexpected.

It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

21.1.2. Caused by a delaying event outside our control.

As long as we have taken the steps set out in the section We’re not responsible for delays outside our control.

21.1.3. Avoidable.

Something you could have avoided by taking reasonable action.

21.1.4. A business loss.

Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Your rights if you are a business.

21.2. Our liability to businesses.

If you’re a business, then, except in respect of the losses described in Losses we never limit or exclude:

21.2.1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

21.2.2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred per cent (100%) of the total sums paid by you for goods under such contract, or £10,000 (ten thousand pounds), whichever is the lesser.

21.3. Losses we never limit or exclude.

Nothing in these terms shall limit or exclude our liability for:

21.3.1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

21.3.2. fraud or fraudulent misrepresentation;

21.3.3. any matter in respect of which it would be unlawful for us to exclude or restrict liability.

21.4. No implied terms about goods.

Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

22. We use your personal data as set out in our Privacy Notice

22.1. How we use any personal data you give us is set out in our Privacy Notice at https://furncare.co.uk/privacy-policy/.

23. You have several options for resolving disputes with us

23.1. Our complaints policy.

Our Customer Service Team: on 01603 664900 or sales@furncare.co.uk will do their best to resolve any problems you have with us or our goods.

23.2. You can go to court.

These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

24. Other important terms apply to our contract

24.1. We can transfer our contract with you, so that a different organisation is responsible for supplying your good(s).

We’ll tell you in writing if this happens and if you are a consumer we’ll ensure that the transfer won’t affect your rights under the contract.

24.2. You can only transfer your contract with us to someone else if we agree to this.

If you’re a consumer we may not agree if we would not have contracted with the person to whom you wish to transfer the contract, had they sought to contract with us directly (for example, due to their credit rating). If the transfer involves the transfer of the benefit of any warranty given in respect of the good(s), we can require the new owner to prove you transferred the good(s) to them. If you’re a business you need our agreement to transfer your contract with us and it’s entirely up to us whether we give it.

24.3. Nobody else has any rights under this contract.

This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

24.2. If a court invalidates some of this contract, the rest of it will still apply.

If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

24.5. Even if we delay in enforcing this contract, we can still enforce it later.

We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

24.6. We reserve the right to take photographs of any good(s) we supply to you, including once they are in situ at your premises, for marketing and promotional purposes.

We will notify you in advance if we intend to do this and we will retain ownership of any photographs, imagery or other promotional or marketing material (and all intellectual property therein).