This page (together with the web pages and documents referred to on it) tells you the terms on which we supply any of the products (Products) listed on our website www.frenchbedroomcompany.co.uk (our site) and in our brochure to you. Please read these terms carefully before ordering any Products from our company. You should understand that by ordering any of our Products, you agree to be bound by these terms. You should print a copy of these terms for future reference.
If you are ordering online, please tick the box in the Checkout to indicate you have read and accept these terms. If you have ordered by over the telephone or in person, please read these terms carefully and advise us immediately if you do not accept them. Please understand that if you refuse to accept these terms, you will not be able to order any Products from us.
INFORMATION ABOUT US
www.frenchbedroomcompany.co.uk is a site operated by The French Bedroom Company Limited (we). We are registered in England and Wales under company number 05812722 and with our registered office and main trading address at Apsley House, Butler's Green Road, Haywards Heath, West Sussex, United Kingdom RH16 4AH. Our VAT number is 921 2163 64.
Our site is only intended for use by people resident in the UK and Ireland. While we will accept orders from people not resident in the UK and Ireland, and we may be able to facilitate shipping with insurance, we cannot accept any liability for problems discovered after goods have left the UK.
By placing an order with us, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an email 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. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms we have accepted your order and are processing it (Order Acceptance Confirmation). The contract between us (Contract) will only be formed when we send you the Order Acceptance Confirmation.
The Contract will relate only to those Products we have confirmed in the Order Acceptance Confirmation. We will not be obliged to supply any other Products which may have been part of your order until we confirm such Products in a separate Order Acceptance Confirmation.
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
You will not have any right at any time to cancel a Contract for the supply of any products made to your bespoke requirements (e.g. using your own choice of materials or to your own measurements).
You will not have any right to cancel a Contract for the supply of any of the following Products after delivery: mattresses, any items that have been electrically installed, or any products made to your bespoke requirements (e.g. using your own choice of materials or to your own measurements).
Except where the previous two paragraphs are relevant, you may cancel a Contract at any time before we confirm that goods have been handed to our couriers for delivery. You will receive a refund in accordance with our refunds policy (set out in 'Our Refunds Policy' below).
In addition to your other rights in these terms, if you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the Products (except where the first two paragraphs of this section are relevant). In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in 'Our Refunds Policy' below). Cancellation rights do not apply to business customers. For the avoidance of doubt, if different goods are accepted on different dates, any decision to return the earlier goods must be made within fourteen days of receipt of those goods. A decision cannot be made to return earlier goods when the later goods arrive if this is outside of the initial fourteen day period.
To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them including the original packaging, and at your own cost and risk. You are under no obligation to use our couriers, although we can assist with the return process by booking a collection with them on your behalf. You have a legal obligation to take reasonable care of the Products while they are in your possession. If we agree to a return, you should leave the Products packaged so that we can collect them. Under no circumstances should the Products be used while you await collection. If you fail to comply with these obligations, we may have a right of action against you for compensation.
We have the right to cancel an order at any time prior to delivery.
Nothing in these terms affects your statutory rights as a consumer. You should contact your solicitor or local Citizens Advice Bureau if you need further information about your rights.
AVAILABILITY AND DELIVERY
We normally estimate delivery of Products within 1-3 weeks for Products which are in stock and 3-20 weeks for Products not in stock or for bespoke Products produced to your specific requirements. Please note, all projected delivery times are estimates.
The Order Acceptance Confirmation will contain estimated dispatch and delivery dates for those Products.
We will endeavour to fulfil your order by the date set out in the Order Acceptance Confirmation or, if none is specified, within the estimated time periods stated above unless there are exceptional circumstances.
We will send you a further email confirming that the Product has been dispatched (the Dispatch Confirmation) with an updated estimate of the delivery date.
Except for smaller items that we send by overnight parcel courier, the courier will unpack the Product(s) and wait while you check it/them and will ask you to sign a Proof of Delivery indicating that you have checked the Product(s) and that you accept it/them. Except in obvious cases of error on our part or where you have indicated damage on the Proof of Delivery note, we will not be liable for damage reported for Product(s) after you have signed the Proof of Delivery.
For smaller items that we send by overnight parcel courier, there is no obligation to check the goods while the courier is with you. However, you are required to inspect the goods for visible damage within 7 days of the delivery date, and advise us if damage has been found so that we can arrange a replacement or refund. After this time, we will not accept responsibility for any damage reported, given the possibility that damage may have occurred after goods have been delivered.
If you intend to send the Products onward after delivery by us, you or your representative must check that there are no problems with the goods before they are shipped. We will not be held liable for any problems with the Product(s) after you or your representative have signed the Proof of Delivery note.
If you order Products for delivery outside the UK, we strongly recommend you ensure your chosen courier has adequate insurance to cover the costs of your goods in transit. We cannot be held liable for any problems that are incurred once goods have been shipped overseas. If we are arranging international shipping on your behalf, we can facilitate the arranging of insurance.
Where Products have been ordered with our White Glove Service, our couriers will deliver the Products to a room of your choice, the goods will be unpacked, and packaging removed. Please note that goods are not returnable without their original packaging, so it is your responsibility to ensure that you will not want to return the Products before the packaging is disposed of. Goods will only be taken to a room of your choice subject to a satisfactory health and safety assessment by our couriers. If the Products cannot be safely put into position, our drivers will offer to leave the Products a place that is acceptable to you. Our couriers are not responsible for dismantling furniture that you may already have in your room, or for cleaning the room after furniture has been installed.
If our couriers have booked an appointment with you for delivery or collection, and you do not make yourself available at the agreed time, you may need to pay an additional fee in order for us to redeliver or collect your goods.
We offer 3 months' free storage for all orders. After this time, on the first working day of the fourth month and on each subsequent month, a storage fee will become payable. This is charged at 1.5% of your total order value per month. In the event of an order cancellation when storage fees have been incurred, this amount will be deducted from the value of your refund.
RISK AND TITLE
The Products will be at your risk from the time of delivery and when you have signed the Proof of Delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
CONFORMITY OF GOODS
We take every care to ensure that the description and specification of our products are correct at the time of going to press. However, specifications and descriptions of products on this website are not intended to be binding and are intended only to give a general description of the products. As most of our furniture is hand-made, you should allow for a potential variation of up to 10% for measurements. Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the products.
PRICE AND PAYMENT
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error or, where the Product is not in stock and we have to order it from abroad, where there is a fluctuation in the rate of exchange after you have placed your order.
Our prices include VAT but exclude delivery costs, which will be added to the total amount due as calculated in our Site's shopping basket, which can be found at http://www.frenchbedroomcompany.co.uk/checkout/cart/.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Acceptance Confirmation.
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 normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Acceptance Confirmation or a Dispatch Confirmation.
A maximum of one discount code can be applied per order. Discount voucher codes cannot be used if payment involves an application for credit.
Payment for all Products must be by credit or debit card, PayPal, cheque, cash or (subject to our prior approval) by bank transfer. We accept payment by all major credit cards except American Express. We will take full payment when you place your order. If an application for credit has been made, repayments typically commence one month after delivery.
OUR REFUNDS POLICY
If you cancel a Contract before accepting delivery of your goods we issue the Delivery Confirmation, we will refund you in full, including delivery charges (excluding delivery surcharges). If you cancel a Contract after we have handed the Products to our courier, we will refund the price of the Product in full (delivery charges and our White Glove charge are not refundable).
When you return a Product to us:
because of a defect, we will refund you in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
because you have cancelled the Contract between us within the 14-day cooling-off period (see the fourth paragraph in 'Consumer Rights' above), we will refund the price of the Product in full. However, you will be responsible for all delivery and return costs;
for any other reason (for instance, because you have notified us that you do not agree to a specific change in these terms or in any of our policies), we will notify you of your refund via e-mail within a reasonable period of time, provided we have agreed to the return of your item.
If we agree to a return, goods must be actually returned within 14 days. After this time, they will be not returnable and your right to a refund will be forfeited.
If you are returning a product because it cannot be positioned in its intended position within your property (for example, if it will not fit up stairs or through doorways), there will be a £55 returns courier fee that will be deducted from the total amount refunded.
Please note we will examine the returned Product(s) upon return to check its condition. Where we reasonably believe a defect was caused by you of your courier (if you have chosen to return goods with your choice of courier instead of booking a collection from our courier), this may affect the amount of your refund.
We loan furniture for commercial use (e.g. for photoshoots) at a rate of 20% of the value of products per week of use. If our products are used for commercial reasons and are then returned to us, this fee will be deducted from your refund.
We will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation under the cooling-off period, otherwise within 14 days of the day we receive your Products in our warehouse.
If your original order was eligible for a promotion such as free delivery or '10% off a mattress when buying a bed', and you choose to return goods so that the terms of the promotion are no longer being met, you will become liable for the full value of goods and delivery cost. For example, a delivery charge will become payable if the final value of goods sold after refunds goes below the free delivery threshold of £1000.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any Product purchased from us through our site will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. This warranty covers all parts and labour but excludes collection and redelivery charges. It also excludes defects caused by normal wear and tear, and accidental damage, such as broken glass, caused while products are in your possession.
Subject to the final paragraph in this section, if we fail to comply with these terms, we shall only be liable to you for the purchase price of the Products and any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
Subject to the final paragraph in this section, we will not be liable for losses that result from our failure to comply with these terms that fall into the following categories: loss of income or revenue, loss of business, loss of profits, loss of anticipated savings, financial loss caused by financing arrangements, installation costs, loss of data or waste of management or office time. Additionally, by purchasing from us, you will be deemed to have indemnified us against any liabilities that may be caused by misuse of Products supplied by us. However, this paragraph will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded here.
Nothing in this agreement excludes or limits our liability for, death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by section 12 of the Sale of Goods Act 1979, defective products under the Consumer Protection Act 1987, or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
IMPORT DUTY & LOCAL LAWS
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Where Products are eligible for a VAT refund, we will reimburse the VAT element of the transaction but not any VAT on delivery or other charges. We charge a £20 fee per order for processing VAT refunds.
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 or provide you with information by posting notices on our website. 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.
All notices given by you to us must be given to The French Bedroom Company Limited by post to Apsley House, Butlers Green Road, Haywards Heath, West Sussex, United Kingdom, RH16 4AH or by email to email@example.com. 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 the Written Communications section above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days 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.
TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assignees.
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.
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.
EVENTS OUTSIDE OUR CONTROL
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 (Unforeseen Event).
An Unforeseen Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, and the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Unforeseen Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Unforeseen Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Unforeseen Event.
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, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the section on Written Communications above.
If any of these terms 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.
These terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms or the documents referred to in them.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
Nothing in this paragraph limits or excludes any liability for fraud.
OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and terms in force at the time that you order products from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).
LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.