TERMS AND CONDITIONS OF SUPPLY:
This page (combined with the other documents referenced within it) stipulate the terms and conditions on which we (“Style Our Home Ltd”) supply Goods to you (“the Customer”). The following Terms and Conditions apply to the purchase of Goods listed on our website www.styleourhome.com. Please read these terms carefully before you submit your order to us. By purchasing Goods from our site and entering into a contract, please be aware that you are agreeing to be bound under these Terms and Conditions.
These terms tell you who we are, how we will provide Goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
We store details of your order and these terms and conditions, we will send you details of your order and our terms and conditions via email following the placing of your order. The details about your recent orders can be found in your customer login area. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
You can find our terms and conditions here at all times and you should print a copy of these terms and conditions for your future reference.
Terms of website use
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website styleourhome.com, whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
1. Information about us
1.1 Styleourhome.com is a site operated by Style Our Home Ltd ("SOH"). SOH is registered in England and Wales under company number 06050720. Our registered office is at Venture Point, Towers Business Park, Rugeley, Staffordshire, WS15 1UZ. Our VAT registration number is 128 5540 12.
2. Definitions
2.1 "Customer" (“you”) means the person who buys or agrees to buy the Goods from the Seller in line with these terms and conditions.
2.2 "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.3 "Delivery date" means the date specified by the Seller when the Goods are to be delivered to the Customer.
2.4 "Price" means the price of theGoods including carriage, packing and VAT.
2.5 "Goods" means those products specified.
2.6 "Seller" means Styleourhome.com.
2.7"Consumer" shall bear the meaning ascribed in section 2(3) of the Consumer Rights Act 2015.
2.8 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Orders and Conditions applicable
3.1 Nothing in these conditions shall affect the Customer's statutory rights as a consumer.
3.2 The Seller shall sell and the Customer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the customer, or any written or verbal order of the Customer which is accepted by the Seller including but not limited to orders placed using the Seller's electronic online ordering service. Subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions, subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Customer.
3.3 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 Seller shall be subject to correction without any liability on the part of the Seller.
3.4 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.
3.5 The Customer agrees to pay for any loss or extra cost incurred by the Seller through the Customer instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Customer, its servants, agents or employees. If no one is available to receive the Goods upon delivery, we will either contact you by email/telephone or leave you a note informing you of how to rearrange delivery. If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract. If the contract is therefore breached, we will refund any money you have paid in advance for products we have not provided. However, we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract including the associated costs through failure in taking delivery.
3.6 The Seller reserves the right to retract any written or verbal quotation. The Seller reserves the right to cancel any orders placed, if for any reason the Seller is not able to supply the Goods ordered by the Customer.
3.7 Any payment received by the Seller for an order that cannot be fulfilled will be refunded as soon as possible, and in any case, within 30 days of the day we notified you via e-mail of the order cancellation. The Seller will not be obliged to offer any compensation for disappointment suffered.
4. Risk and title
4.1 Risk of damage to or loss of the Goods shall pass to the Customer upon delivery to their selected address.
4.2 Notwithstanding any other provision herein, title in the Goods shall not pass to the Customer until the Seller has received in cash or clear funds payment in full for the purchase.
4.3 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness against any of the Goods which remain the property of the Seller, but if the Customer 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.
5. Price and payment
5.1 Save as provided otherwise herein, the price shall be that as stipulated in the Seller's published price list current at the date of order of the Goods. Any event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the price payable under the contract upon reasonable notice. If notice of price increase is given by the Seller, the Customer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the Seller within 14days of delivery of the notice of price increase to the Customer.
5.2 Payment of the price shall be due at the date of the order. Time for payment shall be of the essence. If the Customer does not pay the price on notification of shipment the Seller may bring an action for the price even though property in the Goods has not been passed to the Customer. If the Customer fails to make payment as required the Seller may suspend delivery of the Goods or any further Goods ordered until payment is made in full.
5.3 When an order is placed by the Customer, we will send out an order confirmation by email confirming the order with us this will qualify as our acceptance of your order, at which point a contract will come into existence between you and us, subject to these terms.
5.4 Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods 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. The company reserves the right to cancel any orders placed at that price and return in full any payment received.
5.5 If we are unable to accept your order, we will inform you of this in writing and either will not charge you for the product or process a full refund for any payment processed. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably prepare for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. This list is not limited to these suggestions.
5.6 Payment for all Goods must be by credit or debit card. We accept payment with Visa, Visa electron, Maestro, Solo, Mastercard, American Express. Payment of the price and delivery charges must be made in full prior to dispatch of the order. If you have paid a deposit and you have a balance outstanding, final payment will be required when your items arrive into stock with us and cleared funds need to be received, in any event, at least 3 working days before we deliver, so as not to delay your furniture from being loaded onto our delivery vehicle. If the final payment is not received in time and a delivery slot has been accepted by the Customer and Goods are in stock ready for delivery, the Seller is authorised to automatically request, from its Secure Payment Provider, the balance outstanding if the Seller has been unable to speak to the Customer beforehand. If the funds cannot be cleared from the Secure Payment Provider, the Seller is entitled at their discretion to cancel the delivery of the Goods until sufficient payment can be cleared.
5.7 Should an alternative delivery address to the registered billing address be requested, in accordance with our payment processing screening guidelines, we may request additional documentary evidence prior to order dispatch and are not obliged to deliver the goods to any alternative address specified.
6. Goods
6.1 The quantity and description of the Goods shall be set out in the Seller's quotation.
6.2 The Seller may make any changes in the specification of the Goods which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Goods are supplied to the Seller's specification.
6.3 Dimensions, where specified, are supplied by the manufacturers and displayed by us in good faith. They should be regarded as being an approximation and for assistance only. If you are ordering an item where accurate dimensions are important, please contact us directly before ordering and we will make further enquiries on your behalf.
6.4 Photographs are for illustrative purpose only, and shades can appear very slightly different between browsers and between batches of materials.
6.5 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
7. Delivery
7.1 The costs of delivery will be as displayed to you on our website. Should a remote area delivery surcharge be applicable, our system will not automatically add this charge. Please contact us before placing your order to ascertain whether we can deliver to your postcode and the associated cost.
7.2 During the order process, we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract. Your estimated delivery window will be indicated in your order summary, otherwise we will contact you with an estimated delivery date or we will agree a delivery date with you, which will be within 30 days after the day on which we accept your order.
(b) If the products are one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
7.3 Delivery of the Goods shall be made by the Seller or an agent notifying the Customer about delivery to such place as the Customer may specify at the time the order is placed. Generally, where an order contains more than one item all items will be delivered at the same time once all items are available.
7.4 We may accept special delivery instructions at the time of ordering online or when ordering by phone. By giving these instructions you are accepting responsibility for your order delivery and understand that no claim can be made against our courier company or Style Our Home for missing / stolen / damaged items under these instructions.
7.5 Upon receipt of your order, Style Our Home will send you an order confirmation, via e-mail, (or post if e-mail is unavailable). Where items ordered are in stock, we aim to dispatch orders within 7 – 21 days. Otherwise, lead times vary depending upon the item ordered - estimated delivery times are shown on each product page. The Seller will make every effort to keep you updated of any changes to estimated lead times. In the event of any delays with stock availability issues, we will keep Customers regularly informed as to the estimated delivery time of Goods.
7.6 The Seller shall use his reasonable endeavours to meet any date agreed for delivery. You have legal rights if we deliver any Goods late. If we miss the delivery deadline for any Goods then you may treat the contract at an end immediately if any of the following apply:
(a) we have refused to deliver the Goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); and
(c) you provided written notification to us before we accepted your order that delivery within the delivery deadline was essential.
7.7. If you do choose to treat the contract as at an end for late delivery under clause 7.6, you can cancel your order for any of the Goods or reject Goods that have been delivered. If you wish, you can reject or cancel the order for some of those Goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Goods and their delivery. If the Goods have been delivered to you, you must either post them back to us or (if they are not suitable for posting), allow us to collect them from you.
7.8 If we are delivering the Goods in to your property, it is your responsibility to ensure carpets/floors/fixtures/ fittings / furniture are covered and any valuable / delicate items are removed from the vicinity. We are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services or for any damage that occurs to your property or possessions whilst the deliver or assemblyif relevant is in progress.
7.9 Orders for delivery to addresses within mainland GB are delivered free, however there are excepted postcodes. See Delivery terms for further information, which form part of these terms and conditions. Deliveries to excepted postcodes will attract a charge and may take slightly longer than the lead times shown for each product.
7.10 Should your postcode attract a delivery charge and this is shown in the delivery terms, our system will automatically add this charge. With regard to IV21, IV25-28, IV52-54, KW1-14, PA80 postcodes, our system will NOT automatically add a delivery surcharge. You will be notified of this charge separately when your order is placed, when we will seek your approval and confirm if you still wish to proceed with your order. To determine the precise charge or lead time before placing your order, please contact us on 0800 145 5280 or email your postcode to [email protected].
7.11 In relation to Baumhaus Goods only, in order to keep delivery costs low and provide the quickest delivery time, we use the standard one-man delivery service offered by Baumhaus to ground floor room of choice. Please note that a surcharge of £25.00 will apply to the following postcodes where 1 item of Baumhaus furniture is being purchased: SA, LL, LD, SY. Our system will not automatically add this charge, we will contact you when your order is placed to request payment to proceed with your order.
7.12 Further, in relation to these postcodes (PA, PH, DD, AB, IV, KW, KY, IM, SA, CF, SY, LL, LD, NP, HR, PO 30-41), Baumhaus may deliver using a pallet service. If you wish to find out whether the one-man or pallet service applies to your Baumhaus order or whether we can arrange delivery through our TWO man service instead, please contact us on 0800 145 5280 or email your request to [email protected]
7.13 For delivery to ROI, Northern Ireland, Isle of Man, Isle of Wight, Scottish Islands and Channel Islands we will deliver to a nominated mainland GB address e.g. a shipping port. In these circumstances, we would ask you to specify a nominated mainland GB shipping port to deliver to. When sending furniture off shore or overseas, we would advise that risk and responsibility for any furniture rests with the Customer. It would be advisable to obtain insurance generally and/or from your carrier for transit damage. Although unlikely, if your product arrives with you with a damage or defect which is considered to be manufacturing, the cost and responsibility for ensuring this item arrives back to the UK shipping port would need to be borne by you, should you wish to return. We would not be responsible for any transit damage. Unfortunately, we are unable to inspect Goods before dispatching to a UK shipping port for offshore delivery.
7.14 Furniture / large items are delivered directly to your home in specially equipped furniture vans and are carried in by delivery staff. You will receive a telephone call, text or email to agree a time convenient to you prior to delivery. Where a delivery date/slot has been agreed with our carrier but the Customer isn't present to receive the delivery we reserve the right to charge the Customer a minimum of £40.00 to cover part of the cost of the failed delivery.
7.15 Due to size and weight, certain Goods are suitable for delivery by a one-man courier service or an express courier service to your front door with delivery attempted between the hours of 9 and 6pm. If we use an express courier service, items will be delivered between 1-3 working days from the date they are collected from us/our supplier by our courier, however it can occasionally take longer. Where possible, with our express courier service, we will send you a tracking email once the items have been collected from our warehouse/supplier to enable you to track your delivery and plan for its arrival. With our express courier service, you will need to be available to receive your delivery between the hours of 9 and 6pm although on the morning of delivery you should be able to check via the tracking email whether your delivery will be made in the AM or PM.
7.16 Please check both external access to your property and internal access to the room where the furniture is to be sited. Narrow or spiral staircases and lower ceilings may prevent access for large items. Please ensure the measurements of any access entrance are assessed in relation to the item dimensions, which are clearly stated in the product details for individual items. We reserve the right to charge the Customer a minimum of £40.00 to cover part of the cost for any failed deliveries in relation to accessibility issues, which will be deducted from your refund as costs incurred should you cancel the transaction.
7.17 Our Delivery information should also be read carefully as they form part of these Terms & Conditions.
8. Acceptance of the Goods
8.1 Other than where the Goods are bespoke, the Customer shall be deemed to have accepted the Goods 14 days after the Goods have been delivered and received by the Customer, in accordance with the Consumer Rights Act 2015. An order may be cancelled at any time between the placement of the order and 14 days following delivery of the Goods. If the Customer is dissatisfied with his/her purchase he/she may, within 14 days of delivery, contact the Seller's Customer service department to arrange for collection/return of the unassembled Goods.
8.2 This does not apply to items bespoke Goods or Goods made to a Customer's specification or fabric (see Paragraph 9.6 below) or to sealed Goods which are not suitable for return due to health protection or hygiene reasons, if unsealed after delivery or to Goods which have been assembled.
8.3 You must inform us in writing, or in another durable medium, if you wish to cancel. This includes letter, fax or email. A phone call is not acceptable. Please contact us as soon as possible to inform us that you wish to cancel you order, by e-mailing [email protected]. We regret that we cannot accept a cancellation after the 14-day period has expired.
8.4 Upon delivery, all packaging must be checked by the Customer before signing the delivery documents from the logistics or courier company. Any noticeable damage to packaging must be signed for as damaged/item unchecked and noted on the delivery paperwork before the departure of the delivery driver/courier. If a photograph could be taken, this would enable us to quickly report the issue to logistics and deal with the issue, if you later discover impact damage to an item once unpacked.
9. Returns and Cancellations
9.1 The Consumer Rights Act 2015 requires that the Goods sold by Style Our Home be of satisfactory quality, fit for purpose and as described. The Customer should make every effort to inspect the Goods upon delivery, however must notify the Customer Services Department via email or by telephone on 0800 145 5280 within 30 days if the Goods arrive damaged. Goods that are faulty arrive faulty will be replaced at no additional cost to the Customer. It is advised that before assembling the Goods, the Customer should unwrap carefully and fully examine all items at the time of delivery or shortly after. In the unlikely event that your Goods do arrive faulty please contact us to inform us email at [email protected].
9.2 Should the Goods you receive be faulty or not conform with these standards, you are entitled to a short term right to reject the Goods and gain a refund within 30 days of the delivery of the Goods. If possible, claims should be supported by photographic evidence so that we can arrange for the appropriate remedy to be offered. It is the responsibility of the Customer to ensure that all items are ready for the delivery company to collect once an exchange or return has been agreed. Please ensure any faulty Goods are returned in their original condition and packaging, we will bear the costs of the return. On return, the product will be inspected by the manufacturer if necessary, if it is deemed not to be faulty, the Customer will be responsible for the collection cost and could be charged the additional costs of inspecting the Goods.
9.3 Please take reasonable care of the Goods - we are entitled to make deductions from the refund to reflect any loss in value of the Goods supplied when returned to us. Faulty goods will be exchanged or collected from the original delivery destination. We would advise that risk and responsibility for any onward furniture transportation resides with the Customer. It would be advisable to obtain insurance generally and/or from your carrier for transit damage. Although unlikely, if your product arrives with you with a damage or defect which is considered to be manufacturing, the cost and responsibility for ensuring this item arrives back to the original delivery destination would need to be borne by you, should you wish to return. We would not be responsible for any claims for transit damage.
9.4 Any money which you have paid will be refunded, provided that the Seller receives the Goods in the original condition and packaging they were in at the time of delivery to the Customer. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any case, within 14 days of the day we receive the cancelled Goods from you. If you are unable to return your items in their original condition and original packaging, then a minimum repackaging charge of £30.00 per item may be deducted from your refund (see 9.5 below). If the item has been marked or damaged then restocking fees, potential repair and cleaning charges may also be deducted from your refund. If you wish to cancel, return or reject an item forming part of a multi-item order and you have been given a discount based on total order value, then, in calculating your refund, Style Our Home will take into account any lower level of discount that would have been available on the other items in the order had the returned/cancelled item not been included i.e. the refund given on the returned/cancelled item will be reduced to take into account the lower discount available on the other items in your order as a result of the reduction in total order value arising from the return.
9.5 Where items are unwanted, you will be responsible for the return collection or return postage cost in line with the Consumer Contract Regulations 2013 and the Consumer Rights Act 2015. Returned Goods should be adequately insured during return postage. Unwanted items must be returned unmarked, unused and in their original packaging. If our carrier has been instructed to collect the Goods to be returned and you do not have the original packaging, please notify us in advance so we can see whether it is possible to arrange for adequate packaging to be taken at the time of collection. In accordance with 9.4 above, a minimum repackaging charge of £30.00 per item will be deducted from your refund. If items are not in their original packaging and you have not notified us of this before collection, they will not be collected and a charge of up to £60.00 will be levied to cover the cost of failed collection.
9.6 Goods which are customised or have been made to your specification or finished in your required fabric cannot easily be offered for resale, so they are classed as bespoke items. Customers must note that they are unable to cancel or return bespoke items and leather upholstery items, in line with the Consumer Rights Act 2015. Items that are bespoke include but are not limited to Upholstered items, Macmaster, Vincent Sheppard, Gallery Upholstery made-to-order, Punt Mobles and Steve Bristow. Please note that, for hygiene reasons, mattresses cannot be returned once the packaging has been removed. Subject to our discretion, customers who cancel or wish to return special/made-to-order/customised items and leather upholstery items are liable for a 50% cancellation/returns fee, unless the order is cancelled within 7 days of placement. Goods must be returned to the Seller in the original condition they were in at the time of delivery. In this situation delivery charges paid will not be refunded.
9.7 Where self-assembly or full/part assembly of Goods has taken place, these cannot be returned or exchanged, therefore, it is your responsibility to fully check your item prior to assembly.
9.8 In the unlikely event that one of our items is to develop a fault within 6 months, please call or email us to discuss the options. Your options may vary depending on the individual circumstances including the length of time that you have had the product and the nature of the fault.
If, having considered the circumstances, the Seller agrees to a replacement or a repair and the fault is deemed to be manufacturing, then the Seller will exchange from or send a technician to the GB delivery address or, if the Customer has moved home, from and to a location which is no further than the GB address to which it was delivered by the Seller. If applicable, we will instruct a national and experienced furniture repair company, to assess and repair the issues reported with your furniture. They will contact you direct to book in your visit. We would kindly request you to be available at the time of the technician's visit to discuss the findings and oversee any repair.
Should you not be available to attend the visit please make sure your representative has your authority to accept the repair and is clear on your requirements. It is your responsibility to ensure floors/fixtures/fittings are covered and any valuable/delicate items are removed from the vicinity where the technician will be working. Once the assessment and/or repair has taken place you, or your representative, will be asked to confirm satisfaction with the result. We hope you are happy with your technician visit however, if you are not satisfied for any reason with the visit or repair, and to enable us to assist further, please make this clear on the report before signing and subsequently contacting us.
9.10 If the fault is reported after 6 months from the day of delivery, you are still entitled to your legal rights in conformity with this contract. Unless specified our products are supplied with a 12 month manufacturers warranty, however after 6 months the responsibility lies with the Customer to evidence that the fault has not occurred through usual wear and tear, the fault has not been caused by the Customer and that the Goods should have lasted longer than they have.
9.11 Our Returns Information should also be read carefully as they form part of these Terms & Conditions.
10. Warranties and Liability
10.1 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.
10.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.Most Goods supplied by the Seller come with a manufacturer's warranty of 12 months.
10.4 We are not responsible for delays outside our control. If our delivery of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not yet received.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- Any liability for indirect or consequential loss or damage and which are not foreseeable by you and us, incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise.
10.5 Insofar as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any Goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the Goods in question. 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 affects your statutory rights 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 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.
12. Notices
All notices given by you to us must be to Style Our Home Ltd Venture Point, Towers Business Park, Rugeley, Staffordshire, WS15 1UZ or [email protected]. 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 paragraph 10. 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.
13. Transfer of Rights and Obligations
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree. However, you may transfer your legal rights to a person who has acquired the product. We may require the person to whom the rights of warranty are transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
Nobody else has any rights under this contract (except someone you pass your rights on to as outlined in 13.2). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.3 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.4 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.
13.5 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.
13.6 Nothing in this clause affects your statutory rights as a consumer.
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:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) 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. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
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 11above.
16. Severability
16.1 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.
16.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
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 We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
18. Complaints
18.1 If, after we have provided a final response to your claim, you are unhappy with the outcome, you can refer your complaint to RetailADR. RetailADR is approved by the CTSI to provide dispute resolution services and an independent view of your complaint under the Alternative Dispute Resolution (ADR) for Consumer Disputes (Competent Authorities and Information) Regulations 2015. You will need to refer your complaint to them within 12 months of receiving this correspondence.
For further information or to submit your complaint to RetailADR please visit www.retailadr.org.uk
Alternatively, your complaint can be addressed to:
RetailADR
12 – 14 Walker Avenue
Stratford Office Village
Wolverton Mill
Milton Keynes
MK12 5TW
Other important terms
19.1 Care, inspection and handling of Goods
In regards to Goods made from wood - wood will exhibit variations in colour, tone and grain pattern and within individual pieces of furniture and between different items of furniture from the same range. This is not a fault but a natural feature of the material. Wood will also transform colour as it ages. Again this is not a fault but part of the natural characteristics of the material.
It is not strange for wooden furniture to crack or split as the timber settles; this happens more frequently with waxed furniture and is completely normal. Excessive heat and drying can cause your wooden furniture to crack or split as wooden furniture will swell in damp conditions and shrink in hot, dry conditions. Unsteady changes in temperature or humidity will cause the moisture within the wood to be affected which causes tension within the material, therefore, changing your thermostat gradually as the seasons change should help to prevent this. We would advise against placement of wooden furniture directly on top of underfloor heating and/or close to radiators and/or, similarly, in a location affected by direct sunlight/natural elements/weather for example, a conservatory or any other natural factors.
Waxed furniture requires regular wax treatments to maintain its appearance. The wax is just a coating on bare wood, and as such the wood will display shiny marks where the wax may have been rubbed. This is natural and unavoidable.
No wooden Goods are stain or heat resistant, though a lacquered product offers slightly better protection.
No refunds will be payable for damage caused by the Customer mishandling or misusing furniture.
We will not be responsible for any damage or defect arising from the Customer moving the furniture from the location it is delivered to a different location.
19.2 Distressed furniture
Customers are required to familiarize themselves with what is commonly understood by the terms ‘distressed finish' and ‘distressed furniture' before ordering such items. These terms mean the Goods will display a variety of imperfections and attenuations to the surfaces; such as flaking or incomplete paintwork, cracked, or lacquer, marks, splits or cracks to the surfaces or any other spots purposely intended to create a worn, aged or re-used appearance.
19.3 Painted furniture
Wood and wood-based furniture has natural inconsistencies in the absorbency of its surfaces. It is unavoidable, therefore, this will result in some colour variations in the finish on production of mass-market painted furniture. There are also variations in colour finishes as represented on the internet due to technical factors, such a lighting of the furniture when photographed or editing of images. Paint is usually only applied to the external surfaces of furniture. Inner surfaces will either be in bare wood or a thin coat.
20. Insolvency of Customer
20.1 This clause applies if:
-The Customer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or
-An encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Customer, or
-The Customer, not being a consumer, ceases, or threatens to cease, to carry on business, or
-The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
20.2 If the clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary
21. Headings
21.1 The headings of the clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
22. Our right to vary these terms and conditions
22.1 We may amend these conditions from time to time. Please check this page from time to time to take notice of any changes we have made.If we have to revise these conditions as they apply to you, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
23. Intellectual property rights
23.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. None of the content of the website may be downloaded, reproduced, transmitted, copied, stored, sold or distributed without the prior written consent of the copyright holder. This excludes downloading, copying and/or printing of pages solely for your personal, non-commercial use. All such rights are reserved.
23.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
23.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
23.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
23.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
23.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
24. Reliance on information posted
24.1 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
25. Our site changes regularly
25.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
26. Information about you and your visits to our site
26.1 We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
27. Transactions concluded through our site
27.1 Contracts for the supply of Goods formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.
28. Viruses, hacking and other offences
28.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
28.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
28.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
29. Linking to our site
29.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
29.2 You must not establish a link from any website that is not owned by you.
29.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
29.4 If you wish to make any use of material on our site other than that set out above, please address your request to [email protected].
30. Links from our site
30.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
31. How we may use your personal information
31.1 We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
31.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
31.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
32. Jurisdiction and applicable law
32.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.