Terms & Conditions
Welcome to the Flair Furniture Ltd Terms and Conditions page. These apply to the use of this website and all policies and conditions associated with this website. By accessing this website and/or placing an order (including orders made over the phone), you agree to be legally bound by the terms and conditions set out below. You shall not be able to place an order until you have read and agreed to these terms and conditions.
Please ensure to read this page carefully before placing an order. ,Flair Furniture Ltd, at its discretion, may change, modify, and/or remove these terms and conditions at anytime and it is therefore important to read them each time you place an order. Please note that all the terms and conditions outlined in this page are created in accordance with Distance Selling Regulations and do not affect your statuary rights.
COMPANY DETAILS
This website is the property of Flair Furniture Ltd. If you have any questions or queries about any of our policies, please do not hesitate to contact us. The registered address for the company is:
Flair Furniture Ltd,
The Old Sorting Office,
Oldfield Lane,
Heckmondwike,
West Yorkshire,
WF16 0AA.
Flair Furniture Ltd is registered in England and Wales with a Company Registration Number of 7536751
1. Definitions
1.1. "Website" means the website located here or any subsequent URL that may replace it.
1.2. "Buyer" means the person and/or firm and/or company who buys or agrees to buy Good(s) from the Seller.
1.3. "Seller" means Flair Furniture Ltd.
1.4. “Good(s)” are the items purchased by the Buyer via the Website.
1.5. “Supplier” refers to the manufacturer of the Good(s).
1.6. “Product” refers to any purchasable item on the Website.
1.7. "Delivery Date\" is the estimated date that the Good(s) will be delivered to the Buyer.
1.8. "Contract" refers to the legally binding agreement between the Buyer and the Seller for the sale and purchase of Good(s) on the website.
1.9. “Content” means any photographs or text on the Website.
1.10. “Party” or “Parties” refers to the parties in the contract. The parties for the contract are the Buyer and the Seller.
1.11. “Personal Information” refers to any sensitive data obtained from the Buyer.
2. General Terms
2.1. To place an order on the Website, the Buyer must be at least 18 years of age.
2.2. The Seller will treat each order for goods as an offer from the Buyer to purchase the Good(s) subject to these terms and conditions.
2.3. The formation, existence, construction, performance and validity of the Contract shall be governed by English law and the Parties submit to the non-exclusive jurisdiction of the English courts.
2.4. The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a Party to it.
2.5. If any provision of the Contract is found by any court, tribunal, or administrative body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable, or unreasonable it shall to the extent of such illegality, invalidity, voidability, unenforceability, or unreasonable be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect, provided the overall effect of the Contract is more or less the same.
2.6. Failure or delay by the Seller in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
2.7. Any waiver by the Seller of any breach of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
2.8. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lockouts, accidents, war, fire, reduction in or unavailability of power at the Sellers’ / Suppliers’ premises or its manufacturing plant, breakdown of plant machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
2.9. Provided that if any event referred to in clause 2.8. Continues for a period in excess of 50 working days, the Buyer will be entitled to give notice in writing to terminate the contract.
3.0 The contract’s content will be stored. You may store the general terms and conditions and readily look them up. For safety reasons, your order’s data are not available via internet. We keep these data in confidence according to our privacy policy.
3. Damage To Your Computer
3.1. The Seller will try to ensure that the Website is free from viruses or defects. However, they cannot guarantee that use of the Website or any other Websites accessible through it will not cause damage to a computer. It is person/Buyers responsibility to ensure that the right equipment is available to use the Website. Except in the case of negligence on the Sellers part, the Seller will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
4. Website Content
4.1. Any photographs, text or content displayed on the Website have been reproduced by the Seller with the permission of the copyright owner. You may not copy, reproduce, republish, upload, post, transmit, or distribute any form of content from the Website without obtaining permission from the Seller. All trademarks, service marks and trade names are the property of the Seller (or are used with the permission of the trademark owner). Infringement of any copyright or trademarks on this website may lead to legal action against the infringer.
5. Accuracy Of Content
5.1. The quantity and description of the Products shall be set out in the Seller\'s quotation.
5.2. The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller\'s specification.
5.3. Product photographs are for illustrative purposes only, and may not exactly match the product itself.
5.4. Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees. The seller will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the website. Although the seller aims to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment the buyer places an order. The seller cannot guarantee the reliability or accuracy of the information contained within the Website pages.
5.5. Any additional items or illustrations in a product image, such as lighting, curtains, wallpaper and anything else, are used for visual purposes only. None of these items will be included with any order unless otherwise stated.
5.6. Any weights, dimensions and capacities given about the Product(s) are approximate only.
5.7. The Seller, at its discretion, may change any Product price to take account of any increase in Supplier prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the Good(s) is wrong whether or not the order has been confirmed. The Seller will inform the Buyer of the correct price within 24 hours and give the Buyer the opportunity to cancel the contract.
5.8. The Seller, at their discretion, may change the sale price of any listed special offer Product at any given time without notice. If the Buyer has placed an order for a special offer Product, then the Buyer will pay the price that is currently listed on the day that the order is processed by the Seller.
6. Warranties + Liability
6.1. All Good(s) supplied by the Seller and/or Supplier come with a Supplier warranty of at least 12 months, unless otherwise specified and subject to conditions set out below. The Seller shall provide the Buyer with such information as is required to claim under the Supplier’s warranties. The Seller offers no additional warranty options at this time.
6.2. The Seller shall not be liable for any breach of the warranty in clause 6.1. unless:
6.2.1. The Buyer provides written notice of the defect within 72 hours of locating the defect or ought to have discovered the defect;
6.2.2. The Seller is given reasonable opportunity after receiving the Buyer\'s notice of defect to examine the Good(s) in question and the Buyer (if asked by the Seller to do so) shall provide photographic evidence of the defect.
6.3. The Seller shall not be liable for a breach of the warranty in clause 6.2. if:
6.3.1. The Buyer makes further use of such Good(s) after giving notice of the defect to the Seller.
6.3.2. The defect arises as a result of fair wear and tear, wilful damage, negligence, misuse, abnormal working conditions or failure to follow oral or written instructions as to the storage of use of the Good(s).
6.3.3. The Buyer alters or repairs such Good(s) without obtaining permission from the Seller.
6.4. Subject to clause 6.2.:
6.4.1. If any Good(s) are found to be defected, then within 30 days of the Seller examining the defective Good(s), the Seller will:
6.4.1.1. Repair or replace such Good(s) (or the defective part) free of charge.
6.5. If the Seller complies with clause 6.4.:
6.5.1. The Seller shall have no further liability for breach of any warranty in clause 6.1. in respect of such Good(s).
7. Payment
7.1. The Seller accepts most major credit cards including Visa, MasterCard, Delta, and Electron. Cheques, banker\'s drafts are also accepted. Cash payments will not be accepted. When the buyer places an order, the Buyer must provide their exact billing address and telephone number. Incorrect information will cause a delay in processing the order. This delay could be anything up to 5 working days or more. An order will only be processed once the Seller receives full payment from the Buyer. Payment must be made on the date of purchase. Products will not be dispatched for delivery until full payment has been made and the order has been fully processed. The Seller reserves the right to obtain validation of your credit charge or debit card details before accepting the order. The contract is not concluded until full payment is received and the Buyer has received the products.
7.2. In the instance that the Buyer has underpaid and an order has been confirmed, the Buyer must pay the remaining balance due within 72 hours. Failure to do this will result in an additional charge of 6% of the purchased Good(s) total being added to the amount due for the original order.
7.3. In the instance that the Buyer has overpaid and an order has been confirmed, the Seller must refund the overpayment to the buyer within 24 hours where possible.
7.4. If the Seller makes an error in the Confirmation or any invoice or any receipt the Seller will correct that error within 24 hours of being notified by the Buyer.
8. Availibility
8.1. All orders are subject to acceptance and availability.
8.2. If the Good(s) the Buyer has ordered are not available from stock, the Seller will contact the Buyer by e-mail or phone and;
8.3. The Buyer will have the option either to wait until the Good(s) are available from stock or to cancel the order. If the Buyer wishes to cancel, the Seller will reverse the order and no charge will be made.
9. Price
9.1. All Product prices are inclusive of VAT at the current rates and are correct at the time of entering information.
9.2. Wherever it is not possible for the Seller to accept the Buyers order to buy Good(s) of the specification and description at the price indicated, the Seller will advise the Buyer by email, offer to sell the Buyer the Good(s) of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
10. Delivery Charges
10.1. Delivery charges vary according to location and the type of Good(s) ordered in most cases this is free.
11. Delivery
11.1. All Good(s) ordered will be delivered to the address specified by the Buyer
11.2. Good(s) shall be deemed delivered once they are delivered to the address specified by the Buyer
11.3. All deliveries must be signed for by the Buyer or by the person authorised to take delivery of the Good(s).
11.4. Delivery Dates are approximations only. Standard delivery lead time is 1-14 working days although this can take up to 30 working days in rare occasions. Next Day Products can be delivered on a working day of choice (stock permitting). The Seller shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Good(s).
11.5. many deliveries are made by an experienced 2 man delivery service that will leave the Good(s) in your hallway. some of the deliveries are made by a one-man delivery direct to the front door of the Buyers specified delivery address. If asked by the Buyer, The driver(s) may help to take Good(s) inside, but the Seller accepts no liability for any damages that may occur as a result of this.
11.6. The Seller will not remove existing pieces of furniture to help make room for newly delivered products. Likewise, old pieces of furniture will not be taken away unless already agreed with the Seller. The Buyer must take the responsibility to organize the removal and disposal of unwanted furniture.
11.7. The Buyer will become the owner of the Good(s) they have ordered when the Good(s) have been delivered to them. Once Good(s) have been delivered to the Buyer, they will be held at the Buyers own risk and the Seller will not be liable for their loss or destruction.
11.8. If the Buyer fails to accept delivery on the agreed delivery date, the Seller reserves the right to charge the Buyer to cover the cost of the failed delivery. This charge depends on the weight and size of the item.
11.9. We do not accept any blame or liability for customers removing or disposing of old beds or mattresses prior to delivery. We do advise that customers only dispose of old goods after acceptance of the new goods been delivered.
11.10 Deliveries made to business addresses will have the customers authority for anybody in the building to accept goods on the customers behalf. We will accept no responsibility once the goods have been signed for at the requested address.
11.11 If you have any specific delivery requirements prior to ordering Su[email protected] to confirm we can meet your requirements.
11.12 Flair Furniture LTD and our contracted deliverers if requested by the customer will assist the customer in taking the order into the premises, to the appropriate room. However, prior to delivery permission must be sought by Flair Furniture Ltd and if agreed, both Flair Furniture LTD, the contractor and the personnel of Flair Furniture Ltd, the contractor will not accept liability for any damage both to the delivered product and to the customers property, (including all types of fixtures, fittings and building structure), whilst assisting the customer with such a request. The customer must solely take responsibility for this action. Any consequent damage should fall under the customer\'s household insurance.
11.12.1 If Flair Furniture LTD agrees to such a request, there maybe an additional charge. It will be expected that the passageway and the necessary room(s) will have been cleared in order to make way for the order.
11.13 Flair Furniture Ltd/ third party contractors will not assemble any orders even if requested to do so. The assembly of orders is the responsibility of the customer.Preparation for delivery: Customers are advised when accepting goods to have protective sheets available as the goods been delivered may have transferred through a number of warehouses and delivery vehicles. Flair Furniture LTD will not accept any liability for any damaged caused.
11.13 Please be aware for health and safety issues delivery drivers are unable to remove their shoes when delivering products into customers houses. If you need to protect your flooring please make sure an adequate cover has been placed on the floor prior to the delivery driver arriving.
11.14 Please note that deliveries are booked in for a specific day and not a specific time of day. If an order that has been booked in for delivery needs to be cancelled or rearranged, delivery alterations will only be accepted before 12.00pm the day before the agreed day of delivery. Delivery alterations after this time will be subject to rearrangement fee.
12. Damaged Good(s)
12.1. If damaged Good(s) are delivered to the Buyer, then the Buyer is required to do the following;
12.1.1. Notify the Seller of the damage and/or defect(s) within 30 days and;
12.1.2. Take photographic evidence of the damage and/or defect(s) and;
12.1.3. Send the photographic evidence to the Seller via email
12.2. Provided the Buyer has adhered to clauses 12.1.1, 12.1.2 and 12.1.3, the Seller will:
12.2.1. Replace the damaged and/or defected Good(s) within 1-14 working days unless any reasons beyond the control of the buyer prevent this.
13. Cancellation Rights
13.1. The Contract cannot be cancelled if;
13.1.1. any of the Good(s) ordered are custom built or made to order or;
13.1.2. The item must not be used and must be \'as new\'
13.2. If the Buyer wishes to cancel the contract BEFORE the Good(s) have been delivered, then;
13.2.1. The Buyer must inform the Seller that they wish to cancel the contract
13.3 under Distance Selling Regulations, the Buyer has the legal right to cancel the contract within fourteen days of receipt of the Good(s). The Buyer does not need to give the Seller any reason for cancelling the contract nor will the Buyer have to pay any kind of penalty. However, the Buyer must notify the Seller if they wish to cancel the contract which can be exercised in writing or in another durable medium and:
13.3.1. Once the Buyer has notified the Seller that they wish to cancel the contract, any sum debited to the Seller from the Buyers credit and/or debit card will be re-credited to their account as soon as possible and in any event within 14 days of the order PROVIDED THAT the Good(s) in question are returned to the address provided by the Seller and in the same condition they were in when delivered. If the Buyer does not return the Good(s) delivered to them or if the Buyer does not pay the costs of delivery to return the Good(s), the Seller will be entitled to deduct the direct costs of recovering the Good(s) from the amount to be re-credited to the Buyer.
13.4. The Seller reserves the right to cancel the contract if one or more of the Good(s) ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by the Seller from the Supplier(s).
13.5. The Buyer cannot cancel the contract once the Good(s) have been in their possession for more than 14 Days days.
14.0 Flair Furniture Ltd retains the right to investigate any order placed on this website or by phone that it suspects to be fraudulent. Any such order will not be delivered until it is proven that the order is bona fide. Should Flair Furniture Ltd be unable to prove that an order is bona fide or to contact the Buyer then the monies will be refunded to the original payment card used and the order will be cancelled.
For your protection, to ensure that your credit, debit or charge card is not being used fraudulently, we will validate your name, address and other personal information supplied by you during the order process against appropriate third-party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. Please be assured that this is only done to confirm your identity. A credit check is not performed and your credit rating will not be affected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
15.0 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
- Pay later.
- Slice it.
Further information and Klarnas user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
Section 75 - Consumer Protection Act 1974
At Flair Furniture Ltd, trading as BedKingdom, we prioritize the satisfaction and protection of our valued customers. As part of our commitment to ensuring a fair and transparent shopping experience, we adhere to Section 75 of the Consumer Credit Act 1974.
Section 75 of the Consumer Credit Act 1974 provides consumers with legal protection when making purchases using credit cards or other forms of credit agreements. This legislation extends the liability of the credit provider, giving consumers added confidence and security in their transactions.
Here at BedKingdom, we recognize the significance of this protection and aim to outline the terms and conditions associated with Section 75 for our customers' convenience and peace of mind:
1. Eligibility: Section 75 applies to purchases made through a credit agreement where the total amount payable exceeds £100 and does not exceed £30,000. To benefit from this protection, the purchase must be made directly with Flair Furniture Ltd T/A BedKingdom and the payment must be made using a credit card or any other form of credit facility provided by the customer's credit provider.
2. Joint Liability: Section 75 makes the credit provider jointly liable with the retailer for any breach of contract or misrepresentation. This means that in the event of a dispute, customers have the option to hold both the retailer and the credit provider responsible for any issues arising from the purchase.
3. Remedies and Compensation: If the goods or services purchased are faulty, not as described, or fail to meet the consumer's expectations, Section 75 allows the customer to seek redress from either the retailer or the credit provider. This includes the right to request a refund, repair, or replacement of the item, depending on the circumstances.
4. Dispute Resolution: In case of any disagreement or dispute regarding a purchase made through credit, customers are encouraged to contact Flair Furniture Ltd T/A BedKingdom directly. We are committed to resolving any issues promptly and efficiently, ensuring customer satisfaction and compliance with Section 75 regulations.
5. Exceptions: It is important to note that Section 75 protection may not apply to certain types of transactions, such as cash withdrawals, payments made using a debit card, or purchases made through third-party payment processors not directly involving credit agreements. It is recommended to consult with your credit provider for specific details regarding your individual circumstances.
Flair Furniture Ltd T/A BedKingdom aims to comply with all relevant consumer protection laws and regulations, including Section 75 of the Consumer Credit Act 1974. Our commitment to providing high-quality products and excellent customer service extends to ensuring your rights are protected throughout your shopping experience.
If you have any further questions or require clarification regarding Section 75, please feel free to contact our customer service team.