Please read these Terms & Conditions carefully before using this website, which is operated by No44 Furniture & Fine Things, 44 Portsmouth Road, Cobham, Surrey KT11 1HY.
These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.
Before you place an order, if you have any questions relating to these terms and conditions please contact our customer services team at firstname.lastname@example.org or on 01932 865505
‘Conditions’ means these terms and conditions. ‘Product’ means a product displayed for sale on the Website. ‘Website’ means the website located at www.no44.furniture or any subsequent URL which may replace either of them.
Use of Website
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and complete and that you will notify us of any changes.
You agree fully to indemnify, defend and hold us, our officers, directors, employees, agents and suppliers, harmless from and against all claims, liability, damages, losses, costs and expenses, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your account or personal information.
We reserve the right to: 1. modify or withdraw this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or 2. change the Conditions from time to time, and your continued use of the Website or any part of it following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Purchase of Products
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
The technical steps required to create the contract between you and us are as follows:
- You place the order for your products on the Website by [pressing the confirm order button at the end of the checkout process]. You will be guided through the process of placing an order by a series of simple instructions on the Website
- We will send you an order acknowledgement e-mail detailing the products you have ordered. This is not an order confirmation or order acceptance from No44 Furniture & Fine Things.
- As your order is despatched we will send you a despatch confirmation e-mail.
- Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products.
The contract will be concluded in English.
Returns and refund policy
We hope you’ll be pleased with your purchase. Should you wish to return anything bought from us, we’ll be happy to refund or exchange a product provided it’s in fully resaleable condition. Returns should be notified to us within 48 hours of purchase. Please see below for exceptions to this policy.
If the product returned is not in fully resaleable condition, we reserve the right to refuse a refund on the item, or deduct up to 20% of the original selling price from the refund amount. This does not affect your statutory rights.
Refunds can only be made to the original card of purchase. Refunds to a card other than the original can only be processed under the following circumstances:
- the original account no longer exists
- the original account details have expired
- the recipient requires a credit
We are unable to offer a refund or exchange on made-to-measure products unless they are faulty.
We’ll refund any delivery charge you’ve paid if a product is damaged, faulty or incorrect but not otherwise. We’ll refund the price of the item to the purchaser or exchange the product once it’s received by us.*
Cancellation of made-to-measure products
Should you wish to cancel your made-to-measure product for any reason, it’s highly unlikely that we could sell it to another customer at full selling price. We therefore reserve the right to charge a cancellation fee of up to 50% of the full selling price once we have started to manufacture the product. In respect of these products our usual refund policy does not apply, and products cannot be returned or exchanged unless faulty.*
*None of the above affects your statutory rights when goods are faulty or not as described. For your rights of cancellation under the Consumer Protection Distance Selling Regulations please see below.
Contract cancellation under the Distance Selling Regulations (‘DSR’)
You are entitled to cancel this contract under the DSR if you wish, provided that you exercise your right and notify us in writing or other durable medium (eg e-mail) no longer than 7 working days after the day on which you receive the Products. If you have exercised your right in accordance with these conditions and your order has already been despatched, we will refund the original purchase price and delivery charge.
Please note that you do not have a right to cancel this contract under the DSR if you are contracting as a business, or if you have previously inspected the Products. Furthermore, your right to return Products does NOT apply to goods made to your specification.
Description of Products
We will take all reasonable care to ensure that all details regarding Products appearing on the Website are correct at the time when the information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product descriptions appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our order acceptance policy.
You acknowledge and agree that all copyright, trademarks and other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of information we place on the Website, we make no warranties, whether express or implied, in relation to its accuracy.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
We will not be liable in contract, tort, pre-contract or other representations (other than fraudulent or negligent misrepresentation) or otherwise in connection with the Conditions for any economic loss, any loss of goodwill or reputation, or any special or indirect losses arising out of or in connection with the provisions of any matter under the Conditions.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your rights under the DSR.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.
If any part of the Conditions is deemed unlawful, void or otherwise unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. You confirm that, in agreeing to these Conditions, you have not relied on any representation save to the extent that it has expressly been made a term of these Conditions. Your statutory rights are not affected by these Conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.