1. Definitions
In these Terms and Conditions, the words and expressions below have the following meanings:
- ‘Conditions’ means these terms and conditions.
- ‘Distance Communication’ means purchases made exclusively via telephone, fax, e-mail, mail order and/or on the Homeinteriors4U website
- ‘Product(s)’ means any Homeinteriors4U product(s).
- ‘Made-to-Measure’ means Products such as curtains, blinds, bedspreads and valances made to measurements and specifications provided by you.
- ‘Standard Home Furnishings’ means cushions, lighting, wallpaper, selected mirrors (unless otherwise stated) and excludes Furniture, and Made-to-Measure.
- ‘we’, ‘us’, ‘our’ means Homeinteriors4U
- ‘you’, ‘your’ means the customer.
2. Ownership
The Website is an official website of Homeinteriors4U and the copyright and the database rights are owned by Homeinteriors4U. The Website and all intellectual property rights (including but not limited to rights in the website as a database) in its text, design, graphics, and the selection, organization and arrangement thereof, together with the Homeinteriors4U trademark and all other trademarks, logos and trade names depicted on the Website belong to Homeinteriors4U.
3. Basis of Sale
All orders that you place on the Website will be subject to acceptance in accordance with these terms and conditions.
The following is required to create a contract between you and us:
Please follow the simple onscreen instructions taking you through the process of placing an order on the website. You place the order for your products by pressing "Go to Checkout" on the "Review Your Order page", in doing so you offer to buy the Goods at the prices indicated as well as any applicable delivery charges.
An order acknowledgement email will be sent to you detailing the products you have ordered. Please note that this email is merely an acknowledgement of your order and not an acceptance or confirmation of your order by Homeinteriors4U.
Except for all orders of Made-to-Measure products and fabric, the acceptance of your order and the completion of the contract between you and us will take place on dispatch of the products unless we have notified you that we do not accept your order or you have cancelled it. If you have ordered Made-to-Measure products or fabric the acceptance of your order and the completion of the contract between you and us will occur when you receive a confirmatory letter from us unless we have notified you that we do not accept your order or you have cancelled it. Once we have accepted your order it becomes binding, subject to your rights of cancellation. Non-acceptance of an order by us will occur if: the ordered product is out of stock or unavailable; we identify a pricing or product description error; or we are unable to obtain authorisation for your payment.
We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must: be over 18 years of age; register by providing your real name, phone number, email address, payment details and other requested information; provide a valid delivery address in the United Kingdom; (Please note that PO box numbers, hotels and temporary accommodation addresses are not acceptable); and possess a valid credit or debit card issued by a bank acceptable to us.
4. Licence Restrictions
You acknowledge and agree that the material and content contained on the Website is made available to you for your personal and non-commercial use and that you may only download such material and content for the purpose of using the Website to a single personal computer. Furthermore you acknowledge and agree that any other use of the material and content of the Website is strictly prohibited and you agree that it is strictly prohibited to (or to assist or facilitate any third party to) copy, reproduce, transmit, modify, publish, display, distribute, commercially exploit or create derivative works of material and/or content from the Website without our written permission and is a violation of our intellectual property rights.
5. Orders
- Products have a minimum order value of £10.
- Your order becomes binding as soon as we have accepted it. All orders are subject to availability.
- Made-to-Measure will be made specifically to your order; in accordance with instructions, measurements and specifications you have given us.
- You are responsible for checking and confirming that you are satisfied that all details and aspects of your order are correct and suitable for your requirements, including specifications, measurements, dimensions, product features, access and delivery.
- We reserve the right to refuse to supply any individual or company
6. Returns and Cancellations
- When returning Products, you should return them to us by one of the following methods together with proof of purchase (a receipt or despatch note), unopened, unused and in their original packaging.
Home Furnishings
- For hygiene reasons, pillows and duvets cannot be returned once the protective seal has been opened, unless defective.
- Fabrics cannot be returned or cancelled unless defective.
- Once Products have been assigned or despatched (with the exception of made to measure curtains and fabric), you may return them within 28 days of receipt of delivery by one of the methods below:-
By Post:
- Products should be returned by using the prepaid label enclosed with your order by post to: Returns Department, Homeinteriors4U.
- If you return Products by post, please ensure you include the despatch note and package them properly and securely so that they are not lost or damaged in transit.
Made to Measure
- If you need to amend or cancel your Made-to-Measure Curtain order you may only do so up to 48 hours after you have placed your order by contacting Customer Services
- After 48hours, we reserve the right to charge you for any costs we may incur in relation to your amended or cancelled order. This charge shall not exceed 75% of the value of the Products amended or cancelled.
- Once received, these Products cannot be returned unless inspected and confirmed as defective by a Homeinteriors4U appointed inspector.
Defective Products
- On delivery you are responsible for checking Products carefully, any visible defects must be reported to Customer Services* immediately. We will not accept liability for visible defects not reported within 3 days.
- Subsequently if you believe any of our Products to be of an unsatisfactory quality, please contact Customer Services* immediately and treat the Product with utmost care while your claim is being investigated.
- For Made to Measure Curtains, we reserve the right to inspect issues identified and remedy on site, where appropriate.
7. Delivery
Delivery Services
Standard Parcel Delivery within 5 - 7 days.
- It is your responsibility to provide a secure, attended, delivery address.
- We only deliver Standard Home Furnishings and Made-to-Measure Products to the following UK territories: Mainland UK, Northern Ireland, offshore UK Islands and Channel Islands.
- On Standard Home Furnishings Made-to-Measure Products the minimum standard delivery charge is £7.95 (9.95 Northern Ireland)
- We usually deliver Standard Home Furnishings that are in stock, within five to seven working days of accepting your order, however delivery times are not guaranteed.
- Any dates specified by us for delivery of the Product(s) are intended to be an estimate and time for delivery shall not be made of the essence. If no dates are so specified, delivery shall be within a reasonable time.
- Multiple Product groups may be delivered separately.
- Delivery dates and weeks are not guaranteed and specific times and days cannot be agreed at any time during the order process. Any dates specified by us for delivery of the Product(s) are intended to be an estimate and time for delivery shall not be made of the essence. If no dates are so specified, delivery shall be within a reasonable time.
- We shall not be liable for delays and/or failures in delivery if we cannot gain access to the delivery address on the agreed delivery date or under any other circumstances beyond our reasonable control.
- If you cannot accept the delivery dates offered within three weeks of the original delivery date this may delay your delivery, and storage charges will apply.
Important Delivery & Storage Information
Please note that we will charge you a non-refundable storage fee of £50 per full week in the following circumstances:-
Where we have been unable to make a delivery booking with you within three weeks after the original delivery date of the Products or first booking attempt by Customer Services* (whichever is the later).
8. Risk of Damage in Transit and Property
We carry the risk of loss or damage to the Products until you receive them. The Products will belong to you when you have received them and have paid us in full. Until payment has been made in full we may ask you to return the Products to us at any time. If you return the Products to us for any reason, they will become our property and be at our risk from the time we receive them.
9. Payment Methods
You may pay using Visa, MasterCard, Switch and American Express.
You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
All card payments are processed for you by our credit card acquirers for a 1.5% fee included in the cost of your purchase. The total amount you pay is the same regardless of the payment method.
10. Product use
All of our Products are designed for domestic use. If you intend to use our Products for non-domestic/commercial purposes, please contact Customer Services* as some Products may require different specifications
11. Made-to-Measure
- We rely on the accuracy of your measurements when you place an order(s) for Made-to-Measure Products.
- We will not be liable for any inaccurate measurements provided by you.
- Metric measurements should be provided. If you provide imperial measurements you are responsible for checking that all conversions are accurate. All fabrics are subject to availability.
12. Product Descriptions
- Every effort is made to ensure that the Products we supply correspond as closely as possible to the samples displayed in our shops or shown in our catalogue or online, but there may be variations as natural materials have unique characteristics. No responsibility can be accepted for these variations, which all add to the unique features of our Products including but not limited to the following:
- On fabric the shade may vary slightly from one printing batch to another.
- All measurements are approximate. Please allow +/- 2 cm variance on sizes stated.
- We reserve the right to make any change to the internal specifications of our Products or minor external changes where necessary.
- Please check the features and details of the selected Products shown in our promotional mailers and publications before ordering as these Promotional Products may vary from the Products shown in our own catalogue or website.
13. Prices
- Prices include VAT and exclude delivery charges unless otherwise stated.
- All prices are correct at time of entering but may change due to inadvertent administrative errors or circumstances beyond our control, such as any variations to the rate of VAT.
14. Website Content
We 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 uploaded onto the system. Although we aim 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 you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy. Please note that in the event that an error is identified non-acceptance of an order by us may occur, subject to your statutory rights.
15. Linked Sites
Unless specifically provided, we make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offence caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
16. Amendments to these Terms & Conditions
We reserve the right to amend these terms and conditions at any time. Any such amendments will take effect when posted on the Website and it is your responsibility to read the terms and conditions on each occasion you use the Website and your continued use of the Website shall signify your acceptance to be bound by the latest terms and conditions.
17. Intellectual Property
You recognise and agree that all copyright, database rights, trademarks and all other intellectual property rights in all material and/or content of this Website is the owned by Homeinteriors4U or our licensors and shall remain at all times vested in us or our licensors as expressly authorized by us or our licensors.
18. Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, 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 shopping account and/or your Personal Information.
19. Severance
If any provision contained in these terms and conditions is considered by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not effect the other terms and conditions which shall remain in full force and effect.
20. Liability and Warranties
Nothing in the terms and conditions in any way limits our liability for death or personal injury caused by our negligence or by fraud.
We shall not be liable for any economic losses (including without limitation loss of profits, revenue, business, contracts, management time, data or anticipated savings) nor for any loss of goodwill or reputation nor for any indirect loss whether arising in contract or tort (including negligence) or pre-contractual or other representations (except for fraudulent or negligent misrepresentation) or otherwise even if advised of the probability of such damage or where it was foreseeable. Except in the event of death or personal injury, in no event shall our liability under these terms and conditions exceed the amount paid or payable by you for the Products or Goods. This does not affect your statutory rights as a consumer, nor does it affect your rights of cancellation.
We shall take all reasonable precautions to keep the details of your order and payment secure, except where we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you
21. Data Protection and Privacy
In addition to allowing us to check your creditworthiness and process your orders, the personal data you submit, and our records of your visits to the Site, will be used to monitor and improve our service to you, and for marketing purposes. We may send you, brochures, leaflets and catalogues displaying our products and services, and may telephone you in order to tell you of promotional offers, to discuss account details or for market research.
We will respect the privacy of your personal data, and will comply with all relevant and current data protection legislation. We will not disclose your personal data to anyone, unless required to do so by a court of competent jurisdiction.
If you wish to update or delete your personal information, or if you prefer that we do not email you to tell you of promotional offers. Please contact Customer Services.
We use Cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time. If you do not accept Cookies you will be unable to use this Website.
Please check back frequently to see any updates or changes to our privacy policy.
To proceed with your order, we have to process and store your data, and provide your data to third parties who are directly involved with your order, e.g. our carriers. By placing an order with us, you agree to your data being processed by Homeinteriors4U. If you do not wish to receive information about Homeinteriors4U Products and services, or do not wish us to pass your information to carefully selected companies whose products we believe may be of interest to you please write to us at Homeinteriors4U.
22. Risk and Title
No order is binding on you or Homeinteriors4U until we have accepted it. All title and ownership to the ordered Goods will pass to you from the moment they are dispatched by us to the postal service, or to our carriers, or on payment in full by you of the price of the Goods and any delivery charge (if applicable); and risk will pass on delivery.
23. Assignment
You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party without our written consent. We reserve the right to transfer, assign, novate or subcontract any of our rights or obligations under these terms and conditions or any related contract to any third party.
24. Entire Agreement
You confirm that, in agreeing to accept these terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation.
25. Waiver
A failure by us to exercise or enforce any right conferred upon us by these terms and conditions shall not be deemed to be a waiver of such right or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
26. Dealing as a Business
These terms and conditions only apply if you are dealing with us as a consumer.
27. General
The laws of England and Wales govern these Conditions and all disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.