This agreement applies as between you, the User of this Website and M.S Furnishings,
the owner of this Website. Your agreement to comply with and be bound by these Terms
and Conditions is deemed to occur upon your first use of the Website. If you do not agree to
be bound by these Terms and Conditions, you should stop using the Website immediately.
The following Terms and Conditions apply only to orders placed via our Website.
No part of this Website is intended to constitute a contractual offer capable of acceptance.
Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur
upon our sending a dispatch email to you indicating that your order has been fulfilled and is
on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment
Information and credentials used by Users to access
Paid Content and / or any communications System on
the Website;
“Carrier” means any third party responsible for transporting
purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video,
software, data compilations and any other form of
information capable of being stored in a computer that
appears on or forms part of this Website;
“Goods” means any products that M.S Furnishings advertises
and / or makes available for sale through this Website;
“M.S Furnishings” Means M.S Furnishings, whose registered office is
situated at 50 Eastbury Road, London Industrial Park, Beckton, London, E6 6LP
.
“Service” means collectively any online facilities, tools, services or
information that M.S Furnishings makes available
through the Website either now or in the future;
“Payment Information” means any details required for the purchase of Goods
from this Website. This includes, but is not limited to,
credit / debit card numbers, bank account numbers and
sort codes;
“Purchase Information” means collectively any orders, invoices, dispatch notes,
receipts or similar that may be in hard copy or electronic
form;
“Premises” Means our place(s) of business located at 50 Eastbury Road, London Industrial Park, Beckton, London, E6 6LP
“System” means any online communications infrastructure that
M.S Furnishings makes available through the Website
either now or in the future. This includes, but is not
limited to, web-based email, message boards, live chat
facilities and email links;
“User” / “Users” means any third party that accesses the Website and is
not employed by M.S Furnishings and acting in the
course of their employment; and
“Website” means the website that you are currently using
(msfurnishings.co.uk) and any sub-domains of this site (e.g.
subdomain. msfurnishings.co.uk) unless expressly excluded by
their own terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an
Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions do not apply to customers buying Goods in the course
of business.
4. International Customers
If Goods are being ordered from outside the United Kingdom, import duties and taxes
may be incurred once your Goods reach their destination. M.S Furnishings is not
responsible for these charges and we undertake to make no calculations or estimates
in this regard. If you are buying internationally, you are advised to contact your local
customs authorities for further details on costs and procedures. As the purchaser of
the Goods, you will also be the importer of record and as such should ensure that
your purchase is in full compliance with the laws of the country into which the Goods
are being imported. Please be aware that Goods may be inspected on arrival at port
for customs purposes and M.S Furnishings cannot guarantee that the packaging
of your Goods will be free of signs of tampering.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all
Content included on the Website, unless uploaded by Users, including, but not
limited to, text, graphics, logos, icons, images, sound clips, video clips, data
compilations, page layout, underlying code and software is the property of
M.S Furnishings, our affiliates or other relevant third parties. By continuing
to use the Website you acknowledge that such material is protected by
applicable United Kingdom and International intellectual property and other
laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any
other fashion re-use material from the Website unless otherwise indicated on
the Website or unless given express written permission to do so by Furniture
Dome Ltd.
6. Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual Property rights including,
but not limited to, Copyright and Trademarks, in product images and
descriptions belong to the manufacturers or distributors of such products as
may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any
other fashion re-use such material unless otherwise indicated on the Website
or unless given express written permission to do so by the relevant
manufacturer or supplier.
7. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of
the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988
apply.
8. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites
are not under the control of M.S Furnishings or that of our affiliates. We assume
no responsibility for the content of such websites and disclaim liability for any and all
forms of loss or damage arising out of the use of them. The inclusion of a link to
another site on this Website does not imply any endorsement of the sites themselves
or of those in control of them.
9. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the
home page of the site msfurnishings.co.uk URL of homepage; msfurnishings.co.uk; without prior permission. Deep
linking (i.e. links to specific pages within the site) requires the express permission of
M.S Furnishings. To find out more please contact us by email at
msfurnishings.sales@gmail.com.
10. Use of Communications Facilities
10.1 When using the enquiry form or any other System on the Website you should
do so in accordance with the following rules:
10.1.1 You must not use obscene or vulgar language;
10.1.2 You must not submit Content that is unlawful or otherwise
objectionable. This includes, but is not limited to, Content that is
abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3 You must not submit Content that is intended to promote or incite
violence;
10.1.4 It is advised that submissions are made using the English language as
we may be unable to respond to enquiries submitted in any other
languages;
10.1.5 The means by which you identify yourself must not violate these Terms
and Conditions or any applicable laws;
10.1.6 You must not impersonate other people, particularly employees and
representatives of M.S Furnishings or our affiliates; and
10.1.7 You must not use our System for unauthorised mass-communication
such as “spam” or “junk mail”.
10.2 You acknowledge that M.S Furnishings reserves the right to monitor any
and all communications made to us or using our System.
10.3 You acknowledge that M.S Furnishings may retain copies of any and all
communications made to us or using our System.
10.4 You acknowledge that any information you send to us through our System or
post on the enquiry form may be modified by us in any way and you hereby
waive your moral right to be identified as the author of such information. Any
restrictions you may wish to place upon our use of such information must be
communicated to us in advance and we reserve the right to reject such terms
and associated information.
11. Accounts
11.1 In order to purchase Goods on this Website and to use the enquiry form
facilities you are required to create an Account which will contain certain
personal details and Payment Information which may vary based upon your
use of the Website as we may not require payment information until you wish
to make a purchase. By continuing to use this Website you represent and
warrant that:
11.1.1 all information you submit is accurate and truthful;
11.1.2 you have permission to submit Payment Information where permission
may be required; and
11.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and
warranty.
11.2 It is recommended that you do not share your Account details, particularly
your username and password. M.S Furnishings accepts no liability for any
losses or damages incurred as a result of your Account details being shared
by you. If you use a shared computer, it is recommended that you do not save
your Account details in your internet browser.
11.3 If you have reason to believe that your Account details have been obtained by
another without consent, you should contact M.S Furnishings immediately
to suspend your Account and cancel any unauthorised purchases that may be
pending. Please be aware that purchases can only be cancelled until they are
dispatched. In the event that an unauthorised purchase is dispatched prior to
your notifying us of the unauthorised nature of the purchase, Furniture Dome
Ltd accepts no liability or responsibility and you should make contact with the
Carrier detailed in the Purchase Information.
11.4 When choosing your username, you are required to adhere to the terms set out
above in Clause 10. Any failure to do so could result in the suspension and/or
deletion of your Account.
12 Payment and Purchase of Products
12.1 You place an order on the Website by selecting an item and following the
instructions.
12.2 You will have an opportunity to check and correct any error made in your order
up until you click the Submit Order button.
12.3 If you are paying by using a credit or debit card, we will first authorise your
credit or debit card payment.
12.4 After you have submitted your order we will send you an order acknowledgment
email. Please note that such email is merely an acknowledgment and does not confirm
acceptance of your order.
12.5 Once payment is made, we will arrange for the delivery of the goods to you.
12.6 We reserve the right to decline all or any part of your order for whatever reason. If we
are forced to do that we will confirm that decision to you.
12.7 If you have chosen to pay by card then once your order is received we will process the
order by referring to the credit or debit card details given by you. In the event that there is not
enough stock to satisfy your order we will inform you as soon as possible. A refund will be
processed through your chosen credit or debit card used for the payment of the order.
12.8 If your order contains any item which is expected to take more than 4 weeks to be
delivered to you, and you have decided to make a deposit by card the balance outstanding
must be paid in full before final delivery is made.
12.9 All prices and charges are given in sterling. The price you pay for your order is that price
which is displayed on the Website. Prices include VAT but exclude delivery charges.
.
13 Termination and Cancellation
13.1 Either M.S Furnishings or you may terminate your Account. If Furniture
Dome Ltd terminates your Account, you will be notified by email and an
explanation for the termination will be provided. Notwithstanding the
foregoing, we reserve the right to terminate without giving reasons.
13.2 If M.S Furnishings terminates your Account, any current or pending
purchases on your Account will be cancelled and will not be dispatched.
13.3 M.S Furnishings reserves the right to cancel purchases without stating
reasons, for any reason prior to processing payment and dispatch.
13.3.1 If purchases are cancelled for any reason prior to dispatch you will be
refunded any monies paid in relation to those purchases.
13.3.2 If you terminate your Account any non-dispatched purchases will be
cancelled and you will be refunded any monies paid in relation to those
purchases.
14 Goods, Pricing and Availability
14.2.1 Whilst every effort has been made to ensure that all graphical
representations and descriptions of Goods available from Furniture
Dome Ltd correspond to the actual Goods, M.S Furnishings is not
responsible for any variations from these descriptions. This does not
exclude our liability for mistakes due to negligence on our part and
refers only to variations of the correct Goods, not different Goods
altogether. Please refer to Clause 15.1 for incorrect Goods.
14.2.2 Where appropriate, you may be required to select the required size,
model, colour, number and other features of the Goods that you are
purchasing.
14.2.3 M.S Furnishings does not represent or warrant that such Goods will
be available. Stock indications are not provided on the Website.
14.2.4 All pricing information on the Website is correct at the time of going
online. M.S Furnishings reserves the right to change prices and
alter or remove any special offers from time to time and as necessary.
14.2.5 In the event that prices are changed during the period between an
order being placed for Goods and M.S Furnishings processing that
order and taking payment, you will be contacted prior to your order
being processed with details of the new price;
14.2.6 All prices on the Website do include VAT. M.S Furnishings VAT
number is 839518687; .
15 Delivery
15.2.1 M.S Furnishings will notify you by way of email when your goods
are to be dispatched to you. The message will contain details of
estimated delivery times in addition to any reasons for a delay in the
delivery of the Goods purchased by you.
15.2.2 If M.S Furnishings receives no communication from you, within 5
days of delivery, regarding any problems with the Goods, you are
deemed to have received the Goods in full working order and with no
problems.
15.2.3 Delivery charges are calculated by us as part of the checkout of your
order process, and are calculated by using the distance between your
delivery address and our nearest distribution centre. If we discover an
error in the price of goods that you have ordered we will let you know
as soon as possible. We will give you the option of reconfirming the
order at the correct price or cancelling the order.
15.2.4 For delivery to the Channel Islands, Isle of Man, Scottish Islands,
Northern Island and the Republic of Ireland where we are able to
obtain quotations, again additional charges will apply.
15.2.5 We will deliver the goods you have ordered to the address you gave us
for delivery at the time you place your order.
15.2.6 We aim to deliver your furniture within the times quoted on our Website
when you place your order. Those are quoted as the estimated time
that we believe we can deliver to you based on stock levels and/or
delivery times from our suppliers. Where multiple items have been
ordered we will try to deliver them all at the same time by the longest
delivery time quoted, unless you request a split delivery. This additional
service will be subject to a further carriage charge. If the circumstances
of your order change we will inform you.
15.2.7 If delivery is delayed due to circumstances beyond our control, then we
cannot accept any liability for consequential loss.
15.2.8 We have limited storage facilities, and will try to deliver your order as
quickly as possible, usually within seven days.
15.2.9 The delivery times quoted on the Website are for delivery to postcodes
which fall within our normal delivery areas of 40 miles radius from our
premises. Should, your postcode fall outside our normal delivery area
the
then delivery times may vary. We will inform you of this when confirming
acceptance of the order.
15.2.10 You will become the owner of the goods (and be liable for their loss
and destruction) at the time of delivery provided that we have received
payment in full from you for the goods.
15.2.11 All deliveries must be signed for. If you are out when the delivery team
arrives, they will leave a card with a contact number for you to call
them and arrange a new delivery date. Please note there may be an
additional charge for this.
16 Returns Policy
M.S Furnishings aims to always provide high quality Goods that are fault free and
undamaged. On occasion however, goods may need to be returned. Returns are
governed by these Terms and Conditions.
16.2.1 If you receive Goods which do not match those that you ordered,
unless accompanied by an explanatory note detailing the changes,
stating reasons for the changes and setting out your options, you
should contact us within 10 days to arrange collection and return.
M.S Furnishings is not responsible for paying shipment costs. You
will be given the option to have the Goods replaced with those ordered
(if available) or to be refunded through the payment method used by
you when purchasing the Goods. Refunds and replacements will be
issued upon our receipt of the returned Goods.
16.2.2 If any Goods you have purchased have faults when they are delivered
to you, you should contact M.S Furnishings within 28 days to
arrange collection and return. M.S Furnishings is not responsible
for paying shipment costs. Goods must be returned in their original
condition with all packaging and documentation. Upon receipt of the
returned Goods, the price of the Goods, as paid by you, will be
refunded to you through the payment method used by you when
purchasing the Goods.
16.2.3 If any Goods develop faults within their warranty period, you are
entitled to a repair or replacement under the terms of that warranty.
16.2.4 If Goods are damaged in transit and the damage is apparent on
delivery, you should sign the delivery note to the effect that the goods
have been damaged. In any event, you should report such damage to
M.S Furnishings within 10 days and arrange collection and return.
M.S Furnishings is not responsible for paying shipment costs. Upon
receipt of the returned Goods, the price of the Goods, as paid by you,
will be refunded to you through the payment method used by you when
purchasing the Goods.
16.2.5 You have a statutory right to a “cooling off” period. This period begins
once your order is complete and ends 7 working days after the Goods
have been delivered. If you change your mind about the goods within
this period, please return them to M.S Furnishings within 7 working
days of receipt. You are responsible for paying shipment costs if Goods
are returned for this reason.
16.2.6 Certain goods are exempt, for instance an item of furniture which has
been taken out of its sealed packaging in which it was delivered or
special order or bespoke items ordered.
16.2.7
16.2.7 You must inform us in writing during the cooling off period that you are
cancelling the order. (Emails are accepted).
16.2.8 If you have not received the goods at the time of cancellation of the
contract, and we have not processed the goods for delivery, we will
refund to you all the monies paid for the goods, including the delivery
charges within 30 days of your cancellation being accepted.
16.2.9 If you have decided to cancel goods after receipt, the goods must be
returned to us as soon as possible. You are the owner of the goods,
once they have been delivered to you, and you are liable for their loss
or destruction.
16.2.10 We will refund to you all the monies paid for the unwanted goods in
question, including the original delivery charge if applicable, and
excluding the cost of collection if that service has been rendered by us.
The refund will be made in full. However, if the returned goods have
not been properly looked after by you with reasonable care, and are
not in the same good condition than they were in when delivered to
you, we reserve the right to pursue a claim against you separately.
16.2.11 If you wish to return Goods to M.S Furnishings for any of the above
reasons, please contact us using the details on https://msfurnishings.co.uk/contact/ to contact
M.S Furnishings to make the appropriate arrangements.
16.2.12 If you wish to return the goods on the basis that you are not satisfied
with the product, we will accept your decision. However, that will be
subject to a fee of 10% of the total charge for the item being paid to us.
Further, you will be responsible for all the cost of returning the item to
us.
16.2.13 We confirm that all products will be checked by us, before being
dispatched to you.
16.2.14 M.S Furnishings reserves the right to exercise discretion with
respect to any returns under these Terms and Conditions. Factors
which may be taken into account in the exercise of this discretion
include, but are not limited to:
16.2.14.1.1 Any use or enjoyment that you may have
already had out of the Goods;
16.2.14.1.2 Any characteristics of the Goods which may
cause them to deteriorate or expire rapidly;
16.2.14.1.3 The fact that the Goods consist of audio or video
recordings or computer software and that the
packaging has been opened;
16.2.14.1.4 Any discounts that may have formed part of the
purchase price of the Goods to reflect any lack of
quality made known to the Customer at the time of
purchase.
Such discretion to be exercised only within the confines of the law.
17 Privacy
17.2.7 Use of the Website is also governed by our Privacy Policy [https://msfurnishings.co.uk/contact/privacy-policy] which is incorporated into these terms
and conditions by this reference. To view the Privacy Policy, please
click on the link above.
17.2.8 [The Website places the following cookies onto your computer or
device. These cookies are used for the purposes described herein.
Full details of the cookies used by the Website and your legal rights
with respect to them are included in our;Privacy Policy [https://msfurnishings.co.uk/contact/privacy-policy. [By accepting these terms and
conditions, you are giving consent to M.S Furnishings to
place cookies on your computer or device. Please read the information
contained in the Privacy Policy prior to acceptance.]
Name of Cookie Name of Provider 1 st / 3 rd Party Purpose
<<File name>> <<insert business name>> <<1st OR 3rd>> <<Insert purpose>>
<<File name>> <<insert business name>> <<1st OR 3rd>> <<Insert purpose>>
<<File name>> <<insert business name>> <<1st OR 3rd>> <<Insert purpose>>
<<File name>> <<insert business name>> <<1st OR 3rd>> <<Insert purpose>>
]
17.2.9 [If you wish to opt-out of our placing cookies onto your computer or
device, please <<insert description of opt-out methods e.g. "check the
alternative acceptance box for these terms and conditions", "adjust
your internet browser's settings to restrict cookies as detailed in your
internet browser's help menu" etc.>> . You may also wish to delete
cookies which have already been placed. For instructions on how to
do this, please consult your internet browser’s help menu.]
18 Disclaimers
18.2.7 M.S Furnishings makes no warranty or representation that the
Website will meet your requirements, that it will be of satisfactory
quality, that it will be fit for a particular purpose, that it will not infringe
the rights of third parties, that it will be compatible with all systems, that
it will be secure and that all information provided will be accurate. We
make no guarantee of any specific results from the use of our Services.
18.2.8 No part of this Website is intended to constitute advice and the Content
of this Website should not be relied upon when making any decisions
or taking any action of any kind.
18.2.9 No part of this Website is intended to constitute a contractual offer
capable of acceptance.
18.2.10 Whilst M.S Furnishings uses reasonable endeavours to ensure that
the Website is secure and free of errors, viruses and other malware, all
Users are advised to take responsibility for their own security, that of
their personal details and their computers.
19 Changes to the Service and these Terms and Conditions
M.S Furnishings reserves the right to change the Website, its Content or these
Terms and Conditions at any time. You will be bound by any changes to the Terms
and Conditions from the first time you use the Website following the changes. If
M.S Furnishings is required to make any changes to Terms and Conditions
relating to sale of Goods by law, these changes will apply automatically to any orders
currently pending in addition to any orders placed by you in the future.
20 Availability of the Website
20.2.7 The Service is provided “as is” and on an “as available” basis. We give
no warranty that the Service will be free of defects and / or faults. To
the maximum extent permitted by the law we provide no warranties
(express or implied) of fitness for a particular purpose, accuracy of
information, compatibility and satisfactory quality.
20.2.8 M.S Furnishings accepts no liability for any disruption or non-
availability of the Website resulting from external causes including, but
not limited to, ISP equipment failure, host equipment failure,
communications network failure, power failure, natural events, acts of
war or legal restrictions and censorship.
21 Limitation of Liability
21.2.7 To the maximum extent permitted by law, M.S Furnishings accepts
no liability for any direct or indirect loss or damage, foreseeable or
otherwise, including any indirect, consequential, special or exemplary
damages arising from the use of the Website or any information
contained therein. Users should be aware that they use the Website
and its Content at their own risk.
21.2.8 Nothing in these Terms and Conditions excludes or restrict our liability
for death or personal injury resulting from any negligence or fraud on
the part of M.S Furnishings.
21.2.9 Nothing in these Terms and Conditions excludes or restricts our liability
for any direct or indirect loss or damage arising out of the incorrect
delivery of Goods or out of reliance on incorrect information included
on the Website.
21.2.10 Whilst every effort has been made to ensure that these Terms and
Conditions adhere strictly with the relevant provisions of the Unfair
Contract Terms Act 1977, in the event that any of these terms are
found to be unlawful, invalid or otherwise unenforceable, that term is to
be deemed severed from these Terms and Conditions and shall not
affect the validity and enforceability of the remaining Terms and
Conditions. This term shall apply only within jurisdictions where a
particular term is illegal.
22 No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or
remedy contained herein, this shall not be construed as a waiver of that right or
remedy.
23 Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior
versions thereof, the provisions of these Terms and Conditions shall prevail unless it
is expressly stated otherwise.
24 Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party.
The agreement created by these Terms and Conditions is between you and M.S Furnishings.
25 Communications
25.2.7 All notices / communications shall be given to us either by post to our
Premises (see address above) or by email to
msfurnishings.sales@gmail.com. Such notice will be deemed received 3
days after posting if sent by first class post, the day of sending if the
email is received in full on a business day and on the next business
day if the email is sent on a weekend or public holiday.
25.2.8 M.S Furnishings may from time to time send you information about
our products and/or services. If you do not wish to receive such
information, please "click on the Unsubscribe button; link in any email which you receive from us."msfurnishings.sales@gmail.com; .
26 Law and Jurisdiction
These Terms and Conditions and the relationship between you and M.S Furnishings shall be governed by and construed in accordance with the Law of England and
Wales and M.S Furnishings and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
