You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Website.
Information about us:
Your status
By placing an order through our Website or in store, you warrant that:
You are legally capable of entering into binding contracts; and
You are at least 18 years old.
How the contract is formed between you and us
Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched or is ready for collection (the Dispatch Confirmation). The contract between us (Contract)
will only be formed when we send you the Dispatch Confirmation.
10% Administrative Fee
Refund Requests: Customers may request a refund for eligible purchases within of the purchase date.
Administrative Fee: A 10% administrative fee will be deducted from the total refundable amount. This fee covers processing and handling costs related to the refund.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
If we are unable to accept your order we will inform you of this by email. This might be because the product is out of stock, due to unexpected limits on our resources or because we are unable to meet a delivery deadline which you have specified.
Consumer rights
Please refer to the latest update on the Consumer Rights Act 2015
Where you are contracting as a consumer, you may cancel the Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price you paid for the Products in accordance with our refunds policy.
To cancel a Contract, you must inform us in writing, by post to DMW Furniture Company, 19-23 Broadway, Ashby High Street, Scunthorpe, North Lincolnshire DN16 2SS or by email to info@dmwfurniture.co.uk You must also return the Product(s) to us at DMW Furniture Company, 19-23 Broadway, Ashby High Street, Scunthorpe, North Lincolnshire, DN16 2SS within 14 days of notifying us in writing that you wish to cancel the contract, in a new and unused condition and in the original packaging, and at your own cost and risk. Your refund will be in full and will be made within 14 days of us receiving the Products. You have a legal obligation to take reasonable care of the Products while they are in your possession.
Please note that you will not have any right to cancel a Contract for the supply of any Bespoke Products which are made specifically to your order, for example products which we have been upholstered in the fabric of your choice or products which have been altered in size, colour or design.
Descriptions and Product Information
We try to show Products on the Website and in our brochure as accurately as possible. Despite this, slight variations may occur. For example the colour of the Product may vary in accordance with fabric batches and image enhancements.
All sizes of Products specified on the Website are approximate only. As most of our Products are hand-made, their actual sizes can be up to 2-3cm larger or smaller than specified on the Website and we ask you to take account of this when carrying out your measurements and/or considering whether to purchase a particular Product.
Pricing and Payment
The price of any Products will be as quoted on our Website, except in cases of obvious error. We reserve the right, in any event, to also cancel and refund any orders we receive which contain Products sold at incorrect prices.
The prices of the Products include UK VAT at the prevailing rate (currently 20%) but exclude delivery costs. Delivery costs are then added to the total amount due as set out in our Delivery Guide based on your geographic location.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
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 Website, 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.
Payment for Products can be made by cheque, BACS transfer, credit or debit card acceptable to us or PayPal.
Communications
Applicable laws require that some of the information or communications we send too you should be in writing. When using our website, 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.
Refunds
When you return a Product to us because you have cancelled the Contract within the statutory fourteen-day cooling-off period, once the item is back with us and has been QC checked, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which we receive the item back from you. In such a case, we will refund the price of the item in full, excluding the cost of delivery. However, you will be responsible for the cost of returning the item to us or us collecting it from you. We are happy to arrange a collection for you, and we shall discuss a collection charge at the time of enquiry.
Items cannot be returned to us because they are unsuitable after the fourteen-day cooling off period referred to above unless we agree or they are faulty. If we agree that an item may be returned, it must be returned in perfect re-saleable condition and in the original packaging and will also be subject to a 25% of the value re-stocking fee. All returned items will be thoroughly QC checked by our internal warehouse staff to ensure that faults reported match faults visible. Our decision on this is final. Such fees will not be payable if the item is faulty.
Mattresses – once the packaging has been opened, for reasons of hygiene, we are unable to refund or exchange them unless they are faulty. If you believe a mattress is faulty, please call us to arrange an inspection or send images to our email address. Our decision will be final.
Bespoke products made specifically for you, either in size, colour and/ or with fabric changes, will NOT be refunded or cancelled unless they are faulty after the initial order has been placed/paid for in full or part. These products are produced specifically for you. If you have any questions or concerns relating to this then please call or email us before placing any orders. Our decision will be final and we hope you understand why we have to highlight this.
Where a product is defective you will be entitled to a full refund within 14 days of delivery of the item to you. After the period of 14 days following delivery of the item to you has expired, you will not be entitled to a full refund unless we have first been given the opportunity to repair and/or replace the item. If we do not repair or replace the item within a reasonable period, or the item is still defective following repair and/or replacement then you can either keep the item and request a reasonable reduction in the price or return the item and be entitled to a full refund.
Liabilities
We warrant to you that any item purchased from us through our website is of satisfactory quality and reasonably fit for all the purposes for which products
of that kind are commonly supplied.
Our liability for losses you suffer because of us breaching the contract is strictly limited to any losses which are a foreseeable consequence of us breaching the contract. Losses are foreseeable where they could be contemplated by you and us at the time the order is accepted by us.
This does not include or limit in any way our liability for death or personal injury caused by our negligence or under section 2(3) of the Consumer Protection Act 1987 or for fraud or fraudulent misrepresentation.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or loss of data however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Events Outside Our Control
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 I Event). No financial compensation will be offered to our customers, in any event, for lateness of goods received to us which are manufactured overseas. Nor will any financial compensation be offered for defective products. We aim to resolve the problem (replace the goods), not financially compensate for defective products.
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.
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at
the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental
authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions
before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and
conditions, unless you notify us to the contrary within thirty days of receipt by you of the Products).
Law and Jurisdiction
Contracts for the purchase of Items through our website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be
subject to the non-exclusive jurisdiction of the courts of England and Wales.
