TERMS AND CONDITIONS
This page contains information on the terms and conditions for purchases from Fenix Furniture. The terms and conditions herein apply to the purchase of any goods and/or products from Fenix Furniture.co.uk. By accessing our website and or/ placing an order you agree to be bound by all of the terms, conditions and policies set out below or within the website. Nothing in these conditions affects your rights as a consumer.
Please read these terms and conditions carefully before placing your order with Fenix Furniture.co.uk. who may at its discretion, change, modify, add or remove these terms and conditions at any time and therefore it is important to read these each time you make a purchase order.
“Buyer” means the person who buys or agrees to buy the products/ Goods from the Seller.
“Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
“Seller” means Fenix Furniture.co.uk
“Delivery date” means the date specified by the Seller when the Products are to be delivered.
“Products” means those goods specified.
“Price” means the price for the Products including delivery, packing and VAT.
“Regulations” refers to The Consumer Contracts Regulations 2014 (“The Buyer’s right to cancel”).
“Tailored” means a product that is non-standard
“Consumer” shall bear the meaning given in Section 12 Unfair Contract Terms Act 1977.
“Contract” refers to any contract between the buyer and Fenix Furniture.co.uk for the sale and purchase of products incorporating these conditions, whether completed electronically through this website or via other means.
“Delivery Place” refers to the delivery address as specified by you, the buyer, in the order.
“Order” refers to your offer, as the buyer, to purchase products that you place with Fenix Furniture.co.uk, whether electronically or via other means.
- Application of conditions
Unless otherwise agreed in writing, these conditions shall apply to the exclusion of any other terms and conditions.
Each order that the buyer places shall be deemed to be an offer by the buyer to purchase products from Fenix Furniture.co.uk, the seller, subject to these conditions.
Each order that the buyer places shall be deemed to be accepted by the seller and will become binding once the seller issues a confirmation to the buyer or, if earlier, the seller delivers the products to the buyer in accordance with the delivery terms and conditions.
If for any reason the seller does not accept the buyer’s order, the seller will advise the buyer as soon as practicable. This will mean that there will be no binding contract between the two parties.
The buyer must ensure that the details that he/she provides the seller are complete and accurate and that he/she provides all the necessary information relating to the supply of the products within sufficient time to enable the seller to perform the contract in accordance with these conditions.
Any typographical or clerical error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the seller shall be subject to correction without any liability on the part of the seller.
If any provision of these conditions is adjudged invalid or unenforceable in whole or part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
If the seller is not able to supply the product and payment has already been made by the buyer, then following agreement between the seller and the buyer, the buyer’s account will be refunded or re-credited with the sum paid by the buyer. The refund will be carried out as soon as possible, in any event, within 30 days of the order. The seller will not be obliged to offer any compensation for disappointment suffered.
- Basis of Sale
Subject to the buyer’s right to cancel the contract, included within clause 13, the seller shall sell and the buyer shall buy the products in accordance with the confirmation. No contract exists between the buyer and seller for the sale of any products until the seller has received, processed and confirmed the order and the Seller has received payment in full, (in cleared funds). Once the Seller does so, there is a legal binding contract between the buyer and seller.
The description of goods shall be set out in writing in the confirmation as given by FenixFurniture.co.uk.
Any items that is not a bed or the specified product in the product description on the web page that appears in any photograph or illustration on the website or in product brochures will not form part of this contract. An example of such items are lamps, bed covers, and in certain instances headboards, (unless mentioned in the product description). Such information is for illustration purposes only and may not comprise part of the products.
Any specifications or advertising issued by the seller and any descriptions or illustrations contained within our website or brochures will not form part of this contract. Such information is by way of guidance or illustration only, and may not bear any relationship with products.
The buyer shall not be entitled to assign the contract or any part of it without prior written consent.
The seller may assign the contract or any part of it to any person, firm or company.
- Price and payment
The contract price for the supply of products shall be as set out in the confirmation. In the event of any increase in the cost to the seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the seller may increase the price payable under the contract upon written notice. If notice of price increase is given by the seller, the buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the seller within seven days of delivery of the notice of price increase to the buyer.
If the seller makes an error in the confirmation or any invoice or any receipt the seller will correct that error within 60 days of being notified of any error.
Payment of the price shall be due on the date of the purchase order. Payment shall be due before the delivery date and time for payment shall be of the essence.
No payment shall be deemed to have been received until the seller has received cleared funds. There will be no delivery until cleared funds have been received.
Payment for the products and any delivery charges can be made by any method shown on the seller’s website at the time the buyer places an order.
- Description of Products
The quantity and description of the products shall be set out in the seller’s confirmation.
The seller may make 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.
Photographs provided on the website are for illustrative purposes only and may not exactly match the product itself.
- Warranties and liabilities
The seller warrants that the products will correspond with their specification at the time of delivery and will be free from defect in quality, material workmanship and condition for a period of 5 years from delivery, unless otherwise specified and subject to conditions set out below.
- The buyer provides written notice of the defect within 7 days of the time the buyer discovers or ought to have discovered the defect; and
- The seller is given reasonable opportunity after receiving the buyer’s notice of defect to examine the products in question at the buyers home or any place the goods in question are, or (if asked by the seller to do so) shall return the products to the address at the seller’s cost for the examination to take place there. If the goods are unavailable for inspection howsoever caused the seller reserves the right to invalidate any claim under the warranty.
The seller shall not be liable for a breach of the warranty in clause 6 if:
- The buyer makes further use of such products after giving notice of the defect to the seller.
- The defect arises as a result of fair wear and tear, wilful damage, negligence, misuse, abnormal working conditions, environmental factors or failure to follow our oral or written instructions as to the storage of use of the products.
- The buyer alters or repairs such products without our written consent; or
- The buyer has not paid the contract price for the products by the payment date.
Subject to clause 6, if any products do not conform with any of the warranty, then within 30 days of us examining the defective products, the seller (at the seller’s option) will either:
- Repair or replace such products (or the defective part) free of charge; or
- Refund the price of such products (or a proportionate part of the price) provided that the buyer delivers up the products for collection (or, if the seller so requests and at the Seller’s expense the buyer return the products or the part of such products which is defective to the seller at the seller’s Address).
If the seller complies with clause 6 the seller shall have no further liability for breach of any warranty in condition 6 in respect of such products. We reserve the right to charge you for any financial loss in respect of customer call outs in the absence of a defect, currently this charge covers onsite labour charged at £50 per hour (Onsite) plus travel costs at £0.50p per mile.
6a. Warranties and liabilities
We guarantee our beds and mattresses will be free from defect for a period of 12 months, any defect found will be replaced or fixed free of charge, this includes labour, materials and transport costs. If service is required during subsequent years, any repair or replacement will be made at Fenix Furniture discretion, at a charge of 20% for each year based on the current price at the time of any warranty claim up to a maximum of 80% for year five. This warranty is valid in Great Britain and Northern Ireland only and is in addition to your statutory rights.
We are only able to deliver online orders to you if you have a permanent address on the UK mainland. We will endeavour to fulfil your order by the date set out in the email by which we confirmed your order. Where this email did not contain such a date we shall endeavour to fulfil your order within thirty (30) days, However it may take Four (4) to Six (6) weeks for all orders – any changes made to the content of your order will have an impact on your delivery date. We may therefore be unable to deliver your goods on your confirmed delivery date should changes occur and if so, a new delivery date will be given. If you are unable, for whatever reason, to take delivery of your order on the confirmed delivery date, we reserve the right to charge you for any subsequent deliveries. You are responsible for providing a safe means of access from the public highway to the place of delivery. If our delivery staff consider that access is unsafe then we will not deliver the goods until safe access is provided. If we are unable to deliver the goods due to there being no safe means of access to the place of delivery we shall be entitled to cancel your order and refund your payments less an administration fee of £100 plus VAT. If we accidentally damage goods in the course of delivery our liability for that damage is limited to the repair or replacement of the goods or the value thereof. The seller will not deliver to addresses outside of mainland United Kingdom.
The products the buyer orders will be delivered to the address specified in the order unless otherwise agreed in writing by the buyer and the seller.
Goods will be deemed to have been delivered once delivered to the specified address as detailed in clause 7 and the seller will not be liable to the buyer for non-delivery of the products. The seller does not need to satisfy itself that the person accepting delivery at the specified address is the buyer (or authorized by the buyer to accept delivery of the goods).
Dates and times quoted for delivery are approximate only. 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 goods.
Generally, where an order contains more than one item all items will be delivered at the same time once all items are available, unless otherwise agreed.
Where a delivery date has been agreed with our carrier but the buyer is not present to receive the delivery, or the buyer cancels the delivery date once it has been agreed, the seller reserves the right to charge the buyer a minimum of £20.00 to cover the cost of the failed/cancelled delivery.
If the products ordered by the buyer are not available or discontinued and the seller is unable to deliver them to the buyer within 60 days (or any other time limit agreed by the parties), the seller shall inform the buyer of this; cancel the contract; and reimburse any sums paid by the buyer (or which has been paid on the buyer’s behalf) under the contract to the person by whom payment was made no later than 30 days after the due date for delivery of the goods under the contract.
Any liability to the seller for the non-delivery of products shall be limited to replacing the products within a reasonable time or issuing a respective credit note/ refund raised for such products.
The quantity or content of any consignment of products as recorded by the seller upon dispatch shall be conclusive evidence of the quantity or content received by the buyer on delivery unless the buyer can provide conclusive evidence proving the contrary.
Time for the delivery shall not be of the essence. The products may be delivered by the seller in advance of the quoted delivery date.
The seller will not be held responsible should the buyer decide to dispose of their existing furniture prior to their delivery. Please ensure that you are completely happy with your purchase before disposing of any of the packaging.
In the event of work undertaken in your property, it is the responsibility of you the customer to ensure a safe environment for any work undertaken. In respect to installation of beds and or mattresses, you must ensure that the allocated space is free of obstruction, such as furniture or any other belongings; we reserve the right to make a charge if you fail to comply.
It is the responsibility of the buyer to ensure that goods are confirmed to be correct in terms of size, colour and any other permutation before signing as received, should goods be received and signed and later reported as incorrect it is the responsibility of the buyer to ensure that the goods are returned in all original packaging in as new condition otherwise the seller will void the return policy. In the case of divans and mattresses these items should be checked before opening the packaging as once opened we are unable to accept returns.
- Acceptance of the Product(s)
Other than where the buyer acts as a consumer, the buyer shall be deemed to have accepted the products 5 working days after delivery to the buyer.
After acceptance the buyer shall not be entitled to reject products which are not in accordance with the contract.
- Risk and title
Risk of damage to or loss of the products shall pass to the buyer upon delivery. If the buyer wrongfully fails to take delivery of the products, then risk of the products shall pass to the buyer at the time when the seller tendered delivery of the products.
Notwithstanding any other provision herein title to the products shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for the products and all other sums which are or which become due to the seller from the buyer on any account.
The seller shall be entitled to recover payment for the products notwithstanding that ownership of any of the products has not passed from the seller.
The buyer may not use or resell the products before ownership has passed.
The buyer grants the seller the licence at any time to enter any premises where the products are or may be stored in order to inspect them, or where right to possession has terminated, to recover them, and to use reasonable force in doing so.
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 of their reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, or act of God.
Provided that if any event referred to in clause 11 continues for a period in excess of 30 days, the buyer will be entitled to give notice in writing to terminate the contract.
Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the seller, addressed to the seller at its address or in the case of notices to the buyer, at the buyer’s address as provided to the seller.
Failure or delay by the Seller in enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
The headings of the clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
Representations – no statement, description, warranty condition or recommendation contained in any price list, advertisement or communication or made verbally by any of the agents or employees of the seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.
Additional costs – the buyer agrees to pay for any loss or extra cost incurred by the seller through the buyers’ instructions or lack of instructions or through failure to delay in taking delivery or through any acts or default on the part of the buyer, its servants, agents or employees.
- Returns policy
Please return your item unused and in original condition (including any fixed labels or tags) with proof of purchase within 30 days, and we’ll give you an exchange or refund, as long as your returned product meets our terms and conditions.
Returning a faulty item
If your product develops a fault within 30 days of purchase, please return with proof of purchase and we’ll exchange or refund it. After 30 days, we’ll repair or replace the product in accordance with the terms of the Consumer Rights Act 2015.
CONSUMER CONTRACTS REGULATIONS 2013
This legislation offers you the following cancellation rights when you buy online or by phone:
You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.
Your right to return or cancel products does not apply to goods that are made to measure, made to your specification and or tailored, this doesn’t affect your statutory rights if goods are faulty or not as described.
If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, address, details of the order you wish to cancel and, where available, your phone number and email address.
You can cancel by email or call us on +447570105170, or email to : firstname.lastname@example.org
If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery if applied to your order
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.
The following products won’t be eligible for exchange or refund (unless faulty or not as described)
- Products received over 30 days ago
- Where a product has been tailored for you, made to your specific measurements, or includes non-standard options
- Products that have hygienic implications – such as bedding, or mattresses that have been removed from packaging and slept on
- Products or packaging in poor condition
- The Buyer’s right of cancellation
In accordance with the regulations the buyer has the right of cancellation within 14 days, To exercise the buyer’s right of cancellation, the buyer must give written notice to the seller by letter or email giving details of the products ordered and (where appropriate) their delivery. Notification by phone is not sufficient. Once the seller has been notified of the cancelling of the contract, the seller will refund or re-credit the buyer within 30 days for any sum that has been paid or debited from the buyer’s credit card for the products minus the initial installation charge plus a dismantle and collection charge. If the buyer does not cancel the contract in accordance with clause 3 the buyer shall be deemed to have accepted the goods (except any manufacturing faults) and will not be liable to return the goods to the seller. If the seller has delivered the products to the buyer but the buyer wants to cancel the contract, as prescribed in clauses outlined in clause 13, the buyer must retain possession of the goods until the cancellation notice has been sent to the seller within the relevant time limit. The products cannot be used. The buyer will be responsible for returning the products to the seller at the buyer’s own cost. The products must be returned to the address in the definitions section. The buyer must take reasonable care to ensure that the products are not damaged in the meantime or in transit and return them in the packaging and condition they were delivered to the buyer. If the returned goods are not received by the seller in the condition in which they were originally delivered; the seller reserves the right to offer only a partial refund to cover the cost of re-listing at a reduced price, or having the product cleaned or repaired. Any offers and or free gifts must be returned, or only a partial refund will be given.
- Proper law of Contract
The contract shall be governed by the law of England and Wales and any dispute, question or remedy however-so arising determined exclusively by the courts of England and Wales.
- Limitation of liability
The seller’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the products.
Nothing in these conditions excludes or limits the liability of the seller for death or personal injury caused by the seller’s negligence or fraudulent misrepresentation.
The seller shall not be liable to the buyer for any indirect or consequential loss or damage (whether for the loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
- Force majeure
Fenix Furniture shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform any of Fenix Furniture obligations relating to the contract, if the delay or failure was due to any cause beyond Fenix Furniture reasonable control including, without limitation:
- Acts of God, fire, explosion, epidemic or flood;
- War or national emergency;
- Riot, civil commotion, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce);
- Restraint or delays affecting carriers or inability or delay in obtaining supplies of adequate suitable materials;
- Import or export regulations or embargoes (including the failure of the Company’s suppliers to obtain any necessary export permits, licences or other authorisations);
- Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
Provided that, if any event referred to in clause 11 continues for a period in excess of 30 days, you shall be entitled to give us notice in writing to terminate the contract.
- Data protection
The seller will take all reasonable precautions to keep the details of the buyer’s order and payment secure but unless the seller is negligent, the seller will not be liable for unauthorized access to information supplied by the buyer.
The clauses of these conditions and each sub clause thereof are several, and if any part of any clause or any sub clause shall be void invalid or unenforceable, then the remainder of such clauses or sub clauses shall nevertheless be valid and enforceable.
- Complaints and disputes
If the buyer has a complaint about the goods or service, the buyer should contact FenixFurniture.co.uk, the seller by
- Electronic e-mail to email@example.com
- Telephone on+447570105170
The seller will try to respond in writing to the buyer’s complaint within 14 working days of receiving it.
Updated 17th January 2020