FURNITURE OUTLET VILLAGE LIMITED - TERMS AND CONDITIONS OF SALE

In this agreement Furniture Outlet Village Limited shall be referred to as “we”, “us” or “our” and the persons named in the Customer Order shall be referred to as “you” or “your”. References to "Goods" shall mean the items listed in the "Product Description" set out in the Customer Order. Thank you for choosing to purchase your furniture from us. It is our intention that these terms of sale will form the terms of the agreement between you and us ("Agreement"). We have tried to ensure that this Agreement is written in clear English and it is intended to be fair to both you and to us. If you wish to vary any of these terms please notify us in writing within the Cooling Off Period (described under Cancellation Rights below). We shall consider your request and notify you that we either: (i) accept your amendment; or (ii) we cannot accept your amendment at which point any agreement between us shall immediately terminate and we shall refund any monies you have already paid to us.

1. PRICE AND PAYMENT

1.1 You agree to pay us the Order Amount set out in the Customer Order for the Goods.
1.2 Credit or debit card payments shall be paid as follows.
1.2.1 Where indicated on the website, a deposit of 20% of the Order Amount can be made. This is only applicable on certain goods.
1.2.2 The Balance set out in the Customer Order shall be paid in full at least 2 days before the date of dispatch or 1 day before collection (as may apply). No goods will be delivered until the balance is completely paid in full.
1.3 We regret that we are unable to accept payment by cheque.
1.4 You may be subject to validation checks and/or third party authorisations depending on your method of payment.
1.5 If we do not receive payment as required then we may charge you interest on the unpaid amount at the annual rate of 4% above Barclay’s Bank plc base rate for each day that the money remains outstanding.
1.6 You shall not withhold or reduce the amount payable by you to us under the Agreement on account of any complaint unless such complaint has been notified to us in writing and in any event shall only withhold or reduce the amount payable by a reasonable amount.
1.7 In the unlikely event that an incorrect price is shown on our website we reserve the right to abstain from fulfilling the order at that price. You will of course be notified, and at which point you will be informed of the correct price, and given the choice to proceed with the order. As our buying prices are subject to change periodically we may on occasion be unable to supply at the advertised website price, in this instance we will contact you and inform you of the correct pricing where you will have the option to proceed with the order or cancel the order with a full refund.

2. COLLECTION

2.1 If you choose to collect the Goods from us we will provide you with a collection date when you place your order. If the Goods are not in stock when you place the order, we will give you an approximate collection date and contact you to agree a precise collection date when the Goods become available.
2.2 You will be responsible for collecting and transporting the Goods to their destination on the collection date. Please bring your copy of your Customer Order with you when collecting the Goods from us so that we can release the Goods to you. We are not obliged to release the Goods to you until you have paid the Order Amount in accordance with the payment provisions above. 2.3 It causes us significant difficulties if Goods are not collected on the agreed collection date. If you have not collected the Goods within 7 days of the agreed collection date we shall be entitled to charge you the storage charges (detailed below) which shall be paid on collection.
2.4 If you collect the Goods from us, ownership of the Goods will pass to you when you collect them. It is your responsibility to ensure that the Goods are insured against the risk of damage during transportation to their destination.
2.5 We shall have no liability for any loss caused by delayed collection due to circumstances beyond our control.

3. DELIVERY

3.1 If we agree to deliver the Goods to you, we will give you a delivery date when you place your order. If the Goods are not in stock at the time you place the order, we will give you an approximate delivery date and agree a precise delivery date when the Goods become available.
3.2 Unless we have agreed other arrangements, the Goods will be delivered to you at the address set out in the Customer Details ("Premises").
3.3 We may deliver the Goods to you or we may arrange for the delivery to be performed by one of our subcontractors ("Delivery Personnel").
3.4 We shall have no liability for any loss caused by delayed or non delivery due to circumstances beyond our control.
3.5 We are not obliged to deliver the Goods to the Premises until you have paid the Order Amount in accordance with the payment provisions above.
3.6 Delivery Charges - We will notify you of the delivery charges (based on our current delivery policy) at the time of ordering the Goods.
3.7 Preparation - Please ensure that your Premises are ready to accept delivery of the Goods at the agreed time of delivery. We are not responsible for moving or removing your existing furniture to accommodate the Goods. Please warn us if access to the Premises is restricted.
3.8 Ground floor delivery – For Basic Delivery, the Delivery Personnel are only obliged to deliver the Goods to the front door at ground floor level of the Premises or the shared front entrance at ground floor level of any apartment block if the Premises is a flat. The only exceptions will be for Standard Delivery and Premium Delivery, where our Delivery Personnel will deliver to a room of your choice. For Standard or Premium delivery to flats or apartment blocks it is essential that there is a working service lift that will accommodate the goods for delivery to the floor that your flat or apartment is located on. If no lift is available to properties above 2nd floor level, the customer should alert us of this fact prior to ordering the goods.
3.9 Packaging - You will be responsible for disposing of any packaging, crates etc. unless you have selected our Premium Delivery Service.
3.10 Self Assembly - Please note that the Goods may require assembly. You will be responsible for all self assembly unless you have selected our Premium Delivery Service.
3.11 Accidental Damage - We and our subcontractors/delivery personnel pride ourselves on our delivery service. We always take care when delivering the goods and endeavour to do this competently and efficiently. There are often times when access to the property or room is tight, limited or restricted and therefore the walls, doors or other objects or the goods may get damaged. It is due to this that we cannot accept any liability for accidental damage during the course of delivery.
3.12 Failed Delivery - If we attempt to deliver the Goods and we cannot deliver because:
3.12.1 no-one is available to take delivery of the Goods at the Premises;
3.12.2 the delivery vehicle cannot gain safe access to the vicinity of the Premises;
3.12.3 you ask us to deliver the Goods to a room in the Premises which is above ground floor level and you have selected Basic Delivery.
3.12.4 you ask us to deliver the Goods and the Premises is a flat located above ground floor level in an apartment block and you have selected Basic Delivery or
3.12.5 the Delivery Personnel believe that delivering the Goods may damage the Goods, the Premises or property and you have instructed us not to continue with the delivery, we will return the Goods to our warehouse while alternative delivery arrangements are made. We shall be entitled to charge you for redelivering the Goods at a rearranged time and date and we will impose storage charges while the goods remain in our warehouse if you do not agree to a new delivery date which falls within 7 days of the original delivery date.

4. STORAGE CHARGES

In the circumstances set out above, we have the right to charge you our costs for storing and insuring the Goods for each full day that all or any part of the Goods remain in our possession following the agreed collection date or delivery date (as applicable) at the rate of £7 per day until the actual date of collection or delivery.

5. LIABILITY FOR DEFECTIVE GOODS AND YOUR GUARANTEE

5.1 You will be asked to sign a receipt for the Goods when they are delivered to you or when you collect them from us. By signing the receipt you are confirming that you have inspected the Goods and that you are happy the Goods are correct and there are no obvious faults or defects in the Goods at the time of delivery or collection.
5.2 If you later discover that the Goods are defective, incorrect or damaged, we shall have no liability to you unless you notify us of the problem in writing at our contact address within 72 hours from the date of delivery. Please appreciate that it is hard for us to assess the condition of the Goods at the time of delivery or collection if you do not promptly report any defects or damage to us.
5.3 We (or someone on our behalf) may need to inspect the faulty Goods and we will arrange a mutually convenient time to view them. If the Goods were damaged or defective when we delivered them to you or when you collected them from us we may choose (as we decide) to either (i) arrange for the Goods to be repaired to 'as new' condition, or (ii) collect and replace the damaged or defective Goods at your convenience. If the Goods are found not to be defective or damaged, then we have the right to charge you for any costs we may have incurred in arranging an inspection of the Goods.
5.4 We guarantee to repair or replace (as we decide) any faulty Goods (in materials or workmanship) within 1 year from the date of delivery, as long as you have paid in full for the Goods.
5.5 Please note that our guarantee does not apply where the fault arises from fair wear and tear, failure to follow manufacturer's care instructions, your own negligence or your misuse or alteration of the Goods without our approval. Nothing in this guarantee shall affect your statutory rights.

6.CANCELLATION

6.1 You may cancel your order from the point of placing your order until 7 working days after receipt of your goods ("Cooling Off Period") (online only) by notifying us in writing of your intention to do so, quoting your order no and your postcode. Any goods received that haven’t been cancelled in this way will not be dealt with under the cooling off period. We will then refund any monies you have paid to us. Please note that this does not include ordered non-standard or customised Goods where we have taken steps to manufacture or acquire such Goods or opened mattresses, which can only be returned if unopened and still in full original packaging.
6.2 Where we have supplied goods to you, you must take reasonable care of the goods in your possession pending their return to us. We will accept returned goods with their original packaging and which do not exhibit signs of wear or tear. Flat packed goods must be unassembled. Any use of the delivered goods beyond that necessary to inspect the goods on delivery will invalidate your right to cancel the contract.
6.3 Where we have supplied goods to you, these goods must be returned to our warehouse, Furniture Outlet Village Returns Dept, Unit 19, Montague Road, Speke Approach, Ditton, Nr. Widnes, WA8 8FZ, UK or be available for collection by us at a standard cost of £40 for all orders. The cost of returning goods is non-refundable, and where we collect goods the direct cost of such will be deducted from the refund. Any original cost of delivery will not be refunded as this is a service already carried out on our part.
6.4 Once notice of your cancellation has been received in writing we will make a refund of the contract price to your debit or credit card used to purchase the goods. This will be done within 30 days of the date of cancellation.
6.5 After the Cooling off Period has expired you are not permitted to cancel this Agreement without our permission, except where we have breached the terms of this Agreement.
6.6 If you cancel your order without our permission you shall be liable to pay us an administration fee of £30 and you shall be liable to us for our loss of profit and such other reasonable and foreseeable loss as we may suffer as a result of such cancellation (such as, without limit, reasonable costs incurred by us prior to cancellation and further administration costs) and such damages shall be paid by you upon such cancellation. We shall use reasonable endeavours to reduce any such damages by an amount to reflect any resale, which we are able to achieve as a result of cancellation.
6.7 If we have informed you that the actual delivery date or the actual date of collection has been or is likely to be significantly delayed beyond the agreed delivery or agreed collection date we shall give you the option to withdraw from this Agreement and we shall refund your deposit together with any other monies you have already paid. You will not have a right to withdraw from this Agreement in these circumstances if you have ordered non-standard or customised Goods and we have taken steps to manufacture or acquire such Goods.
6.8 All monies will be refunded within 30 days of cancellation date.

7. CHARACTERISTICS OF THE GOODS

7.1 Due to the qualities of the materials used to manufacture the Goods, minor natural variations may occur between samples, brochures, online pictures, showroom demonstration models and the Goods we deliver to you. In particular, please be aware that:
7.1.1 the shade and texture of any fabrics used in the Goods may vary slightly between each item you order (particularly where they have been manufactured from separate batches of fabric);
7.1.2 certain fabrics (particularly natural fabrics such as wool or cotton) fade naturally through exposure to sunlight;
7.1.3 natural wood will vary in colour, shade and/or grain all of which are characteristic of the material. In time, natural timber will fade through exposure to sunlight;
7.1.4 leather products will exhibit minor variations in colour, grain, texture and may contain minor imperfections which are characteristic of the material. It is normal for leather products to stretch and/or develop scratches in everyday use;
7.1.5 some of our products are intended to appear distressed and will therefore display variations in their appearance; and
7.1.6 the Goods are suitable for use in domestic premises and are not intended to be used for commercial purposes.
7.2 In order to keep your Goods in the best possible condition we advise you to follow the manufacturers care guidelines where supplied with the Goods.
7.3 Sometimes the Goods incorporate feet or casters that are not suitable for use on certain types of floor. Please check with our sales staff or with the manufacturer of your flooring if you have any concerns. You may need to purchase aftermarket products to protect the floor's surface. We will not be responsible for any damage to your floor arising from the use of the Goods except where the Goods are faulty.

8. EXCLUSION OF LIABILITY

8.1 We will only be liable for losses that are foreseeable and caused by our own negligence.
8.2 Nothing in these conditions shall exclude or limit our liability for death or personal injury caused by our negligence, implied terms as to title or our liability for fraudulent misrepresentation nor shall they affect your statutory rights.
8.3 We shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site. We will only be liable for consequential losses within the contemplation of the parties.
8.4 Certain links in this site (typically a banner advert or icon) may lead to sites, which are not under the control of us. When you activate any of these you will leave our site and we have no control over and will accept no responsibility or liability for the material on any site, which is not under the control of us.

9. GENERAL PROVISIONS

9.1 Statutory Rights - If you have any doubts as to your statutory rights in relation to this Agreement please contact your local Trading Standards Department or Citizens Advice Bureau for further information.
9.2 Waivers - Any waiver by us in exercising our rights will not restrict us from exercising any of our rights at a subsequent date.
9.3 Law and Jurisdiction - This contract shall be governed by English Law and shall be subject to the jurisdiction of the Courts of England and Wales save only for contracts that are formed in Scotland which shall be governed by Scottish Law and shall be subject to the jurisdiction of the Courts of Scotland.
9.4 Opting Out of Mailing Lists - By placing an order on our website you will automatically be added to our mailing list. We will only e-mail you periodically with offers from us that we feel may be of interest to you. If you do not want to be included in our mailing list then you can opt out at any time by e-mailing fovonline@btconnect.com. We will not share your e-mail or any personal details with any other third party.

PAS/PAS/62601/120009/15916595.1