Terms & Conditions

OVERVIEW

Information concerning the www.home-furniture-uk.co.uk website terms and conditions. These terms and conditions correspond to access of the website and making a purchase on the website. By doing so, you agree to be held accountable by the terms and conditions. They do not affect a person’s statutory rights.

The Spotted Penguin Company (“we” or “us”) reserve the right to change these terms and conditions at any time without prior notice, any and all changes will take effect with immediacy. Changes are to be posted on this section of the website, a person’s continued access to the website constitutes agreement and accountability under the terms and conditions. Reading and accepting these terms and conditions will be requested when making a purchase. We advices the user to review these terms and conditions at their discretion whenever accessing www.home-furniture-uk.co.uk to ensure they are familiar. Printing and retaining these terms and conditions is recommended to all persons.

Before placing an order, if a person has any questions relating to these terms and conditions please contact our team by email at sales@home-furniture-uk.co.uk. Alternatively, call us on 01480 220315 (weekdays, 9:00am - 5:00pm) for further assistance. Please note, calls will be charged at a standard network rate (BT users only, other network charges may vary).

ACCESS

These terms and conditions are provided access to all person’s and any orders placed must be strictly in accordance with these Conditions.

REGISTRATION

You warrant that:

All personal information you are required to provide is true, and accurate in all respects,

You will notify us immediately of any changes to the personal information by contacting our team via e-mail: sales@home-furniture-uk.co.uk ,

You agree not to impersonate or act on behalf or behest of any other person or subsidiary without formal authorisation.

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 of your shopping account and/or personal information.

OUR RIGHTS

We reserve the right to modify or withdraw, temporarily or permanently, this website (or any part thereof) without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.

If you do not agree to any change to the website or the terms and conditions, then you must stop using the website.

THIRD PARTY LINKS

To provide increased value to our users, we may provide links to other websites or resources. By using our website and hence agreeing with the terms and conditions you admit you understand that: We are not responsible for the availability of such external sites or resources; We do not review or endorse and are not responsible or liable for the privacy practices of such websites or the content of such websites - including any advertising, content, products, goods or services on or available from such websites. We are not liable for any damage, loss or offence caused or alleged to be caused by, or in connection with, the reliance on any such advertising, content, products, goods or other materials or services available on external websites or resources.

PRIVACY STATEMENT

We are committed to protecting the security and privacy of all our customers. All personal data we collect is securely stored. This information is never sold to third parties. For our privacy policy see here.

ORDERS

We will take all reasonable care, as is able in our power, to keep the details of your order and payment secure. In the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.

STOCK AND AVAILABILITY

We aim to ensure that product stock and availability details appearing on the website are correct at the time when entered onto the system. Although we aim to keep the website up to date, the information which appears on this website may not always reflect the position at the moment you place an order or contact us about a specific product. We cannot confirm the exact details at a moment in time of any product until an order is accepted or you contact us about a product. We rely on suppliers for the delivery of items. They may not be able to fulfil their delivery commitments to The Spotted Penguin Company, and therefore we may not be able to fulfil our delivery on the stated date. This is unforeseen and we will keep you informed of any delays. We cannot be held responsible for such delays.

CONTRACT CREATION AND ELECTRONIC CONTRACTING

The technical steps required to create the contract between you and us are as follows:
– You place the order for your product(s) on the website by confirming the order at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website.
– We will send to you an order acknowledgement email detailing the products you have ordered.
– As your product is shipped from our store/warehouse we will send you a despatch confirmation email.
– Order acceptance and the completion of the contract between the two parties will finalise on the despatch to you of the products ordered, unless we have notified you that we have not accepted your order, or you have cancelled it.

Denied acceptance of an order may be a result of:
– The product ordered being unavailable from stock.
– Inability to authorise payment.
– A pricing or product description error.
– Invalid eligibility to order, criteria set out in the main Terms & Conditions.

DELIVERY

It is The Spotted Penguin Company’s responsibility to organise delivery for items purchased on the website and items ordered over the phone. We use a trusted high-quality service, including deliveries made by approved suppliers. The Spotted Penguin Company do charge a minimum fee for delivery unless free delivery is specified in the product information and corresponding specific purchase information. Please see our Delivery Information.

CONTRACT CANCELLATION UNDER THE DISTANCE SELLING REGULATIONS

Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right and notify us in writing no longer than 14 working days after the day on which you receive the products.

If you wish to exercise your right to cancel this contract after your order has already been despatched, we will refund the original purchase price and delivery charge, provided that you have notified us in writing no longer than 14 working days after the day on which you receive the Products, and that you have taken reasonable care of the products and not used them. Items should be returned in their original packaging. However, it is your responsibility to return the items to us in excellent condition and fund the cost of doing this. Please follow the procedure set out in our Returns policy.

EXCEPTIONS TO THE RIGHT TO CANCEL

Concerning the supply of goods, unless we have agreed otherwise, you will not have the right to cancel the contract by giving notice of cancellation. This rule is exempt unless they are defective or not made to pre-described specifications. See below:

Goods ordered are to your specification, and/or made to meet your needs, including:

Divan beds with specified drawer combinations

Mattresses

Pillows, mattress protectors & duvets

Upholstered items with fabrics/patterns/feet/cushions options

Made to order furniture

Furniture with options for finishes, handles, design/style and any other options

Any made-to-measure or made-to-order items

Carpets and flooring

In the event of a customer wishing to cancel an order, this being accepted by the company. The Spotted Penguin Company reserves the right to charge an amount to cover their loss in processing the transaction.

Please see our Delivery Information.

UNWANTED PURCHASES OF FURNITURE, LARGE APPLIANCES AND OTHER LARGE GOODS

Please check the dimensions of the delivery address for access (including doors, corridors, stairs and corners) and the proposed location before ordering large pieces of furniture, appliances or other large goods to ensure successful delivery, and to confirm that the product is the right size for your needs.

DESCRIPTION OF PRODUCTS

Each product purchased is sold subject to its product description. Product descriptions layout the product’s specifications and may include additional information on delivery dates and times, warranties, after-sales services and guarantees.

All computer screens vary in colour reproduction and representation, all colours stated on the website are for representation only.

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 entered 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 or delivery time of a product until your order is accepted.

Please also note that not all items shown on the website are available to see in all of the stores, we advise that you contact your local store to check availability prior to travelling.

THE SPOTTED PENGUIN COMPANY GIFT VOUCHERS/GIFT CARDS & PROMOTIONAL DISCOUNTS

The Spotted Penguin Company and auxiliary domain’s gift vouchers/gift cards/giveaway tokens/coupons can only be exchanged for goods within The Spotted Penguin Company stores.

Gift vouchers/gift cards/giveaway tokens/coupons may not be exchanged for cash.

Gift vouchers/gift cards/giveaway tokens/coupons must be redeemed in-store.

INTELLECTUAL PROPERTY AND RIGHT TO USE

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content without express granted authority prior to the event.

COMPLIANCE WITH LAWS

You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website. The website only may be used for lawful purposes and in a lawful manner.

LIMITATION OF LIABILITY

We make no warranties, whether expressed or implied in relation to the accuracy of information on the website. The website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether, in relation to the website, or any transaction that may be conducted on or through the website including, but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the website will meet your requirements, the site or the server are free of viruses or bugs or represents the full functionality, accuracy, or reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.

We will not be liable, with the terms and conditions, for:

– any economic losses (including loss of revenues, profits, contracts, business or anticipated savings)
– any loss of goodwill or reputation
– any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

SEVERANCE

If any part of the terms and conditions shall be deemed unlawful then that provision shall be deemed to be severable from the terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions.

SURVIVAL

Each provision of the terms and conditions shall be construed as separately applying and surviving, even if for any reason one or other of those provisions is held to be invalid in any circumstance.

ENTIRE AGREEMENT

These terms and conditions govern our relationship with you. You confirm that, in agreeing to accept the 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. Your statutory rights are not affected by these terms and conditions.

LAW

The terms and conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

COMPLAINTS

If you have a complaint, please email us at sales@home-furniture-uk.co.uk with the following information:

– Your order number
– The postcode provided for your order
– Your surname
– Any other relevant information