Welcome to the Fairway Furniture website terms and conditions for use. Please read them through carefully before using the website or placing an order. They do not affect your statutory rights. Your continued use of this website constitutes your agreement to be bound by these terms and conditions which shall also govern all transactions on the website to the exclusion of any other terms and conditions.
Please note: Only when placing orders via the Fairway Furniture website do the following terms and conditions apply.
Harding & Sons Ltd, trading as Fairway Furniture (“Fairway Furniture”, “we”, or “us”) reserves the right to change these terms and conditions from time to time without notice to you and any changes will take effect on the day they are posted. Any such changes to the terms and conditions will be posted on this section of the website and your continued use of the website constitutes your agreement to be bound by the prevailing terms and conditions.
You will be requested to read and accept these terms and conditions each and every time you place an order. We therefore suggest that you review them whenever you visit this website to ensure that you are familiar with the latest terms and conditions. We also recommend that anyone placing an order through this website prints and retains a copy of the terms and conditions for future reference.
Should you have any queries relating to the terms and conditions set-out below, please contact us on 01752 408941 for further assistance before proceeding.
Buying Products from Fairway Furniture
1.Creation of the Contract
- In order to place an order on the website, you must select an item and follow the instructions.
- During the online sale process, you are able to check and correct any input error in your order up until you click the ‘Submit Order’ button.
- After you have submitted your order, you will receive an automated order acknowledgement e-mail from us. Please note that this e-mail is an acknowledgement that we have received your order through our website and does not constitute acceptance of your order.
- All orders placed online are subject to payment in full at the time you submit the order. Credit and debit card payments will be authorised as part of the sale confirmation process using industry leading secure links. (See the Site Security section for further information.)
- Once payment has been authorised, your order will be processed which includes checking the availability of stock or that the supplier is able to supply the special order goods you have requested. Should items be available from stock, we will arrange for the delivery of the goods to you. Acceptance of your order and the creation of a legally binding contract between us will only occur when we send you a second e-mail which contains confirmation that your order has been processed and an estimated delivery timescale.
- We reserve the right to decline all or part of any order for whatsoever reason (which we need not disclose) and should this occur we will e-mail you with the relevant details.
- If, by mistake, we have under priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we deliver the item to you. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the item at that price.
- We recommend that you retain all e-mails relating to any order placed through this website and the subsequent contract that it creates.
- Full details of your order with us are kept by us for reference.
- Should you have need to query any element of your order in the future, please contact us using the contact details on the Contact Us page.
2. Payment Relating to Website Orders
- If you have chosen to pay by card, payment is processed as part of the online sales transaction. In the event that there is insufficient stock to satisfy your order you will be informed as soon as possible.
- During the online sales process, you will be advised if your payment details cannot be authorised for any reason. We may then request that you pay by another method.
- All prices and charges on this website are quoted in UK pounds. The price you pay for your order is that price which is displayed on the website. Prices include VAT at the prevailing rate unless otherwise stated but exclude delivery charges.
- Delivery charges are calculated as part of the checkout process, based on the value of your order and whether you have selected any additional delivery services, such as ‘Deluxe Delivery’.
- If we discover an error in the price of goods you have ordered, you will be informed as soon as possible. We will then offer you the option to reconfirm your order at the correct price. If for whatever reason we are unable to contact you, we will treat the order as cancelled and you will receive a full refund on the card payment.
3. Security and Payment Clearing
- All credit and debit card payments that are made on our website are protected by a secure connection (see the Site Security page) from industry leading providers.
- This secure connection ensures that your credit and debit card details are encrypted prior to it being transferred to the bank for authorisation.
- By means of additional security, we confirm that no credit or debit card details (including the CV2 number, submitted through our site during the order process are retained by us.
4. Delivery of Your Goods
- Delivery of the goods you have ordered will be made to the address you give us for delivery at the time you place your order.
- We currently only accept orders online for delivery to addresses in Devon, Cornwall, West Somerset and West Dorset.
For delivery to the Isles of Scilly, we will deliver to a nominated shipping agent provided they are within our normal delivery area.
Please contact us via email to firstname.lastname@example.org to make an enquiry prior to placing your order.
- Delivery of your furniture within the time quoted on our website when you place your order is always our aim. If anticipated delivery timescales change, you will be contacted.
- In the event that delivery is delayed due to circumstances beyond our control, then we cannot accept any liability for consequential loss.
We recommend therefore that any furniture being sold or disposed of is retained until we have confirmed a delivery date with you.
- The delivery times quoted on our website are for delivery to postcodes which fall within our regular delivery areas. Should your postcode fall outside these areas, where perhaps due to lower order volumes we do not offer delivery on a weekly basis, times may vary.
- Delivery slots are allocated on a round basis, so when arranging your delivery, we may not be able to offer delivery on the next occasion we are in your area.
You will however be offered a delivery option on the next available date.
- All orders have to be signed for, so you should make provision for a responsible person to act as your agent to sign for the goods should you not be present. If there is no one present when our delivery team arrives, they will leave a card with a contact number for you to call them and arrange a delivery at a future date. Please note that there may be an additional charge for this.
- You become the owner of the goods (and be liable for the loss or destruction of the goods) at the time of delivery, provided that we have received payment in full for the goods.
- The service offered as part of the delivery will depend on the delivery service options selected at the time you placed your order. Please see the Delivery page for further details of what you should expect.
- We do offer a disposal service, for an additional charge, where old furniture may be removed on a like for like basis. Simply tick the box for this service when you place your order online. Our delivery staff retain the right to refuse to take away old furniture should they deem the items required to be taken away to be dangerous or if they are not on a like-for-like basis with new items being delivered.
5. Access to the destination room
- Before placing an order, it is your responsibility to check that the items of furniture will fit through any passages, stairwells, landings and doorways on the way to the destination room. To help make this assessment, we have produced a handy Measuring Guide.
- During the checkout process, you will be requested to confirm that you have checked access thoroughly. Giving such confirmation will affect your right to reject the goods should they not fit into your chosen room.
- If you have measured your property but are still unsure of the suitability of access, please contact your nearest store (see the Store Locator page) who will be happy to provide further assistance.
6. Statutory Cooling Off Period
- For items ordered online (different conditions apply for instore purchases – please contact the store from which you made your purchase), you are entitled to a statutory cooling-off period beginning from the date you place your order and ending 7 working days after you received the goods. Certain goods are exempt from this cooling-off period – i.e. mattresses which have been taken out of their sealed packaging in which it was delivered, and special order or bespoke items ordered.
- To cancel an order within this period, you must inform us in writing during the cooling off period that you are cancelling the contract (e-mails to email@example.com are acceptable). If you have not received the goods at the time of cancellation of the contract, and no delivery processing arrangements have been carried out, we will refund to you all amounts paid by you for the goods in question (including any delivery charges) in the same form of payment originally used for the purchase. This will be done as soon as possible, and no later than 30 days after our cancellation acceptance.
- If you have not received the goods at the time of cancellation of the contract, but we have processed the goods for delivery, and they are already on a vehicle to you, you must not unpack the goods when they are received by you. You are the owner of the goods once they have been delivered to you and you are liable for their loss or destruction. The goods must be returned to us as soon as possible (contact number detailed on the Contact Us page) in the same condition as they were supplied to you. We will refund to you all amounts paid by you for the goods in question, excluding the cost of collection of the goods, in the same form of payment originally used at time of purchase. This will be done as soon as possible, and no later than 30 days after our cancellation acceptance.
- If you have received the goods at the time of cancellation of the contract, the goods must be returned to us as soon as possible (contact number on the Contact Us page). You are the owner of the goods once they have been delivered to you and you are liable for their loss or destruction. The goods must be returned to us as soon as possible. We will refund to you all amounts paid by you for the goods in question, excluding the cost of collection of the goods, in the same form of payment originally used. This will be done as soon as possible, and no later than 30 days after our cancellation acceptance, provided that the goods are returned by you and received by us in the condition that they were in when delivered to you.
- Failure to return the goods to us means we will be entitled to deduct the direct costs of recovering the goods from the amount to be refunded to you.
7. Damaged or Defective Goods supplied by us
- We will make every effort to ensure that the goods you have ordered arrive undamaged and without defect.
If however the goods are found to be either damaged or defective in any way at the time of delivery, you will be given the option to refuse the goods or retain them pending inspection by one of our inspectors.
If damage is discovered after delivery, you must contact us within 3 days of delivery of the goods, as outlined on your copy of the delivery paperwork.
If the goods are damaged, and we are unable to repair the item to normal manufacturing standards, we will order a replacement item in accordance with our guarantee terms (as on the Guarantee page).
If the goods are found to be defective, we will replace the defective item in accordance with our guarantee terms (as on the Guarantee page).
Should we be unable to satisfactorily repair damaged or defective products and be unable to obtain a replacement, the amount of any refund under the guarantee shall be limited to the original purchase price paid for the unsatisfactory merchandise alone and not the whole order value.
The products we sell are designed for normal domestic usage.
Our guarantee does not therefore extend to non-domestic usage or to goods which are taken outside the UK subsequent to purchase.
8. Cancellation of an Order by Us
We reserve the right not to accept any order placed through our website if:
we have insufficient stock to deliver the goods you have ordered in a reasonable timeframe;
we do not deliver to your area (see section 4.2 above);
one or more of the goods ordered was incorrectly described or priced on the website;
the payment transaction is not authorised by our secure payment provider; or
you have not complied with the provisions as laid out within section 12 of these terms and conditions.
If we do cancel your contract as a result of any of the points in paragraph 8.1, we will notify you by e-mail and will refund to you any sum paid by you to us in respect of the contract as soon as possible.
This will be within 30 days of the cancellation of your order. We will not be obliged to offer you any additional compensation for disappointment resulting from being unable to accept the order as originally placed with us.
9. Availability of Products
We will take all reasonable steps to ensure that all products featured to buy on our website are either in stock and available at the time of ordering, or are produced to order with the anticipated lead-time stated within the item description on the site.
Should any item be out of stock when we receive your order, we will notify you and proceed in terms of section 2 of these terms and conditions.
10. Unforeseen Circumstances Affecting a Contract
Not withstanding all other provisions set-out within these terms and conditions, and our desire to provide exceptional customer service, we cannot be held liable for cancellations or variations to contracts that may result from acts of God, terrorism, war, fire, flood, famine, drought, pestilence or any other cause beyond our control.
11. Complaints & Customer Comments
Should you have any reason to be dissatisfied with the service you have received from us, or have a comment to make, then please contact us using the details on the Contact Us page.
Any such request or comment will be dealt with professionally and in a timely manner, and in accordance with our obligations under our guarantee.
Your statutory rights are not affected by making a complaint against us.
12. Contractual Capacity
To be eligible to enter into a contract with us to purchase goods through the Fairway Furniture website, a person must:-
provide the required information including real name, payment details including card address; delivery address if different from the card holders address; e-mail address and telephone number;
be over the age of 18.
If any part of these terms and conditions is unenforceable (including any such provision where we have explicitly excluded our liability to you), the enforceability of any other part of these terms and conditions will not be affected.
These terms and conditions shall be governed by and construed in accordance with English law and you hereby agree to be subject to the jurisdiction of the Courts of England and Wales. All contracts are concluded in the English language.
15.Data Protection and Privacy
Information you provide to us remains confidential. We are committed to protecting your privacy. We have internal controls relating to the access, storage and disclosure of your information and we will only use the information that we collect about you lawfully and in accordance with the Data Protection Act 1998.
When you register with us through this website, we need to obtain your name, postal address and e-mail address. This information is used to allow us to communicate with you about our products and promotions, such as special offers for website visitors and our regular email newsletters.
In order to purchase on the website, we need to know your name, postal address, e-mail address, telephone number, and, if you are paying by card, your debit or credit card number and expiry date. If you would rather not receive electronic and postal information from us, please send an e-mail message to firstname.lastname@example.org with a subject line of ‘Remove Details’.
You have the right, under applicable UK data protection law, to request at any time a copy of the personal data we hold on you.
If any of the information that you have provided to us changes, for example if you change your e-mail or postal address, or if you wish to cancel your registration for services you have signed up to, please let us know the correct details by contacting us by fax, phone or e-mail.
16. Complete Contractual Agreement
Nothing said by any salesperson working for Fairway Furniture should be taken explicitly or by implication as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us through this website.
Other than where fraud or fraudulent misrepresentation is proven, we have no liability for any such representation being untrue or misleading.
You are provided with access to this website in accordance with the conditions set-out below.
You warrant that:
The Personal Information which you are required to provide when you register for any of the services offered on this site are true, accurate, current and complete in all respects; and
You will notify us immediately of any changes to the Personal Information by contacting us via e-mail.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
We may also collect information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code
where your computer is located, the pages of our website that were viewed during your visit, any advertisements you clicked on, and any search terms that you entered on our website. We may collect
this information even if you do not register with us.
You should be aware that this site is being monitored and may capture information about your visit that
will help us improve the quality of service we offer, both online and in our stores. We confirm that any Personal Information which you provide to us (or which is available on public registers) and any information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office.
We use your information only for the following purposes:
To allow us to improve this website and its services to you;
To serve website content and advertisements to you;
To administer this website;
If you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone,
e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
We will not release your Personal Information to any outside company for mailing or marketing purposes. You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information we are entitled do so.
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 by any other person accessing the Website using your shopping account and/or your Personal Information.
We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or 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; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources.
Intellectual Property Rights
The content of this Website is © Fairway Furniture 2009-2011 (or its third party manufacturer licensors). 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 may not copy, reproduce, change, modify, license, transmit or sell any material or content contained herein and you are permitted to use this material only as expressly authorised by us (or our third party manufacturer licensors).
Fairway Furniture takes great care to ensure that it complies with the Pricing Practices Guide published by the Department for Business Enterprise & Regulatory Reform (BERR) in May 2008. Further information about our pricing policy can be found by visiting the Pricing Policy page.
For any online queries, please refer to the Contact Us page.
The registered office of Harding & Sons Ltd (trading as Fairway Furniture) is:
184 Billacombe Road
Telephone: 01752 408941
Fax: 01752 408819
e-mail address: email@example.com
Company Registration Number: 239742
VAT Registration Number: 143 2743 84