18.1 "You" means the person who buys or agrees to buy Goods from Funky Futon Company Ltd
18.2 "We" "Our" "Us" means Funky Futon Company Ltd
18.3 "Consumer" means any natural person acting for purposes outside his or her business.
18.4 "Goods" means the products you agree to buy from us.
18.5 "Contact Address" means 24, Donisthorpe Street, Hunslet, Leeds, LS10 1PL
18.6 "Working day" means any day except Saturday, Sunday and all Public and Bank holidays.
Terms and Conditions.
1.Funky Futon Company Ltd accepts orders on-line , by telephone (0113) 2945373),or in person at the Funky Futon Company Ltd 24, Donisthorpe Street, Hunslet, Leeds, LS10 1PL. Payment of your order can be by Credit or Debit card, either on-line, by telephone or in person at our premises.
Our procedures regarding orders are as follows :-
2.1 Any order placed with us, whether it be by telephone, e-mail or through our on-line ordering service will be regarded as an offer by you to buy the Goods from us. If your order is accepted you will be sent, either by e-mail, or by post, a written acknowledgment which will confirm the Goods ordered, the price and will give you an order number and at that point a contract will exist between you and us.
2.2 If you order Goods which are to be made to your order, (Bespoke) such as Goods made to your specification or Goods made to measurements supplied by you, you must confirm that specification or measurement to us by e-mail or in writing and we will acknowledge your confirmation. We will rely on this information as being correct. No Goods with a one-off specification or to be manufactured to measurements given by you will be supplied without us receiving your written confirmation. We will accept no liability for Goods which are made to a specification or measurement supplied by you to us and which you later discover is wrong.
2.3 Photographs on our web-site are for illustrative purposes only and may not exactly match the product itself or its colour or the colour of any materials.. Photographs or illustrations do not comprise any contractual warranty on our part and you should not rely on them as an exact representation of the products. All measurements shown on our website are approximate.
3. The right of a consumer to cancel
3.1 Where your order is for Goods made to your specification, as set out in clause 2.2, you have No right to cancel, if we have made the goods
3.2 Apart from those Goods set out in clause 3.1 (Goods made to your bespoke specification). You do have the right to cancel your order in all other cases at any time up to the end of the 14th Working day, from the day after you receive the Goods. You will not need to give a reason for cancelling your order, you have a duty of care for goods and we ask for you to have the goods packaged to the same standard as delivered please do not dispose of packaging until you are totally satisfied. All Sofa-bed Mattresses and Bed Mattresses cannot be used for Sleeping Purposes for Hygiene Reasons.
3.3 To cancel your contract you must notify us by durable media eg letter or e-mail (firstname.lastname@example.org) at the Contact Address.
3.4 If you receive the Goods before you cancel your contract, then you must send the Goods back to our Contact Address at your own costs and risk.
3.5 Once you have notified us that you are cancelling your contract, any sum debited to us from your payment card will be re-credited to your account as soon as possible and in any event within 30 days of your order provided that the Goods in question are returned by you and received by us in the condition they were in when delivered to you.
4. Cancellation by us
4.1 We reserve the right to cancel the contract between us if :
4.1.1 We have insufficient stock to deliver the Goods you have ordered in a reasonable time eg 30days;
4.1.2 The Supplier has ceased trading or no longer has stock at time of order
4.1.3 Orders placed for deliver outside of United Kingdom
4.2 If we do cancel your contract we will notify you by e-mail and will credit your account by any sum debited by us from your payment card as soon as possible, but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. The Goods
We reserve the right to cancel the contract between us if :
We may make any changes in the specification of the Goods which do not materially affect their appearance, quality or performance required to conform to applicable statutory requirements
6.1 The price payable for the Goods shall be as confirmed in the e-mail, fax or post acknowledgment that we send to you, in accordance with the provisions of clause 2.1.All our Prices are inclusive of VAT.
6.2 Payment shall be due on acceptance of the order. If you fail to make payment or if your funds fail to clear, or are later recalled, we may suspend delivery of the Goods until payment is made in full.
7.1 We will deliver the Goods ordered by you to the address for delivery you give to us at the time you make your order. You hereby confirm:
7.1.1 there is adequate access for us to deliver the Goods;
7.1.2 there is adequate space for the Goods where they are to be positioned;
7.1.3 that any existing goods have been removed from the space where the Goods are to be positioned;
7.1.4 We will not move or take away any existing goods or property for the purpose of assembly or installation of the Goods.
7.2 Delivery will be made within 30 days after your order, unless you agree an alternative date with us. Time is not of the essence for delivery and we will not incur any liability for any delay in delivery, however it is caused.
7.3 Delivery charges are set out in our web-site. We do not make deliveries outside of main-land United Kingdom.
7.4 You become the owner of the Goods you have ordered when they have been delivered to you. Once the Goods have been delivered to you, they are held at your risk and we will not be liable for their loss or destruction.
8. Warranties and liability
8.1 All Goods supplied by us come with a manufacturers' warranty of at least 12 months and we will give you such information as is necessary to claim under the manufacturers' warranty. If you need to make a claim you must contact us in the first instance.
8.2 If the Goods we deliver are not what you ordered or are damaged or defective, or the delivery is of an incorrect quantity, we will strive to resolve this problem to your satisfaction
8.3 Funky Futon Company Ltd abides by all United Kingdom Sale of Goods legislation, if our terms conflict in any way we will amend once this has been validated
8.4 If you notify a problem to us under clauses 8.2 , our only obligation will be, at your option : to make good any non-delivery; or short delivery; or to replace or repair any Goods that are damaged or defective; or to refund to you the amount paid by you for the Goods
8.5 If you are dissatisfied with your purchase for a reason set out in clause 8.2 above, you may, within 14 working days of delivery, contact us to arrange collection of the Goods at your cost and risk. Any money which you have paid, will be refunded within 30 days provided that we receive the Goods in the condition they were in at the time of delivery to you. Your account will then be credited with the full purchase price of the Goods. If you paid by credit-card, your credit-card account will be credited accordingly.
8.6 Except where you act as a consumer, all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality, or condition of the Goods, whether implied by statute or common law or otherwise, are excluded to the fullest extent of the law. All Sofa-bed Mattresses and Bed Mattresses cannot be used for Sleeping Purposes for Hygiene Reasons as they cannot be sold to a new customer as unused, only an inspection is agreeable to make sure they meet your expectations is allowable. ( The same as you would test in a Shop is acceptable)
8.7 Save as precluded by law, we will not be liable to you for any consequential loss, damage or expenses, (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question.
8.8 Notwithstanding anything set out above, nothing in these Terms and Conditions is intended to limit any rights that you might have as a consumer under the United Kingdom laws or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
9. Notices and correspondence
All notices and correspondence from you to us must be in writing and sent to Funky Futon Company Ltd Unit 24 Donisthorpe Street Hunslet Leeds LS10 1PL
10. Events beyond our control
We will have no liability to you for any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
11. Exchange of Goods If you wish to exchange Goods for other goods, we will do this subject to a Mutual Agreement in writing
a) the return of the Goods by you at your expense to our Contact Address at 24 Donisthorpe Street, Hunslet, Leeds, LS10 1PL
b) This must be agreed and within the 14 Day Distance Selling Cooling Off Period