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Factory Gates Limited : Terms and Conditions

These terms and conditions apply to the use of our websites and by accessing the websites  and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website. Before you place an order, if you have any questions relating to these terms and conditions please contact our Customer Service team by e-mail between 9am-7pm .

1.Access

You are provided with access to this Website in accordance with our terms and conditions  and any orders placed by you must be placed strictly in accordance with these Conditions.

 

2.Registration

You warrant that:

  • The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
  • You will notify us immediately of any changes to the Personal Information by contacting our Customer Service Representatives by e-mail, or calling us on 0203 096 6322 between 9am-7pm .

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.

 

3.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 by any other person accessing the Website using your shopping account and/or your Personal Information

 

4.Our Rights

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
  • We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in oursystem’s capabilities.

 

5.Your Personal Information

We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below).

When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect information about where you are on the internet (eg the URL you came from, IP address)  your browser type, and the country is located in, the pages of our website that were viewed during your visit, and anysearch terms that you entered on our website. We may collect this information even if you do not register with us.

We confirm that any Personal Information which you provide to us will be for the purpose of :

  • Processing your orders;
  • For statistical or survey purposes to improve this Website and its services 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.

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.

We useCookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time - if you do not accept Cookies you will be unable to use this Website for shopping purposes, only for browsing and research

 

6. Creation of a contract and electronic contracting

The technical steps required to create the contract between you and us are as follows:

  • You place the order for your products on the Website by pressing the confirm order button 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, or alternatively by one of our customer service agents.
  • We will send to you an order acknowledgement email detailing the products you have ordered.
  • As your product is shipped from our warehouse we will send you a dispatch confirmation email.
  • Completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with our cancellation procedure .

 

7. Special Order Purchases

Products listed as “out of stock” may be purchased by special order in certain circumstances. Our conditions for accepting special order purchases are :

  • The product is available to order on your behalf.
  • You pay a deposit of 50% of the purchase price by bank transfer.
  • You may pay the balance of 50% by bank transfer or credit card when the special order product is in our warehouse.
  • You meet our normal Order acceptance policy.

We will provide reasonable time frames for the expected delivery of special order purchases but cannot guarantee such delivery dates.

For goods ‘made to order’  or “special order” we are not be able to make changes to orders, make a refund or exchange any item. You should only order if you are sure that the item and finish is right for you. You will not be able to change the order after it has been placed. Also you should be careful to check access to your property; delivery is on the basis that you have checked the dimensions of the item and that it fits through all doorways, stairwells and within the area of intended use. We have no liability for items ordered that a customer no longer requires. Once an order has been processed the customer is liable to purchase the items.

We reserve the right not to process the order if :

  • The product you ordered is  unavailable from stock.
  • We are unable to obtain authorisation for your payment.
  • The identification of a pricing or product description error.Where a product’s correct price is less than our stated erroneous price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before issuing an Invoice, or reject your order and notify you of such rejection
  • You not meeting the eligibility to order criteria set out in the main Terms & Conditions.

The contract will be concluded in English.

Special Order resale

As a service to our customers we can endeavour to sell unwanted special orders items through our various sales channels.  This will be on the basis of :

  • Receiving confirmation from the client that we are authorised to resell the unwanted special order item.
  • The customer agreeing that we will endeavour to sell the item at the best we can attain and this may be less (or more) than the original purchase price.
  • Recognition that this will occur in no fixed time frame and is not guaranteed.
  • The customer agrees to the deduction of 15% of the product sale value to cover our marketing ,storageand administration expenses.

The balance of funds from any special order resale will be sent to the same credit card or bank account as the original payment.

 

8. Product Availability and Delivery

Our aim is to deliver your products within the anticipated delivery period quoted on your Order Confirmation. It is quite possible that delivery is delayed due to circumstances  beyond our control (like poor weather for example). In these situations we cannot accept any liability for consequential loss or inconvenience.

Delivery of the products shall take place at the billing address specified by you when placing the order for the products.

If we are not able to gain to the required location, we reserve the right to charge you in respect of  abortive delivery costs. In essence you will have to pay for the product to be delivered a second time.

The customer is obliged to check the number of packages and their condition before accepting delivery and to state the appropriate formal reservations to the carrier and forwarding agent. Therefore, once the Customer has taken delivery of the goods from the carrier/forwarding agent, we will not accept any claim concerning the number or condition of the cartons.

 

9. Your Cancellation rights as per the Consumer Contracts Regulations 2013

Our staff do quality checks  to ensure our furniture is of a high standard before it is delivered to you by our specialist couriers. However, if you find that your purchase is damaged or defective you need to inspect your items immediately upon receipt. Items should be inspected with the delivery team if possible. If your item is damaged in transit  and you are not  able to report this at time of delivery – you need to contact us within 24 hours of receipt, sending photos of any defects.

This legislation offers you the following cancellation rights when you buy online :

• 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 products does not apply to goods made to your specification or special order goods as these cannot be returned.

• If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them. If you fail to fail to comply with this obligation we have the right of action against you for compensation.

• 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 our customer services on 0203 096 6322. 

• 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 (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).

• 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 7 working days  after the day we receive back from you any goods supplied.

Each item purchased is sold subject to its Product Description.

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 tokeep 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 of a Product until your order is accepted in accordance with our Order acceptance policy

 

10. Warranty

One Year Warranty Conditions

Proof of purchase (invoice or paid Order confirmation) must be provided when requesting service under the one year Standard Warranty.

We require any customer requesting service under the Standard Warranty to comply with directions from our customer service team in relation to troubleshooting any issue and facilitating any repair or replacement under these Warranty Terms and Conditions.

The Customer is responsible to inspect all goods received from us upon arrival. In instances where goods have been damaged in transit, the Customer must report this to us within 3 days of receipt of the product. Failure to report physical damage on arrival within 3 days of receipt may result in denial of warranty for physical damage.

Factory Gates Limited reserves the right to replace the Product or relevant part with the same or equivalent Product or part, rather than repair it. Where a replacement is provided, we will determine, in its discretion, the closest Product within the then current range of Products offered by the company with which to replace the faulty or damaged Product.

If we are unable to repair or replace the Product, the customer will be provided with a credit or  refund of the price of the Product . This credit or refund will be for the amount of the purchase price of the Product excluding the associated Delivery Cost.

 Where we authorise warranty service of a Product, Factory Gates will organise for Our authorised courier to pick up the Product during business hours (between 9am and 5pm, Monday to Friday) and deliver it to our warehouse  provided that the Product is safely and securely packaged for safe transport. In this situation we will cover the cost of transport of the serviced Product to and from the Customer. 

 

11. General

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 and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. 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.

 

12. Limitation of liability

While we will use all reasonable effort  to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. 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 express or implied, 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 or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, 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.

To the fullest extent permissible under law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

  • any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  • any loss of goodwill or reputation; or
  • 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.

 

13. Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

 

14. Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

 

15. Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

 

16. Entire agreement

These terms and Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Factory Gates Limited  and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these 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. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

 

17. Law

The 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.

 

18. Contact

For any queries regarding our service, please contact us via email, phone or post 

 

19. Refund Policy

Under Consumer Contracts Regulations 2013, if you buy online or by phone, your consumer rights entitle you to a full refund if you request one in writing within 14 working days of receipt. This includes any delivery charge.

 

20. Terms & conditions

  • If you're unhappy with your purchase, please let us know. Unless faulty, we'd like this to be within 10 days of purchase.
  • If you return your item to our warehouse and you'd like a refund we will refund the original debit, credit or charge cardor payment method  used to purchase the item. We will not make any other form of refund.
  • It's important that any unwanted item, unless faulty, is returned in a re-saleable condition. We would expect this to mean that you've kept all original packaging and labels, and that it's undamaged and unused.
  • We'll refund any delivery charges you've paid if you return an entire order .