Terms and Conditions
The Sale of Goods
Please make sure that you understand these Terms before ordering any Goods from the website and note that we may revise these Terms from time to time. By ordering any Goods, You agree to be bound by these Terms and other documents expressly referred to in them at that time.
Descriptions of Goods
All prices are inclusive of any VAT. Our Goods are sold subject to its description and any Special Terms applicable to that particular item of Goods. All images on the Website are for illustrative purposes only and the Goods may vary slightly from those images. We take care to ensure that all details, description and prices of Goods appearing on the website are correct except that, the measurements of all Goods are approximate. Although we aim to keep the website as up to date as possible, the details, description and price of the Goods appearing on this Website at a particular time may not always reflect the accurate position when you place an order and we can’t confirm the price until we accept your order.
Measurements of Goods
We accept no liability arising from any inaccuracy in the measurements set out in the description of any Goods and you are responsible for ensuring:
there is adequate access to Your premises for Us to provide delivery of the Goods ordered;
the Goods’ ordered will freely pass through into the room of Your choice, if You are in any doubt please contact us to arrange a site visit by Our representative before Ordering the Goods on Our Website; and
the suitability of the Goods’ ordered for Your chosen location and purpose.
Orders for Goods
A contract for the sale of Goods by Us to You forms as follows:
You make an offer for the Goods by pressing the confirm button at the end of the order process. This must be accompanied by a deposit of 20% (twenty per cent) of the total price of the ordered Goods (the ‘Deposit’) (including the delivery charge). Authority for payment of the Deposit must be given when You place Your order.
We will send you an automated order acknowledgment confirming the details but we have not accepted your order just yet. All Goods shown on the Website are subject to availability but we will inform you as soon as possible if the Goods that you ordered are unavailable;
We will accept your order by sending you an email (the ‘Confirmation’) at which point a contract is formed;
When the Goods become available We will contact you to arrange delivery of the Goods and to take payment of the outstanding balance due to Us. Any balance can be settled by cash (only accepted in store), Switch/Maestro, Solo, Visa Debit, Visa Electron, Visa or Mastercard or direct credit to our bank (see the order acknowledgement for bank account details). Any outstanding payments not covered by a credit agreement must be received by Us in full prior to dispatch of the Goods.
We will take reasonable care to keep details of your order and payment secure, but in the absence of our negligence we can’t be held liable for your losses if a third party gains unauthorised access to any data you provided.
There are a lot of things on the website and some of them may be incorrectly priced. If we find the price of the Goods you ordered are wrong we will inform you and give you the option of continuing to purchase them at the correct price or cancelling your order. We will not process your order without your instructions and if we can’t get hold of you we will notify you the order is treated as cancelled. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we don’t have to provide the Goods to you at the incorrect (lower) price.
Delivery charges may be payable and the amount will depend on the location of the delivery address but We will let you know how much this is before the order is placed. Delivery will be made to the main entrance of this address which must be the same address as the cardholder’s address if paid by credit or debit card.
We will try and deliver the Goods within 28 days of them being available for delivery and to deliver in the agreed time slot (am or pm) but time of delivery shall not be of the essence and for the avoidance of doubt we shall not be liable for any loss or damage suffered by You arising due to delay in delivery or non-delivery of the Goods. If our delivery staff consider the means of access is unsafe We will not deliver the Goods until they are satisfied that access is safe. We are not responsible if doors or windows need to be removed or there are any additional costs of delivery. You must provide any required parking permits in advance and shall indemnify us for any parking costs or fines incurred whilst unloading the Goods at the delivery address.
If the delivery address details are incorrect you must notify us within 3 working days of the date of the Confirmation. However these details may not be changed if payment was made by credit or debit card over the internet or by phone. Please note that We deliver Goods only to specified regions within mainland England and Wales. If the corrected address is not within these regions we may terminate the contract and shall not be liable to you for any direct or indirect losses arising out of termination of the contract.
If we are invited to place the Goods in position in the delivery address We will do so as a your invitee and save where damage results from our negligence We will not be liable for any damage to your property or that of others occurring in the course of delivery of the Goods to you. You (or your adult representative) must inspect all Goods on delivery and sign a delivery note to confirm the delivery and inspection of the Goods. Refusal to sign may be treated as refusal to take delivery of the Goods being delivered.
We may deliver the Goods by separate instalments and will notify You on delivery of the first instalment that a further instalment is required. If You are unable, for whatever reason to take delivery of the Goods on the agreed delivery date for any reason, there might be extra costs payable in advance of any further attempted deliveries. We will store your Goods free of charge for a maximum of 28 days from the Goods being available for delivery or from our first attempt at delivery (whichever is the latest), but thereafter reserve the right to charge you a fee until delivery.
Termination of the Order
We may terminate an order placed by you for Goods if:
the Goods are discontinued or unavailable from stock; or
we are unable to obtain authorisation from your bank or credit card company for payment of the Deposit for the Goods or any other sums under these Terms; or
We identify a pricing error; or
You fail within 14 days of being notified that the outstanding balance is due to us to either pay for the Goods in full or to enter into a credit agreement with us.
If we are unable to supply any Goods, we are not liable to you but we will ensure that your Deposit for the particular Goods is refunded and that you are not subsequently charged for the particular Goods unless it is your fault that we cannot supply the particular Goods.
Cancellation of Orders by You prior to Receipt of the Goods
If you change your mind we may only accept notice of cancellations of orders for Bespoke Goods if you notify us in writing before the earlier of 7 days from the Confirmation or confirmation that Bespoke Goods are available for delivery and we’re able to cancel the order with Our suppliers without incurring a fee exceeding the Deposit You paid. If we accept your notice without incurring any fees with our suppliers we’ll refund your Deposit for the Bespoke Goods within 30 days of receipt of the notice less the fees which we incur with our suppliers.
If you change your mind, we’ll accept notice of cancellation of an order for Express Goods prior to you receiving them if you notify us in writing and you‘ll be entitled to received a full refund of any payment you made which we’ll make within 14 days of notifying us of your cancellation in writing.
Cancellation of Contracts by You following Receipt of the Goods
If you change your mind we won’t accept any notice of cancellation of orders for Bespoke Goods once you’ve received them.
We hope that you’ll be happy with Your Express Goods but if you want to cancel a contract for Express Goods for any reason you have the right to do so within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Express Goods (or if the Express Goods are being delivered in separate lots or pieces, physical possession of the last lot or piece of Express Goods).
To exercise the right to cancel, you must inform Stokers Limited at 277 Wennington Road, Southport, Merseyside, PR9 7TW of your decision to cancel this contract by a clear statement by a written letter sent by post.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you do cancel this contract, you’re entitled to receive a full refund and we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
If you do make a cancellation you must following such cancellation keep the Express Goods in your possession and take good care of them. We will make a deduction from the reimbursement for loss in value of any Express Goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay and not later than:
14 days after the day we receive back from you any Express Goods supplied; or
(if earlier) 14 days after the day you provide evidence that you have returned the Express Goods; or
if there were no Express Goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Express Goods back or you have supplied evidence of having sent back the Express Goods, whichever is the earliest.
You shall return the Express Goods to Us at Three Ems Road Hereford HR4 0SQ in their original condition in secure packaging without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the Express Goods before the period of 14 days has expired.
You’re responsible for the direct costs of returning Express Goods to us unless they are defective or not what you ordered. The cost is estimated at a maximum of approximately £200.
For hygiene reasons mattresses, pillows and duvets cannot be returned once the protective seal has been opened, unless the Express Goods are faulty or not what you ordered. This does not affect your warranty rights.
Goods that You Did Not Order, Defective Goods & Warranty
Without prejudice to Your rights as a consumer under the CRA, such other applicable consumer legislation from time to time or Our warranty below, if the Goods are damaged or defective, then You must inspect them upon receipt and sign for them designating their condition as such. We provide a warranty that on delivery and for a period of 24 months from delivery, all Goods shall be free from material defects. Furthermore, We also provide a warranty that on delivery and for a period of 10 years from delivery, all frames, springs and webbings on sofas and lounge chairs shall be free from material defects.
This warranty is provided in addition to and does not affect any rights that You may have as a consumer in relation to Goods that are faulty or not as described. The warranty does not apply to any defect in the Goods:
arising from fair wear and tear wilful damage, abnormal storage or working conditions, accident, negligence by You or by any third party;
if You fail to operate or use the Goods in accordance with the user instructions;
any alteration or repair by You or by a third party who is not one of Our authorised repairers;
any specification provided by You; or
any defects which were apparent upon delivery and which You failed to notify Us as set out above.
Pending Our agreement with Your assertion following inspection of the Goods, We shall, to the extent that such direction is not impossible or disproportionate as compared to the other available remedies in accordance with the CRA, comply with Your direction to reject the Goods or request that We repair the Goods or issue a replacement in accordance with the CRA.
If You exercise Your final right to reject the Goods under the CRA, any refund which We grant to You may in certain circumstances be reduced by a deduction for use of those Goods. If You exercise such right to reject:
after 6 months but within 1 year (for the purposes of the CRA), then We shall be entitled to apply a 30% deduction to any refund; or
within 2 years but later than 1 year (for the purposes of the CRA), then We shall be entitled to apply a 50% deduction to any refund; or
within 3 years but later than 2 years (for the purposes of the CRA), then We shall be entitled to apply a 60% deduction to any refund; or
thereafter We shall apply a further deduction to any refund on top of that set out in (3) above of 10% for each additional 1 year period up to a maximum discount of 90%.
Conditions of Our Liability
We’re not liable for any defect in the Goods because of your drawings, designs or specification.
We are under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions, misuse or alteration or repair of the Goods without our approval or if the Goods are not paid for in full. If we can pass a manufacturer’s warranty on to you we will.
All warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Except in respect of death or personal injury caused by our negligence, and subject to your statutory rights We will not be liable for any representation (unless fraudulent), implied warranty, condition or other term, or legal duty for losses suffered by you whether indirect, special or consequential arising out of or in connection with the supply of the Goods and our entire liability under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Terms.
The risk in the Goods passes to you on delivery of the Goods to You or delivery of the Goods to any carrier acting on your behalf but title to the Goods shall not pass to you until the price of the Goods ordered is received by us in full.
Complaints and ADR
In the event that You have a complaint then please contact Customer Service Manager Stokers Limited 277 Wennington Road Southport PR9 7TW and We shall deal with Your complaint in line with Our complaints procedure (a copy of which is available on request).
ADR is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If You are not happy with how We have handled any complaint, You may want to contact an ADR provider, with a list of the approved ADR providers accessible via: HYPERLINK "http://www.tradingstandards.uk/advice/ADRApprovedBodies.cfm" http://www.tradingstandards.uk/advice/ADRApprovedBodies.cfm. If you intend to contact an ADR provider please let Us know and We shall inform You whether or not We intend to use that scheme.
As a consumer trading with Us online however, You are also entitled to resort to the European Commission’s online dispute resolution procedure which can be accessed via: http://ec.europa.eu/consumers/odr/.
The website contains things from other websites or resources and while we try to be the best we make no promises in relation to that content. If we’re told that something is wrong We will try and sort it out as soon as possible. We can’t make promises that everything on the website will be up to date or accurate. Where possible, we and those connected to us hereby expressly exclude all things which might be implied by the law and any liability for any direct, indirect or consequential loss or damage of any kind and however it happens incurred by any user in connection with the use or inability to use the website. Clearly this does not affect our liability for death or personal injury arising from our negligence, nor any other liability which cannot be excluded or limited under applicable law.
Whenever you upload material to the website, or make contact with other users of the website, you will be liable to indemnify us for any direct and indirect losses and costs resulting from your breach of the following:
disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
interfering with any other person’s use or enjoyment of the website;
making, transmitting or storing electronic copies of materials protected by copyright without our permission.
You agree that we have the right to use, copy, distribute and disclose to third parties any material you upload to the website for any purpose and that we may disclose your identity to any third party who claims that material you posted or uploaded to the website constitutes a violation of their rights. We will not be responsible, or liable to any third party in any way for materials posted by you or any other user of the website and have the right to remove it if, in our opinion it doesn’t comply with these standards.
Viruses, Hacking and Other Offences including Links
You must not knowingly introduce viruses, trojans, worms, logic bombs or other technologically harmful things to or attack the website and must not attempt to gain unauthorised access to the website, the server on which it is stored or any server, computer or database connected to it We will report any such breach to the relevant authorities and co-operate with them by telling them who you are and ban you from using the website. We will not be liable for any loss or damage caused by someone else’s breach of this provision that may infect your computer or equipment due to your use of the website in any way.
You agree not to frame the website on any other website or create a link to any part of it other than the home page and reserve the right to withdraw linking permission without notice. If you wish to use any other material on the website please get in touch. Links to other websites and resources provided by third parties are provided for your information only. We have no control over other website or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Service & the website
The online store on the website is available for non-commercial and domestic use only and we reserve the right to refuse orders from businesses. We may update these Terms from time to time for any reason, any changes will be notified on this website and will apply from the time of the notice. Your continued use of the Website indicates Your agreement to be bound by the new Terms. The website itself may at any stage change but we shall not be liable to you for any modification or withdrawal of it.
Although We will always aim to offer you the best service possible, we make no promise that We will meet your requirements and cannot guarantee a fault-free service. If a fault occurs with the website just let us know and We will try and fix it as soon as possible. Access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services but We will have things up and running again as soon as possible with no liability to you. From time to time we may restrict you from accessing some or the entire Website.
The content of the Website and the material published on it is protected by copyright, trade marks, database right and other intellectual property rights. You may print one copy, and may download extracts, of any page from the website for personal reference and may draw the attention of others to it provided you keep intact all and any copyright and proprietary notices. Your right to use the Website will cease immediately on breach of these Terms. The failure of either party to require performance of any provision hereof shall not affect its right to enforce such provision at a later time. No waiver by either party of anything contained in these Terms shall be or deemed to be a further or continuing waiver.
No person not a party to these Terms shall have any rights in relation to them under the Contracts (Rights of Third Parties) Act 1999.
These Terms set out the entire agreement between the parties in connection with its subject matter and neither party has entered into these Terms in reliance on any warranty, representation or statement made by the other which is not set out in these Terms.
All notices and communications required to be sent by you shall be made and sent by e-mail to [email protected] or first class post to 277 Wennington Road, Southport, Merseyside, PR9 7TW. All notices and communications required to be sent by us shall be made and sent by e-mail to the e-mail address or post to the postal address provided to us when you placed your order.
If served notice shall be deemed to have reached the party to whom it is addressed on the next business day following the day of service.
If any of these Terms are declared unenforceable the parties shall amend the relevant part to achieve the intention of the parties without illegality or at our discretion that part may be severed from these Terms in which event the remaining Terms and the remaining part of the relevant condition shall remain in full force and effect.
Both parties will be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulations, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Us or a third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery or any other cause beyond the reasonable control of the parties rendering performance of the contract for the sale of the Goods impossible provided that this condition shall only have effect at Our discretion except when such event renders performance impossible for a continuous period of 2 (two) calendar months.
These Terms and the contract shall be governed by English law in every particular and any proceedings arising out or of in connection with the website or the order for Goods may be brought in any court of competent jurisdiction in England and Wales.
“ADR” means alternative dispute resolution;
“Bespoke Goods” means non-standard goods manufactured to a specification provided by You to Us;
“CRA” means the Consumer Rights Act 2015;
“Express Goods” means goods displayed for sale on this Website other than Bespoke Goods;
“Goods” means Express Goods and Bespoke Goods;
“Special Terms” means any terms and conditions for use and maintenance of the Goods which are specific to the Goods purchased;
“Terms” means these terms and conditions and the Special Terms;
“We/Us/Our” means Stokers Limited, a company registered in England and Wales under company number 00307357 and with our registered office at 277 Wennington Road, Southport, Merseyside, PR9 7TW also trading as Annetts Fine Furniture..