1.1. We operate the website www.jdfurniture.uk. Our company is JD HOME FURNITURE LTD which (we or us or our) which is a company registered in England and Wales under company number 09060963, with our registered office at Unit 15, Al-Amin Wholesale Building, Grosvenor road, Birmingham, B6 7LZ and VAT number 197371665. These are the terms and conditions relating to purchases made on our website (Terms and Conditions). The Terms and Conditions set out the terms on which we supply goods (Goods) ordered on our website. Please read these Terms and Conditions carefully and make sure that you understand them before ordering any Goods from our website. By ordering, you agree to be bound by these Terms and Conditions. Your attention is drawn in particular but not exhaustively to the provisions of the Liability clause under which we limit our liability to you (clause 11) and the Force Majeure clause (clause 14).
1.2. Any variations from these Terms and Conditions must be confirmed in writing and signed by both Parties.
2. Your status
2.1. By placing an order through our website, you warrant that:
2.1.1. you are legally capable of entering into binding contracts; and
2.1.2. you are at least 18 years old.
3. How the contract is formed between you and us
3.1. Your online order constitutes an offer from you to us to buy our Goods (Order). All Orders are subject to acceptance by us and we are free to accept or decline your offer at our absolute discretion. We will confirm acceptance of your Order, without undue delay, by sending an email confirming acceptance which will include an order number to be used in all future correspondence with us (Order Confirmation). The contract will only be formed when we send the Order Confirmation to you and will comprise of these Terms and Conditions and the documents referred to herein.
3.2. 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, technology, payment methods, relevant laws and regulatory requirements and/or in our system's capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority to be retrospective (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
4. Cancellation and Return of Goods
4.1. Should you wish to cancel and/or amend your order you should contact your sales contact at store or Customer Services to discuss the same. This provision does not affect your other statutory rights as a consumer.
4.2. Subject to clause 4.12 you can cancel your order by completing the cancellation form at Appendix 1 at any time from placing the Order up to the expiry of 14 working days starting the day after the date the Goods are delivered.
4.3. Should you cancel your Order in accordance with the provisions of clause 4.8 once the Goods have been delivered, we will collect such Goods. We will, save for clause 4.8.2, charge a collection fee. The collection fee will depend on the nature of the Goods and where and when they are to be collected from. This fee will be notified to you in advance. The Goods will remain your responsibility until we collect them.
4.4. Any collection will be from the delivery address unless we agree otherwise, and we will agree with you a suitable day for collection. If you are not going to be available for collection yourself, you must notify us in advance of a nominated adult who will be present for the collection. You must ensure that on the day of collection the access to the Goods is clear and free from obstruction. If you or a nominated adult are not available or the access is not clear and free of obstruction then we will not collect the Goods. Should windows or doors need to be removed to allow access, it is your responsibility to arrange this at your own cost and your own risk. We do not accept any responsibility for damage to your property during collection other than damage due to our negligence when our liability is limited to the repair of that damage with no element of betterment.
4.5. You have a statutory duty to take reasonable care of the Goods. If you breach this duty we have a right of action against you. If any original packaging has been left with you please return the Goods with the original packaging. If the original packaging is not available, then please ensure any items to be returned are packaged in a suitable and sufficient manner so as to ensure that there is no risk of damage in transit.
4.6. In the event that you do not comply with the obligations at clauses 4.4 and 4.5, we may require payment from you of all costs reasonably incurred by us which may include but is not limited to wasted collection journeys or the cost of any Goods which you have damaged or lost.
4.7. We will take reasonable steps to pack the Goods properly and to ensure that you receive your Goods in good condition. If the Goods are damaged as at the time of delivery, please do not assemble the Goods or if you have started assembly, do not complete this, and telephone Customer Services at the earliest opportunity and within 5 days of noting the damage otherwise, we may be unable to grant you a refund in full or in part.
4.8. If you wish to return the Goods to us:
4.8.1. because you have cancelled the Contract between us in accordance with the provisions of clause 4.2, we will process the refund due to you as soon as possible. In such cases, we will refund the price of the product in full, and any applicable delivery charges (save for non-standard delivery charges), although for the avoidance of doubt we shall be entitled to offset and retain any collection charges we may incur in collecting the Goods.
4.8.2. for any other reason (for instance, because you consider the Goods are faulty), we will discuss the issue with you and, if necessary examine the returned Goods. Should we agree the Goods are faulty we would reserve the right to discuss with you whether it would be more appropriate to repair the Goods in question or to offer a discount or suitable alternative. Should we agree with you that the Goods should be returned and you should obtain a refund, we will notify you of your refund via e-mail within a reasonable period of time. We will process the refund due to you as soon as possible after we have confirmed to you via e-mail that you are entitled to a refund. We will refund the price of the Goods in full, any applicable delivery charges and not charge you any collection charge for collecting the Goods from you.
4.9. A full or partial refund will be considered instead of a repair or replacement of the Goods if any of the following are true:
4.9.1. the cost of the repair or replacement is disproportionate to the value of the Goods;
4.9.2. a repair or replacement of the Goods is impossible or fails;
4.9.3. a repair or replacement of the Goods would cause you significant inconvenience; or
4.9.4. the repair would take an unreasonably long amount of time.
4.10. We shall process refunds due to you as soon as possible, and in any case, within 14 days of the day we confirmed to you that you were entitled to a refund. Where a refund is due, we will refund the price of the Goods in full, and any applicable delivery charges but reserve the right to charge you any collection charge for collecting the Goods from you.
4.11. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
4.12. The provisions of clause 4.2 will not apply to any Goods which:
4.12.1. you have bought online which you have previously viewed at our store;
4.12.2. are bespoke and handmade to your specification (please note that all of our Goods are bespoke and handmade to your specification unless they are clearly identified as stock items);
4.12.3. ex-display Goods;
4.12.4. are mattresses delivered sealed in clear plastic wrapping to allow for inspection; once this is removed, the item will non-returnable; or
4.12.5. any Goods which cannot by their nature be disassembled once they have been partially assembled (such as flat pack coffee tables).
4.13. We will not be responsible for any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we or the manufacturer do not recommend, your failure to follow our or the manufacturer’s instructions, or any alteration or repair you carry out without our prior written approval.
4.14. These Terms and Conditions apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform to the Order specification.
5. Product Specification
5.1. We are under a legal duty to supply goods that are in conformity with the Order specification and these Terms and Conditions.
5.2. Any photographs, models, samples, drawings, sizes and/or product description or advertising we issue, and any illustrations contained in any of our catalogues, brochures, emails or on our website are produced solely to provide you with an approximate idea of the Goods they describe and/or are representative of the finished product.
5.3. Your Order is unique to you and will be supplied in accordance with the instructions and specification as detailed in our Order Confirmation. Notwithstanding this all Goods are purchased and supplied, on the understanding that there may be slight dye, shade and grain variations, particularly with natural products such as wood and leather. Leather products are made from quality hides and may not be uniform in colour or texture and will show natural marks and scars. Colours may also change with age and exposure to sun and other climatic conditions. Glassware may have small air bubbles or surface imperfections naturally occurring during production.
5.4. Occasionally we may supply Goods with minor differences in specification due to circumstances beyond our reasonable control. Should this be the case any differences will result in the Goods being of an equal or improved standard, and it will not affect your rights under the law, and any guarantee we may offer will continue to apply.
6.1. Unless you can collect the Goods from our store, we shall deliver these to you. All delivery times quoted at the time of order are estimated and so cannot be guaranteed. Whilst we will make every effort to deliver within the estimated delivery time, occasionally deliveries may be affected by factors beyond our control. We will deliver to the delivery address stated in the Order. Should you wish to change the delivery address from the address given in the Order then you must have notified us 7 working days before delivery and have obtained our agreement in writing to any change in delivery address prior to delivery taking place.
6.2. We will contact you if possible to arrange a delivery time, which is usually a period of 3 hours, and to ensure that full payment has been made prior to your Order being delivered, unless there has been an agreement for you to make payment on delivery. We will offer you a delivery time slot and ask that you take delivery within 7 days of the first offered delivery date. We will offer you a maximum of two reasonable alternatives. Thereafter, we reserve the right to make a storage charge in the event you do not reasonably accept delivery or collect the Goods and any sums you have paid to us for the Goods including a deposit shall be used to cover all or part of the storage charge until such time as the payment you have made does not cover the storage costs any longer or for a period of 4 weeks, whichever is sooner, at which point we shall deem the Contract to have been terminated by you. We reserve the right to retain 50% of the order value plus any accrued storage fees. If you are not going to accept delivery yourself, you must notify us in writing in advance of the nominated adult who will take delivery. Either you or your nominated adult will need to sign for delivery and they must produce photo evidence of ID.
6.3. Goods will be delivered by us to Mainland Britain only. For deliveries to Northern Ireland and other British Isles, delivery can be arranged with a third party courier service for an additional charge. Goods will be delivered to the ground floor unless there is a working lift large enough to transport the Goods to a higher floor or, for an additional charge, Goods can be delivered up to the third floor. If you require the Goods to be delivered to a higher floor, please telephone customer services to discuss your requirements prior to making your online purchase.
6.4. You must ensure that on the day of delivery (or collection if appropriate), the access to the property where the Goods are being delivered to (or collected from) is clear and free from obstruction. If you or a nominated adult are not available or the access is not clear and free of obstruction (which includes not being able to deliver Goods because they will not fit into the property or room they have been purchased for) then we will not be able to deliver (or collect) the Goods which we shall then take back to our premises and charge a handling fee of 20% of the value of the Goods. Should windows or doors need to be removed to allow access, it is your responsibility to arrange this at your own cost and your own risk. We do not accept any responsibility for damage to your property during delivery or collection other than damage due to our negligence when our liability is limited to the repair of that damage with no element of betterment.
6.5. A delivery charge will apply on all orders. The amount varies depending on the Order and is made clear at the point of Order, and will be contained on your Order Confirmation. If we attempt a delivery but are unable to deliver as neither you nor a nominated adult are able to take delivery, the Goods shall be returned to us and any further delivery will incur a further charge.
6.6. Where you have ordered multiple Goods from us we may need to make more than one delivery to you. Where this is necessary we will not charge you extra delivery costs for this. If you ask us to deliver the Order in installments, we may charge you extra delivery costs.
6.7. Delivery of the Order shall be completed when we deliver the Goods to you. If you are collecting the Goods yourself, there shall be no delivery by us but once collection of the Goods has been commenced by you or a nominated adult, this is triggered by the transporting of the Goods from their standing position at our premises, we shall not be liable for any damage caused to the Goods in the transportation process. We therefore strongly advise that you utilise our delivery service or that you ensure you have the appropriate equipment, vehicle and personnel to transport the Goods safely.
7.1. We offer a professional assembly service for flat pack furniture purchased online. Prices vary depending on various factors but you can discuss adding this to you Order before you make your online purchase or afterwards by contacting Customer Services.
7.2. For your convenience, smaller items can be assembled at our workshop and delivered already assembled. The furniture would be prepared a few days before your delivery date.
7.3. Any pre-booked assembly service can be cancelled no later than 48 hours before the arranged delivery date.
7.4. For safety reasons we do not fix wall-mounted units to plaster board. Before you place the Order, ensure the wall is of brick or concrete structure. We will require sufficient space to assemble the furniture and without this may refuse to carry out the assembly and as additional charge may be applied.
7.5. We will not take any packaging away after assembly.
7.6. We cannot take any responsibility for the damage/fault/accidents caused by furniture assembled by any other entity.
8. Title and risk
8.1. The Goods will be your responsibility to insure from the time of delivery.
8.2. Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
9. Price and payment
9.1. We will require payment in full of the value of the Order inclusive of VAT and any delivery costs prior to delivery by credit or debit card, by cash or bank transfer unless:
9.1.1. payment on delivery has been agreed with you at the time of the Order in which case, the Goods will not be unloaded until paid in full or, if you are collecting the Goods, you will not be able to move them until you have paid in full; or
9.1.2. unless it has been agreed that you can pay a deposit on the Goods, with final payment to be made before delivery or on delivery (in which case the Goods will not be unloaded, or if you are collecting them you will not be able to move them until paid in full)
9.2. The price of the Goods will be as quoted on our website from time to time. The delivery charge will be as set out in the Order and confirmed within the Order Confirmation.
9.3. The price of Goods includes VAT. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
9.4. The prices of the Goods and delivery charges are liable to change at any time, but changes, other than changes in the VAT rate as set out above, will not affect orders which are confirmed.
10. Cancellation by us
10.1. We reserve the right not to accept an Order if:
10.1.1. we do not have the stock to fulfill an order;
10.1.2. we are unable to deliver your order;
10.1.3. your payment was not authorised;
10.1.4. the Goods contained in your Order were incorrectly described or priced;
10.1.5. you have not complied with the Terms and Conditions; or
10.1.6. there is some other substantial reason which means we need to cancel the order.
10.2. If the order is cancelled by us, we shall aim to notify you as soon as possible. We shall reimburse you in full if we were forced to cancel under clauses 10.1.1, or 10.1.4. We shall reimburse you in full if we were forced to cancel under clauses 10.1.2 or 10.1.6 and the reason for the cancellation was wholly or substantially our fault.
11. Our liability
11.1. Subject to the provisions of this paragraph, if either party fails to comply with these Terms and Conditions, neither shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms and Conditions at the time the Order Confirmation was sent.
11.2. We only supply Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and we have no liability to you for any consequential loss, loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3. Nothing in these Terms and Conditions excludes or limits in any way our liability for:
11.3.1. death or personal injury caused by our negligence;
11.3.2. fraud or fraudulent misrepresentation;
11.3.3. any breach of the obligations implied by the Consumer Rights Act 2015;
11.3.4. defective products under the Consumer Protection Act 1987; or
11.3.5. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
11.4. Subject to the provisions of this clause, we are not liable to you for loss or damage you suffer that is indirect, consequential or special.
11.5. Subject to the provisions of this clause, the express terms of the Contract are in place of all warranties, representations, conditions, terms, undertakings and obligations which, but for the Contract, would be implied or incorporated by law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
12. Intellectual Property
12.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of our 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.
12.2. You acknowledge and agree that the material and content contained within our website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and 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.
13. Data Protection
13.1. We are a registered data controller for the purposes of the Data Protection Act 1998 (the Act) and we will comply with the statutory requirements imposed on us to keep your personal data confidential and secure. We are fully compliant with the Act.
13.2. Telephone conversations with us may be recorded for the purposes of monitoring customer service standards and for security.
13.3. Your information (or the information of the nominated adult) will be used to process your Order, deliver your Goods and/or to handle any claims made under any guarantee. In order to do so we will need to disclose your personal data to selected third parties including a finance company when applicable.
13.4. If you so choose, your personal data can also be used to enable us, to notify you of any special offers or services we feel may be of relevance and interest to you. To do this we may share your personal data with carefully selected third parties.
14. Events outside our control
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control (Force Majeure Event).
14.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1. strikes, lock-outs or other industrial action
14.2.2. civil commotion, riot, invasion, piracy, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
14.2.3. inclement weather, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
14.3. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event. Should the Force Majeure Event continue for a period of more than 3 months then either party will have the right to terminate any contract that exists between us forthwith without any further liability to the other party apart from providing you with a refund if you have not received the Goods.
15. Transfer of rights and obligations
You may not transfer any of your rights or obligations under these Terms and Conditions to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms and Conditions to another organisation, but this will not affect your rights under these Terms and Conditions.
16. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We may contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.
All notices given by you to us must be sent to [email protected] We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 16 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter (if sent from the UK).In proving the service of any notice, it will be sufficient to prove, in the case of a letter posted in the UK, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
18.1. If any court or competent authority decides that any provision of these Terms and Conditions is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
18.2. If we fail, at any time while the Terms and Conditions are in force, to insist that you perform any of your obligations under the Terms and Conditions, or if we do not exercise any of our rights or remedies under the Terms and Conditions, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms