Terms & Conditions
The terms and conditions below relate to orders placed online through our e-commerce store.
Please read them through our terms and conditions carefully before making a purchase via the website. 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.
Birtchnells of Highcliffe Ltd (‘Birtchnells’, ‘Birtchnells 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 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 every time you place an order. For this reason, we encourage you to review them whenever you use this website to ensure that you are familiar with the latest terms and conditions. We also recommend to all our customers to print and retain a copy of the terms and conditions for future reference.
Before you place an order, if you have any questions relating to these terms and conditions please contact our sales team by e-mail email@example.com or call us on 01425 276883 during opening hours.
Please note: Any customisable order is classed as ‘bespoke’ and cannot be cancelled.
1. Creating the Contract
1.1 You place an order on the website by selecting an item and following the instructions.
1.2 You will have an opportunity to check and correct any input error in your order up until you click the Confirm Order button.
1.3 After you have submitted your order you will receive an order acknowledgement e-mail from us. Please note that this e-mail is an acknowledgement and not acceptance of your order.
1.4 If you are paying by credit/debit card, we will authorize your card payment.
1.5 Once payment has been authorised and we have determined the availability of 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 the details of how your goods will be delivered to you.
1.6 We reserve the right to decline all or part of any order for whatsoever reason and should this occur we will e-mail you with these details.
1.7 It is recommended that you retain all e-mails relating to your order and contract.
1.8 The details of your specific contract are filed by us. Should you want any information regarding your order you may contact us.
2.1 If you have chosen to pay by Credit/Debit Card, once your order is received and accepted by us we will process the payment for your order by way of the card details you have provided. In the event that there is insufficient stock to satisfy your order you will be informed as soon as possible. A refund will be processed through your chosen credit or debit card used for the payment of the order.
2.2 We do not operate a ‘cash on delivery’ system.
2.3 We will advise you if your payment details cannot be authorized for any reason. We may then invite you to pay by another method.
2.4 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 unless otherwise stated but exclude delivery charges, if applicable. Delivery charges are calculated as part of the checkout process. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you an option of reconfirming your order at the correct price, or cancelling the order. If we are unable to contact you we will treat the order as cancelled and you will receive a full refund.
3. Security and Clearing
3.1 All credit/debit card payments that are made through our website are protected by a secure connection. This secure connection ensures that your card details are encrypted prior to the details being transferred.
Delivery of goods to you
4.1 We will deliver the goods you have ordered to the address you give us for delivery at the time you place your order. Where the delivery area on the product page is stated as UK Mainland, we can only deliver to addresses within mainland UK and Isle of Wight. We cannot deliver to the Channel Islands, Isle of Man, Scottish Islands, Northern Ireland or the Republic of Ireland. Where the delivery area on the product page is stated as Dorset, Hampshire & South Wiltshere, delivery is possible to all areas in Dorset and Hampshire; South Wiltshere is defined as south of Westbury.
4.2 We aim to deliver your goods within the time quoted on our website when you place your order. If circumstances change, we will contact you. If, however, it is delayed due to circumstances beyond our control, then we cannot accept any liability for consequential loss.
4.3 You will 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.
4.4 All deliveries are signed for. If you are out when our delivery team arrives, they will normally 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.
4.5 You are responsible for ensuring sufficient access for goods you have ordered to enter your address. Any items unable to fit in your address will still be chargeable and you will be liable for any additional costs incurred to gain access, e.g window removal.
4.6 We are not liable for possessions in your address that need to be moved by our delivery team.
5. Unsuitable goods return
5.1 If you find, after having received the goods, that they are not suitable for the purpose you had intended we are happy for you to return them to us for a refund provided the following conditions are met:- You must notify us of you intention to return the goods within 30 days from the date of the delivery. The goods must be returned undamaged and in a resalable condition. They must be in their original packaging. All carriage costs are borne by you the customer. For hygiene reasons, pillows and bedding are non-refundable.
5.2 Bespoke or certain types of special order goods are not included.
6. Cooling Off Period
6.1 You are entitled to a statutory cooling off period beginning from the date you placed your order and ending 14 days after you received the goods. Certain goods are exempt from this cooling off period, for example a mattress and pillows which has been taken out of its sealed packaging in which it was delivered, and special order or bespoke items ordered.
6.2 You must inform us in writing during the cooling off period that you are cancelling the contract either by post or email.
6.3 If you have not received the goods at the time of cancellation of the contract, and we have not processed the goods for delivery, we will refund to you all the monies paid by you for the goods in question including the delivery charges in the same form of payment originally used for the purchase as soon as possible, and in any event within 30 days of the your cancellation being accepted.
6.4 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 en route, 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. We will refund to you all the monies paid by you for the goods in question, excluding the cost of collection of the goods, in the same form of payment originally used for the purchase, as soon as possible and in any event within 30 days of your cancellation being accepted.
6.5 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. 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 the monies paid by you for the goods in question, excluding the cost of collection of the goods, in the same form of payment originally used for the purchase as soon as possible, and in any event within 30 days of your order being accepted, PROVIDED THAT the goods are returned by you and received by us in the condition that they were in when delivered to you.
6.6 If you do not return the goods to us we shall be entitled to deduct the direct costs of recovering the goods from the amount to be refunded to you.
7. Damaged or Defective Goods
7.1 Every effort will be made to ensure that the goods you have ordered arrive undamaged and without defect.
7.2 If the goods are found to be either damaged or defective in any way at the time of delivery, you must contact us immediately. If damage is discovered after delivery, you must contact us within 7 days of delivery of the goods.
7.3 If the goods are damaged, and we are unable to repair the item to manufacturing standards, we will send a replacement item upon confirmation that the damaged item has been returned to us.
7.4 If the goods are found to be defective we will refund all monies paid by you for the goods in question (including the delivery charges) together with any return delivery charges you may have reasonably incurred if you have undertaken to return the items yourself, in the same form of payment originally used for the purchase as soon as possible.
8. Cancellation by Us
8.1 We reserve the right not to accept any order request if:
8.1.1 there is insufficient stock to deliver the goods you have ordered;
8.1.2 we do not deliver to your area;
8.1.3 one or more of the goods ordered was incorrectly described or priced on the website;
8.1.4 the payment transaction is not authorized; or
8.1.5 you have not complied with the provisions of paragraph 12 of these terms and conditions.
8.2 If we do cancel your contract 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, and in any event within 30 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
9. Stock Levels
9.1 As far as reasonably possible all products featured to buy on the website are either in stock and available at the time of ordering, or are produced to order with the anticipated lead-time published on site
9.2 If any item is out of stock we will notify you and proceed in terms of paragraph 2.1 or 2.2 as appropriate.
10. Unforeseen Circumstances
While every effort is made to meet our customers’ demands, cancellations or variations may be necessary as a result of an Act of God, war, strike, lockout, labour dispute, fire, flood, drought, or other causes beyond our reasonable control.
11. Complaints and Remarks
11.1 If you have a complaint or a particular remark to make please do not hesitate to contact us immediately by telephone or e-mail, the details of which are contained under the ‘Contact Us’ page.
11.2 Any complaint will be dealt with fairly, effectively and confidentially. Your statutory rights as a consumer are unaffected.
12. Contractual Capacity
12.1 In order to be eligible to enter into a contract with us to purchase goods through the website you must:- 12.1.1 provide the required information including your real name, payment details including your card address; your delivery address if different from your card address; e-mail address and telephone number;
12.1.2 be over the age of 18.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude 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 English.
15. Data Protection and Privacy
16. Entire Agreement
16.2 Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us.
16.3 Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
INTELLECTUAL PROPERTY RIGHTS
The content of this Website is Birtchnells of Highcliffe Ltd (or its third party 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 licensors).
Birtchnells of Highcliffe Ltd is providing this Website on an ‘as is’ basis and makes no representations or warranties of any kind, whether express or implied, in relation to this Website, or its contents and disclaims all such representations and warranties. In addition, Birtchnells of Highcliffe Ltd makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information on this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of Birtchnells of Highcliffe Ltd howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Neither Birtchnells of Highcliffe Ltd nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Birtchnells of Highcliffe Ltd accepts no liability for any information or content contained in external third party websites which link to or from this Website.
Notwithstanding the a foregoing, none of these exclusions and limitations are intended to limit any rights you may have as a consumer under local or other statutory rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of employees and/or agents.