These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 12. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
What information do we collect about you?
Data is collected from you when you choose to order goods from us or when you choose to opt in to our newsletter. The information collected may include name, delivery address, contact number, card details and email address.
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include internet browser name, the type of computer and technical information about the users means of connection to our website - such as the operating system and the Internet service providers utilised and other similar information.
Private and sensitive data is sent over a SSL secured communication channel and is encrypted and protected with digital signatures.
How will we use the information about you?
Information is collected about you to enable us to process any orders you make, manage your online account and email you with relevant product offers if you opted in to our newsletter - if you wish to unsubscribe, please click 'unsubscribe' on any newsletters, 'unsubscribe' on your account page or alternatively please contact us on 01642 455589 and we will remove you from our newsletter mailing list.
When processing your order, we may send your details to and use information from, credit reference and fraud prevention agencies. We also send your name, shipping address and contact telephone number and in some cases email address to our shipping services which include;
· UK mail
· LV Shipping
Homesdirect365 will never share any of your personal information with any third-party companies for marketing purposes.
Homesdirect365 would like to contact you with product offers & promotions which may be of interest to you. If you have signed up or consented to this, we will contact you via email.
If you no longer wish to receive these offers, you can unsubscribe at any time, please click 'unsubscribe' on any newsletters, 'unsubscribe' on your account page or alternatively please contact us on 01642 455589 and we will remove you from our newsletter mailing list.
Access to your information & correction
We want to make sure that the information we hold about you is up-to-date & correct at all times. If you would like to receive a copy of all, or some, of the information that we hold about you, you have the right to do so. You can request this from us via email or in writing.
You may also ask us to remove or amend any information that we hold about you that you think is inaccurate. You can do this via email, telephone or in writing.
1. INFORMATION ABOUT US
We operate the website www.homesdirect365.co.uk. We are Homes Direct 365 Limited, a company registered in England and Wales under company number 06879985 and with our registered office at 6-7 Macklin Avenue, Cowpen Lane, Billingham, TS23 4BY. Our main trading address is at 6-7 Macklin Avenue, Cowpen Lane, Billingham, TS23 4BY, England. Our VAT number is 932/230/459.
2. HOW TO CONTACT US
You can contact us by telephoning our customer service team on 01642 455589 or by writing to us by email at email@example.com or by post to Homes Direct 365 Limited, 6-7 Macklin Avenue, Cowpen Lane, Billingham, TS23 4BY.
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
IF YOU ARE A CONSUMER
This clause only applies if you are a consumer
Your Right ToCancel
Your rights to cancel your Contract with us are governed by the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Where your contract with us has been entered into away from our premises or at a distance to each other you have a right to cancel your contract until the end of 14 days following your receipt of the Product. Where multiple Products have been ordered which are delivered on different days your right to cancel ends at the end of 14 days after the day on which the last of the Products ordered comes into your physical possession.
If you consider that the Product(s) delivered are defective,
If you are contacting us to cancel a Contract the easiest way to do this is to complete the cancellation form set out at the end of these terms and conditions. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation.
If you prefer not to use the cancellation form you can contact us using the email and postal details above. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.Please ensure you quote your order number.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
We aim to provide a high standard of service. If at any time you would like to discuss with us how we could improve the provision of our services, or you are dissatisfied with the service you have received or have any other complaints with regards to your order or otherwise you should contact us:
By post: Homes Direct 365 Limited, 6-7 Macklin Avenue, Cowpen Lane, Billingham, TS23 4BY;
By e-mail: firstname.lastname@example.org; or
By telephone: 01642 455589.
We will try to resolve any problem as quickly as possible, investigate any complaints carefully and promptly and report to you with our findings.
If we are unable to resolve your complaint, then you have the right to have your issue resolved by way of Alternative Dispute Resolution. We are members of the Furniture Ombudsman Scheme for this purpose. We have provided a link to the Furniture Ombudsman on our website (click here). You may also use the EU Online Dispute Resolution platform (click here)
5.OUR CONTRACT WITH YOU
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an onscreen and e-mail “order confirmation” from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
We will confirm our acceptance of your order to you by sending you a further e-mail at which point the contract will come into existence between you and us.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. If you have already paid for the Product(s) we will refund you the full amount paid including any delivery costs charged as soon as possible.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
6.. AGE RESTRICTION
This clause only applies if you are a consumer
If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
7. OUR LIABILITY IF YOU ARE A CONSUMER
This clause only applies if you are a consumer
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
The Product supplied to you is intended solelyfor domestic and private use. You agree not to use the product for any commercial, business or resale purposes We entirely exclude liability to you for any consequential losses, loss of profit, loss of business, business interruption, or loss of business opportunity that might arise from our failure to perform the Contract or the Products failure to conform with the Contract.
We do not in any way exclude or limit our liability for:
· death or personal injury caused by our negligence;
· fraud or fraudulent misrepresentation;
· any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
· any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
· defective products under the Consumer Protection Act 1987.
8. IF YOU ARE A BUSINESS CUSTOMER
This clause only applies if you are a business customer.
If you are not a consumer, you as the individual person making the Contract on the business’s behalf confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
9. OUR LIABILITY IF YOU ARE A BUSINESS
This clause only applies if you are a business customer
We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
Nothing in these Terms limits or excludes our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
defective products under the Consumer Protection Act 1987.
Subject to clause 19, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
any loss of profits, sales, business, or revenue;
loss or corruption of data, information or software;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill; or
any indirect or consequential loss.
Subject to clause 19, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Product(s).
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
10. OUR PRODUCTS
The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site are approximate only.
The packaging of the Products may vary from that shown on images on our site.
Some Products on our site are capable of being tailored to your specific requirements. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract))
Where you request a change to be made to the Product then, in the event of cancellation, you will be charged a restocking fee calculated at 20% of the Contract price.
11. USE OF OUR SITE
12. HOW WE USE YOUR PERSONAL INFORMATION
13. OUR RIGHT TO VARY THESE TERMS
We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
14. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause only applies if you are a consumer
If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 13.1. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office. Please refer to clause 3 above in relation to how you cancel your contract with us.
However, this cancellation right does not apply in the case of:
a) Products that are bespoke to you, made to your specifications or are personalised;
b) Products that are liable to deteriorate or expire rapidly;
c) Products which are not suitable for return due to health protection or hygiene reasons, if the security tag on the Products has been removed or tampered with after delivery; or
d) any Products which become mixed inseparably with other items after their delivery.
Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered but usually you will have to the end of 14 days from the date that the Product came into your physical possession to do so.
If you cancel your Contract we will:
refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop;
refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
If you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
If you have returned the Products to us under this clause because they are faulty, mis-described, or for any other non-conformity with the Contract we will refund the price of the Product(s) in full, together with any applicable delivery charges.
We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
If a Product has been delivered to you before you decide to cancel your Contract:
Then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Our returns address is Homes Direct 365 Limited, 6-7 Macklin Avenue, Cowpen Lane, Billingham, TS23 4BY. If we have offered to collect the Product from you (we will contact you to let you know this) we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
Unless the Product is faulty,misdescribed or is rejected due to other non-conformity with the Contract you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection which we will notify you of in advance.
Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty, misdescribed or otherwise fail to conform with the Contract. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
We will contact you with an estimated delivery date following the acceptance of your order as set out in clause 5.
We will deliver the Product(s) to you as soon as reasonably possible and in any event within a 16 week delivery deadline. Our delivery estimate is dependent upon the Product(s) ordered as the nature of the Product(s) means that not all Products advertised on our website are held in stock.
Occasionally our delivery to you may be affected by an Event Outside Our Control. In that event we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the Event Outside Our Control, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. See clause 19 for our responsibilities when this happens.
All Products that are delivered must be signed for. If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.If you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and refund any monies paid to you subject to deduction of a 20% restocking charge.
Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
You own the Products once we have received payment in full, including all applicable delivery charges.
Time for delivery will not be of the essence, however, if we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
a) we have refused to deliver the Products;
b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
c) you told us before we accepted your order that delivery within the delivery deadline was essential.
If the circumstances in this clause in paragraphs (a) to (c) above apply, but you do not wish to cancel your order straight away, or do not have the right to do so under clause 13, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
Irrespective of the nature of the Product ordered it is assumed that delivery will be to the ground floor of premises to which there is good access for our delivery vehicle. If you have any reason to suspect that delivery might be hampered by reason of poor access then you should contact us to arrange to accept delivery at another place.
Our delivery operatives will deliver the Product(s) with reasonable care and skill.
If delivery is required to premises or part of premises which are only accessible by means of stairs or lift, or which might involve carrying the Product in tight spaces you must :
a) notify us in advance of delivery of potential difficulties to be faced by our delivery operatives
b) ensure that the route to the desired point of delivery is clear of obstruction or objects that might be damaged
c) ensure that walls, doors and any other fixtures or fittings which the Product might come into contact with during delivery are covered or protected
Our delivery operatives will use their reasonable endeavours to deliver the Product to your desired point of delivery, however, they may decline to do so if in their reasonable opinion in doing so they will cause damage to either the Product, your premises, fixtures and fittings or themselves. In those circumstances the Product will be delivered to a point of delivery determined by the delivery operatives acting reasonably.
16. INTERNATIONAL DELIVERY
We deliver to the countries listed on thispage (International Delivery Destinations). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
16. PRICE OF PRODUCTS AND DELIVERY CHARGES
The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
Our site, however, does contain a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. 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 Products in full before the change in VAT takes effect.
The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our delivery page here.
17.HOW TO PAY
You can only pay for Products by:
a) debit card or credit card (we accept the cards listed on our site from time to time); or
b) Paypal; or
c) Google Checkout.
Payment for the Products and all applicable delivery charges is in advance.
Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
19. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
a) we will contact you as soon as reasonably possible to notify you; and
b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received, and we will refund the price you have paid, including any delivery charges.
20. COMMUNICATIONS BETWEEN US
If you are a consumer you may contact us as described in clause 2.
If you are a business:
Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, 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.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
21. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
Alternative Dispute Resolution
Alternative dispute resolution 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 wantto contact the alternative dispute resolution provider we use. You can submit a complaint to the Furniture Ombudsman via their website at https://www.thefurnitureombudsman.org/. The Furniture Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform found here.
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SUMMARY OF YOUR KEY LEGAL RIGHTS
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example furniture the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 14 in relation to Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013