Terms & Conditions
Please read these terms and conditions carefully before ordering any of the products listed on our website, and print and keep a copy of them for your reference.
By placing an order though this website, you warrant that you are capable of entering into binding contracts, that you are at least 18 years old, that you are resident within the United Kingdom and are accessing this website from within the United Kingdom.
1.1 The definitions and rules of interpretation in this condition apply in these terms and conditions:
- "Buyer" the person who purchases the Goods from the Company.
- "Company" The Metro Furniture (Leicester) Limited (Company Number: 6363681).
- "Contract" any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating or deemed to incorporate these conditions.
- "Goods" any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
1.2. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3. Words in the singular include the plural and in the plural include the singular.
1.4. A reference to one gender includes a reference to the other gender.
1.5. Clause headings do not affect the interpretation of these conditions.
2 ABOUT US
2.1 This website is owned and operated by:
The Metro Furniture Company (Leicester) Limited
(a company registered in the United Kingdom)
(Company Number 6363681)
54 Rosebank road
VAT Number: 924568011.
2.2 If you need to contact us, please email us at [email protected]
3 MAKING A CONTRACT WITH US
3.1 When you place an order with us, you are making an offer to buy goods. A contract is only formed when we notify you that we have despatched your order
3.2 Once we have checked the price and availability of the goods, we will email you an acknowledgement of order.
3.3 In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this and in such circumstances we will not be obliged to supply the goods at the incorrect price.The Company will recredit to the Buyer any sum paid for such goods as soon as possible.
3.4 If the goods are not available, we may offer to supply you with substitute goods. If you decide not to accept the substitute goods, you will not have to pay to return them to us. Please contact us promptly if you decide not to accept the substitute goods.
4 HOW TO PLACE AN ORDER
4.1 To place an order through this website, the Buyer should follow the following process:
- 4.1.1 add the appropriate Goods to the basket by clicking on the ’add to order’ button;
- 4.1.2 once all required Goods have been added to the basket, the Buyer should click on the ’Checkout & Postage’ button on the ’shopping cart’ webpage;
- 4.1.3 the Buyer will need to enter their payment and delivery details on the next webpage;
- 4.1.4 the Buyer will then be taken to a page where they can review their order to check that all details they have provided are correct. Please carefully check that all information provided is accurate;
- 4.1.5 once the Buyer is happy that all information they have provided is correct, they should click on the ’place order’ button;
- 4.1.6 payment will then be taken for the Goods and the order placed with the Company.
5.1 All delivery charges are set out in the website.
5.2 In the unlikely event that we have made a delivery pricing mistake, we will advise you of this and in such circumstances we will not be obliged to delivery & supply the goods at the incorrect price.
5.3 Goods will be delivered to the UK mainland address that the Buyer specifies in the order. For reasons of health and safety and to avoid any property damage, most large items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation or fitting services upon delivery unless otherwise agreed by us.
5.4 The Company shall specify a time period for delivery in its acknowledgement of order such time period to end no later than 14 days after the date on which the Buyer placed the order with the Company, unless otherwise agreed with the Buyer. The Company will contact the Buyer at least 2 days before it intends to deliver the goods to confirm the date of delivery. If the suggested delivery date is inconvenient for the Buyer, the Company will endeavour to arrange another more convenient delivery date with the Buyer.
5.5 We will let you know if we become aware of any unexpected delay and will arrange a new delivery date with you. If we are unable to deliver the Goods within 14 days of you placing an order with us or such other period as agreed between us, we shall inform you of our inability to deliver within such timeframes, you may cancel the contract and we shall refund all moneys paid by you as soon as possible and in any event within 30 days of the period during which we should have delivered the Goods expiring.
5.6 If for any reason the Buyer fails to accept delivery of any of the Goods within 14 days of when they are ready for delivery or another date for delivery has not been agreed with the Company, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations then on the first occurrence of any of these eventualities the Company may store the Goods until delivery, whereupon the Buyer shall be liable for all reasonable costs and expenses (including without limitation storage and insurance).
5.7 If we are not able to deliver the whole of an order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the order in instalments, we may charge you extra delivery costs.
5.8 On delivery, the Buyer may be obliged to produce a suitable form of identification.
5.9 If the Goods are lost or damaged in transit, please let us know promptly.
6 CANCELLATION AND RETURNS
6.1 This policy does not apply to a Contract for the supply of any of the Goods ordered from the website which have been made to the Buyer’s specification, for example where the Buyer has chosen:
- 6.1.1 specific fabrics or materials for the Goods;
- 6.1.2 a specific polish or finish to be applied to the Goods; or
- 6.1.3 non-standard sizes for the Goods.
6.2 You can cancel your contract at any time up to 7 working days after the day of delivery. To do this please e-mail us or write to us.
6.3 You do not have to give any reason for cancellation. However, a brief explanation will help us to improve the service we offer to customers in the future.
6.4 If you cancel, you must return the Goods to us at your own expense. You must ensure that the goods are packaged adequately to protect against damage.
6.5 If you fail to return the Goods, we will collect them and we will charge you the direct cost of collection. If you fail to take reasonable care of the Goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.
6.6 If you cancel, we will refund all moneys paid by you, including delivery charges within 14 days of the cancellation.
7.1 The Goods are at the risk of the Buyer from the time of delivery.
7.2 Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due in respect of:
- 7.1.1 the Goods; and
- 7.l.2 all other sums which are or which become due to the Company from the Buyer on any account.
8 FAULTY GOODS
8.1 If there is a problem with the Goods, please contact us. We will deal with the matter in accordance with your legal rights.
9 CHANGES TO THESE TERMS
9.1 These will apply to your order. We may change our terms and conditions at any time, so please do not assume that the same terms will apply to future orders.
10.1. The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
11.1. Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
11.2. Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
12 THIRD PARTY RIGHTS
12.1. The parties to this Contract do not intend that any term of this Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
13.1. All communications between the parties about or in connection with the Contract shall be in writing and delivered by hand or sent by pre-paid first class post:
- a) (in case of communications to the Company) to its registered office or such changed address as shall be notified to the Buyer by the Company; or
- b) (in the case of the communications to the Buyer) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Company by the Buyer.
13.2. Communications shall be deemed to have been received:
- a) if sent by pre-paid first class post, 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
- b) if delivered by hand, on the day of delivery
13.3. Communications addressed to the Company shall be marked for the attention of S. A. Furzey
14 GOVERNING LAW AND JURISDICTION
14.1. This website and these conditions and any disputes or claims arising out of or in connection with their subject matter are governed by and construed in accordance with the law of England.
14.2. The parties irrevocably agree that court proceedings to settle any dispute or claim that arises out of or in connection with these conditions will be brought exclusively within the United Kingdom.
COMPETITION TERMS AND CONDITIONS
1. The Win A Barcelona Chair (the "Competition") is open to residents of the UK aged 18 and over.
2. Employees of Metro Furniture or their family members,, or anyone else connected with the Competition may not enter the Competition.
3. Entry into the Competition is acceptance of these Terms and Conditions.
4. To enter the Competition you must apply online at ENTER WEB PAGE ADDRESS. If you have any questions about how to enter or in connection with the Competition, please e-mail us at [email protected] with Win A Barcelona Chair in the subject line.
5. Only one entry per person. Entries on behalf of another person will not be accepted and joint submissions are not allowed. You are responsible for the cost (if any) of sending your Competition entry to us.
6. No responsibility is taken for entries that are lost, delayed, misdirected or incomplete or cannot be delivered or entered for any technical or other reason. Proof of delivery of the entry is not proof of receipt.
7. The Competition closes at 23.59 on October the 30th 2011. Entries received after that date and time will not be considered.
8. The winner will be chosen from a random draw of entries.
9. One winner will receive one Barcelona Chair in White Leather
10. The winner will be notified by email or Twitter on or before November the 10th 2011 and given details of how to claim their prize in person or have it delivered free of Charge. Delivery is to the UK mainland only. If a winner does not respond to Metro Furniture within 7 days of being notified by Metro Furniture, then the winner's prize will be forfeited and Metro Furniture shall be entitled to select another winner (and that winner will have to respond to the phone call or email from Metro Furniture within 7 days or else they will also forfeit their prize).
11. The prize is non-exchangeable, non-transferable, and is not redeemable for cash or other prizes.
12. Metro Furniture retains the right to substitute the prize with another prize of similar value in the event the original prize offered is not available.
13. The winner may be required for promotional activity.
14. No purchase necessary.
15. Nothing in these terms and conditions shall exclude the liability of Metro Furniture for death, personal injury, fraud or fraudulent misrepresentation as a result of its negligence.
16. Metro Furniture accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering the Competition or accepting the prize. Metro Furniture further disclaims liability for any injury or damage to your or any other person's computer relating to or resulting from participation in or downloading any materials in connection with the Competition.
17. Metro Furniture reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Competition with or without prior notice due to reasons outside its control (including, without limitation, in the case of anticipated, suspected or actual fraud). The decision of Metro Furniture in all matters under its control is final and binding and no correspondence will be entered into.
18. Metro Furniture shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure.
19. The Competition will be governed by English law