Terms & Conditions
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions. In these terms and conditions, “we” “us” and “our” refers to Mark Harris Furniture Limited. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of the United Kingdom only.
1. Information About Us
In these terms and conditions, “we”, “us” and “our” refers to Mark Harris Furniture Limited, a company registered in England and Wales under company number 055788652 with our registered office at Kinetic Business Centre, Theobold Street, Borehamwood, WD6 4PJ. Please read these terms and conditions carefully before ordering goods from the Thomas Brown Furnishings website. You should be aware that by ordering, you agree to be bound by these terms and conditions.
2. Registered Users
2.2 You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
2.3 We reserve the right to terminate your registration at any time if you breach these terms and conditions. Our services are intended to be used by registered users within the United Kingdom only.
3. Product Orders
3.1 Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age and are legally capable of entering into a binding contract.
3.2 We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
3.3 Your “Order” constitutes an offer to us to buy goods, and services pertaining to buying the Goods. All Orders are subject to our acceptance. We are free to accept or decline Orders at our absolute discretion. We will confirm our acceptance of your Order by sending you an e-mail “Order Confirmation” to this effect. The contract between us will only be formed when we send you our Order Confirmation. We will assign a unique “Order Number” to the Order and supply this in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
4. The Goods
4.1 All of our goods are packaged to prevent damage in transit and ensure that you receive your order in good condition.
4.2 We will not be responsible for any defect in the Goods arising from fair wear and tear, 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.
4.3 These terms and conditions apply to any repaired or replacement Goods we supply to you should the original Goods be faulty or do not otherwise conform to these terms and conditions.
4.4 The prices of Goods include VAT. However, if the rate of VAT changes between the date of your Order and the date of Order Confirmation, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
4.5 The prices of Goods and delivery charges are liable to change at any time, but changes, other than changes in the VAT rate, will not affect orders where we have already sent you an Order Confirmation.
4.6 Payment for all Goods must be by credit or debit card.
5. Our Liability
5.1 Subject to clause 5.2 and clause 5.3, if either of us fails to comply with these terms and conditions, neither of us 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 we entered into the contract with one another.
5.2 We only supply the 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.
5.3 Nothing in this agreement excludes or limits in any way our liability for: (a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
6. Data Protection
6.1 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.
6.2 Telephone conversations with us may be recorded for the purposes of monitoring customer service standards and for security.
6.3 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 the guarantee. In order to do so we may need to disclose your personal data to selected third parties.
7.1 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 and confirmed by us in the Order Confirmation. Should you wish to change the delivery address from the address given in the Order and confirmed by us in the Order Confirmation then you must have notified us and have obtained our agreement in writing to any change in delivery address prior to any delivery taking place.
7.2 Please note that deliveries to Scotland may take longer depending on location.
7.3 We will offer you an initial delivery slot but if this is not acceptable we will offer you a maximum of two reasonable alternatives. We reserve the right to charge a storage charge in the event you do not reasonably accept delivery. If you are not going to accept delivery yourself, you must notify us in advance of the nominated adult who will take delivery.
7.4 Goods will be delivered to Mainland Britain only.
7.5 Where you have ordered multiple Goods from us we will deliver once all items are in stock. There may however be circumstances whereby it is necessary to carry out separate deliveries. 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.
7.6 Delivery of the Order shall be completed when we deliver the Goods to you.
7.7 If you fail to accept the reasonable delivery dates offered to you, then, except where this failure is caused by our failure to comply with these terms and conditions or by an event beyond our control; we will store the Goods until delivery takes place and may charge you a reasonable sum currently £25 per week to cover expenses. Any such charges must be cleared before delivery finally takes place. If the order is cancelled prior to delivery, after the goods have been held for more than 4 weeks a £100.00 charge will be deducted from the final refund.
7.8 Clause 7.7 will not apply where the Goods are available before the delivery date detailed in the Order Confirmation or as agreed with you where you have stipulated a “not before date” on your Order, and which has been confirmed on the Order Confirmation. If the order is cancelled prior to delivery, after the goods have been held for more than 4 weeks a £100.00 charge will be deducted from the final refund.
7.9 It is essential that you notify us of any possible restrictions to access into your home when placing your Order so that we can perform a risk assessment. In particular you should consider vehicle access, lifts, staircases and room access. Should windows or doors need to be removed to allow access, it is your responsibility to arrange this at your own cost and at your own risk.
7.10 We deliver only to the first floor of any house/apartment block, except when arranged separately within the Order and confirmed in the Order Confirmation. Any such arrangement may incur an additional charge that we shall advise to you.
7.11 You must ensure that you or a nominated adult with (if we so request in order to prevent fraudulent activity) appropriate ID (driving licence or passport) are available on the day and the point of delivery to sign for the Goods.
7.12 Where a delivery date has been agreed with our carrier but the customer isn’t present to receive the delivery we reserve the right to charge the customer a minimum of £62.50 plus VAT to cover part of the cost of the failed delivery.
7.13 You must also ensure that on the day of delivery access to your preferred location of the Goods is clear and free of any obstruction. If you or a nominated adult are not available or the access is not clear and free of any obstruction, then we will not deliver your Goods. This will result in a re-delivery of your Goods and a further delivery charge will be levied.
7.14 Goods intended to be assembled by you will not be unpacked at the point of delivery.
7.15 We do not accept any responsibility for damage to your property during delivery other than damage due to our negligence when our liability is limited to the repair of that damage with no element of betterment.
7.16 Prices on site are quoted for ground floor delivery only.
7.17 We will not be liable for any loss or damage suffered by you through any reasonable delay due to unforeseen circumstances outside of our control, the delivery of incorrect or damaged items, or any reasonable rescheduling of a delivery.
8. Force Majeure
If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
9.1 Subject to clause 9.9, you can cancel your order by notifying us in writing at any time from placing your Order up to the expiry of 7 working days starting the day after the date the Goods are delivered.
9.2 Should you cancel your Order in accordance with the provisions of clauses 9.7 once it has been delivered, we will collect such Goods.
9.3 We will charge a collection cost for the Goods that we collect under the provisions of clause 9.2 above. The collection cost will depend on the nature of the Goods and where and when it is to be collected from. This cost will be notified to you in advance. In any event the Goods will remain your responsibility until we collect the Goods. You should also be aware of the following obligation:
9.4 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.
9.5 You have a statutory duty to take reasonable care of the Goods. It is your responsibility to ensure that the goods are suitably packaged and in the same condition as they arrived ready for collection. If you fail to take reasonable care of the goods before they are returned to us and this causes damage or deterioration of the products, we will charge you for the reduction in value.
9.6 In the event that you do not comply with the above obligations, 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
9.7 If you wish to return the Goods to us:
(a) because you have cancelled the Contract between us in terms of the Distance Selling Regulations, we will process the refund due to you as soon as possible but within 30 days of the day on which you gave us notice of cancellation. Except in circumstances where the Goods are damaged, returns will incur a charge, which will be deducted from the full amount of the refund.
(b) for any other reason (for instance,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 decide whether it would be more appropriate to repair or replace the Goods in question. Should we agree with you that the Goods should be returned and you should obtain a refund, there will be no collection charge. Between the delivery and collection you have a duty of care to look after the goods. If you fail to take reasonable care of the goods before they are returned to us and this causes any damage or deterioration of the products, we will charge you for the reduction in value.
9.8 We will refund any money received from you using the same method originally used by you to pay for your purchase.
9.9 The provisions of clause 9.2/9.7 will not apply to any Goods which:
(a) you have bought either in our showroom or online or by telephone which you have previously viewed at one of our stores;
(b) any Goods which cannot by their nature be disassembled once they have been partially assembled.
10. Errors & Omissions
10.1 Mark Harris Furniture Ltd reserve the right to be able to cancel an order up until the point of delivery.
10.2 Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or description. We reserve the right to correct any errors. We will either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.