Terms & Conditions

1. INFORMATION ABOUT US

This website (www.cookesfurniture.co.uk) is operated by Cookes Furniture Limited, a company registered in England and Wales under company number 01247580 and with our registered office at 28 Goosemoor Lane, Erdington, Birmingham, B23 5PN. Our VAT number is 113022344.

 Contact can be made by calling 0121 250 5050 or via our Web sales team at

Webenquiries@cookesfurniture.co.uk

2. SCOPE OF SERVICE

Our site is intended for the sale of Products for delivery within the

United Kingdom. If you wish to order Products for delivery outside the

United Kingdom please contact our Web Sales team on

0121 250 5050 or at Webenquiries@cookesfurniture.co.uk

3. OUR PRODUCTS

Any photographs, models, samples, sizes and/or Product descriptions are for illustrative purposes only. Although we have made every effort to display the colours, textures and finishes accurately, we cannot guarantee that your computer's display of the colours, textures and finishes accurately reflect the colours, textures and finishes of the Products. Your Products may therefore vary slightly from those images.

4. DATA PROTECTION

4.1         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.

4.2          Telephone conversations with us may be recorded for the purposes of monitoring customer service standards and for security.

4.3           During the order process you will be required to provide personal information including, but not limited to, your name, billing address, email address, delivery address, telephone number and payment details.

4.4          We will treat and store all of your personal information confidentially and comply with all applicable UK Data Protection and consumer legislation in place from time to time.

4.5          By agreeing to these terms you confirm that:

               4.5.1     you are at least 18 years of age;

               4.5.2     you are legally capable of entering into binding contracts; and

               4.5.3     all of the information you provide as part of the ordering process   is complete and accurate

4.6  A copy of our privacy can be found here [link]

5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1         Our Web 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 stage of the order process.

5.2         After you place an order, you will receive an e-mail from us acknowledging that we have received your order (Order Acknowledgement). Please note that this does not mean that your order has been accepted.

5.3         We will confirm our acceptance of your order, by sending you a further e-mail (Order Confirmation) confirming that your payment has been processed in accordance, with the payment terms at clause 12.    We will also inform you of your order number as part of your Order Confirmation. Please quote this order number in all subsequent correspondence with us.

5.4         Please note that the contract between us will only be formed when we send you the Order Confirmation.

6. CANCELLATION  BY COOKES FURNITURE

6.1         If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because we cannot meet your requested delivery date, or because of an error in the price on our site as referred to in clause 11.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

6.2         We reserve the right to cancel any orders in the following circumstances:

              6.2.1 if any of the information you have provided as part of the ordering process is inaccurate;

              6.2.2 if you have requested delivery of  a Product to an address outside our usual delivery areas, as referred to  in clause 9; or

              6.2.3 If your method of payment is declined.

7. OUR RIGHT TO VARY THESE TERMS

7.1         We reserve the right to amend these Terms from time to time to reflect changes in relevant laws and regulatory requirements, changes in market conditions affecting our business and changes in technology, including our internal systems and/or preferred payment methods.

7.2         Every time you order Products from us, the Terms in force at the time of your order will apply to the contract between us, unless we notify you of any changes to the Terms before sending you an Order Confirmation. In these circumstances, we will reserve the right to assume that you have accepted any such changes to the Terms. If you do not accept the changes, you must notify us, within 7 days of receiving the amended terms.

7.3         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. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery/return postal charges.

8. YOUR CONSUMER RIGHT OF RETURN AND REFUND

8.1         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 cancellation periods set out below in clause 8.3. 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 must notify us in writing of your decision to cancel the contract and receive a refund.

8.2         However, this cancellation right does not apply to Products which, due to use or damage by you during the cancellation period, cannot be re-sold at full price, or at all. In particular:

8.2.1    Mattresses or pillows are exempt from Consumer Contracts Regulations if they have been taken out of sealed packaging in which they were delivered. In the event, once unwrapped, a mattress/divan is discovered to be faulty, we reserve the right to refuse a cancellation/refund if a Mattress protector has not been used and the product is excessively marked or soiled.

               8.2.2 Products which are self-assembled will not be accepted for  return once assembly is partly or wholly carried out, unless the  Product is defective; and

               8.2.3 Products of a bespoke nature which have been ordered specifically to your requirements, cannot be cancelled or exchanged (unless defective) without the discretion of management, and may incur a 30% cancellation fee. Any costs incurred in respect of the collection of such goods will be subject to an additional charge over and above the cancellation fee.

8.3         Your legal right to cancel a contract starts from the date of the Order 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, as set out in the table below:

9. DELIVERY

9.1         We will aim to deliver your Products within the time-frame referred to on the Order Confirmation. All delivery times quoted at the time of order are estimated and so cannot be guaranteed

                9.1.1       For Products that are already manufactured and available for delivery (such as showroom and warehouse stock), we will aim to deliver the Products within 30 days of the Order Confirmation.

                9.1.2      For Products that require manufacture after your order is placed, or which form part of a container shipment from foreign distributors, our estimated delivery times will vary between 4 and 16 weeks.

9.2           Any customers who wish to order Products for delivery to an address outside our normal delivery areas (as outlined at clause 9.3)  should contact our Web Sales team on 0121 250 5058 or at Webenquires@cookesfurniture.co.uk .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.

               9.2.1      Our delivery charges vary depending on the distance of your delivery address from our nearest distribution centre and the means of delivery used (such as courier or by our internal delivery team). Delivery options and costs will be calculated as part of the order process, and your available options will be made clear before you place an order.

9.3         Goods will be delivered to Mainland Britain Only.

10. TITLE & RISK

10.1      Ownership of the Products will only pass to you when we receive payment in full of all sums due for the Products, including delivery charges

10.2      All Products must be signed for on receipt.

10.3      Delivery of an Order shall be completed when we deliver the Products to the address provided on your Order Confirmation and the Products will be your responsibility from that time.

11.  PRICE OF PRODUCT AND DELIVERY CHARGES

11.1      The prices of the Products will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 11.5 for what happens if we discover an error in the price of Product(s) you ordered.

11.2         Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

11.3        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.

11.4      The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the order process.

11.5      Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

             11.5.1     Where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and

              11.5.2    If the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible 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.

12. HOW TO PAY

12.1      You can pay for Products on-line using a debit card or credit card. If you wish to pay by an alternative method  then please contact our Web Sales team on 0121 250 5058 or Webenquires@cookes furniture.co.uk

12.2      Payment for Products (including VAT and all applicable delivery charges), must be made in advance. If you have chosen to pay by debit of credit card we will process the payment for your order by way of the credit or debit card details you provided as part of the on-line checkout process.

12.3      If your payment cannot be processed for any reason we will contact you regarding alternative payment methods.

             12.3.1    In circumstances where finance credit approval is ‘deferred’ your Products will not be delivered until approval is given by our credit provider. We will advise our finance providers to activate your account from the date of agreed delivery or date of purchase dependent upon the finance product taken. (Please note purchasing via a finance agreement may extend the lead time of the product by up to 14 days).

12.4      We reserve the right to levy a 3% charge, per calendar month, on all payments which are overdue.

13. MANUFACTURER GUARANTEES

13.1      Some of the Products we may sell come with a manufacturer's guarantee, which will be provided with the Product. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.

13.2      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.

14. OUR WARRANTY FOR THE PRODUCTS

14.1      The Product you order may come with the option of a warranty for an additional fee. If a warranty is available on a particular Product, this will be made clear during the order process, together with the relevant fee. If you are interested to know more about the warranties we offer please visit our web site [ADD LINK] or alternatively please contact our Web Sales team on 0121 250 5058

14.2      Any warranty you may order will not apply to any defect in the Products arising from:

(a)          fair wear and tear;

(b)          wilful damage, abnormal storage , working conditions ,negligence by you or by any third party;

(c)           if you fail to operate or use the Products in accordance with the user instructions;

(d)          any alteration or repair by you or by a third party who is not one of our authorised repairers; or

(e)          Any specification provided by you.

14.3      If you are a consumer, any warranty purchased would be in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.

15. OUR LIABILITY

15.1      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. 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.

15.2      We do not in any way exclude or limit our liability for:

              15.2.1 death or personal injury caused by our negligence;

              15.2.2 fraud or fraudulent misrepresentation;

              15.2.3 any breach of the terms implied by section 12 of the Sale of   Goods Act 1979 (title and quiet possession);

              15.2.4 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

             15.2.5 Defective products under the Consumer Protection Act 1987.

15.3      We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

             15.3.1  any loss of profits, sales, business, or revenue;

             15.3.2 loss or corruption of data, information or software;

             15.3.3 loss of business opportunity;

             15.3.4 loss of anticipated savings; or

             15.3.5 Loss of goodwill.

16. EVENTS OUTSIDE OUR CONTROL

16.1      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 in clause 16.2. 

16.2      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.

16.3      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.

16.4      You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. The easiest way to do this is to complete the cancellation form on our website at [ADD LINK] [A link to the website cancellation form will also be included in our Order Confirmation.] 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.

17. COMMUNICATIONS 

17.1      When we refer, in these Terms, to "in writing", this will include e-mail

 17.2      You may contact us as described in clause 8.4

18. OTHER IMPORTANT TERMS

18.1      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.

18.2      You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 14 to the recipient of the gift without needing to ask our consent. 

18.3      This contract is between you and us. No other person shall have any rights to enforce any of its terms [However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 14, but we and you will not need their consent to cancel or make any changes to these Terms.]

18.4      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.

18.5      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.

18.6      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.

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