Terms & Conditions
TERMS AND CONDITIONS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01536 697996.
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
2. We are Elm UK Ltd trading as Made Bedrooms & Interiors a company registered in England and Wales under number 4812036 whose registered office is at 6-8 Brunel Road, Earlstrees Industrial Estate, Corby, Northamptonshire, NN17 4JW with email address firstname.lastname@example.org; telephone number (01536 697996) (the Supplier or us or we).
3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
4. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
5. .Contract means the legally-binding agreement between you and us for the supply of the Services;
6. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
8. Order means the Customer’s order for the Services from the Supplier as set out in the Customer’s order or in the Customer’s written acceptance of the Supplier’s quotation;
9. Services means the services, including any Goods, of the number and description set out in the Order.
10. The description of the Services and any Goods is as set out in our website, catalogues, brochures, or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied.
11. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
12. All Services are subject to availability.
13. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
14. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed). If you agree to our Services and for your order to be fitted, the following will apply:
- Any carpet must be rolled back by the customer before our Services commence;
- The customer must also remove any large furniture from the room where our Services will take place (e.g., beds, sofas, desks, dressing tables, etc,.), or else this may result in longer completion times and a surcharge may be added for the time spent for fitters to remove them before installation commences unless otherwise agreed by the customer and us;
- To ensure our fitters have access to the site between 8:30am – 5:30pm on weekdays or as otherwise agreed by the customer and us;
- That our fitters have access to and can use the mains electricity supply from a standard socket free of charge, and that the supply is turned on during these times;
- That between the survey and installation you will not make any altercations to the room and that you do not install, relocate or remove any fixed items that you have not informed us about;
- You have permission to use any plans or drawings supplied to us by you;
- You must provide reasonable access to the room that is being fitted (ladder access is not reasonable access) and you must co-operate in reducing any health and safety risks to an acceptable level;
- You must tell us about any features to the site or its structure that may make installation more difficult than would be reasonably expected. You must also check if the walls are sound;
- A deposit of 30% payable for the Services will be required when an order is placed, 60% payable upon completion of manufacture. The remaining 10% invoice will be paid upon completion of our Services as stated below (24). Any cancellations after our 5 working day free cancellation period will result in you losing your deposit;
- It is advisable that you do not decorate rooms prior to fitting to avoid any minor damage caused by installation;
- Unless stated otherwise, VAT has been included in all fees and costs.
- You acknowledge that our wood products are of the best quality although it may vary in grain or colour.
- We will not make any significant changes without your permission and agreement
15. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Basis of Sale
16. The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.
17. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
18. A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier’s delivery of the Services to the Customer.
19. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 60 days from its date, unless we expressly withdraw it at an earlier time.
20. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
21. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier’s business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier’s and the Customer’s simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier’s and the Customer’s simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
Fees and Payment
22. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
23. Fees and charges include VAT at the rate applicable at the time of the Order.
24. Payment for Services must be made within 7 days of invoice. You must pay in cash, by cheque, or by BACS using the account details we have given you on our invoices.
25. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
- in the case of Services, within a reasonable time; and
- in the case of Goods, without undue delay and within the time period given for estimated delivery once the Goods have entered production.
26. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances, and we have not delivered within that period.
28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.
30. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
31. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
32. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
33. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
34. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
36. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
38. You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later than 5 working days from the day the Contract was entered into. If you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods and Services which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods or Services.
- To conduct your right to cancel, you must in inform us either verbally or in writing: Made Bedrooms & Interiors, Client Services, 6-8 Brunel Road, Corby, Northamptonshire, NN17 4JW, telephone number 01536 697996, email address: email@example.com
You must inform us of your decision to cancel in a clear statement by phone call, email, or post.
- If you submit a cancellation within the 5 working day cancellation period, you will receive any deposits and fees back to you and there will be no liability between you or us.
- If you cancel after this period but before the survey of the site, you will lose only the 30% deposit you paid to us.
- If you cancel between the survey and the fitting date, if agreed by us, you will be subjected to the following fees:
– Prior to manufacturing of goods but after survey, you will pay £150 as well as the loss of the 30% deposit;
– If we have commenced in manufacturing the goods but have not completed, you will pay up to 50% of the total contract price;
– If we completed manufacturing the goods, you will pay up to 75% of the total contract price;
– Any remaining unpaid sums after the date originally due will attract interest at a rate of 2.5% above the base rate of HSBC Bank plc.
- If any outstanding debts have not been paid to us after 45 calendar days, we reserve the right to instruct a debt collection agency to undertake recovery services in order to collect any money owed to us including any interest owed. This may involve debt collectors contacting you on our behalf and/or visiting your property.
Conformity and Guarantee
39. We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.
40. Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
41. It is not a failure to conform if the failure has its origin in your materials.
42. We will supply the Services with reasonable skill and care.
43. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered and will not reduce your legal rights.
44. We will provide the following after-sales service: We will install their order and provide any support regarding the order after installation, including 6 years of warranty care from the point of installation completion including replacement components due to defective materials (excluding damage caused by accident or environment, and any sun-bleaching) free of charge.
45. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering this Contract. Anything you consider is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination, and suspension
46. The Contract continues as long as it takes us to perform the Services.
47. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
- commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
- is subject to any step towards its bankruptcy or liquidation.
48. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
49. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
51. For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
- ‘GDPR’ means the UK General Data Protection Regulation.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
52. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
53. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure
54. For any enquiries or complaints regarding data privacy, you can email: firstname.lastname@example.org.
Successors and our sub-contractors
55. Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
56. In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and the right to cancel below.
57. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction, and complaints
58. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
59. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
60. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs, customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 business days, but up to a maximum of 8 weeks. If we are unable to resolve your dispute, we will issue a final response and acknowledgement letter.
61.We aim to follow these codes of conduct, copies of which you can obtain as follows:
– FCA from https://www.handbook.fca.org.uk/
– British Furniture Manufacturers from https://www.bfm.org.uk/membership/code-of-practice/
62. If you so wish, the Financial Ombudsman Service will look into your complaint so long as you contact them within six months of our final response letter:
Financial Ombudsmen Service
London, E14 9SR
Telephone: 0800 023 4567
Further information can be found on their website: www.financial-ombudsman.org.uk
Last updated: 08/11/2022 4:25pm