Consumer, Trade & Press Terms and Conditions of Sale
You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Website.
By placing an order through our Website, you warrant that: You are legally capable of entering into binding contracts; and You are at least 18 years old.
How the contract is formed between you and us
Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched or is ready for collection (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation. If we are unable to accept your order we will inform you of this by email. This might be because the product is out of stock, due to unexpected limits on our resources or because we are unable to meet a delivery deadline which you have specified.
Where you are contracting as a consumer, you may cancel the Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price you paid for the Products in accordance with our refunds policy.
To cancel a Contract, you must inform us in writing, by post to Holmestead Garden Furniture, Korcsport Ltd. Gainsthorpe Road West, Kirton Lindsey, DN21 4JL or by email to [email protected] .You must also return the Product(s) to us at Holmestead Garden Furniture, Korcsport Ltd. Gainsthorpe Road West, Kirton Lindsey, DN21 4JL within 14 days of notifying us in writing that you wish to cancel the contract, in a new and unused condition and in the original packaging, and at your own cost and risk. Your refund will be in full and will be made within 14 days of us receiving the Products. You have a legal obligation to take reasonable care of the Products while they are in your possession. Please note that you will not have any right to cancel a Contract for the supply of any Bespoke Products which are made specifically to your order, for example products which we have upholstered in the fabric of your choice or products which have been altered in size, colour or design.
Descriptions and Product Information
We try to show Products on the Website and in our brochure as accurately as possible. Despite this, slight variations may occur. For example the colour of the Product may vary in accordance with wood and paint batches and image enhancements. All sizes of Products specified on the Website are approximate only. As most of our Products are hand-made, their actual sizes can be up to 2-3cm larger or smaller than specified on the Website and we ask you to take account of this when carrying out your measurements and/or considering whether to purchase a particular Product.
Delivery will be made to the address specified when you complete the order. You may alternatively choose, when ordering, to collect your Product(s) from our warehouses in Kirton Lindsey, DN21 4JL during our business hours of 9am to 5pm Monday through to Friday. These options are available at the time of order and therefore please select either “delivery” or “customer collection”. We use a variety of delivery methods depending on the size of the Product you order and the speed with which you wish to receive it.
We aim to fulfil your order by the approximate delivery date provided or within the delivery period set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the dispatch confirmation, unless there are circumstances beyond our control which prevent us from doing so.
Where we have agreed a delivery date with you, by Dispatch Confirmation or otherwise or, if no such agreement was made, within 30 days of the order being placed, and delivery has not been made by that agreed date, you will be entitled to cancel the contract and be provided a full refund (including delivery costs) if you informed us, or it was clear in the circumstances, that delivery within this period was essential. If you do not wish to cancel the Contract you can provide a new reasonable deadline for delivery. If we fail to meet this new delivery date then you are entitled to cancel the Contract and be provided a full refund. If you did not inform us, or it was not clear, that delivery within the period was essential, you will not be entitled to cancel the Contract. It is your responsibility to check carefully that the Products you have ordered will fit into your home. You should check the dimensions of the space within which the Product will be placed and allow for the fact that the dimensions specified on the Website are approximate only and may vary by 2 cm either way. You should also measure any entrances, corridors or staircases the item must pass through, including space for maneuvering and turning. Should an item that you have ordered from us not fit and you want to return it, you will lose your delivery fee and may need to pay for the return transport of the product back to us. You may also be subject to a restocking fee that shall not exceed 25% of the item value. An appropriate and authorised person must be available at the delivery address to carefully check the Products and sign and acknowledge their receipt in a safe and satisfactory condition. Any defects to either the product or the property, must be reported immediately on 01652 245022 and signed for on the Delivery Note. Financial compensation will only be offered for defective products in accordance with our refunds policy. We aim to resolve the problem (replace the goods), not financially compensate for defective products. Holmestead Garden Furniture remain in line with health and safety requirements – and due to the prevailing culture of litigation we have to point out that we will NOT be held responsible for any damage to goods and/or property as a result of deliveries beyond the threshold of your property. Once you or a person on your behalf has signed the delivery paperwork we shall, in NO event, be held responsible for any damage to either your property or goods delivered. This decision is final. Please note that items delivered via a staircase and/or upstairs are carried out at the property owners own risk.
Once a delivery date and time slot has been agreed with you, should you later need to cancel and re-schedule your delivery for whatever reason, you must inform us by 11am the (business) day before your delivery is due. Should you fail to cancel the delivery by 11am on the business day before your delivery is planned, we reserve the right to charge a second delivery fee to re-schedule your delivery. Should you then for whatever reason choose to cancel your order, we will refund you for the goods (excluding your original delivery charge). If you require delivery to be made to an alternate address, i.e. a neighbour or family member, we require your consent in advance via email to include the name and address of the person who will be signing for delivery on your behalf. We will not deliver the goods elsewhere without your prior consent via email. Collecting from Holmestead Garden Furniture, Korcsport Ltd. Gainsthorpe Road West, Kirton Lindsey, DN21 4JL. It is the customer’s responsibility to check an item before signing for it and leaving the premises. Once the item has left our premises we can not be held liable for any damage to the item.
Risk and Title
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges and the delivery/collection note has been signed by you (or your representative).
Pricing and Payment
The price of any Products will be as quoted on our Website, except in cases of obvious error. We reserve the right, in any event, to also cancel and refund any orders we receive which contain Products sold at incorrect prices. The prices of the Product exclude delivery costs. Delivery costs are then added to the total amount due as set out in our Delivery Guide based on your geographic location. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. We will normally verify prices as part of our Dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product(s) to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation/Receipt, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing.
Payment for Products can be made by cheque, BACS transfer, credit or debit card acceptable to us or PayPal.
Price Promise: We will do our best to match cheaper pricing. Product(s) must however be identical and produced from the same supplier. Products must be offered by comparable businesses and not through any auction sites. We reserve the right to decline. Our decision is final in any event.
Voucher codes: Will expire after one use per customer. To be redeemed by the recipient only. Excludes clearance, sale and trade priced items. Voucher codes are issued as incentives and are not to be used in conjunction with any other offers. We reserve the right, in any event, to refund orders received using voucher codes if necessary. Please ensure voucher codes are used at the time of ordering! We are unable to refund voucher code discounts after orders have been placed. There is no cash alternative. Holmestead Garden Furniture may withdraw this offer at any time. Our decision is final.
When you return a Product to us because you have cancelled the Contract within the statutory fourteen-day cooling-off period, once the item is back with us and has been QC checked, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which we receive the item back from you or, if earlier, confirmation of return. In such a case, we will refund the price of the item in full, excluding the cost of delivery. However, you will be responsible for the cost of returning the item to us or us collecting it from you. We are happy to arrange a collection for you, and we shall discuss a collection charge at the time of enquiry.
Items cannot be returned to us because they are unsuitable after the fourteen-day cooling off period referred to above unless we agree or they are faulty. If we agree that an item may be returned, it must be returned in perfect re-saleable condition and in the original packaging and may also be subject to a re-stocking fee. All returned items will be thoroughly QC checked by our internal warehouse staff to ensure that faults reported match faults visible. Our decision on this is final. Such fees will not be payable if the item is faulty.
Bespoke products made specifically for you, either in size, colour will NOT be refunded or cancelled unless they are faulty after the initial order has been placed/paid for in full or part. These products are produced specifically for you. If you have any questions or concerns relating to this then please call or email us before placing any orders. Our decision will be final and we hope you understand why we have to highlight this.
If you believe that any of our products are of an unsatisfactory quality, please immediately contact Customer Services on 01652 245022. Please also send us photographs of any alleged defects so that we may assess the situation. Where a product is defective you will be entitled to a full refund within 14 days of delivery of the item to you. After the period of 14 days following delivery of the item to you has expired, you will not be entitled to a full refund unless we have first been given the opportunity to repair and/or replace the item. If we do not repair or replace the item within a reasonable period, or the item is still defective following repair and/or replacement then you can either keep the item and request a reasonable reduction in the price or return the item and be entitled to a full refund.
We warrant to you that any item purchased from us through our website is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied.Our liability for losses you suffer because of us breaching the contract is strictly limited to any losses which are a foreseeable consequence of us breaching the contract. Losses are foreseeable where they could be contemplated by you and us at the time the order is accepted by us. This does not include or limit in any way our liability for death or personal injury caused by our negligence or under section 2(3) of the Consumer Protection Act 1987 or for fraud or fraudulent misrepresentation. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or loss of data however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Holmestead Garden Furniture, Korcsport Ltd. Gainsthorpe Road West, Kirton Lindsey, DN21 4JL or by email at [email protected] may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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.
Rights and Obligations
You may not transfer or subcontract the contract, or any of your rights or obligations arising under it, without our prior written consent. We reserve the right to transfer, assign, novate or sub-contract the contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
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 events outside our reasonable control (Force Majeure Event). No financial compensation will be offered to our customers, in any event, for lateness of goods received to us which are manufactured overseas. Nor will any financial compensation be offered for defective products. We aim to resolve the problem (replace the goods), not financially compensate for defective products.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within thirty days of receipt by you of the Products).
Law and Jurisdiction
Contracts for the purchase of Items through our website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.