E-Commerce T&C

 

TERMS AND CONDITIONS FOR THE ORDER AND SALE OF GOODS AT THIS WEBSITE

The following Terms and Conditions apply only to orders placed via the thru the looking glass website.


INTRODUCTION

We are: Figuregrade Ltd, trading as ‘thru the looking glass’, (hereinafter referred to as ‘thru the looking glass’). Our physical address is: 55-56 North Street, Chichester, West Sussex, PO19 1NQ.

Our email address for contact by customers purchasing goods on this website is: onlinesales@thruthelookingglass.co.uk (our ‘contact email address').

Our Company Registration No. is 2905196 and our registered office is situated at Spofforths, Unit A2, Yeoman Gate, Yeoman Way, Worthing, West Sussex, BN13 3QZ. Our VAT number is 643 3417 52.

thru the looking glass specialises in contemporary and traditional furniture, accessories and gifts, which are available to buy online, at our store in Chichester or over the phone.

When visiting this website and/or seeking to purchase any goods from this website you agree with us that the Terms and Conditions set out below apply.

Please note that these Terms and Conditions do not affect your statutory rights.

In raising an order on this website you warrant to us that you are over 18 years of age.


CHANGES

1. You agree that we have the right to amend or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you agree that we are not liable to you for any losses or damage occasioned to you, or any third party, as a result of any amendment to, or withdrawal of, this website.

2. You agree that we have the right to change these Terms and Conditions from time to time and you confirm that your continued use of this website and any purchases from us made thereunder, are subject to such Terms and Conditions as amended.

3. It is your responsibility to check regularly to determine whether these Terms and Conditions have been changed. If you do not agree to these Terms and Conditions in their entirety, you must stop using this website immediately.


INFORMATION AND DATA PROVIDED AND UPLOADED BY YOU

4. You agree that any information or content provided by you on this website whether or not in connection with an order of any goods is truthful and accurate and the provision of such and your use of this website, does not amount to any breach of the law of any country with jurisdiction over your use of, and purchase of goods on, this website, or of the rights of any other individual or organisation, and that should any complaint be raised of defamation of any person or organisation or other breach of the rights of others or of a breach of any law or regulation, that you will fully indemnify us and keep us fully indemnified against all claims, rights, demands in law arising therefrom, or incurred by us as a result in any way of any breach of this clause. In particular you agree that we have the right to remove any content uploaded by you to this website for any reason whatsoever and without notice to yourself.

5. You agree not to upload to, or transmit through, the website any viruses, bots, trojans or other forms of malware or anything else that can disrupt the normal operating processes of this website or of any equipment operated in connection therewith and in particular not to upload any material which is defamatory, offensive or of an obscene nature or otherwise in breach of any law of any country that has jurisdiction over the operation by you of this website.

6. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. You will update immediately any changes to your personal information in your 'account details' on the website.


WHEN THE CONTRACT BETWEEN US IS FORMED

7. Any description on this website of any goods which can be purchased from us is an invitation by us, to you, to put to us an offer to buy the goods at the price shown. We will refer to this offer to buy as your 'order'.

8. Even though you may pay to us the price for such goods, we do not, by enabling the payment, accept your order.

9. Your order will not be accepted until such time as we are able to check that there has been no error in the description or price displayed for the goods, your credit has been approved, the receiving address has been verified and that we have the goods in stock – or, in the case of ‘made to order’ goods or products that are ordered in, the manufacturer has confirmed they can supply – to enable us to deliver the goods as ordered. We may send you an email acknowledging your wish to purchase the goods but this is not acceptance of your order. We will confirm our acceptance of your order by sending to you an email ('the acceptance email') that is clearly to that effect, at which point a legally binding contract will be formed, but not before. Up until the time when we send that acceptance email, we reserve the right to cancel the order for any reason by notice to you to that effect, whereupon we will make full reimbursement to you of the purchase price paid.


PRICES

10. All prices shown for goods on this website are quoted in £ GBP Sterling and include UK Value Added Tax at the appropriate rates.

11. If so stated on the website along with the price, you will also pay a delivery charge, as indicated in ‘Your Basket’. In the absence of such a statement, the delivery charge will be included in the price charged for the goods. Delivery charges apply to destinations within Mainland UK only. Destinations outside of Mainland UK will incur a delivery surcharge and customers should contact us for a quote.

12. Where a product is pictured on the website, the price quoted includes only the main product described and not any accessories or additional items shown, except where otherwise stated.

13. You must pay in full for the goods you order (including any applicable delivery charges) at the time of placing your order.


USE OF THE PURCHASED GOODS

14. Unless, in response to a request by us, you state to the contrary when submitting the order, you undertake that you will not make use of the goods for any business, trade or professional purpose and that you do not have the intention, at the time of purchase, of a resale of such goods or any part of them at some time in the future.


DESCRIPTIONS

15. You agree that we accept no liability whatsoever for any misunderstanding on your part as a result of anything that you have read about us in any medium or on any website, whether or not linked to or from this website, other than as stated by us or on this website.

16. Whilst every reasonable effort is believed to have been made to ensure the accuracy of information on this website, you agree that errors can, notwithstanding, appear in the content. You agree that no liability whatsoever rests with us for any errors or incorrect statements.

17. On being notified by you, by email to us to our contact email address, within 7 (seven) days of delivery of the goods, of any error that is of significance to your decision to purchase the same, we may offer to you, at our discretion, an opportunity to cancel the order with a full refund.

18. Notwithstanding any decision by us to offer to you a refund, you also agree that there is no liability on us whatsoever for any damage or loss that may arise in any way as a result of any such error or incorrect statement.

19. You agree that images, graphics, photographs, specifications, swatches and descriptions on this website are for illustration and guidance only and the actual goods may differ from as shown. Dimensions are approximate and some variation may occur, particularly with hand made items and those crafted from wood and other natural materials. Natural materials such as leather, wood and some fabrics, have natural variants of colour and we therefore cannot guarantee exact colour matches. Colour variation can also occur due to the different properties and screen settings of monitors and computer equipment being used to view the product(s) and swatches. If an exact colour match is important, please contact us before ordering.

20. We reserve the right to withdraw any goods from sale for whatever reason whether before or after receipt of an order from yourself.

21. In some cases, goods may be described as only to be sold to customers above a minimum age or within a particular country or geographical area. It is your responsibility to establish whether or not such age or location requirement is met by yourself and, in the absence of notification to us at our contact email address prior to dispatch of the goods that it is not met, any prejudice, damage, cost, right or claim following as a result, is to be met in full by yourself.


DELIVERY

22. Estimated delivery lead-times are detailed on each product page of the website. Delivery will be as per these lead-times unless a different date is specified in any email from us. In the case of any products that are ordered in, we (or our Furniture Delivery Service) will contact you when your order is in stock, to advise when your order will be dispatched, or to arrange a convenient delivery date.

23. All delivery lead-times are based on delivery to Mainland UK – remote postcodes and postcodes outside of Mainland UK may have longer lead-times. Where an order contains more than one item, the longest lead-time will apply. If multiple deliveries are required, this may be possible, but a surcharge will apply – please contact us for a quotation.

24. Subject to it being within Mainland UK, delivery will be to the address given on the order. If delivery is to be outside of Mainland UK, delivery will be subject to payment of a delivery surcharge. If you live outside of Mainland UK, you will need to contact us so that we can advise delivery costs. We do not deliver outside of the United Kingdom.

25. You agree that either yourself or some other person aged 18 or over with appropriate authority from yourself, will be available at the delivery address to check the goods and acknowledge receipt of the goods in a safe and satisfactory condition. The goods will not be left unless signed for. If nobody is available to receive the goods, you will be given instructions as to how to contact the carrier to organise re-delivery. In this instance, we reserve the right to charge you reasonable storage (including insurance) costs if applicable and an additional delivery charge to re-deliver the goods to you. You agree that the offering up of the goods at your address satisfies our obligations to deliver under this contract and under any law or regulation in force at the time.

26. You agree that, whilst we will make every effort to ensure delivery is made as expected, delays can occur for a host of reasons, and that, therefore, we do not give any guarantee as to the precise date of delivery nor are we liable for any delay for whatever reason.

27. If for any reason delivery is not made by the date stated, as amended by any email from us, or generally within the period required by any law in force at the time, then you agree this contract of sale to you is at an end and you will accept reimbursement of the purchase price and delivery charges that you have paid to us in full satisfaction of any rights you may have under the contract or under law generally.

28. To find out more about our delivery rates and lead-times, please visit our Deliveries section.

29. Orders and deliveries in July/August and November/December will be subject to a delay due to the European Summer and Christmas factory closures. This delay is usually around   2-3 weeks.


ACCESS TO DELIVERY ADDRESS / DESTINATION ROOM

30. By accepting these terms and conditions, you confirm that you have checked that the items you have ordered will fit through any passages, stairwells, landings and doorways on the way to the destination room. You also confirm that you have advised us, when placing your order, of any restricted access outside the delivery address or destination room, i.e narrow lane, small or weak bridge, parking restrictions, living on the top floor with no lift etc. Any concerns or information regarding access – either inside or outside of the delivery address – must be recorded in the 'Delivery Instructions' section during the checkout process, as these factors could result in the delivery being more costly or taking longer than usual.


EXTRA DELIVERY CHARGES

31. Extra charges for delivery may apply in any of the following circumstances:

a) If you change the address where your goods are to be delivered.

b) If delivery is more costly and/or takes longer than it otherwise would have because of any special factors that you failed to tell us about.

c) If the goods need to be re-delivered because of access problems either inside or outside of the delivery address, or because the goods would not fit into the room for which they were intended.

d) If the goods need to be re-delivered because there was no one at the delivery address aged 18 or over to sign for the goods.

We will let you know if any extra delivery charges are payable and you must pay these charges before delivery or re-delivery (as appropriate) or, if charged after delivery, within 7 (seven) days of receiving notice of such extra delivery charges.

If delivery proves impossible on two or more occasions because of any of the above outlined problems, then we may cancel your order and deduct a charge for our administration, transit and storage costs. Delivery charges will not be refunded.


YOUR RIGHT TO CANCEL

32. If you are not intending when buying the goods to use them for business or professional reasons or trade purposes, whether or not also used for personal purposes, then, and subject to 35 below, you are entitled to cancel the order for any reason whatsoever up to seven (7) working days (excluding weekend and public holidays) following receipt by you of the goods. You must notify us if you wish to cancel, by email to our contact email address: onlinesales@thruthelookingglass.co.uk or by letter to our physical address: thru the looking glass, 55-56 North Street, Chichester, West Sussex, PO19 1NQ giving details of the items ordered and (where appropriate) their delivery. Notifying or attempting to notify us by phone is not sufficient. Cancellation must be by the person who placed the order.

33. If you cancel your order in accordance with such above rights on or after the goods have been received by you, you agree to return the goods to us at your own risk and cost. Goods must be returned to our warehouse: thru the looking glass, Unit D, Grain Stores, Tangmere Road, Tangmere, West Sussex, PO20 2ES. The delivery must be booked in by calling us to arrange a mutually convenient date / time beforehand.

34. You agree that the goods are not returned to us until safely received by us and, the goods must be unused and must include all original packaging, instructions, accessories and any free gifts and other items included when dispatched by us.

35. This right of return does not apply to:

a) made to order goods or goods that have been made and/or tailored or otherwise personalised, in whole or in part, to your own specification or requirement (the majority of our products are made to order goods of high value – orders for these goods are considered custom orders, which cannot be returned or cancelled)

b) self-assembly furniture once assembly is part or fully completed

c) divans, duvets, pillow products and mattresses, once unwrapped – this is for reasons of health and hygiene

d) videos, music or other digital products or software or recordable media whether on DVD, CD, CD-Rom or other medium, once they have been unwrapped and any seal broken

e) fresh food, flowers and other perishable goods

f) newspapers, periodicals and magazines

g) goods that for any reason cannot be returned

36. Pending return of the goods, you agree to take full care of the goods to avoid any damage occurring to the goods and that no damage does occur.

37. On cancellation as above we will refund you in full the purchase price but if the goods have been despatched, or the procedure commenced to dispatch them, not any delivery charge you may have paid.


FAULTY GOODS

38. You agree to give the goods a thorough check as soon as you receive them to ensure they are as ordered. We will accept no liability for shortages or damage to goods unless you note the damage at the time of delivery (or where this is not possible, note ‘unable to inspect on delivery’ on the delivery note) and notify us in writing within 5 (five) working days of receipt of the goods either at: thru the looking glass, 55-56 North Street, Chichester, West Sussex, PO19 1NQ or: onlinesales@thruthelookingglass.co.uk. Please mark your e-mail / letter ‘Delivery’.

39. If we agree that the goods may have been faulty on initial delivery to yourself, we shall collect the goods from you at our own cost and either, at our discretion, arrange to reimburse you the purchase price paid or provide to you with replacement goods of the same, or similar, specification. No refund will be processed until the returned goods have been received back into our warehouse, in their original packaging.

40. All goods returned as faulty will be checked and if found to have no fault will be returned to you, in which event you agree to pay to us any additional delivery costs incurred by us.

41. You agree that, other than for death or personal injury caused by our own negligence, and other than, where legally due from us, the return of any sums paid by you for goods ordered, we shall have no liability to you, or to others, whether in tort (including negligence), contract or otherwise for any loss or damage of any description including any indirect or consequential loss or damage, or any special or incidental loss or damage, or any loss of profit (direct or indirect), goodwill, reputation, or  business, third party claim or any other form of loss arising out of or in connection with any transaction or order created on or through, or as a result of information displayed on, this website and whether or not such was reasonably foreseeable at the time of such transaction.

42.  A person who is not a party to these terms and conditions shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.


OUT OF STOCK ITEMS

43. Sometimes, for a variety of reasons, items are temporarily unavailable. We usually alert you to this fact on the website, but occasionally, demand exceeds supply. If a product you have ordered is out of stock, we will notify you as soon as possible, dispatch the rest of your order as normal, and place the out of stock item on back order. We will give you the option of cancelling either the whole order or just the out of stock item, if you do not want to wait. The out of stock item will be delivered to you as soon as it becomes available, at a time convenient to you. An additional delivery charge may apply.


COMPLAINTS

44. If for any reason you wish to lodge a complaint, please notify us in writing at: thru the looking glass, 55-56 North Street, Chichester, West Sussex, PO19 1NQ or email us at: onlinesales@thruthelookingglass.co.uk and mark your correspondence ‘Complaint’. We will endeavour to acknowledge your complaint within 5 (five) working days.


SEVERANCE

45. If any section of these Terms and Conditions shall be deemed unlawful, void or for any other reason unenforceable or invalid, then such section shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remainder of the Terms and Conditions.


APPLICABLE LAWS

46. You agree that your use of this website and all transactions undertaken under it or otherwise between us are governed and construed exclusively by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the courts of England


DISPUTES

47. You agree that in the event of any dispute between us that you will, before issuing any proceedings in a court of law, agree to a form of online mediation conducted by an independent neutral provided by The Mediation Room (www.TheMediationRoom.com) or, if on request they are not able to supply a mediator, by any accredited mediator, and that you will make every effort to participate in such online mediation in order to reach a satisfactory resolution of the dispute with ourselves allowing for solutions that are proportionate and economic.