Terms and Conditions of Supply of Products [old]
- What these terms cover. These are the terms and conditions on which we supply products to you.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- you are an individual; and
- you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between you and us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms and conditions.
Information about us and how to contact us
- Who we are. We are Fran Hickman Design & Interiors Ltd., a company registered in England and Wales. Our company registration number is 08000125 and our registered office is at 34 Clifton Road, London, England, NW10 4RB. Our registered VAT number is GB198013301.
- How to contact us. You can contact us by telephoning our customer service team at +44 (0)20 3950 0771 or by writing to us at firstname.lastname@example.org or 34 Clifton Road, London, England, NW10 4RB.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Our contract with you
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it with an Order Confirmation (an email which provides details on the products you have ordered, the prices, and the lead time), at which point a contract will come into existence between you and us. If you do not receive an Order Confirmation from us, please email us at email@example.com as soon as possible.
- If we cannot accept your order. All products are subject to availability. If we are unable to accept your order because a product is no longer available, we will inform you of this in writing and will not charge you for the product.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- International orders. Our website franhickman.com provides all product prices inclusive of UK VAT. This means that customers purchasing products for shipment outside mainland UK will pay UK VAT at the time of placing their order. Such customers can then submit a claim with the relevant authority for a VAT refund at the time of shipment outside mainland UK. You may contact us on firstname.lastname@example.org for further assistance with orders to be shipped to addresses located outside mainland UK.
Our products and samples
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and finishes accurately, we cannot guarantee that a device’s display of such colours and finishes will accurately reflect the colour and finish of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website are approximate.
- Products may vary slightly from each other. If you are purchasing two or more of the same product, we recommend ordering multiples at the same time in the same order to ensure production is from the same batch. However, we cannot guarantee that products ordered at the same time will be exactly the same as each product is handmade. Also, our products are made using natural materials, such as wood, stone, and leather, which contain variations in colour, grain, and texture which may in turn result in variations between two or more of the same products.
- Products should be installed, used and maintained according to the Installation and Care Guides. If you are purchasing a product, we recommend following the storage, installation, commissioning, use or maintenance instructions contained in the Installation and Care Guide relevant to the product you wish to purchase. These guides can be viewed and downloaded on each product page and will be provided to you when your product is delivered.
- Ordering samples. You may order a sample of a product for which there will be a charge including delivery costs.
- Making sure your measurements are accurate. You are responsible for making sure that the product you are purchasing can be delivered into the property and within the area of intended use. You should ensure that the product will fit up stairways, through doorways, and any awkward or restricted space. We will not be held responsible should the product not fit into your property. You can contact us on email@example.com for further assistance on how to measure your space accurately for the product you intend to purchase. Please download our Furniture Delivery & Access Check Guidance from our Website for advice on how to take measurements and a downloadable PDF.
- Your rights to make changes
If you wish to make a change to the product you have ordered, please contact us within seven calendar days of placing your order. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes
Minor changes to the products and these terms. We may change the product and these terms:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address any safety hazards. These changes will not affect your use of the product.
- More significant changes to the products and these terms. In addition, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund in accordance with our refund policy stated in clause 6.
- Minor changes to the products and these terms. We may change the product and these terms:
Providing the products
- Delivery costs. An estimated cost of delivery will be displayed to you on our website if your shipping address is within mainland England and Wales. This estimated cost of delivery may be revised upwards due to factors including, but not limited to, the shipping address being outside Greater London and the M25 motorway, the shipping address being outside mainland England and Wales, the size and weight of the product ordered and / or the floor to which the product must be delivered. If your shipping address is located outside mainland England and Wales, please contact us to obtain a shipping quote. Please note that if your address is located outside mainland UK, you may also be responsible for any import duties and local taxes payable on delivery of your order. Any such import duties and local taxes must be paid by you to the carrier or local tax office before the product is released to you. We advise you to contact your local tax office if you require more information or guidance on import duties and / or local taxes.
- When we will provide the product. During the order process we will let you know when we will provide the product to you. The estimated delivery date given at the time of placing your order is our estimated lead time which is based upon the best available information concerning our manufacturers’ lead times and transportation times.
- We are not responsible for delays outside our control. If our supply of the product is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will keep you continually updated on the progress of your order until completion. Provided we do this we will not be liable for any delays caused by the relevant event(s).
- Arranging delivery. All our products are delivered either by our white glove delivery service or a standard delivery service, unless otherwise specified on the product page. You will be contacted in advance to arrange a convenient date and time to deliver your order. If our delivery team is kept waiting longer than 30 minutes at the delivery address provided to us by you, we will charge you an additional amount, this being our delivery service’s standard hourly rate for the vehicle in question. Our white glove delivery teams will deliver the product to the room of your choice and will unpack the product, take away the packaging, and place the product in the relevant room according to your instructions. Our delivery teams will not remove doors, windows, or any other fixtures to facilitate the delivery, and are unable to assist with the attachment of any products to walls or installation of any electrical items. Our standard delivery teams will deliver the product to your front door only.
- Accepting delivery. You will then be asked to sign the delivery note accepting delivery of the product. Please ensure that you have inspected the product thoroughly before signing the delivery note. If you choose not to accept delivery, please ensure this is recorded on the delivery note and please also contact us on +44 (0)20 3950 0771 so we can try to resolve the problem before the delivery team leaves the premises.
- Damaged products. If you are a consumer, any claim for damage to a product should be reported to us as soon as reasonably practicable and, if possible, within 24 hours of receiving the delivery by emailing us at firstname.lastname@example.org or calling us on +44 (0)20 3950 0771. If you are a business customer, any claim for damage to a product must be reported to us within 24 hours of receiving the delivery by emailing us at email@example.com or calling us on +44 (0)20 3950 0771 as failure to make such claims within the specified time constitutes acceptance of the products as delivered.
- Access issues. If our delivery team is unable to deliver the product because the product does not fit into the property, they will take the product back to our warehouse until you can provide us with an alternate delivery address. It will be deemed that you have taken delivery of your order and you will be responsible for storage fees and the cost of any additional delivery attempts.
- If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery. Our delivery team will take the product back to our warehouse until you can provide us with an alternate delivery date and / or delivery address. It will be deemed that you have taken delivery of your order and you will responsible for storage fees and the cost of any additional delivery attempts
- If you do not re-arrange delivery. If you do not re-arrange delivery we will contact you for further instructions and you will be charged for storage costs and any further delivery costs for the product. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 2 will apply.
If you postpone or cancel a delivery. If you postpone or cancel a delivery:
- between 4 to 7 days before the scheduled delivery date, you will be charged 50% of the cost of delivery;
- 3 days before the scheduled delivery date, you will be charged 75% of the cost of delivery;
- 1 to 2 days before the scheduled delivery date, you will be charged 90% of the cost of delivery; or
- less than 24 hours before the scheduled delivery date, you will be charged the total cost of delivery.
- When you become responsible for the product. The product will be your responsibility from the time we deliver or attempt to deliver the product to the address you gave us or to a carrier organised by you in the case of orders delivered to addresses located outside of mainland UK.
- When you own the product. You own the product once we have received payment in full, including delivery charges, additional delivery charges pursuant to clauses 7.7, 7.8, 7.9 and 7.10, and any storage costs (as applicable).
- What will happen if you do not give required information to us. We will need certain information from you so that we can supply the product to you, for example, your personal details and selected materials and / or finish options. This will have been stated in the description of the products on our website prior to your purchase of the product and at the time of purchase of the product. If you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need at the time of placing your order.
Reasons we may suspend the supply of the product to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements; and / or
- make changes to the product as requested by you or notified by us to you (see clause 6).
- Your rights if we suspend the supply of product. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the product in accordance with our refund policy in clause 6.
- We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 5) and you still do not make payment within seven calendar days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 13.8). As well as suspending the products we can also charge you interest on your overdue payments (see clause 13.7).
Your rights to end the contract
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back). See clause 12 if you are a consumer.
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 2.
- If you are a consumer or business customer and have just changed your mind about the product, see clause 5.
- In all other cases (if we are not at fault and there is no right to change your mind) see clause 6.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 2.1 to 8.2.5 below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation, in accordance with our refund policy in clause 8.6. The reasons are:
- we have told you about an upcoming significant change to the product or these terms which you do not agree to (see clause 2);
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; and / or
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
- When consumers do not have a right to change their minds. Under the Consumer Contracts Regulations 2013, your right as a consumer to change your mind does not apply in respect of bespoke products. As all of our products are made to order, you do not have a right to change your mind about our products under the Consumer Contracts Regulations 2013.
- Our cancellation policy whether you are a consumer or business customer. Under our cancellation policy, whether you are a consumer or business customer, you may cancel your order within seven calendar days of placing your order. You cannot cancel your order after seven calendar days of placing your order. To cancel the contract with us in accordance with our cancellation policy, please let us know by calling customer services on +44 (0)20 3950 0771 or emailing us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Ending the contract where we are not at fault and there is no right to change your mind (our refund policy). Even if we are not at fault and there is no right to change your mind, you can still end the contract before it is completed, but you will have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and there is no right to change your mind, please contact us on +44 (0)20 3950 0771 or email us at email@example.com and let us know. The contract will end immediately. If you contact us within seven calendar days of placing your order, we will refund any sums paid by you for products not provided as well as delivery costs if applicable. If you contact us after seven calendar days of placing your order, we will refund any costs we have not incurred (such as delivery charges) but we will deduct from that refund the price of the product purchased as a result of your ending the contract after seven calendar days of placing your order.
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
How to end the contract with us
- Tell us you want to end the contract. To end the contract with us, please let us know by calling customer services on +44 (0)20 3950 0771 or emailing us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you may return them to us. You can either post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on +44 (0)20 3950 0771 or email us at email@example.com for confirmation of the return address or to arrange collection.
- When we will pay the costs of return. We will pay the costs of return if the product is faulty or misdescribed. In all other circumstances you must pay the costs of return.
- What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
- How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment.
- When your refund will be made. We will make any refunds due to you as soon as possible.
Our rights to end the contract
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within seven calendar days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your personal details and selected options; or
- you do not, within a reasonable time, allow us to deliver the products to you.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 within seven calendar days of placing your order, we will refund any sums paid by you for products not provided as well as delivery costs if applicable but may charge you a reasonable sum to compensate us for any extra work that was undertaken by us in one of the situations set out in clause 10.1. If we end the contract in the situations set out in clause 10.1 after seven calendar days of placing your order, we will refund any costs we have not incurred (such as delivery charges) but we will deduct from that refund the price of the product purchased as well as delivery charges if applicable as a result of your ending the contract after seven calendar days of placing your order.
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44 (0)20 3950 0771 or write to us at firstname.lastname@example.org or to 34 Clifton Road, London, England, NW10 4RB.
Your rights in respect of defective products if you are a consumer
- If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.4.
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must contact us on +44 (0)20 3950 0771 or at email@example.com. We will arrange collection of the rejected products from you and we will pay the costs of collection.
Price and payment
- Where to find the price for the product. The price of the product (which includes UK VAT but excludes delivery charges) will be the price indicated on the order pages when you placed your order. We reserve the right to amend the price of a product at any time. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
- Delivery charges. We take all reasonable care to ensure that the delivery charges advised to you at the time of placing your order are correct. If applicable, we will contact you to advise you of any extra cost involved in delivery of the product before we continue to process your order.
- When you must pay and how you must pay. We accept payment with Visa, Mastercard, American Express, Apple Pay and Google Pay. You must pay in full for the products, including any applicable delivery charges, at the time of placing your order.
- Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you if you are a consumer
- We are responsible to you for reasonably foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not reasonably foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised in clause 1; and for defective products under the Consumer Protection Act 1987.
- We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.
Our responsibility for loss or damage suffered by you if you are a business
- Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Except to the extent expressly stated in clause 11 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
- Subject to clause 1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the products under such contract.
- Nothing in these terms shall limit or exclude our liability for:
- How we may use your personal information
Other important terms
- We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another natural person or organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.