Terms and conditions
TERMS AND CONDITIONS OF ONLINE AND NON-ONLINE SALES TO A CONSUMER
Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products or Services. You should understand that by ordering any of our Products or Services, you agree to be bound by these terms and conditions.
The following terms and conditions are the terms on which Made Below Ltd sells products and supersedes all other terms and conditions relating to those products.
1 Information about us
We, Made Below Ltd, a business registered in England and having our registered office in Manchester. We operate the website www.madebelow.co.uk (our site).
2 How the contract is formed between you the Buyer and us the Company.
2.1 After placing an order, you will receive online notification from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product or Service. All orders are subject to acceptance by us. The contract between us (Contract) will only be formed when you receive the Products and/or Services (as applicable). The price (inclusive of VAT) for the Goods (“the Price”) shall be the quoted price of the Seller and payment of the Price shall be made by the Buyer upon agreeing to the Seller’s Terms and Conditions.
2.2 In the case of Products, the Contract will relate only to those Products which you receive. A contract for any other Products which may have been part of your order will be formed when you receive those other Products.
2.3 In the case of Services, these will be governed by the relevant terms and conditions applicable to the particular service, which will be available on the site to which your service relates – please check these terms and conditions before proceeding with your order.
2.4 The Company shall retain ownership of the Goods until they are paid for. If this occurs, the Buyer is responsible for taking reasonable care of the Goods whilst they are in their possession.
3 Your status
3.1 By placing an order through our site, you warrant that:
3.1.1 you are legally capable of entering into binding contracts;
3.1.2 you are at least 16 years old; and
3.1.3 that you are not resident in a county where making a payment to our site, in line with these terms and conditions would breach any laws in that county.
We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. All other warranties, conditions or terms relating to fitness for purpose, merchantability, satisfactory quality or condition whether implied by stature or common law are excluded in so far as permitted by law.
5 Cancellation rights
5.1 In the case of Products, if you are contracting as a consumer, you have a statutory right to cancel your Product order for any reason and receive a full refund, except in the case of certain products listed in paragraph 6.2. You will receive a full refund of the price paid for the Products (excluding postage costs). Your statutory right to cancel a Contract relating to the purchase of a Product starts from the date when you receive the Product (when the Contract between us is formed). If the Products have been delivered to you, you may cancel at any time within 7 working days, starting from the day after you receive the Products. In the event that you received a Product that is damaged on delivery then please inform us of this in writing as soon as possible. If a Product is returned to us damaged and you have not informed us that the Product was damaged when you received it then we may refuse your right to cancel or receive a refund.
5.2 You will not have any right to cancel a Contract for the supply of any made-to-measure or personalised products.
5.3 In the case of Services, your cancellation rights vary depending on the service that we are providing you with. A cancellation fee may be applicable. Please refer to the particular terms and conditions that relate to the Service that you are receiving in accordance with paragraph 2.3.
5.4 In the case of Products, to cancel a Contract, you must inform us in writing. If the Products have been delivered to you, you must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession.
6 Transfer of rights and obligations
6.1 We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under your Contract with us.
6.2 You may only transfer your rights and obligations under your Contract with us if we agree to this in writing.
7.1 Product and Service prices include VAT, where applicable. 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 or Services in full before the change in VAT takes effect.
7.2 Product and Service prices and delivery charges are liable to change at any time, but changes will not affect orders for Products and/or Services which you then take steps to fulfil/receive within a reasonable time of such order.
8 How we use your information
9 Our liability to a consumer
9.1 If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence. Loss or damage is foreseeable if it was an obvious consequence of our breach or it was otherwise contemplated by you and us at the time we entered into the relevant Contract.
9.2 We only supply the Product and Services for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples)
(d) defective products under the Consumer Protection Act 1987;
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
This paragraph 12 does not apply if you are contracting as a business. If you are contracting in the course of business please see paragraph 13.
10. Our right to vary these terms and conditions
10.1 We have the right to revise and amend these terms and conditions from time to time.
10.2 You will be subject to the policies and terms and conditions in force at the time that you order Products and/or Services 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).
11 Our contract with you if you are a consumer
If you are contracting as a consumer, we intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
12 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication by us to you will be electronic. We will contact you by email or provide you with information by posting notices on our site. 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.
13 Third party rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them.
The failure of either party to exercise or enforce any right conferred on that party by these terms and conditions shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 16 above.
15 Force majeure
We reserve the right to defer the date of delivery or to cancel a Contract for all circumstances beyond its reasonable control, including but not limited to any strike, lockout, disorder, fire, explosion, accident or stoppage of or affecting our business or work and which prevents or hinders the delivery of the Goods or the performance of the Services.
16 Intellectual property rights
Unless otherwise stated, we or our licensers own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
17 Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise.
However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
19 Governing law and jurisdiction
The laws of England and Wales shall govern this agreement.
Deliveries and returns
As all of our furniture is individually handcrafted to order; finalising designs can be a bit timelier than if they were manufactured in factories. However, we do aim to ship all of our items of furniture to you within 6 weeks. For your ease; the majority of our furniture is delivered ready made.
There are 2 simple options for delivery:
2) Courier Shipping Service
We use a number of professional one-person couriers who will deliver items to your door. Please note that it is then your responsibility to arrange access and carry items into your property. The carrier will contact you within 2 working days after dispatch to arrange a convenient delivery date. The day before your scheduled delivery, you will receive a 3 hour time slot. CERTAIN POSTCODES will incur additional fees.
3) If you live nearby we do run an open workshop policy. So you are very welcome to come and collect items yourselves. For deliveries outside of the UK mainland please do contact us to discuss international shipping options and costs.
Unwanted items should be returned within 14 days of delivery in its original condition and packaging. Items marked down in a sale are non refundable.
As all of our items are hand made to order, we are not an off-the-shelf company so all of our items will have slight differences to the ones pictured. Wood is a natural and alive product. We of course will do our absolute best to replicate exactly what is seen here. No piece of wood or furniture is the same.
We are happy to accept returns as long as we are contacted within 7 days of delivery and the item is returned in perfect condition within 14 days of delivery.
As with the nature of the products, the following items are not accepted as returns unless delivered damaged or defective.
-Bespoke, customised or personalised items
Conditions of return
Buyers are responsible for return shipping costs. If the item is not returned in its original condition, the buyer is responsible for any loss in value.
Unfortunately we can’t cover the cost of return delivery so you will have to make your own arrangements for a return. If you require help with a return please contact us and we will assist where possible. However, if you are a returning item due to a ‘fault’ then return delivery costs do not apply.
Please email us at firstname.lastname@example.org before you organise to return your order so we know its on its way, please be sure to include a copy of your order with your returned item(s) so we know who it’s from. Once returned to our workshop safely we will process the refund.
We strongly recommend you use a registered service for returns as this is your responsibility. If you have any questions about our service please do not hesitate to contact us.
*fault* The item arrives faulty – As per our statement Wood is a natural living breathing material. If over time the item becomes unusable then we will offer solutions, re-installation/repair or a replacement. We need to have the original returned to us at the buyers cost and we will do the rest.
We can not offer refunds on these items.