TERMS AND CONDITIONS
‘We’, ’us’, ‘our’ means Newtons Furniture Company Limited.
‘You’, ‘your’ means the relevant or potential customer.
‘Order’ means your order for Products made via this site.
‘Products’ means goods which may be purchased by you from the Newtons website.
‘Website’ means the website at www.newtonsfurniture.co.uk or any successor site operated by us from time to time.
‘Goods’ mean the goods for sale on the website. It may also include any service that comes with the goods.
‘Furniture’ means beds and cabinet items made to your order such as wardrobes, chests of drawers and bedside tables.
‘Business Day’ means any day other than a Saturday, Sunday or any day which is a Public Holiday.
‘Delivery Fees’ means any fee applicable to the delivery of your goods.
The website is an official website of Newtons Furniture Company Limited and the copyright and the database rights are owned by Newtons Furniture Company Limited. Unless stated otherwise, we or our licensor's own the intellectual property rights in the website and the material on the website, together with all other trademarks, logos and trade names depicted on the website.
3. Limited Licence and Restrictions
You acknowledge and agree that the material and content contained on the website is made available to you for your personal and non-commercial use and that you may only download such material and content for the purpose of using the website to a single personal computer hard drive. Any use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, modify, publish, display, distribute, commercially exploit or create derivative works of such material and content from the website without our written permission.
4. Basis of Sale
All orders that you place on the website will be subject to acceptance as set out under these terms and conditions.
The following information lays out the information needed to create a contact between you and us;
Please follow the online instructions to place an order by pressing ‘Go to Checkout’, in doing so you offer to buy the Products at the prices indicated as well as any additional Delivery Fees.
An order acknowledgement email will be sent to you detailing the Products that you have ordered. This email acts as confirmation of your order and Newtons accepts it as such. Once we have accepted your order it becomes binding, subject to your rights of cancellation.
We reserve the right to withdraw any Products, sales literature, internet pages, price list and any other documents issued by the seller in relation to the Goods without notice, from the website at any time and/or remove or edit any materials or content on this website. Withdrawing any Product from this website or removing/editing any materials or content on the website will not render us to be liable to you or any third party.
To be eligible to purchase from the website and lawfully enter into and form a contract on this website, you must under English Law:
- Be over 18 years of age.
- Register the Order by providing your real name, phone number, email address and payment details.
- Provide a valid delivery address (please note that PO Box numbers are not acceptable)
- Possess a valid Credit or Debit Card issued by a bank acceptable by us.
5. Price of Goods
All prices are in Pounds Sterling inclusive of VAT at the current rates but exclude Delivery Fees.
The price of Goods shall be the prices listed on the website, and are current at the date that you place an order. We will use all reasonable care to ensure that all Products, information, promotions and pricing including VAT displayed on this website are correct and up to date at the time of your online order. Where Newtons has quoted a price that differs to the listed price of the Goods the price quoted will be valid for 30 days only or such lesser time as we may specify.
All reasonable care is taken to ensure that the prices are correct at the time of publication including VAT, if an error has been made we or you may cancel the whole or part order.
Due to circumstances beyond our control it may become necessary to raise our prices.
Where items are indicated as ‘Web Only ‘Price’ the price of the item is exclusive to the website.
All measurements given on our website and in our brochure are for the maximum exterior dimensions of any individual piece. Our beds take standard Single, Double, King or Super King size mattresses, there will be a gap of up to 3cm around the mattress to allow for expansion of the mattress when in use and to aid bedding changes and mattress turning. Please see the maximum internal frame dimensions below:
|KING SIZE BED||156cm||206cm|
|SUPER KING BED||186cm||206cm|
Our Products are not manufactured using mass production methods, and as such is deemed handmade. Every effort is made to ensure that the Products correspond as closely as possible to the samples displayed in our brochure or on this website but they may not be exactly the same. Fabrics and finishes may vary from the published images, as will variations occur in carving detail from piece to piece; this is not a design fault. Some of our Products have a distressed finish which will vary from Product to Product and due to the unique nature of handmade furniture slight imperfections and or variations in the finish or carving are to be expected. Sizes may vary in accordance with tolerances set out by us. All our products are designed to meet domestic use. We reserve the right to change or modify designs without prior notice to you if we feel that this is necessary. No responsibility can be accepted for these variations, which all add to the unique features of our Products.
Every effort has been made to ensure the accuracy of colour reproduction on this website, but colour may vary according to the settings of your monitor, software and printer.
7. Terms of Payment
We will ask for a 50% deposit at the time of your order placement. The balance being due before delivery is arranged. We cannot accept payment on delivery of the Goods. We will contact you at the time your order is in stock to collect the balance payments, you will need to have your card details available for us to process your balance payment.
You may pay on our website using Visa, MasterCard or Switch, you may also use Maestro or American express over the telephone.
You confirm that the credit or debit card being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation from the card issuer. If the card issuer should refuse payment or authorisation we will not be held liable for any delay associated with delivery.
Delivery fees are added at time of checkout and represent the amount you agree to pay for the delivery of your Goods. Some areas are not delivered to as a standard fee and a quote may be obtained for you. You may also wish to look at our Delivery page.
Please see the terms of cancellation in our ’Returns and Cancellations’ section.
10. Returns and Refunds
You may cancel this agreement if the items Products delivered are defective or faulty in any way. Products returned by you because they are faulty will be refunded in full (including all delivery fees). Alternatively, if we and you agree, we may supply you with a replacement or substitute Product.
If you cancel your order once it is ready for delivery or the items you have ordered are made to special requirements, we may reserve the right to retain an amount of your deposit, to cover any reasonable losses and expenses that we have suffered as a result of the cancellation.
If you wish to return items for a reason other than a fault we will issue a full refund minus the cost of delivery and collection of the product. The collection fee is calculated as 50% of your delivery fee.
We will refund any money received from you using the same method originally used by you to pay for you purchase. We will process the refund within 30 days.
11. Risk and title
The products will be at your risk from the time of delivery. Ownership of the Products will only pass to you after we receive full payment of all sums due in the respect of the Products (including Delivery Fees).
12. Website Content
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time the relevant information was uploaded onto the system. Although we aim to keep the website as up to date as possible, the information including Product Descriptions may not always be exact.
13. Liability and Warranties
Nothing in the terms and conditions limits our liability for death or personal injury caused by our negligence or fraud.
Our liability in connection with any product purchased through our site is strictly limited to the higher purchase price of the relevant Product and the replacement cost of the relevant product. We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including Negligence), breach of contract or otherwise, even if foreseeable. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this agreement caused by events outside our reasonable control .We warrant to you that any Product you purchase through our Website will be of satisfactory quality.
14. Amendments to these terms and Conditions
We reserve the right to amend these terms and conditions at any time. Any such amendments will take effect once uploaded to our website and it is your responsibility to read the terms and conditions on each occasion that you use the Website, your continued use of the website will be seen as acceptance of the latest terms and conditions.
If any provision of this agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement.
17. Events outside our control
17.1 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).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e) Impossibility of the use of public or private telecommunications networks. (f) The acts, decrees, legislation, regulations or restrictions of any government.
17.3 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.
All our furniture is guaranteed for 12 months from the date of delivery into your home or the date of collection from our warehouse. This guarantee covers manufacturing faults only and accidental damage is not covered. We reserve the right to exchange or repair on an individual basis as we see ift. Refunds will not be offered for items over 14 days old. This guarantee covers furniture for domestic use only.