Ekornes Limited Web Shop Terms & Conditions
Please read these terms and conditions carefully before ordering any products. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions. If you do not agree to these terms and condition you must not order any Product through our Website.
If you have any questions relating to these terms and conditions, please contact our Customer Service team by e-mail at firstname.lastname@example.org, or call us on 020 7462 0440 Monday to Friday, 8.30am to 4.30pm. All calls to Customer Services will be charged at the local rate (BT users only, other network charges may vary), and both inbound and outbound calls may be recorded for quality monitoring and training purposes.
Contract means our contract of sale with you for your purchase of the Products, which is formed when we send our acceptance e-mail (see clause 2.3 below).
we/our/us means Ekornes Limited.
Product means a product displayed for sale on the Website.
Product Description means that part of the Website where certain terms and conditions in respect of the individual Product are provided. This includes any Specific Conditions relating to the Product.
Specific Conditions means any details, terms and conditions in respect of an individual Product. Some Specific Conditions may only be defined after certain selections are made during the order process.
Website means the Website located at www.ekornes.co.uk or any replacement URL adopted by us.
you/your means a user of the Website
Recipient means the individual taking physical delivery of the Products at the time of delivery. This may be any individual present at the Delivery Address at the time of delivery and may not be the individual named in the Delivery Address.
Delivery Address means the specific address indicated for delivery during the order process, as confirmed on the emailed Order Confirmation.
1. Information about us
www.ekornes.co.uk is a Website operated by Ekornes Limited, a company registered in England and Wales (company registration number 1109326). Our registered office is at Kings Court, 2-16 Goodge Street, London, United Kingdom. Our VAT number is GB240 6698 53.
2. Ordering products
2.1 You can place orders for Products with us by following the order process outlined on our Website. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order.
2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. It is your responsibility to ensure that all information and addresses are complete and correct.
2.3 All orders are subject to acceptance by us. We will send you an email to confirm acceptance. The contract between you and us will only be made when we send you this email to confirm acceptance. We will send a further email when your order is ready to be dispatched.
2.4 Unfortunately we can't stop an order once it has been dispatched by us. If you change your mind about your order after this point you can only return the Product to us in accordance with the returns policy below in clause 10.
2.5 Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered in accordance with our delivery terms (see clause 7). This includes ensuring that the Product ordered:
2.5.1 will fit into your room of choice;
2.5.2 can be transported to the front door of the Delivery Address;
2.5.3 can be transported through the front door of the Delivery Address and all intervening doorways into the room you have chosen,
and that there are no other issues that could make delivery more complicated, impossible, or unrealistic.
2.6 You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
2.7 You may only purchase Products from our Website if you are over 18 years old.
3.1 All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after placing an order if, for any reason, the Products you have ordered are not available or are subject to any delay.
3.2 If we are unable to supply you with a Product, for example, because it is out of stock or because of an error in the price (see clauses 5.4 and 5.5 below) we will inform you of this by email and will refund you the full amount as soon as possible.
4. Product images and description
4.1 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your screen will display the colours accurately or reflect the colour of the Products. The Products that are delivered to you may vary slightly from those images.
4.2 Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
4.3 Although we have made every effort to be as accurate as possible, the measurements indicated (including weights, dimensions and capacities) shown on our Website are approximate only.
4.4 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 when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information (including Product Descriptions) appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order.
5. Prices of Products
5.1 The price of any Product will be as quoted on our Website, except in cases of an obvious error.
5.2 The price of any Product may change from time to time, but changes will not affect any order we have accepted.
5.3 The price of a Product includes VAT (where it applies) but excludes delivery charges, which will be added to the total amount due (as shown on our Website during the order process and in clause 7). If the rate of VAT changes between the date of your order and the date of acceptance, we will adjust the VAT you pay unless you have already paid for the Products in full before the VAT change takes effect.
5.4 It is always possible that some of the Products listed on our Website may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-handling procedure 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 the 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 the rejection.
5.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.
6. How to pay
6.1 We can only accept payments through PayPal.
6.2 By submitting an order to us through our Website, you are confirming that the payment details provided on your order are valid and correct.
6.3 You must pay for the Products and all applicable delivery charges in advance and give us authorisation during the order process to activate your payment. Our payment provider will collect payment at the time you place the order. We will take possession of the payment upon despatch of your order, when the contract is complete.
7.1 The price of Products does not include delivery charges. Our delivery charges will be shown during the order process on the Website in addition to the price of the Products ordered before you confirm your order.
7.2 Delivery will be made by our nominated carriers.
7.3 Estimated delivery times quoted are for delivery to addresses within mainland England, Wales, and Scotland.
7.4 Our nominated carriers will make contact using the delivery contact details provided by you during checkout. Contact will normally be made within 24hours of the Products being ready for dispatch.
7.5 Products will be delivered fully-assembled to your room of choice on the ground floor of the designated Delivery Address. Products will be unpacked and packaging will be removed by the driver.
7.6 Our nominated carriers will require signature of a receipt for the physical delivery of the Product ordered. If you cannot take delivery yourself, we will treat anyone at the Delivery Address as being authorised by you to sign a delivery receipt on your behalf.
7.7 Any damage or omission must be highlighted by the Recipient to the driver before the Recipient signs for the Products. Damages highlighted after completion of delivery will be considered the responsibility of the Recipient, where such damage is obvious and could easily have been recognised by the Recipient during delivery.
7.8 Although we will make every reasonable effort to ensure your Products are delivered within the indicated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting the Product or our nominated carrier.
7.9 If no authorised person is available when our nominated carrier arrives, the Product will be returned to depot and you must make contact to re-arrange delivery. We reserve the right to charge you for the cost of any further delivery and for storage of the Products pending re-delivery.
8. Risk and Title
8.1 Ownership of the Products will pass to you once you have taken delivery of your Product and we have received full payment of all sums due in respect of the Products, including delivery charges.
8.2 The Products will be your responsibility from the time of delivery.
9.1 In most cases, it is possible to change an order prior to its being prepared for despatch.
9.2 If you wish to change your order, you must contact our customer service team by telephone (see our contact details below) to see if this is possible.
9.3 We will refund the full value of any successfully cancelled items within 14 days of cancellation, using the same method of payment as you used for the initial transaction unless you have expressly agreed otherwise.
9.4 Delivery charges will be refunded in full only when all items on the order have been cancelled. No partial refund of delivery charges will be given.
10. Returns and refunds policy
10.1 We hope you will be pleased with everything you have bought from us but you have a legal right to cancel your Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 by the deadline stated in clause 10.2 and return the Products ordered. This means that, if you change your mind or decide for any other reason that you do not want to receive or keep the Products ordered, you can notify us of your decision to cancel the Contract of Sale and receive a refund. Advice about your legal right to cancel the Contract of Sale is available from your local Citizens' Advice Bureau or Trading Standards office.
10.2 You must exercise your right to cancel the Contract of Sale no longer than 14 days after the day on which you receive the Products. If the Contract of Sale is for multiple Products which are delivered on separate days, the cancellation period ends 14 days after the day on which you receive the last of the Products ordered.
10.3 To exercise the right to cancel your Contract, you must inform us of your decision to cancel your Contract by a clear statement, including details of your name, billing and delivery address, details of the order you wish to cancel including the order number and your phone number and email address. You may email us a copy of the cancellation form available for download from our Website.
10.4 To meet the cancellation deadline when sending us your cancellation notice by e-mail, it is sufficient for you to send your cancellation notice by e-mail before the cancellation period set out in clause 10.2 has expired.
10.5 Your right to return Products does not apply to Products made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
10.6 If you wish to exercise your right of cancellation, you must take reasonable care of the Products until they are returned to us. You may handle the Products to the extent necessary to establish their nature, characteristics and functioning but otherwise the Products must be returned in the condition originally supplied.
10.7 If you decide to cancel, you must return the Products to us as soon as reasonably practicable and in any event within 14 days of such cancellation. You are responsible for arranging return of the Products at your cost to our returns address as stated on the Website.
10.8 If you cancel your Contract, we will reimburse you all payments received from you, including the delivery charges. However, we may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of any use of the Products or any unnecessary handling by you (i.e. any handling that goes beyond what might reasonably be allowed in a shop so as to check the characteristics or functioning of products on sale). If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way or used them, you must pay us an appropriate amount.
10.9 We will make the reimbursement without undue delay and not later than:
10.9.1 14 days after the day we receive back from you any Products supplied;
10.9.2 (if earlier) 14 days after the day you provide evidence that you have returned the Products; or
10.9.3 if no Products were supplied, 14 days after the day on which we are informed about your decision to cancel the Contract.
10.10 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
10.11 We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
10.12 You will have to bear the direct cost of returning the Products to our returns address. This cost is estimated at a cost of a maximum of £119 approximately.
10.12.1 You may arrange for return of the Products by using the services of our nominated carriers. Please refer to the returns page on the Website for details of our nominated carrier and how to arrange with them for a return.
10.12.2 You must ensure the Products are appropriately protected for return transport. If you arrange for return of the Products by using our nominated carriers, packaging will be provided.
10.13 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 10 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
11.1 Our basic Guarantee applies to Products ordered through the Website. Some elements of the Guarantee require additional registration.
11.2 By ordering through the Website, You agree that we will use the Billing details provided by you to register the Product for the full guarantee as outlined in clause 13.1.
12.1 If you are not entirely satisfied with your purchase please refer to our Customer Service Procedure. We will try to resolve any issues that you have as quickly as possible.
12.2 If you remain unhappy with our final response, you may be entitled to refer your complaint to The Furniture Ombudsman and we are bound to follow any decision that they make. To find out more about The Furniture Ombudsman and how you might be able to use their dispute resolution service, visit www.thefurnitureombudsman.org or telephone 0845 653 2064.
13. Your information
14. Our liability to you if you are a consumer
This clause 14 only applies if you are a consumer.
14.1 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 these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
14.2 We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for:
14.3.1 death or personal injury caused by our negligence;
14.3.2 fraud or fraudulent misrepresentation;
14.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
14.3.5 defective products under the Consumer Protection Act 1987.
15. Each of these terms operate independently
15.1 Each of the paragraphs of these terms and conditions operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16. Entire agreement
15.1 These Terms and Conditions of Sale set out the written terms of our contract with you for the purchase of the Products. If part of these Terms and Conditions of Sale cannot be enforced then the remainder of these Terms and Conditions of Sale will still apply to our relationship.
17. Updating these terms and conditions
17.1 We may modify or update these terms and conditions from time to time for reasons including: (a) changes in how our business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you.
17.2 Every time you order Products from us, the terms and conditions in force and available on our Website at the time will apply to the Contract between us.
18. Rights of third parties
18.1 Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
19. Law and Jurisdiction
19.1 These terms and conditions are governed by English law. This means that a Contract for the purchase of Products made through our Website and any dispute or claim arising out of or in connection with it will be governed by English law.
19.2 You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Scotland, you may also bring proceedings in Scotland.
20. Contacting you
20.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the Billing address you provide to us in your order.
If you have any queries about these terms and conditions, You may contact us on the following details:
2-16 Goodge Street
Telephone: +44 207 462 0440 (Monday to Friday, 8:30am to 4:30pm)
These Web Shop Terms and Conditions were last updated on 25.06.2015.