Terms & Conditions
BY PURCHASING THROUGH THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS LISTED BELOW
These Terms and Conditions apply to online transactions only and do not apply to purchases made through Ward Brothers (Furnishers) Limited, 29-40 Waterdale, Doncaster. Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law and set out the terms under which Ward Brothers (Furnishers) Limited makes items available to you online.
“Buyer” means the consumer who buys or agrees to buy goods on this website.
“Goods” means all products listed on the order and the order confirmation e-mail.
“Consumer” has the meaning given in section 12 Unfair Contract Terms Act 1977.
“Delivery” means the delivery of the goods to the delivery address specified on the order.
Ward Brothers (Furnishers) Limited (“Ward Brothers”, “We”, or “Us”) reserves the right to change these Terms and Conditions when felt necessary, without notice to you and any changes will take affect on the day they are posted. Any such changes will be posted on this section of the website and your continued use of the website constitutes your agreement to be bound by the prevailing Terms and Conditions. We encourage you to familiarise yourself with the Terms and Conditions and in doing so, print and retain a copy for future reference.
1. DESCRIPTIONS, PRICES AND PRODUCT INFORMATION
1.1 We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur.
1.2 Every effort is made to ensure prices shown for goods are correct at the time the item is added onto wardbrothers.co.uk website. The price offered in respect of goods on the website may differ from the price offered at the same time in Ward Brothers (Furnishers) Limited retail premises situated at 29-40 Waterdale, Doncaster, South Yorkshire, DN1 3EY. We are under no obligation to honour any in-store price, offer or promotion in the event that it differs from those on the Ward Brothers website. Our prices are periodically reviewed.
1.3 If, by mistake, we have under priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before before we despatch the item to you. In those circumstances we will notify you of the correct price, so you can decide whether or not you wish to order the item at that price. If you decide not to order the item, we will give you a refund on any amount already paid for the item with accordance of our refund policy in section 8, listed below.
All prices are expressed inclusive of VAT and exclude delivery charges.
All deliveries within a 50 mile radius of our store are free of charge (excluding smaller items; e.g rugs and accessories, where a flat rate of £15 will be charged).
Request for delivery outside the 50 mile radius will be at the discretion of Ward Brothers (Furnishers) Limited and may be charged at a fee of £39, dependant on order total and address (for further delivery information refer to section 5 Delivery).
2. PURCHASE OF PRODUCT
CREATING THE CONTRACT
2.1 You place an order on the website by selecting an item and following the instructions.
2.2 You will have an opportunity to check and correct any input error in your order up until you click the submit order button.
2.3 After you have submitted your order you will receive an acknowledgement e-mail from us. Please note this email is an acknowledgement and not an acceptance of your order
2.4 If you are paying by credit card, we will authorize your debit or credit card payment. If you are paying by cheque, we will deposit your cheque on the first working day after we receive it
2.5 Once payment has been authorised, or your cheque has cleared, and we have determined the availability of stock, we will arrange for the delivery of goods to you. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually despatch an item to you. If we decline to supply an item to you and you have already paid for it, we will give you a full refund of any amount already paid for that item in accordance with our refund policy
2.6 We reserve the right to decline all or part of any order for whatsoever reason and should this occur we will email you with these details
2.7 It is recommended that you retain all e-mails relating to your order and contract
2.8 The details of your specific contract are filed by us. Should you want any information regarding your order you may contact us through our ‘contact us’ page or by telephone on 01302 811911.
3.1 If you purchase an item online, on the telephone or in-store, you will be charged for the item at the time you place your order. After this time you cannot amend your order (but please see our Cancellation Policy in section 7 below)
3.2 In the event there is insufficient stock to satisfy your order (where we indicate on the website we have stock available for immediate delivery or collection), you will be informed as soon as possible. A refund will be processed through your chosen method of payment (i.e. the credit/debit card or cheque used for the payment of the order)
3.3 All prices and charges on this website are quoted in UK pounds. The price you pay for your order is that price which is displayed on our website. Prices include VAT unless otherwise stated but exclude delivery charges if applicable.
4. SECURITY AND CLEARING
4.1 All credit and debit card payments that are made on our website are protected by a secure connection. This secure connection ensures that your credit and debit card information is encrypted prior to it being transferred to the bank for authorization
4.2 As an additional security measure, no credit or debit card details are stored once your order has been processed
5.1 Delivery will be made to the address specified when you complete the order. You have the option to collect some goods should you prefer from our retail shop situated at 29-40 Waterdale, Doncaster DN1 3EY
5.2 For deliveries outside a 50 mile radius of our Doncaster store the delivery may be carried out by our expert team or a third party trusted courier
5.3 We use a variety of delivery methods depending on the size of the goods you order and the speed you wish to receive it. For example some smaller goods may be delivered by post or courier and certain ranges of furniture are delivered directly by the supplier and the supplier will contact you to arrange delivery
5.4 Every item in our furniture range has its own unique delivery lead time that is updated regularly. Many items are made or manufactured to order and in some instances have been sourced from overseas, the delivery lead time reflects the time for delivery to your home. We aim to deliver your furniture within the time quoted when you place your order, however this is only an estimate and time shall not be the essence of any order. If circumstances change we will contact you. If however the order is delayed due to circumstances beyond our control, then we cannot accept any liability for consequential loss
5.5 Ward Brothers operate a fast paced transit warehouse and is therefore unable to hold goods for Buyers. Delivery must be arranged within 5 days of the goods arriving at our distribution warehouse. Ward Brothers retains the right to charge storage at the rate of £10 per week for goods that are not delivered within 2 weeks of receipt into our warehouse ( maximum £100 per order )
5.6 A signature is required at the point of delivery indicating the goods have been received. By placing an order, you are authorising us to accept a signature from another person on your behalf if you are not present at the time of delivery
5.7 If you are out when our delivery team arrives and we are unable to leave the goods, a card with a contact number will be left for you to call them and arrange an alternative date. Please note there will normally be an additional charge for re-delivery
5.8 Ownership of the goods will not pass to you until we have delivered them to you (either directly or by leaving it with a neighbour)
5.9 When an item is delivered, risk of damage to or loss of the goods passes to you
6.1 Before placing an order, please check that the items of furniture will fit through any passages, stairwells, landings and doorways on the way to the destination room and that it will fit in its intended location
6.2 Should you have any concerns over access please contact us through the webpage or by telephone 01302 811911.
7. CANCELLATION OF ORDER
7.1 When you order using Ward Brothers website you have the right to cancel your order up to 14 days following receipt of the goods by informing us, in writing, during this period that you are cancelling the contract (e-mails are accepted). Certain goods are exempt from this ‘cooling off’ period, including beds, mattresses, pillows and mattress protectors that have been taken out of their sealed packaging in which they were delivered, and special order or bespoke items ordered
7.2 If you have not received the goods at the time of cancellation of the contract and we have not processed the goods for delivery, we will refund to you all the monies paid by you for the goods in the same form of payment originally used for the purchase as soon as possible, and in any event within 30 days of your cancellation being accepted
7.3 If you have not received the goods at the time of cancellation of the contract, but we have processed the goods for delivery, and they are en route, you must not unpack the goods when they are received by you. You are the owner of the goods once they have been delivered to you and you are liable for their loss or destruction. The goods must be returned to us as soon as possible. We will refund to you all the monies paid by you for the goods in question in the same form of payment originally used for the purchase, as soon as possible and in any event within 30 days of your cancellation being accepted
7.4 If you have already received the goods at the time of cancellation of the contract, the goods must be returned to us as soon as possible. You are the owner of the goods once they have been delivered to you and you are liable for their loss or destruction. The goods must be returned to us at your own cost and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Alternatively, Ward Brothers or their agents will collect the goods for a collection fee of up to 20% of the order value.
7.5 We will refund to you all the monies paid by you for the goods in question, including the costs of delivery, in the same form of payment originally used for the purchase as soon as possible, and in any event within 14 days of receipt of the goods back from you, provided that the goods are returned by you and received by us in the condition they were in when delivered to you.
7.6 Should the goods not be adequately packaged at the time of collection, they will not be collected and Ward Brothers retains the right to charge a further fee for ‘re-collection’ to cover costs incurred. This ‘re-collection’ charge will be deducted from the refund value
7.7 If you do not return the goods to us we shall be entitled to deduct the cost of recovering the goods from the amount to be refunded to you
7.8 Following collection or return, should the goods be found to be damaged (i.e. not in their original condition), and the damage is not the result of our actions or negligence, Ward Brothers will deduct a reasonable amount from the refund to cover such damage (such an amount not to exceed the price of the goods).
7.9 Should the Buyer unreasonably fail or refuse to make the goods available to us when requested within 21 days, then the goods must be kept and good care taken of them until they are collected or returned
7.10 No refund shall be made until the goods have been collected/returned and an inspection made as to their condition
7.11 Due to the intimate nature of beds, mattresses, pillows and mattress protectors etc such items are exempt from the statutory cooling off period under the Distance Selling Regulations when they have been unsealed. Therefore, for reasons of health and hygiene any beds, mattresses or bedding that has been unsealed will be deemed to be used and cannot be returned for any reason other than a manufacturing fault. Also the right to return goods to us will not apply in the following circumstances:
a) In the event that the product has been used
b) Any product that has been made or specifically customised for you
The provisions of this clause 7.10 do not affect your statutory rights
8. REFUND POLICY
If you are entitled to a refund we will refund you as follows:-
8.1 If you paid cash and wish to obtain your refund in-store, we will refund you in cash up to a limit of £500.00; for all other refunds of cash purchases we will send you a cheque
8.2 If you paid by payment card, we will refund you on the payment card
9. DAMAGED OR DEFECTIVE GOODS
9.1 Every effort will be made to ensure that the goods you have ordered arrive undamaged and without defect
9.2 If the goods are found either to be damaged or defective in any way at the time of delivery please contact 01302 811911 immediate advice. If damage is discovered after delivery, you must contact us within 7 days of the delivery of the goods
9.3 If the goods are damaged and we are unable to repair the item to manufacturing standards, we will send a replacement item upon confirmation that the damaged item has been returned to us. Repair turnaround time is dependent on the relevant manufacturer’s current workload (or third party agents we may use). We will not accept claims for losses you suffer during this time.
9.4 If the goods are found to be defective we will refund all monies paid by you for the goods in question (including any delivery charges) together with any return delivery charges you may have reasonably incurred if you have undertaken to return the items yourself, in the same form of payment originally used for the purchase, as soon as possible
9.5 Where goods are reported faulty later than 7 days after delivery, we reserve the right to arrange an independent inspection and if the goods are found on inspection not to be faulty but the result of fair wear and tear, negligence or wilful damage, Ward Brothers retains the right to charge £40.00 for the inspection to cover its costs. This charge will be taken from the debit/credit card used to purchase the goods. The Buyer and Ward Brothers (Furnishers) Limited shall both agree to be bound by the results/findings of the independent inspector.
9.6 If the fault caused by accident, misuse or negligence – any remedial work will be on a chargeable basis. An estimate will be e-mailed to you and confirmation of acceptance is required within 10 days
10. CANCELLATION BY US
We reserve the right not to accept any order request if we have insufficient stock to deliver the goods you have ordered, or we do not deliver to your area, or one or more of the goods was incorrectly described or priced on the website, or the payment transaction could not be authorised
11. CONTRACTUAL CAPACITY
In order to be eligible to enter into a contract with us to purchase goods through the website, you must provide the required information including your real name, payment details including your card address, your delivery address if different from your card address, e-mail address and telephone number and you must be over the age of 16
12.1 These terms and conditions shall be governed by and construed in accordance with English law and you hereby agree to be subject to the jurisdiction of the Courts of England and Wales. All contracts are concluded in English
12.2 We do not warrant that materials/items for sale on the website are appropriate or available for use outside the United Kingdom.
13. DATA PROTECTION AND PRIVACY
14. ENTIRE AGREEMENT
14.2 Nothing stated by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us
14.3 Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading
15. SERVICE ACCESS
15.1 While we endeavour to ensure that this website is available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period
15.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control
16. VISITOR MATERIAL AND CONDUCT
16.2 You are prohibited from posting or transmitting to or from this website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) For which you have not obtained all necessary licenses and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data)
16.3 You may not misuse the website (including, without limitation, by hacking).
16.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 16.1 or 16.2
17. LINKS TO AND FROM OTHER WEBSITES
17.1 Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
17.2 If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:
(a) You do not remove, distort or otherwise alter the size or appearance of the Ward Brothers logo;
(b) You do not create a frame or any other browser or border environment around this website;
(c) You do not in any way imply that we are endorsing any products or services other than our own;
(d) You do not misrepresent your relationship with us nor present any other false information about us;
(e) You do not otherwise use any Ward Brothers trade marks displayed on this website without our express written permission;
(f) You do not link from a website that is not owned by you; and
(g) Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 17.2 for breach of these terms and to take any action we deem appropriate.
17.3 You shall fully indemnify us for any loss or damage we may suffer or incur as a result of your breach of clause 17.2.
19.1 While we endeavor to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.
19.2 The material on this website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.
20.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of our companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this Website.
20.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
20.3 If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
20.4 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Ward Brothers shall be subject to correction without any liability on the part of Ward Brothers Furniture.
20.5 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.
21. CUSTOMER SERVICES
If you have any queries please contact us
Ward Brothers (Furnishers) Limited is a company registered in England whose registered office is at:
Company Registration Number 689749
VAT Number 182 1974 48