T&Cs

Definitions

F&H: Fleming & Howland Ltd. Kestrel Court, Bridgewater Close, Burnley BB11 5TE, United Kingdom Company No. 4510885 Products: sofas, chairs, footstools and any related materials as advertised for sale on the F&H website. Quotation: a document or online price that includes products and services provided by F&H directly which also takes into account delivery, taxes and legally binding terms of sale. Price list: a printed or digital product list with corresponding base prices. The digital price list published on the F&H website will always supersede printed versions and may be subject to alterations and surcharges. Standard: products that are published on the F&H website in the size and colour options as advertised on the corresponding product page. Bespoke: products that are customised in size, design, filling or upholstery including COM (Customers Own Material) i.e. outside what is classified as ‘Standard’ as advertised on the F&H website. Domestic use: use of furniture within a private residential home on a permanent basis. Commercial use: use of furniture within a commercial environment or public area. Stock Clearance Item: a product sold ‘as seen’ with a discounted price which is then non-returnable. Delivery To Port Only: a delivery service to a specified port (duties, customs charges and local taxes not included). Curb-Side: a delivery service to the street address only. White Gloves: a two-man service including placement of the article in the desired room, inspection for customer sign-off and packaging removal.

 

Terms & Conditions

Ordering 1.0 Any order for supply of furniture will be based entirely on these terms and conditions unless otherwise agreed in writing. 1.11 These terms and conditions of trading are governed by and are to be construed in accordance with the laws of England and Wales. 1.12 Terms & conditions are continually reviewed and therefore subject to change without prior notice. It is therefore important to read current terms published on the website here, which supersede any prior terms. 1.13 It is the customers’ responsibility to check all order details are correct. F&H will not be liable for any costs incurred directly or indirectly as a result of unchecked orders. 1.14 Any unintentional errors in quotations, pricelists, invoices or any other documents issued by F&H will be corrected without liability to F&H. 1.15 Payment terms are strictly 50% on order with the balance due prior to despatch. Goods will not be released until payment in full has been received. 1.16 As soon as your consignment is ready for dispatch, the outstanding balance will automatically be processed using the same payment details. This is an automated process in order to avoid delays and may take place earlier than expected. If you prefer to use a different payment method for the balance payment written notice is required in advance. 1.17 As F&H are an UK based company, all credit card transactions are processed in GB Pounds sterling. The price in your local currency will therefore be subject to fluctuations in the exchange rate which may affect the final price. F&H will not be held liable for any bank charges or fees incurred by the customers’ bank or Credit Card Company. 1.18 The normal production lead time required for fulfilment of order is approximately 8 weeks from receipt of a complete customer purchase order i.e. confirmation of complete customer requirements and deposit payment. Lead times vary and will be confirmed in writing for bespoke items. 1.19 It is sometimes possible to reduce this lead time however this must first be agreed in writing.

Products 2.0 Due to limitations in the printing process, digital imagery variations and monitor accuracies, ensure you request a material sample for approval. It is important to understand that, as F&H use natural materials, the colour may well vary from the original swatch. 2.11 As all furniture is hand-made to order dimensions may vary to those published on print or on the F&H website. A tolerance of up to 6cm each dimension is to be expected. This tolerance may vary depending on the product design and size. 2.12 Due to constant product improvements and developments, F&H reserves the right to amend elements of size and design without prior notice. 2.13 All leathers are hand selected for their natural characteristics. Every hide is different. Because the dyes and finishes penetrate to varying degrees in different parts of the hide, an attractive, variable finish is achieved. Hallmarks such as scars, creases, insect bites and veins add natural beauty and individuality to each hide. These irregularities in the grain should not be considered defects. 2.14 Areas of use such as the seat and arm will naturally become lighter in colour. Leather is highly resilient and durable, which over time, will adapt and change, enhancing its appeal. 2.15 It is perfectly normal for certain areas of the leather such as the pleats to show signs of stretching from new. This will develop naturally during the life of the furniture creating a softer more inviting look, an inherent quality of fine leather furniture. 2.16 Some fabrics will have natural characteristics. Velvets, for example, exhibit shading variations, crushing, lines and bruising, which create unique features. Fabrics selected for upholstered products may adopt a slightly different texture and appearance from those purchased by the meter due to fire resistant processing. None of these features is a sign of premature wear. They are natural characteristics which do not affect product quality. 2.17 For regular maintenance of leather upholstery, simply remove dust occasionally using a damp cloth. Off the shelf creams or conditioners are not advised and if shown to have been applied will jeopardise your warranty. 2.18 Liquids should be quickly removed using a clean cloth. Sweat or perspiration may cause harm to leather. In particular it can cause colour loss and cracking. 2.19 It is the customers’ responsibility to ensure any environment where the furniture is to be positioned is level and safe. Always protect your furniture from direct sunlight, as this will accelerate the natural ongoing discolouration process. Never place leather furniture against any heating source such as a radiator. 2.20 Avoid sitting on the edges of cushions or arms, as this may cause uneven wear and distortion of the padding and leather. 2.21 Certain non‐colourfast clothing such as denim can stain light coloured leather if it comes into regular contact. 2.22 Each piece that leaves the workshop is archived in case of future repeat orders. As leather and fabrics are subject to discolouration with age and use we will not always be able to guarantee an exact colour match.

Pricing (Private Clients) 3.0 All retail prices include VAT where applicable. 3.11 All retail prices include packaging materials that meet industry standard logistical requirements. Any extra packaging requests must be discussed and agreed beforehand whereby surcharges may apply. 3.12 Quotations are normally valid for one month from the date of issue unless otherwise stated. 3.13 An order is only contractually binding when a minimum 50% deposit has been received and confirmed by email. It is the responsibility of the purchaser to ensure funds are transferred. In the event of forgotten or misplaced funds, F&H will not be held responsible for any lost production time. 3.14 Title of all goods supplied remains with Fleming & Howland Ltd until such time as the goods have been paid for in full. 3.15 Unless otherwise stated prices do not include any local taxes or customs charges (refer to clause 4.13).

Pricing (Trade Clients) 3.0 All trade prices are exclusive of VAT, customs charges and local taxes. 3.11 Packaging costs are included for all orders worth over 2000 GBP or 5000 Euro or 8000 USD. A 10% surcharge will apply for any orders under this value 3.12 Quotations are normally valid for one month from the date of issue unless otherwise stated. 3.13 An order is only contractually binding when a minimum 50% deposit has been received and confirmed by email. It is the responsibility of the purchaser to ensure funds are transferred. In the event of forgotten or misplaced funds, F&H will not be held responsible for any lost production time. 3.14 Title of all goods supplied remains with Fleming & Howland Ltd until such time as the goods have been paid for in full.

Delivery 4.0 Delivery charges are included in the product price unless otherwise stated. The type of delivery service will vary depending on destination and will either be to port only, address only (curb-side) or a two-man ‘white gloves’ service. 4.11 For retail customers a two-man in-house delivery service is already included in the price for the following countries: United Kingdom, Ireland, Spain, France and USA. All other countries come under the commercial one-man delivery service (curb-side) and so it is important to ensure someone is on site to help unpack and bring the furniture into the building. 4.12 For areas that are not already covered, a two-man delivery service is available on request where possible (10-20% surcharge depending on address). 4.13 For delivery outside the EU, prices exclude any local duties, customs charges and taxes and so may be payable by the consignee on customs entry. Please check with your local customs office for more information. On rare occasions, the customs office may stop and check consignments as part of inland security. As these inspections are outside the senders’ control F&H cannot be held responsible for any related surcharges. 4.14 Where delivery is to an onward shipper or third party not contracted by F&H, it is the customers’ responsibility to ensure goods are checked for damages throughout this exchange of service. 4.15 Once your order is with the carrier, a delivery date is scheduled in within a few days. The carrier will subsequently contact you directly to inform you of this date. Please allow approx. 10 working days for this process to occur. 4.16 For practical reasons, it is usually not possible to specify an exact day/time with the carrier and so any agreed time slot will be dictated by the carrier directly in accordance with their scheduled runs. Any changes to this date must be notified directly with the carrier with reasonable notice otherwise a surcharge of 15% will apply to arrange re-delivery. 4.17 F&H will not be held responsible for any direct or indirect financial loss due to any delays, lost time or damage due to any unforeseen circumstances. 4.18 For insurance reasons it is imperative that you check all goods for damages on arrival and notify the driver immediately. On occasions whereby it is not possible to unpack and check product, any damage to the packaging must be noted. Failure to do so will jeopardise the insurance cover. 4.19 Any damages will either be repaired on site or at an approved workshop. In all circumstances F&H will require a photo of the damaged area to advise and resolve accordingly. Failure to provide such photo or unwillingness to co-operate will jeopardise F&H’s obligation to assist. 4.20 liability for such damage is limited to the repair, refund or replacement of the product up to the value of the original purchase price. Refunds will only be processed using the same payment method of the original purchase. 4.21 You must advise us in advance if there is restricted access to your street as a delivery surcharge may apply.

Guarantee 5.0 Fleming & Howland follow the guidelines and standards as set out by the Chesterfields Trade Association 2015. All Chesterfields are certified in accordance with the associations’ rules and regulations as set out by the Chesterfields Trade Association as outlined here. 5.11 The guarantor is Fleming & Howland Ltd. Kestrel Court, Bridgewater Close, Burnley BB11 5TE, United Kingdom. Guarantees are non-transferrable. 5.12 The internal frame guarantee is 10 years based on an average commercial use and 20 years for domestic use. This excludes wear and tear. The lifetime guarantee applies to all purchases on or after 1st September 2013. 5.13 Subject to clause 5.19, 5.20 and 5.21 all customers reserve the right to refuse delivery after unpacking and inspecting the goods. Refunds are processed within 24 hours using the same payment method as the original purchase. 5.14 After accepting delivery, customers reserve the right to return the goods within 60 days of the receipt date subject to clause 5.17. 5.15 After acknowledging the request to return goods, a collection date will be scheduled within 10 working days. Refunds cannot be made in full if there are any signs of damage or misuse. It is therefore imperative to ensure that the furniture is returned in the condition in which it was received. 5.16 Original packaging or equivalent packaging must be in place prior to arranging collection. The delivery company may refuse collection if packaging standards are not met. 5.17 Refunds are processed in full less any collection charges which will be advised in advance. Collection charges do not apply if goods are refused on delivery. 5.18 In all circumstances, the liability for the condition of the goods remain with the customer until goods are collected. 5.19 F&H are unable to accept the cancellation or return of orders with a value of more than £10,000. 5.20 F&H are unable to accept the cancellation or return of any bespoke or non-standard items as they have been specially made at your request. 5.21 The right to refuse or return trade orders, ex-stock or clearance articles does not apply. All ex-stock or clearance furniture is sold as seen and is non-returnable. 5.22 These guarantees do not include customers own material, fair wear and tear, neglect, abuse, or damage due to accidental damage or loss caused by a third party. 5.23 The cushion comfort guarantee is a free service that allows customers to exchange the cushion fillings over the postal service within 60 days of receiving their order. 5.24 The cushion comfort guarantee applies to designs with removable feather, fibre, and foam fillings of various compositions and is limited to two exchanges within the 60 day period to ensure the comfort level is met. 5.25 None of the above terms affect your statutory rights under UK law. 5.26 In the event of a claim please contact the place of purchase by providing a description of the problem along with photographic evidence. Failure to provide such material or unwillingness to co-operate will jeopardise F&H’s obligation to assist. 5.27 The claim will subsequently be processed and an inspection report presented with the recommended course of action. 5.28 F&H will endeavour to repair or replace the defective article free of charge. Refunds will only be offered if a suitable replacement or repair option is not available.

Protection & Privacy Policy 6.0 F&H host and maintain the web site from within England. Accordingly any claims or legal disputes relating to F&H products are governed by laws within England & Wales. 6.11 All personal data is processed in accordance with the Data Protection Act 1998. 6.12 F&H takes the privacy of its customers’ data very seriously. The F&H website can collect data on you from a variety of different sources including form submissions, requesting call-backs, feedback forms, use of cookies and tracking order history. Data is only collected when it enables F&H to provide a better browsing experience and ultimately a better service to you. 6.13 F&H do not sell, trade or rent this information to other third parties. All data will remain confidential and will be used only to help build a better user experience. 6.14 All purchases online are encrypted. Credit card details are processed using a secure connection called Secure Sockets Layer or SSL. SSL encrypts data and breaks it up into small pieces so that the information cannot be read by anyone wanting to intercept it. Credit card details are securely stored using Level 1 PCI compliant servers.

References

The Furniture Ombudsman: An independent not-for-profit organisation which specialises in providing Alternative Dispute Resolution services for consumers and retailers in the furniture, home improvement and floor coverings industries. http://www.thefurnitureombudsman.org/ Chesterfields Trade Association Ltd: A trade organisation setting the standards on the quality and craftsmanship of an authentic Chesterfield. Members are restricted to manufacturers within the UK that have been awarded the Chesterfields certification mark. http://www.chesterfields.com