These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website. It assists us in providing the best possible service to you for our respective commitments and responsibilities to one another to be clearly defined at the point of sale. These commitments are set out below and we request that you read them.
"Conditions" means these terms and conditions; "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; "Users" means the users of the website collectively; "Personal Information" means the details provided by you on registration; "We/us" means The Minel Group Limited t/a Home & Stove; "Website" means the website located at www.homeandstove.co.uk or any subsequent URL which may replace it; "Cookies" means small text files which our website places on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this website.
INTELLECTUAL PROPERTY AND RIGHT TO USE
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our suppliers or trading partners. You are permitted to use this material only as expressly authorised by us or our suppliers or trading partners. You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other 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, publish, display, distribute, commercially exploit or create derivative works of such material and content.
COMPLIANCE WITH LAWS
The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.
LIMITATION OF LIABILITY
While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
If any part of the conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions. *any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or *any loss of goodwill or reputation; or *any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions. Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These conditions govern our relationship with you. Any changes to these conditions must be in writing and signed by both parties. You confirm that, in agreeing to accept the conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the conditions.
The conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
Home & Stove
19 Dean Street
Newcastle upon Tyne
USE OF THE WEBSITE
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions. All data is controlled and held by The Minel Group Limted t/a Home & Stove who are fully PCI compliant.
You warrant that:
*The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
* You will notify us immediately of any changes to the personal information by contacting us via e-mail.
* You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (eg the URL you came from, IP address, domain types etc), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us. You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:
· Processing your orders;
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
Your personal information may be disclosed to third parties but only to help process your order. The Minel Group Limited t/a Home & Stove requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. We will not release your Personal Information to any other company for mailing or marketing purposes. You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information we are entitled do so.
You always have the right to revoke prior permissions and given consents at all times. You also have the right to correct, request or delete any held personal data. Please contact us at firstname.lastname@example.org to do so.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Customer Services Manager
Home & Stove
19 Dean Street
Newcastle upon Tyne
We reserve the right to:
THIRD PARTY LINKS
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
PURCHASE OF PRODUCTS
It is your responsibility to advise us at the time of ordering your furniture online of difficulties that may be encountered when delivering to your property, ensuring this information is documented in our online checkout process or in writing to email@example.com quoting your order number and billing post code. Safe access to the room of choice must also be considered ensuring the route is clear. Any costs incurred effecting delivery will not be the responsibility of Home & Stove i.e. door or window removal etc. Home & Stove is only responsible for delivery to your front door.
We always give delivery and lead times in good faith but cannot be held responsible for any direct or indirect loss due to any reasonable delay or delays due to unforeseen circumstances outside of our reasonable control.
If for any reason a piece of furniture cannot be delivered due to access problems, or delivery appointments missed, it will remain the property of the customer, any further attempts to deliver by Home & Stove will incur a delivery charge.
POST DELIVERY (GUARANTEE)
We guarantee all goods for two years. This guarantee does not cover any defect, fault or damage which arises through general wear and tear or misuse (misuse includes any failure to care for the goods in accordance with any care advice we give you or is made available on firstname.lastname@example.org.) Notification of any defect needs to be made to either the store of purchase our customer service department (0191 222 0402) as soon as possible. This guarantee applies to Mainland U.K. only. Please note this guarantee does not affect your statutory rights.
We require you to inspect your goods purchased through our website thoroughly upon delivery and sign a despatch note to confirm goods have been received and the furniture, and your property, have been left in good condition. Should a defect or fault be apparent with your furniture you should make a note of the problem on the despatch note or notify us in writing as soon as possible. If the defect is covered by our guarantee the goods will be repaired by us or alternatively, at our option, we will provide replacements.
If you notify us within the guarantee period of any defect or fault which your goods have developed, provided that our inspection confirms that the defect or fault is covered by our guarantee, we will take such measures as may be necessary to rectify the problem to your reasonable satisfaction.
If, after supplying replacement goods on one occasion, we cannot satisfy your requirements due to faulty items, we reserve the right to uplift the faulty goods, refund any monies due and consider the order cancelled.
If for any reason goods are not paid for in full prior to delivery the goods remain the property of The Minel Group Limited t/a Home & Stove.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
CONTRACT CREATION AND ELECTRONIC CONTRACTING
The technical steps required to create the contract between you and us are as follows:
- You place the order for your products on the website by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the website.
- We will send to you an order acknowledgement email detailing the products you have ordered from the website. This is not an order confirmation or order acceptance from The Minel Group Limited.
Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered, unless we have notified you that we do not accept your order or you have cancelled it in accordance with our terms & conditions.
Non-acceptance of an order may be a result of one of the following reasons:
- The product you ordered online being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error online.
- You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
- The contract will be concluded in English.
DESCRIPTION OF PRODUCTS
Each product purchased online 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 times and after-sales service. 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. Images are for illustration purposes only.
All of our online product prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the products ordered plus delivery charges as set out in the delivery section of this website. Payment can be made by any of the methods specified in the payment section of this website and payment will be debited and cleared from your account upon order. All goods purchased from our website must be paid for in full before delivery. You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
REFUSAL OF TRANSACTION
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this website whether or not that product has been sold; removing or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun. To be eligible to purchase products on this website and lawfully enter into and form contracts on this website under English law you must: - Register by providing your real name, phone number, e-mail address, payment details and other requested information. - Be over 18 years of age - Stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not accepted.
By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.