Terms & Conditions

Welcome to the Furniture Barn website terms and conditions for use. 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. These terms and conditions take precedent over any instore terms and conditions and govern all transactions on this website .

Before you place an order, if you have any questions relating to these terms and conditions please contact our team by email info@furniture-barn.co.uk, or call us on 0333 200 1558.

Included in these terms are

1. Who we are
2. Definitions
3. Use of the Website
4. Purchase of Products
5. Deliveries
6. Returns Policy
7. General

1.    WHO WE ARE

The Furniture Barn website is controlled by Lee Longland & Co Limited. Lee Longland & Co Limited is a company incorporated in England and Wales under company registration number 898944, VAT number 240 7837 05 Furniture Barn registered office address is  224 Broad Street, Birmingham B15 1AZ. Our Data protection number is Z8653039.

2.   DEFINITIONS

"Conditions" means these terms and conditions and the Special 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; "Special Conditions" means the terms and conditions in the Product Description; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration; "We/us" means Furniture Barn; "Website" means the website located at www.furniture-barn.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.

 3.   USE OF THE WEB SITE

3.1.   ACCESS

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.

3.2.   REGISTRATION

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 our head office by email, or calling us on 0333 200 1558 between 9am-5pm.

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.

3.3.   INDEMNITY

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

 3.4.   OUR RIGHTS

We reserve the right to:

modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website

3.5.   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

3.6.   RECOMMENDATIONS

When you use our website, you'll see that we offer you recommendations, showing products we think you might like and could perhaps miss when you're browsing the site.

These are based on your past purchases, top sellers, ratings and recently-viewed products. We determine your interests and suggest new products you may like; additionally we compare your interests and buying habits with the interests and habits of other customers, to show you relevant products.

Your recommendations may change when you make a purchase and move around the site. You might like to add products that interest you to your wish list for future reference.

We take reasonable care to ensure our recommendations are in line with your behaviour as a customer on furniture-barn.co.uk. Details of the products we recommend - such as price - are correct at the time recommendations are originally made to you, but can be subject to change without notice.

3.7.   PRIVACY

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 like .co.uk and .com), 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, or be used to present you with Furniture Barn products which are relevant to your browsing history when you visit other websites.

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail, SMS 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.You may unsubscribe from our contact list at any time by writing to us at Web, Furniture Barn, 224 Broad street, Birmingham, B15 1AZ or by email at info@furniture-barn.co.uk or calling us on 0333 200 1558.

Your Personal Information may be disclosed to other businesses within Furniture Barn and to reputable related third parties. Furniture Barn 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.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.

Please check back frequently to see any updates or changes to our privacy policy.

4.      PURCHASE OF PRODUCTS

4.1.   ORDERS

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.

The contents of contract (order) will be stored. For safety reasons your orders data is not available via the internet. Furniture Barn keep this data in confidence according to our Privacy Policy.

4.2.   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 web-site.

- We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Furniture Barn.

- Order acceptance and the completion of the contract between you and us will take place on the dispatch 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 the our terms & conditions.

Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock. 
- Our inability to obtain authorisation for your payment. 
- The identification of a pricing or product description error.
- You not meeting the eligibility to order criteria set out in the main Terms & Conditions. 
- The contract will be concluded in English.

4.3.    DESCRIPTION OF PRODUCTS

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 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 and colours are for illustration purposes only.

 4.4.    PAYMENT

All 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 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.

4.5.    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 acceptable.E&OE Excepted.

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.

5.        Deliveries

5.1    Delivery Leadtimes:

• Expected delivery lead times are shown on each product page on the website and will be shown on your Order Confirmation
• Please note we will take all reasonable care to ensure that all stock and lead times are correct at point of purchase online, but there can be discrepancies if stock or lead times change faster than our systems update.
• Upon placing your order, as soon as the supplier has confirmed the delivery date to us (usually 2-3 weeks prior to your expected delivery date), we will then contact you to confirm a delivery date & collect any outstanding balance owed
• Please note Order Cancellations cannot be accepted for delayed deliveries which are outside of our control

5.2    When you book your order:

• If ordering multiple items, your order will automatically be grouped into 1 order according to the longest lead time.
• If you would like the items delivered in a different way, please inform your sales person if ordering in store or contact us using the contact details below. Please note that you will be charged a separate delivery fee for each delivery.
• If you would like us to delay delivery to coincide with your renovations please inform your sales person or call the hotline. Please note that we will try and accommodate all requests but we have very limited space in our warehouse so if you choose to delay your delivery, we reserve the right to charge a storage fee of £7.50 per item per day
• It is extremely important that the items you have ordered are able to fit into your property without any alterations to the property or items purchased.  We cannot take responsibility for any items which do not fit into your property, however, as long as you notify us prior to delivery (ideally at point of order if in store or via the contact details below) of any restrictions or access issues, we will do our best to complete the delivery.  Any alterations made to your property to complete the delivery will be your responsibility and at your cost
• If we are not able to complete the delivery due to the items not fitting into your property & the order is therefore cancelled, we reserve the right to charge 40% of the cancelled order value
• Our standard delivery is using a 3.5t truck, so please ensure there are no access problems for this type of vehicle.  We cannot be held responsible for any failed deliveries due to access problems, but we can plan accordingly (& use a smaller van) if we are informed prior to delivery (ideally at point of order if in store or via the contact details below).
• If we are not able to complete the delivery due to vehicle access issues & we therefore need to complete a second delivery in a smaller (non-standard) vehicle, we reserve the right to charge an additional £59 for the failed delivery

5.3    Prior to Delivery

• Our Warehouse will call you approx. 2 weeks prior to delivery to confirm a delivery date with you
• We will also need to collect any outstanding balance a minimum of 14 days prior to delivery
• Please note we will not be able to confirm your booking until we have collected the balance
• If the balance remains outstanding 7 days prior to expected delivery date, storage charges will apply as outlined above
• If we attempt to make your delivery within the agreed scheduled time frame & you are not home to take receipt of your order, we reserve the right to charge £59 for a failed delivery

5.4    Drop Off Delivery Service:

• Our standard delivery is a 3.5t truck with specially trained 2 man delivery crews
• We will deliver your items to your room of choice 
• Please note the Standard delivery assumes furniture will be delivered to the ground floor & beds / bedroom furniture will be delivered to the first floor. Any variances to this must be notified to us in advance so that we can plan & schedule our vehicles accordingly. We cannot be held responsible for any failed deliveries whereby we are not notified in advance
• In order to keep our delivery lead times as short as possible, we do use selected third parties for certain areas & for peak periods, however the service to you will be to the same premium standard

5.5    White Glove Delivery Service:

• Our standard delivery is a L3.5t truck with specially trained 2 man delivery crews
• We will unpack & assemble your goods in your room of choice & remove all packaging
• Please note the Standard delivery assumes furniture will be delivered to the ground floor & beds / bedroom furniture will be delivered to the first floor.  Any variances to this must be notified to us in advance so that we can plan & schedule our vehicles accordingly.  We cannot be held responsible for any failed deliveries whereby we are not notified in advance
• In order to keep our delivery lead times as short as possible, we do use selected third parties for certain areas & for peak periods, however the service to you will be to the same premium, 2 man, white glove standard 

5.6    Where We Deliver:

• We deliver to mainland England, Wales & Southern Scotland, unfortunately we do not currently offer a delivery service to the Scottish Highlands

 *Standard Delivery Charges:

Additional Delivery Charges:

*Standard delivery is Furniture to ground floor & Beds / Bedroom furniture to first floor 

5.4.   Payment

Payment methods include Debit, Credit cards, Visa, Mastercard, Delta/Connect or Maestro. Payments can be made electronically by bank transfer, details will be provided on request. LEE LONGLANDS do not accept any responsibility for cash sent in the post and strongly recommend that you do NOT use this method of payment.

6.        Returns Policy

6.1.   Can I cancel my order before delivery?

 Items ordered from Stock:

• If the item you ordered was from our held stock you can cancel your order up to 2 days before its scheduled delivery, for a full refund
• If however you cancel your order within 2 days of its scheduled delivery, we reserve the right to charge you for a failed delivery at £59

Bespoke Items*, Made to Order, Special Order or Non-stocked Items:

• If the item you have ordered is not from our held stock, we would have commissioned a supplier to make the item especially for you, so therefore falls outside of the Consumer Contracts Regulations
• In these circumstances we will do our absolute best to cancel the order with the supplier but if we are unable to do so (because for example, the item has already gone into production), unfortunately we will not be able to accept a cancellation
• However, at the managers discretion & depending upon the item, we may be able to allow a cancellation but you would be required to forfeit 40% of the cancellation order value, to cover the costs borne by the company

6.2    Can I return my order after delivery?

 Items ordered from Stock:

• If the item you have ordered is from our held Stock, it falls within the Consumer Contracts Regulations
• You can therefore return your item within 14 days of it being delivered, for a full refund (including the delivery charge) 
• There is however a reasonable collection fee (per the matrix below) if you wish for us to collect the goods   
•   

Bespoke Items*, Made to Order, Special Order or Non-stocked Items:

• If the item you have ordered is not from our held stock, we would have commissioned a supplier to make the item especially for you, so therefore falls outside of the Consumer Contracts Regulations
• In these circumstances, cancellations will not usually be accepted, however, at the managers discretion & depending upon the item, we may be able to allow a cancellation but you would be required to forfeit 40% of the cancellation order value, to cover the costs borne by the company

For health & hygiene reasons we are not able to accept returns on the following items, unless unopened & sealed in original packaging (or faulty) :– Mattresses, Mattress Toppers or Protectors, Duvets & Pillows

 Upon receipt of your goods and after inspection to ensure they are in perfect condition, we will process your refund as soon as possible but no later than within 14 days

Bespoke Items* - these are items which we do not hold in stock, which have been customised specifically for you. Typical examples are when you select a fabric or leather, wood finish, specific feet or specific dimensions

Collection Fee Matrix

6.3.   Damaged or Defective goods

• Every effort will be made to ensure that the products you have ordered arrive undamaged and without defect.
• In the unlikely event that your goods are faulty, please contact our Customer Services Team within 7 days on 0333 200 1558 (Mon to Fri 9.00am to 4.30pm) or service@furniture-barn.co.uk

7.      General

7.1.   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 licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

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.

7.2.   Pricing

If, by mistake, we have underpriced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item to you. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the item at that price.

7.3.   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.

7.4.   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, 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:

• any economic losses (including without limitation loss of revenuesprofits, 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.

7.5.   Severance

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.

7.6.   Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

7.7.   Survival

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.

7.8.   Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Lee Longlands and you are expected to do. 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.

7.9.   Law

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.