Terms and conditions for online and telephone orders

Welcome to Banbury Modern Furniture website. The following Terms and Conditions apply only to orders placed via the Banbury Modern Furniture website or via telephone orders placed with the Online Sales team on 01295713745 and website use. They do not affect your statutory rights. Your continued use of this website constitutes your agreement to be bound by these terms and conditions which shall also govern all transactions on the website or over the telephone to the exclusion of any other terms and conditions.

Banbury Modern Furniture Limited ("Banbury Modern Furniture ", "we", or "us") reserves the right to change these terms and conditions from time to time without notice to you and any changes will take effect 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. You will be requested to read and accept these terms and conditions every time you place an order. For this reason we encourage you to review them whenever you use this website to ensure that you are familiar with the latest terms and conditions. We also recommend to all our customers to print and retain a copy of the terms and conditions for future reference.

Before you place an order, if you have any questions relating to these terms and conditions please contact our Online team by email or call us free of charge on 01295713745 for further assistance. 


A. Purchase of products
1. Creating the Contract
1.1 After you have submitted your order you will receive an order acknowledgement email from us. Please note that this email is an acknowledgement and not acceptance of your order.
1.2 We reserve the right to decline all or part of any order for whatever reason and should this occur we will contact you with these details.
1.3 If we do cancel your order we will notify you by email and will refund to you any sum paid by you to us in respect of the contract as soon as possible, and in any event within 30 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
1.4 The creation of the contract between you and us will take place upon the successful delivery or collection of any part of your order unless we have notified you that we do not accept your order as outlined in 1.2. 
1.5 It is recommended that you retain all emails relating to your order.
1.6 The details of your specific order are filed by us. Should you want any information regarding your order you may 
contact us.
1.7 If you want to make any changes to your order, e-mail us or telephone us on 01295713745 for further assistance. Please note that when merchandise is ordered at different times we cannot guarantee colour matching due to variations between batches. Changing an order may cause a delay with your delivery time and may alter the price you have been quoted.

2. Payment
2.1 Your chosen payment type, (Debit card, credit card or PayPal) will be charged when you submit your order at the final stage of the checkout whether you are paying in full or have only chosen to pay a deposit. This includes deposits prior to the finance application if chosen and therefor regardless of the finance applications loan decision.
2.2 When you place your order and opt for the deposit payment option, you agree for us to automatically take the remaining balance before delivery on the same card you paid the deposit with.  If we are unable to collect payment we shall not be obliged to make delivery to you and will not do so until payment is collected.
2.3 We reserve the right to decline all or part of any payment for whatever reason and should this occur we will contact you with these details.
2.4 All prices and charges on this website are quoted in UK pounds. Prices include VAT unless otherwise stated but exclude delivery charges.
2.5 If we discover an error in the quoted price of goods that you have ordered, then we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling the order. If we are unable to contact you we will treat the order as cancelled and you will receive a full refund.

3. Security and Clearing
3.1 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 is encrypted prior to transfer to the bank for authorisation.
3.2 As an additional security measure, no credit or debit card details submitted online are stored directly by us once your order has been processed. They are stored in encrypted form by our payment providers, SagePay.
3.3 If you have authorised us to obtain a second or final payment of your order on your chosen debit or credit card, we will use the same secure connection to request these monies to be transferred to the bank for authorisation. Your CV2 number is not retained by our Secure Payment Provider (SSP).

4. Delivery of goods to you
4.1 We will deliver the goods you have ordered to the address you give us for delivery at the time you place your order. 
4.2 We aim to deliver your furniture within the time quoted on our website when you place your order unless the delivery post code is outside a 40 miles radius from our distribution warehouse. These are quoted as the estimated length of time that we believe we can deliver the order to you based on stock levels and/or delivery times provided to us from our suppliers. Where multiple items have been ordered, we will endeavour to deliver them all together before the longest delivery time quoted, unless a split delivery is specifically requested. A requested split delivery will be subject to a further delivery charge. If the circumstances of your order change, we will contact you. If, however, your order is delayed due to circumstances that are beyond our control, then we cannot accept any liability for any losses incurred as a consequence of that delay. 
4.3 We do not have the storage space to store items for any period of time.
4.4 You will become the owner of the goods at the time of delivery provided we have received payment in full, however you will be liable for their loss or destruction in any case.
4.5 Where applicable, and this is in most cases, our expert Premier Delivery Service team will carefully install your new furniture in your home, exactly where you want it (subject to access). They will then remove all wrappings and packaging and dispose of them for you. 
4.6 All deliveries will be pre booked and must be signed for. If you are out when our delivery team arrives, they will leave a card with a contact number for you to call them and arrange a delivery at a future date. Please note that there may be an additional charge for failed delivery where the failure to deliver is no fault of ours, or where less than 48 hours’ notice is given of a customer cancellation. 

5. Access to the destination room
5.1 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.
5.2 Should you have any concerns over access, then please note them on the comments box on your order or contact us by email or call for free on 01295713745 for further assistance. 

6. Cooling Off Period (applicable to online orders only.)
6.1 Under the Consumer Contracts Regulations of 2014, you are entitled to cancel your contract, but only if you exercise this right no longer than 14 days after the day on which goods are received. This is the statutory cooling off period. After this period has expired there is no right to cancel.
6.2. Under UK law, the statutory cooling off period has certain exclusions: 
i. Bespoke items. These are goods that have been ordered to the unique and exact specifications of a customer. Simply selecting a colour from a range of colours (upholstered furniture) available or your product being made to order does make your furniture bespoke under this clause. Such products are excluded from the Consumer Contract Regulations. We reserve the right to apply return processing fee (restocking fee) if we accept a return of such product.
ii. Pillows or mattress protectors that been taken out of its sealed packaging. 
iii. Mattresses or divans that have not been used with a mattress protector.
iv. Self-assembly items have been partially assembled.
6.3 In order to exercise the right to cancel, you must inform us in writing via email or post including your order number as part of your correspondence.
Email or in write to: Banbury Modern Furniture Online, Unit 1,Upton Lodge Buildings,Astrop Road, Middleton Cheney, OX172PJ.
6.4 If you decide to cancel after receipt of the items, it is your responsibility to return the goods to us at your own cost or we do offer a collection service if you are unable to return your items and we charge a collection fee for our services. This must be done within 14 days of notification of your decision to cancel the contract.
6.5 Any refund will be in the same form of payment originally used for the purchase and will be made within 30 days of valid cancellation of contract. We do not cover supplementary delivery costs above this amount where you have used another type of delivery.
6.6. If returned goods have not been looked after by you with reasonable care and are not in the condition that they were in when they were delivered to you, we reserve the right to deduct from your refund any loss of value to the goods as a result of your use or damge.

7. Damaged or Defective Goods
Every effort will be made to ensure that the goods you have ordered arrive undamaged and without defect.
However if the goods are found to be either damaged or defective in any way at the time of delivery, you have the right to the following options:
7.1 Reject the goods 
•    i. You will be asked to complete an Incident Report form immediately, which will be provided by the home delivery team.
•    ii. The Incident Report form will then be returned to the delivering warehouse. It will be logged against your order number and a refund of all monies paid, including any delivery charges, will be made as soon as possible and in any event within 30 days of cancellation being accepted.
7.2 Keep the goods
•    i. If the furniture is useable, despite the damage, we are happy for you to go ahead and use it
•    ii. The Banbury Modern Furniture home delivery team will complete an incident report form (if appropriate) to record the problem. They will ask you to sign it and they may also take photographs to accompany the paperwork.
•    iii. The Incident Report form will then be returned to the delivering store. It will be logged against your order number, and assessed for necessary further action.
•    iv. Our Product Aftercare Team will then contact you to arrange a technician to visit and repair the problem to manufacturing standards, generally within 7 days. If he/she is unable to resolve the matter on the first visit and parts are required, we will endeavour to source them as quickly as possible.
•    v. In the event that a repair cannot be made, we will replace the furniture, or give a full refund including any delivery charges (where applicable). The goods that are deemed faulty revert to the ownership of Banbury Modern Furniture, and must be in our possession before monies are refunded.
7.3 After Delivery: If the pre-existing fault or damage is discovered after delivery, you should contact us as soon as you notice the defect, or at the latest within 14 days of delivery of the goods, via our On-line store.
•    i. Our customer care team will then contact you to arrange a technician to visit and inspect the goods and discuss your options including returning the goods or repairing the problem to manufacturing standards, generally within 14 days. If he/she is unable to resolve the matter on the first visit and parts are required, we will endeavour to source them as quickly as possible.
•    ii. In the event that a repair cannot be made, we will replace the furniture, offer a reselection to the value of the purchase price less any discounts or give a full refund including any delivery charges (where applicable). The goods that are deemed faulty revert to the ownership of Banbury Modern Furniture, and must be in our possession before monies are refunded. A refund may be subject to a usage charge depending on the period of time that has elapsed since delivery.
7.4 Faults that develop after 14 days of Delivery: In the unlikely event that one of our items is to develop a fault after 14 days, please call us on: 01295 713745 or email (orders@banburymodernfurniture.co.uk)  Your options may vary depending on the individual circumstances including the length of time that you have had the item and the nature of the fault.

8. Cancellation by Us
8.1 We reserve the right not to accept any order request if:
8.1.1 we have insufficient stock to deliver the goods you have ordered;
8.1.2 we do not deliver to your area;
8.1.3 one or more of the goods ordered was incorrectly described or priced on the website;
8.1.4 the payment transaction is not authorised; or
8.1.5 you have not complied with the provisions of paragraph 12 of these terms and conditions.
8.2 If we do cancel your contract we will notify you by email and will refund to you any sum paid by you to us in respect of the contract as soon as possible, and in any event within 30 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

9. Stock Levels
9.1 As far as reasonably possible all products featured to buy on the website are either in stock and available at the time of ordering, or are produced to order with the anticipated lead-time published on site
9.2 If any item is out of stock we will notify you and proceed in terms of paragraph 8.1 & 8.2 if appropriate.

10. Unforeseen Circumstances
While every effort is made to meet our customers' demands, cancellations or variations may be necessary as a result of an Act of God, war, strike, lockout, labour dispute, fire, flood, drought, or other causes beyond our reasonable control.

11. Complaints and Remarks
11.1 If you have a complaint or a particular remark to make please do not hesitate to contact us immediately by telephone or email, the details of which are contained under the "Contact Us" page.
11.2 Any complaint will be dealt with fairly, effectively and confidentially. Your statutory rights as a consumer are unaffected.

12. Contractual Capacity
12.1 In order to be eligible to enter into a contract with us to purchase goods through the website you must:-
12.1.1 provide the required information including your real name, payment details including your card address; your delivery address if different from your card address; email address and telephone number;
12.1.2 be over the age of 18.

13. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected.

14. Law
These terms and conditions shall be governed by and construed in accordance with English law and you hereby agree to be subject to the non-exclusive jurisdiction of the Courts of England and Wales. All contracts are concluded in English.

15. Data Protection and Privacy
Information you provide to us remains confidential. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully and in accordance with the Data Protection Act 1998. We collect information about you for two reasons: firstly, to process your order and, secondly, to provide you with the best possible service. You specifically authorise us to transmit information to or to obtain information about you from third parties (including, but not limited to, your debit or credit card number), to authenticate your identity, to validate your debit or credit card and to authorise the transaction. You acknowledge that you consent to the processing of such information. Click here for details of our Privacy Policy, the terms of which you acknowledge and agree to be bound by. Should you wish to contact us regarding our Privacy Policy please do so (for details see the Contact Us page of the Website or Part D of these terms and conditions).

16. Entire Agreement
16.1 These terms and conditions together with our current website prices, delivery details, contact details and Privacy Policy set out the whole of our agreement relating to the supply of goods to you by us. Neither Banbury Modern Furniture nor you may alter the terms of any agreement without the agreement in writing of the other.

B. Structural Guarantee Terms & Conditions
Click here for more details on our Structural Guarantee
01. Proof of purchase is the responsibility of the purchaser.
02. All Clearance products are purchased with a 2 year structural guarantee.
03. General wear and tear, including staining, excessive soiling, abrasion, tears and burns, accidental damage, natural cushion interior settlement and flattening and normal bed filling settlement are excluded.
04. The cracking of wood due to extreme changes in room humidity or direct heat source (air conditioning and radiators) is excluded.
05. Dye transfer from non colourfast plastics, fabrics and clothing (including denim and throws), damage or delamination of the product or finish caused as a result of contamination through contact with hair products and body products or other cosmetic applications such as tanning lotions is excluded.
06. The guarantee is non-transferable and valid from the date of original purchase only.
07. Consistent with meeting its obligations under this guarantee, Banbury Modern Furniture reserves the right to undertake the least cost option to itself. This may involve rectifying the problem, arranging for the unsatisfactory component to be replaced or refunding part of the original purchase price.
08. If goods are exchanged, or a total refund is given, the goods that are deemed faulty revert to the ownership of Banbury Modern Furniture.
09. The amount of any claim under the guarantee shall be limited to the original purchase price paid for the unsatisfactory merchandise.
10. This guarantee does not extend to non-domestic usage, nor to goods which are taken outside the UK.
11. The guarantee may be invalidated if the purchaser does not follow or carry out proper care procedures as outlined in this leaflet or in accordance with the manufacturer’s recommendations where applicable, or where the product has been adapted, abused or altered.
12. The above conditions relating to Banbury Modern Furniture 2 year quality guarantees are not intended to affect your statutory consumer rights under the Sale and Supply of Goods to Consumer’s Regulations 2002.

C.  Intellectual property rights
The content of this Website is © Banbury Modern Furniture Limited 2012 (or its third party licensors). 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 may not copy, reproduce, change, modify, license, transmit or sell any material or content contained herein and you are permitted to use this material only as expressly authorised by us (or our licensors).

D. Disclaimer
Banbury Modern Furniture is providing this Website on an "as is" basis and makes no representations or warranties of any kind, whether express or implied, in relation to this Website or its contents and disclaims all such representations and warranties. In addition, Banbury Modern Furniture makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information on this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of Banbury Modern Furniture howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Neither Banbury Modern Furniture nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Banbury Modern Furniture accepts no liability for any information or content contained in external third party websites which link to or from this Website.
Notwithstanding the foregoing, none of these exclusions and limitations are intended to limit any rights you may have as a consumer, under local or other statutory rights nor in any way to exclude or limit our liability to you, for death or personal injury resulting from our negligence or that of our employees and/or agents.

E. Pricing policy

Banbury Modern Furniture follows the latest CTSI “Guidance for traders on pricing practices”.
Unless otherwise stated, “Was” price reductions compare to prices which were offered both online and in all of our stores, for a reasonable amount of time, prior to commencement of any sale.
Products compared against an “After Sale Price” (ASP) will be offered at the higher price, for a reasonable amount of time, immediately following the end of the respective sale.
Some branded product ranges may be compared against the“Recommended Retail Price” (RRP) provided to us by the manufacturer(s).
Intervening lower prices (e.g.“Early Bird”,“Final Reductions”, “Now Only”,“Clearance Price”) may also apply during the sale event.
Please ask the Banbury Modern Furniture team for any further details.

Wishlist: By law, we can only sell products at the correct price at the time of your order, not the price when items are added to your wishlist.