Terms & Conditions
Under the Consumer Protection (Distance Selling) Regulations 2000, the following Terms and Conditions are applicable to every order placed with Brookland Designs and every order accepted by Brookland Designs is accepted subject to these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights.
1.1“you” means the person who buys or agrees to buy Goods from Brookland Designs
1.2“we” “our” “us” means Brookland Designs.
1.3“consumer” means any natural person acting for purposes outside his or her business.
1.4“Goods” means the products you agree to buy from us.
1.5“Contact Address” means Unit 3a Caldervale Mills, Huddersfield Road, Dewsbury, West Yorkshire, WF13 3JL
1.6“Working day” means any day except Saturday, Sunday and all Public and Bank holidays.
2. The Order for the Goods
Our procedures regarding orders are as follows :-
2.1 Any order placed with us, whether it be by telephone, fax, e-mail or through our on-line ordering service will be regarded as an offer by you to buy the Goods from us. If your order is accepted you will be sent, either by e-mail, fax or by post, a written acknowledgment which will confirm the Goods ordered, the price and will give you an order number and at that point a contract will exist between you and us.
2.2 If you order Goods which are to be made to your order, such as Goods made to your specification or Goods made to measurements supplied by you or items that are specifically selected with your choice of fabric, you must confirm that specification or measurement to us in writing and we will acknowledge your confirmation. We will rely on this information as being correct. No Goods with a one-off specification or to be manufactured to measurements given by you will be supplied without us receiving your written confirmation. We will accept no liability for Goods which are made to a specification or measurement supplied by you to us and which you later discover is wrong.
2.3 Photographs on our web-site are for illustrative purposes only and may not exactly match the product itself or its colour or the colour of any materials. Photographs or illustrations do not comprise any contractual warranty on our part and you should not rely on them as an exact representation of the products. All measurements shown on our website are approximate.
3. The right of a consumer to cancel
Where you act as a consumer :
3.1 Where your order is for Goods made to your specification, as set out in clause 2.2, you have no right to cancel.
3.2 Apart from those Goods set out in clause 3.1 (Goods made to your specification) you do have the right to cancel your contract in all other cases at any time up to the end of the 14th calendar day from the day after the date you received the Goods. You will not need to give a reason for cancelling your contract, nor will you have to pay any penalty.
3.3 If you cancel your contract during the cancellation period, either before or after you have received the goods, you must not use them, please take good care of them and ensure you keep the original packaging so they can be returned to us in a saleable condition. Should the items not be in a re-saleable condition, be used without our permission, or items with hygienic seals which have been broken we reserve the right to refuse a refund or deduct upto 20% off your refund.
3.4 For bespoke, made to measure items, should you have a change of heart you must inform us within 24 hours of placing your order. Should we not receive confirmation (either by email or by phone) within the 24 hours of placing your order, we regret to inform you that we will charge you a cancellation fee.
3.5 For items that are cancelled for whatever reason within the 14 calendar days of receiving the goods you are entitled to send them back, the cost and risk in relation to such collection is your responsibility. We strongly advise you to use our collection service to ensure items are received back into our warehouse in the condition in which they are received. Our current collection charge is dependent on the item ordered and your location and upto 25% of the value of your order, supplement charges may apply in some areas. Upon collection our drivers will perform an initial quick inspection of the items to ensure no damage has occurred whilst in your possession and you will then be asked to sign a collection form stating to this effect. We will attempt twice to collect goods from you.
3.6 Upon receiving your goods back at our warehouse, we will issue a refund by way of the original payment made.
3.7 Items such as Beds are custom mades due to the fabric and size used. We do accept returns on these items however a surcharge of 60% would be applicable and the cost of return would be the customers responsibility. We do not cover the cost of returns where the item issued is not deemed to have any faults.
3.8 Items such as Headboards & Bedroom furniture are accepted for returns. These items however a surcharge of 60% would be applicable and the cost of return would be the customers responsibility if the reason to return was the wrong colour/size selected by the customer. We do not cover the cost of returns where the item issued is not deemed to have any faults.
3.9 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order provided that the Goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the Goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct cost of recovering the Goods from the amount to be re-credited to you.
3.10 To cancel your contract you must notify us in writing (by letter or by email) at the Contact Address.
4. Cancellation by us
4.1 We reserve the right to cancel the contract between us if :
- 4.1.1 we have insufficient stock to deliver the Goods you have ordered;
- 4.1.2 we do not deliver in your area;
- 4.1.3 one or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our supplier.
4.2 If we do cancel your contract we will notify you by e-mail and will credit your account by any sum debited by us from your credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. The Goods
We may from time to time make changes in the specification of the Goods which are required to conform to any applicable statutory or safety requirements or which do not materially affect the quality or fitness for purpose of the Goods.
We reserve the right to cancel the contract between us if :
6.1 The price payable for the Goods shall be as confirmed in the e-mail, fax or post acknowledgment that we send to you, in accordance with the provisions of clause 2.1. We reserve the right to rectify any error. Prices are inclusive of VAT.
6.2 Payment shall be due on acceptance of the order. If you fail to make payment or if your funds fail to clear, or are later recalled, we may suspend delivery of the Goods until payment is made in full.
6.3 In the event of any increase in cost to us of raw materials, labour or overheads or any increase in taxes or duties, or any variation in exchange rates, we may increase the price payable under the contract having first given written notice to you. If a notice of price increase is given by us you have the right to cancel the order and receive back any sums you have paid. Notice of cancellation must be received in writing at our Contact Address within seven days of delivery of the notice of price increase to you.
7.1 We will deliver the Goods ordered by you to the address for delivery you give to us at the time you make your order. You hereby confirm:
- 7.1.1 there is adequate access for us to deliver the Goods;
- 7.1.2 there is adequate space for the Goods where they are to be positioned;
- 7.1.3 that any existing goods have been removed from the space where the Goods are to be positioned;
- 7.1.4 that there is adequate clear space for us to assemble the Goods in the area where the Goods are to be positioned if you have paid for the assembly service.
We will not move or take away any existing goods or property for the purpose of assembly or installation of the Goods.
7.2 Delivery will be made within 30 days after your order, unless you agree an alternative date with us.
7.3 Subject to clause 10, if we are unable to make delivery within 30 days after your order and an alternative date has not been agreed with you, we will refund any money you have paid in relation to the contract including delivery costs.
7.4 Express delivery is set out in working days and does not include the weekends; these will be specified on product pages of the item purchased. Should your express delivery fall outside of the express delivery lead time, but still before the general lead time; stated on the product you will only be eligible for a partial refund up to 50%.
7.5 Delivery charges are set out in our web-site. We do not make deliveries outside of main-land United Kingdom.
7.6 We offer a delivery to your door service only for Flats or Apartments that are not on the ground floor delivery will only be made to the ground floor. Should you ask our staff to enter your property to position or assemble furniture, in the absence of any negligence on our part, you will be solely responsible for any loss, injury or accidental damage’
7.7 You become the owner of the Goods you have ordered when they have been delivered to you. Once the Goods have been delivered to you, they are held at your risk and we will not be liable for their loss or destruction.
7.8 Original delivery lead times given for the items you purchase are an approximate only, please remember that in many cases we rely on 3rd parties. There will also be occasions where we wish to deliver your items quicker than the delivery lead time states, this will be organised with you first and only with your permission.
7.9 Please be aware that Brookland Designs does not offer any compensation should delivery fail to take place or arrived later than scheduled, including time taken off work to accept delivery and income loss on rental properties. We strongly advise that you do not dispose of any old items until you have received delivery from us and you are completely satisfied with your purchase.
7.10 Deliveries which have been agreed with our staff prior to delivery will be subject to a charge of upto £100 towards any failed deliveries. When delivering your items, we will require a signature as proof that the items have been received. Should you (the buyer) not be at the property to sign for the items, please ensure clear instructions are left with our customer services staff in writing which explain how we can leave furniture at your premises. Written consent can be provided by email or a letter detailing where your items can be left (perhaps with a neighbour or in a garage etc). There may be a redelivery charge for any aborted delivery.
7.11 On occasion we may have to split our deliveries, this is very rare but can happen where multiple items have been purchased. We will not charge for the second delivery and as always this will be pre-arranged with you where possible.
7.12 Please check the item packaging for any damage and inform the driver of any damage so this can be noted on the delivery note. Please also ensure you keep the original packaging until you are completely satisfied with your items.
7.13 Once the items have been opened and assembled if you note any issues with your items, this includes missing parts or damages you must contact us within 3 days of receiving your delivery. Quite often we are able to deliver the replacement parts to you direct so they can be simply swapped over. You will be asked us to send images for proof of damage, by email or by post, this is mandatory so we can organise a replacement as quickly as possible.
7.14 Where an item needs completely replacing we are happy for you to use the item until it can be swapped for a new one. In this instance please keep the original packaging so we can transport it easily upon delivery of your new items.
8. Warranties and Liability
8.1 All Goods supplied by us come with a manufacturers’ warranty of at least 12 months and we will give you such information as is necessary to claim under the manufacturers’ warranty. If you need to make a claim you must contact us in the first instance.
8.2 If the Goods we deliver are not what you ordered or the delivery is of the incorrect quantity or, upon a reasonable inspection, it is clear the Goods have been damaged in transit, we shall have no liability to you unless you notify us in writing at our Contact Address of the problem within 30 calendar days of the delivery of the Goods in question.
8.3 If you do not receive the Goods ordered by you within 30 days of the date of your order, we shall have no liability to you unless you notify us in writing at our Contact Address of the problem within 40 days of the date upon which you ordered the Goods.
8.4 If you notify a problem to us under clauses 8.2 or 8.3, our only obligation will be, at your option :
- to make good any non-delivery; or short delivery; or
- to replace or repair any Goods that are damaged or defective; or
- to refund to you the amount paid by you for the Goods in whatever way we choose.
8.5 If you are dissatisfied with your purchase for a reason set out in clause 8.2 above, you may, within 14 calendar days of delivery, contact us to arrange collection of the Goods at your expense. Any money which you have paid, will be refunded within 30 days provided that we receive the Goods in the condition they were in at the time of delivery to you. Your account will then be credited with the full purchase price of the Goods. If you paid by credit-card, your credit-card account will be credited accordingly.
8.6 Except where you act as a consumer, all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality, or condition of the Goods, whether implied by statute or common law or otherwise, are excluded to the fullest extent of the law.
8.7 Save as precluded by law, we will not be liable to you for any losses you suffer under the contract which were not a foreseeable consequence of breach of the contract. We are not responsible for indirect losses which were not contemplated at the time of the contract including loss of profits, loss of opportunity, loss of business or goodwill.
8.8 Notwithstanding anything set out above, nothing in these Terms and Conditions is intended to limit any rights that you might have as a consumer under the United Kingdom laws or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
9. Notices and correspondence
All notices and correspondence from you to us must be in writing and sent to our contact address.
10. Events beyond our control
We will have no liability to you for any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
11. Exchange of Goods
If you wish to exchange Goods for other goods, we will do this subject to:
a) the return of the Goods by you at your expense to our Contact Address at Unit 3a Caldervale Mills, Huddersfield Road, Dewsbury, West Yorkshire, WF13 3JL;
b) the Goods being in the condition they were in when they were delivered to you; and
c) in the case of bedding and mattresses you must not unwrap the Goods and/or remove any wrapping. We will not exchange beds or mattresses where they have been unwrapped from the packaging.
If any of these Terms and Conditions are unenforceable, including any provision in which we exclude our liability to you, the enforceability of any other part of these Conditions will not be affected.
14. Third Party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
15. Governing Law
The contract between us shall be governed by and interpreted in accordance with English Law and the English Courts will have jurisdiction to resolve any disputes between us.
16. Entire Agreement
Website Conditions of Use
1. Our Terms
All use of our website (“Site”) is on these terms. If you do not agree with the terms then cease use of the Site NOW.
The terms are a contract between us and you may wish to print a copy for future reference. We sometimes change the terms and changes will be posted here.
We work very hard to make sure information on the Site is accurate and up to date. Let us know if you find anything wrong. However, you should check independently any information before you rely on it. No representations are made by us that the information is accurate and up to date or complete and we do not accept liability for loss arising from any inaccuracy or information that is out of date. This is a website providing information free of charge.
Copyright material appears on the Site which is our property or the property of our content and technology providers or their respective owners. We do not give permission for you to re-publish, alter, transmit or otherwise copy any material on the Site but you may download information from the Site for your own personal use. Except as otherwise expressly permitted under Copyright Law, no copying, re-distribution, re-transmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the Copyright owner.
4. Trade marks
Any trade marks, designs, business names, company names and logos are the property of their respective owners.
As information on our Site is provided free of charge, we do not accept liability for it. We will not be liable to you for any indirect or consequential loss, loss of profit, revenue or goodwill arising from your use of the Site or information on the Site. Subject as provided below, all terms implied by Law are excluded, caused by our negligence or the negligence of our employees, agents or directors and also for fraudulent misrepresentation caused by us, our employees, agents or directors.
6. Supply of goods
Where you buy goods from our Site you are subject to our Terms and Conditions which supplement these conditions.
You agree that English Law shall apply to these terms and to submit to the jurisdiction of the English Courts if a dispute arises. We aim to ensure our Site complies with English Law but not laws of any other country. If there is anything on the Site that you are not allowed under the laws to which you are subject to access or see, cease using the Site immediately.
Any formal, legal notices should be sent to us at the address at the end of these Terms by e-mail, confirmed by post.
Failure by us to enforce a right does not result in waiver of such right.
You may not assign or transfer your rights under this Agreement.
We may amend these terms at any time by posting a variation on the Site.
Our address is: Unit 3a Caldervale Mills, Huddersfield Road, Dewsbury, West Yorkshire, WF13 3JL
Our e-mail address is : [email protected]
We hope you’re happy with the product you purchase and level of service you receive when buying online with Brookland Designs. Should for any reason you be unhappy with either the product or the service please contact customer service where we will attempt to resolve any issues you may have.
Complaint Handling & Dispute Resolution Procedure
In the first instance we always recommend speaking to one of our customer services team on the contact number provided.
Should you not be happy with the response you can escalate your complaint by writing to head office. Please ensure you include your order number, your full name and address and nature of complaint so we can deal with your dispute as quickly and as efficiently as possible and write to:
Customer Services Manager
Unit 3a Caldervale Mills, Huddersfield Road, Dewsbury, West Yorkshire, WF13 3JL