1. Background

1.1. We operate the website www.cjcfurniture.co.uk. Our company is CJC Furniture Ltd which (we or us or our) is registered in England and Wales under company number 07550575, with our registered office at 431 Tyburn Road, Erdington, Birmingham, England, B24 8HJ and VAT number 152811723. These are the terms and conditions relating to purchases made on our website (Terms and Conditions). Please read these Terms and Conditions carefully and make sure that you understand them before ordering any Goods from our website. By ordering, you agree to be bound by these Terms and Conditions.

1.2. Any variations from these Terms and Conditions must be confirmed in writing and signed by both Parties.

2. Your Status

2.1. By placing an order through our website, you warrant that:

  • 2.1.1. You are legally capable of entering into binding contracts; and
  • 2.1.2. You are at least 18 years old.

3. How the Contract is Formed Between You and Us

3.1. Your online order constitutes an offer from you to us to buy our Goods (Order). All Orders are subject to acceptance by us. We will confirm acceptance of your Order by sending an email which will include an order number to be used in all future correspondence (Order Confirmation). The contract will only be formed when we send the Order Confirmation to you and will comprise these Terms and Conditions and the documents referred to herein.

3.2. We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions, technology, payment methods, relevant laws and/or in our system's capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these terms is required by law to be retrospective.

4. Cancellation and Return of Goods

4.1. Should you wish to cancel and/or amend your order, you should contact your sales contact at the store or Customer Services to discuss the same.

4.2. You can cancel your order by completing the cancellation form at Appendix 1 at any time from placing the Order up to the expiry of 14 working days starting the day after the Goods are delivered.

4.3. Should you cancel your Order in accordance with the provisions of clause 4.2 once the Goods have been delivered, we will collect such Goods. We will charge a collection fee which will depend on the nature of the Goods and where and when they are to be collected from. The collection fee will be notified to you in advance. The Goods will remain your responsibility until we collect them.

4.4. Any collection will be from the delivery address unless we agree otherwise. If you are not available for collection yourself, you must notify us in advance of a nominated adult who will be present for the collection. You must ensure that access to the Goods is clear and free from obstruction.

4.5. You have a statutory duty to take reasonable care of the Goods. If you breach this duty we have a right of action against you. Please return the Goods with the original packaging, or if it's not available, ensure items are packaged suitably to avoid damage in transit.

4.6. If you do not comply with the obligations at clauses 4.4 and 4.5, we may require payment from you for all costs reasonably incurred by us.

4.7. We will take reasonable steps to pack the Goods properly and ensure you receive them in good condition. If the Goods are damaged at the time of delivery, do not assemble them and contact Customer Services within 5 days.

4.8. If you wish to return the Goods to us because you have cancelled the Contract in accordance with clause 4.2, we will process the refund due to you as soon as possible.

4.9. A full or partial refund will be considered instead of a repair or replacement of the Goods if any of the following are true:

  • 4.9.1. The cost of repair or replacement is disproportionate to the value of the Goods;
  • 4.9.2. A repair or replacement is impossible or fails;
  • 4.9.3. A repair or replacement would cause you significant inconvenience;
  • 4.9.4. The repair would take an unreasonably long amount of time.

5. Product Specification

5.1. We are under a legal duty to supply goods that are in conformity with the Order specification and these Terms and Conditions.

5.2. Any photographs, models, samples, or descriptions we issue are solely to provide you with an approximate idea of the Goods they describe and/or represent.

5.3. Your Order is unique to you and will be supplied according to the specifications detailed in our Order Confirmation.

5.4. Occasionally we may supply Goods with minor differences in specification due to circumstances beyond our control.

6. Delivery

6.1. Delivery times quoted at the time of order are estimated and cannot be guaranteed. We will make every effort to deliver within the estimated time, but occasionally factors beyond our control may affect deliveries. Goods will be delivered to the delivery address stated in the Order.

6.2. We will contact you to arrange a delivery time and ensure that full payment has been made prior to delivery unless there is an agreement for payment on delivery. If you do not accept delivery within 7 days of the first offered delivery date, we reserve the right to make a storage charge.

6.3. Goods will be delivered by us to Mainland Britain only. For deliveries to Northern Ireland and other British Isles, arrangements can be made with a third party courier service for an additional charge.

6.4. You must ensure access to the property is clear and free from obstruction on the day of delivery.

For detailed clauses and further information, please refer to the complete Terms and Conditions document provided on our website.

7. Risk and Title

7.1. The Goods will be at your risk from the time of delivery.

7.2. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.

8. Price and Payment

8.1. The price of the Goods and our delivery charges will be as quoted on our website from time to time, except in cases of obvious error.

8.2. Goods' prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.

8.3. Goods' prices and delivery charges are liable to change at any time, but changes will not affect orders for which we have already sent you an Order Confirmation.

8.4. Our website contains a large number of Goods, and it is always possible that, despite our best efforts, some of the Goods listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Good's correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If a Good's correct price is higher than the price stated on our website, we will, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.

8.5. We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing.

8.6. Payment for all Goods must be by credit or debit card. We accept payment with all major credit and debit cards. We will not charge your credit or debit card until we dispatch your order.

9. Our Refund Policy

9.1. If you return Goods to us:

  • 9.1.1. Because you have canceled the Contract between us within the 14-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 14 days after the day we receive the returned Goods. In these cases, we will refund the price of the Goods in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
  • 9.1.2. For any other reason (for instance, because you claim that the Goods are defective), we will examine the returned Goods and will notify you of your refund via e-mail within a reasonable period of time. We will process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you are entitled to a refund. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

9.2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase, unless you have expressly agreed otherwise.

10. Our Liability

10.1. We warrant to you that any Goods purchased from us through our website are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

10.2. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Goods you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

10.3. This does not include or limit in any way our liability:

  • 10.3.1. For death or personal injury caused by our negligence;
  • 10.3.2. Under section 2(3) of the Consumer Protection Act 1987;
  • 10.3.3. For fraud or fraudulent misrepresentation; or
  • 10.3.4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

10.4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us. This includes but is not limited to:

  • 10.4.1. Loss of income or revenue;
  • 10.4.2. Loss of business;
  • 10.4.3. Loss of profits or contracts;
  • 10.4.4. Loss of anticipated savings;
  • 10.4.5. Loss of data; or
  • 10.4.6. Waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

11. Written Communications

11.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

12. Notices

12.1. All notices given by you to us must be given to us at support@cjcfurniture.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above.

12.2. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

13. Transfer of Rights and Obligations

13.1. The contract between you and us is binding on you and us and on our respective successors and assigns.

13.2. You may not transfer, assign, charge, or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

13.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

14. Events Outside Our Control

14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

14.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • 14.2.1. Strikes, lock-outs or other industrial action;
  • 14.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • 14.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • 14.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • 14.2.5. Impossibility of the use of public or private telecommunications networks; and
  • 14.2.6. The acts, decrees, legislation, regulations or restrictions of any government.

14.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

15. Waiver

15.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

15.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

15.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.

16. Severability

16.1. If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. Entire Agreement

17.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

17.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

17.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

18. Our Right to Vary These Terms and Conditions

18.1. We have the right to revise and amend these terms and conditions from time to time.

18.2. You will be subject to the policies and terms and conditions in force at the time that you order Goods from us unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you) or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions unless you notify us to the contrary within seven working days of receipt by you of the Goods).

18.3. No variation of these terms and conditions or of any Contract shall be binding unless confirmed by us in writing.

19. Law and Jurisdiction

19.1. Contracts for the purchase of Goods through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.