Terms & Conditions
Last updated: August 16, 2016
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.lamorefurnishings.com website (the “Service”) operated by Lamore Furnishings (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Lamore Furnishings is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to; product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
You expressly agree that Lamore Furnishings cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Lamore Furnishings.
Lamore Furnishings has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Lamore Furnishings shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Lamore Furnishings and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Lamore Furnishings, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS-IS” and “AS-AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Lamore Furnishings its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Lamore Furnishings ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Lamore Furnishings or any person for whom Lamore Furnishings is responsible, and even if Lamore Furnishings has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of Northern Ireland, England and Wales, without regard to its conflict of law provisions. As all contracts will be formed in Northern Ireland, in the unlikely event of any such court proceedings these will be in Northern Ireland.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
If you have any questions about these Terms, please contact us:
Suite 2, First Floor
35 Regent Street
Lamore Furnishings Ltd, Further – Terms and Conditions:
(a) All orders accepted by Lamore Furnishings Ltd trading as Lamore Furnishings (the seller) are subject to the following conditions which shall prevail over all conditions specified by the buyer to the extent that the latter conflict or are inconsistent with them.
(b) The seller will not accept any alteration or variation in terms of this contract as to the quantity and description of the goods ordered unless notice is given by the buyers within 5 days of the date of confirmation of the order for all items, after which time the manufacturing process will have begun.
Quotations are based on current prices and will be held for 14 days from the date of quotation after which they may be varied without notice to price ruling at the time of acceptance of order. Sale prices apply until the time limit stated in the advertisement.
3 PRODUCT SPECIFICATION
(a) Any photographs, models, samples, drawings, sizes and/or product description or advertising issued by the Seller, and any illustrations contained in catalogues, brochures, emails etc on the seller’s website are produced solely to provide the buyer with an approximate idea of the goods they describe and/or are representative of the finished product.
(b) Each order is unique to the buyer and will be supplied in accordance with the instructions and specification as detailed in the Order Confirmation. Every effort will be made to match all colours and finishes to those in the images. Notwithstanding this all goods are purchased and supplied, on the understanding that there may be a slight dye, shade and grain variations, particularly with natural products such as wood and leather. Leather products are made from quality hides and may not be uniform in colour or texture and will show natural marks and scars. Colours may also change with age and exposure to the sun and other climatic conditions.
(c) Where stated some images have been digitally created to illustrate the colour options available from the range. These colours will be affected by different monitors and printers and therefore may not be 100% accurate to the finished product. Exact colour swatches can be obtained from the seller.
(a) Where contracts provide for a delivery, goods shall be delivered and accepted as soon as the seller is able to dispatch unless specifically agreed otherwise by the seller and buyer.
(b) While every effort will be made by the seller to effect a delivery in accordance with any pre-arranged dates, no guarantee as to dates of delivery by the seller is to be implied and the seller will not accept liability for any loss or damage occasioned by the delay in delivery however caused.
(c) The seller is unable to hold or store goods, therefore if the buyer fails to accept the reasonable delivery dates offered to them, then, except where this failure is caused by the seller’s failure to comply with these terms and conditions or by an event beyond their control, goods will be stored until delivery takes place and the buyer may be charged a reasonable sum (currently £50 per week) to cover the seller’s expenses. Any such charges must be cleared before delivery will take place.
(d) Large items: It is essential that the buyer notifies the seller of any possible restrictions to access into their home when placing their order. In particular the buyer should consider vehicle access, lifts, staircases and room access. Should windows or doors need to be removed to allow access, it is the buyer’s responsibility to arrange this at their own cost and at their own risk.
Please ensure the product will fit in the area in which you intend to put it, as Lamore Furnishings will not be held responsible for deliveries that can not fit in. Lamore Furnishings responsibility will be to the customers door, and we can not be held responsible for inaccurate measurements or where there is restrictive or difficult access. Refusal of delivery will incur an £80 charge to have the furniture returned to us.
(e) Goods intended to be assembled by the buyer will not be unpacked at the point of delivery.
Our products are well-packaged to withstand any damage during shipping. If an item looks damaged or parts are missing, you may conveniently request replacement parts by emailing [email protected] , detailing which part(s) are missing/damaged. Alternatively, call 028 91818787 and speak to a member of our team.
We will make every effort to help you obtain the necessary replacements as quickly as possible at no extra cost to you. If your order is dispatched by one of our carriers please note the important instructions below.
- Even if the package appears only slightly damaged, write “Package Damaged” when you sign for delivery. This is VERY important. If the package looks significantly damaged, you may refuse delivery of the package. The damaged package will be returned to us and we will send you a new one. If you refuse delivery, please notify us so that we can expect the return shipment.
- If you have already accepted the package and find that parts are missing or damaged, please contact us right away and we will ship you the replacement parts free of charge. Speed matters since most carriers only let us file freight claims within 48 hours of delivery. If we cannot replace the parts, we will have the carrier pick up the package and we will send you a replacement. All returned products should be in the original packaging.
Our goal is to make buying online easy, safe and efficient. If you decide you do not want parts or a replacement unit, the item can be returned under our standard return policy. If a product arrives damaged, or we made an error, and it cannot be remedied with either a full replacement or replacement parts, we will pay to return the item to us.
If your item is problematic due to a manufacturer’s defect, we can either replace the defective part, or if necessary, the entire unit. We stand behind our products and maintain great relationships with the manufacturers who produce them. If you are having an issue, please contact us and we will make every effort to resolve it.
(a) The buyer shall be deemed to have accepted the goods if they are retained for more than 5 days without the seller being notified that the buyer has rejected them.
(b) The absence of any complaint or claim within the above period shall be conclusive in any proceedings that the seller has fully discharged all its obligations under the contract and in particular that the goods were in conformity with the contract in all respects.
(c) The return of goods will not be accepted until the seller has had an opportunity to examine them. Returns will not be accepted after 5 days from the delivery date.
(d) The seller will not be responsible for any defect in the goods arising from fair wear and tear, wilful damage, accident or negligence by you or any third party; if you use the goods in a way not recommended by the seller or manufacturer; your failure to follow the seller or manufacturer’s instructions; or any alteration or repair you carry out without prior approval from us.
(e) We cannot accept returns on some items such as custom, special order, or clearance. Any items that are non-returnable will be clearly marked before you place your order.
7 RESERVATION OF TITLE
(a) Notwithstanding that the buyer obtains possession of the goods, all or any such goods will remain the property of the seller until such time as payment is made in full to the seller who shall be entitled to all rights of access to the buyer’s premises to enforce its rights hereunder.
(b) If the buyer does not pay on the due date for payment, the seller shall be at liberty on its own account to sell or otherwise deal with or dispose of the said goods in such manner as it may deem fit.
(c) In the event of the buyer reselling or otherwise disposing of the goods or any part thereof before the property therein has passed to the buyer by virtue of Clause 7(a) hereof then the buyer will, until payment in full to the seller of the goods hold in trust for the seller all his rights under such contract or re-sale or any other contract in pursuance of which the goods or any part thereof are disposed of or any contract by which property comprising the said goods or any part thereof is or is to be disposed of and any monies or other consideration received by the buyer thereunder.
8 THIRD PARTY LIABILITY
The seller shall be under no liability in respect of any damage or loss to third parties caused directly or indirectly by the goods in any way whatsoever and the buyer shall at all times indemnify the seller against such loss or damage.
9 FORCE MAJEURE
The performance of all contracts is subject to variation or cancellation by the seller owing to any act of God, war, strike, lockouts or any other industrial action, fire, flood, drought, tempest, insect or fungicidal attack or any other causes beyond the control of the seller or owing to any inability by the seller to produce materials or articles required for the performance of the contracts and the seller shall not be held responsible for any inability to deliver caused by any such contingency.
10 APPLICABLE LAW
The contract formed by the order and this acceptance shall be governed by and construed in accordance with English law. Any disputes arising out of these Terms and Conditions shall be submitted exclusively to the jurisdiction of the English Courts.