Terms and Conditions of Sale

  1. These terms
    1. Please read these terms carefully before you submit your Order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. Nothing in these terms and conditions is intended to limit any statutory rights you might have as a consumer
  2. Expressions used in these terms
    1. In these terms, unless the context otherwise requires, the following expressions have the following meanings: 
      Order: your order for Products placed in through Our Website;
      Products: any items sold or supplied by Us through our Website and form the subject of an accepted Order;
      we, us, and our: Ercol Furniture Ltd, a company registered in England and Wales with registration number 000163292 and registered office address of Summerleys Road, Princes Risborough, Buckinghamshire, HP27 9PX; and
      Website: Our website which is available at: www.ercol.com 
    2. In these terms “writing”, and any similar term, includes communication by email.
  3. How to contact us
    1. You can contact our customer service team by email at customer.care@ercol.com or by telephone on 01844 271800.
    2. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your Order. 
  4. Our contract with you
    1. How we will accept your Order. Our acceptance of your Order will take place when we email you to accept it, at which point a contract will come into existence between you and us. 
    2. If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this and will not charge you for the Product. 
    3. We only sell to the UK. Our Website is solely for the promotion of our Products in the UK. We do not deliver to addresses outside the UK.
  5. Our Products
    1. Products may vary slightly from their pictures. The images of the Products on our Website are for illustrative purposes only. Due to the nature of timber and its idiosyncrasies, Products may deviate from the imagery on the Website and we cannot be held liable for damages, losses or charges incurred in relation to your unmet expectations surrounding the final appearance of our Products (unless appearance shortcoming is due to damage or a quality issue on our side). Furthermore, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the Products Your Product may vary slightly from those images.
    2. Making sure your chosen Product will fit. You are responsible for ensuring that any Product you order will fit in its designated location. This includes through access and egress as well as the final location in a room itself. If an item is attempted to be delivered or installed, and it is found by our delivery partners or yourself that for reasons regarding access or Product size that the Order cannot be completed after processing, we will not be held liable for any costs, damages, losses, expenses or harms that arise as a result. We also reserve the right to recuperate costs from failed deliveries with regards to delivery and collection fees, as well as any costs we deem deductible based on use, repackaging or any other requirements for the item to be resold. 
  6. Your rights to make changes
    If you wish to make a change to an accepted Order, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the Product price and the timing of supply and ask you to confirm whether you wish to go ahead with the change. 
  7. Our rights to make changes
    We may make minor changes to our Products to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. If we make more significant changes to Products of these Terms, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.
  8. Price and payment
    1. Where to find the price for the Product. The price of the Product (which includes VAT) will be the price indicated on the order page on our Website when you place your Order. We take all reasonable care to ensure that the price of the Product advised to you is correct. 
    2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
    3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. 
    4. When you must pay and how you must pay. The methods of payment we accept are a set out on the order pages of our Website. You must pay for the Products in full before we dispatch them. 
    5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. 
  9. Promotions and discounts
    1. We will run promotional deals across selected Products from time to time at our discretion. Any applicable discounts will be applied to your Order, either automatically or via input of a voucher code. Each of our promotions and discounts:
      (a)    are only valid on full priced items and cannot be used on already discounted Products unless otherwise stated in writing;
      (b)    cannot be used in conjunction with any other offers;
      (c)    are valid for a limited period of time as specified in the marketing communication on the Website, and cannot be used outside of the stated period;
      (d)    are not valid in our clearance store on Ebay or Factory Outlet unless otherwise stated;
      (e)    are not valid on individual scatter cushions or otherwise specified ranges in promotional material;
    2. Promotions and discounts are subject to stock availability and we reserve the right to withdraw, amend or extend offers at any time without prior notice.
    3. If a promotion or discount that is subject to a minimum spend threshold is applied to an Order and you return an item which then brings the total value of the original Order below the promotion’s qualifying spend threshold, then the offer value or percentage may be deducted from any refund we provide for the returned Product.
  10. Delivery
    1. Delivery costs. The costs of delivery will be as displayed to you on our Website. Delivery charges may vary based on your location and the delivery option you choose. There may also be assembly surcharges depending on your Order. These will all be made aware to you, and a cumulative cost given ahead of any Order being accepted. 
    2. Delivery lead times. Due to demand, supply chains and handcrafted nature of our Products, the lead times will often exceed the statutory default delivery period of 30 days from payment under the Consumer Rights Act 2015. By placing an Order, you agree to the delivery lead time notified to you upon placing your Order. We will aim to be as accurate as possible, and will notify you of any delays ahead of time where possible. 
    3. Arranging a delivery slot. Delivery will be arranged through our third party courier, who will contact you to agree a delivery date and time slot.
    4. We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received. 
    5. If you are not at home when the Product is delivered. If no one is available at your address to take delivery in your pre-arranged slot, we will leave you a note informing you of how to rearrange. If you do not re-arrange delivery, we may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract.
    6. Your responsibility for and ownership of a Product. You are responsible for a Product from the time we deliver the Product to the address you gave us. You own a Product once we have received payment in full.
  11. Cancelling the Contract and Returns
    1. You can cancel your Contract with us.  Your rights when you cancel the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract.
    2. Cancelling the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any Products which have not yet been provided. The reasons are:
      (a)    we have told you about an upcoming change to the Product or these terms which you do not agree to;
      (b)    we have told you about an error in the price or description of the Product and you do not wish to proceed;
      (c)    there is a risk that supply of the Product may be significantly delayed because of events outside our control; 
      (d)    you have a legal right to end the contract because of something we have done wrong. 
    3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). You have 14 days after the day you receive the Product, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the Product. 
    4. Exclusions from the right to change your mind. You do not have a right to change your mind in respect of:
      (a)    Clearance or Factory Outlet items;
      (b)    Made to order items which have been made bespoke to your specifications; and
      (c)    Ex display items from distributors
      These items can only be returned to us if they are faulty (see Condition 11.6).
    5. Ending the contract where we are not at fault and there is no statutory right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. 
    6. If there is a problem with your Product: Summary of your key legal rights. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If you have any questions or complaints about your Product, please contact us. You can email us at customer.care@ercol.com or call customer services on 01844 271800.

      The Consumer Rights Act 2015 says the Products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following:
      (a)    Up to 30 days: if your goods are faulty, then you can get an immediate refund.  
      (b)    Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.  
      (c)    Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.   
    7. Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at customer.care@ercol.com or calling customer services on 01844 271800 to arrange your return. Please provide your name, home address, details of your Order and, where available, your phone number and email address 
    8.  Returning Products to us. If you end the contract for any reason after a Product has been dispatched to you or you have received it, or you wish to exercise your legal rights to reject a Product under Condition 11.6, you must return it to us. You must either return the Product by courier or allow us to collect it from you. Please complete a Returns Form and email us at customer.care@ercol.com or call customer services on 01844 271800 to arrange your return.  If you are exercising your right to change your mind you must return the Product within 14 days of telling us you wish to end the contract. 
    9. When we will pay the costs of return. We will pay the costs of return:
      (a)    if the Product is faulty or misdescribed; or
      (b)    if you are exercising your legal rights to reject a Product under Condition 11.6; 
      In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.   
    10. What we charge for collection. If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.
    11. How we will refund you.  We will refund you the price you paid for the Product including delivery costs, by the method you used for payment. However, we may make the following deductions from the price, if you are exercising your right to change your mind: 
      (a)    We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. 
      (b)    The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
    12. When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the Product back from you. 
  12. Our rights to end the contract
    1. We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:
      (a)    you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
      (b)    you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, delivery details; or
      (c)    you do not, after 2 delivery attempts, allow us to deliver the Products to you.
    2. You must compensate us if you break the contract. If we end the Contract in the situations set out in Condition 12.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
  13. Our liability for loss or damage 
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products; and for defective Products under the Consumer Protection Act 1987
    3. We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  14. How we may use your personal information
    1. How we may use your personal information.  We will only use your personal information as set out in our Privacy Policy.
  15. Other important terms
    1. Transfer of rights. We may transfer our rights and obligations under these terms to another organisation.  You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 
    2. This is our entire agreement. These terms and conditions, together with our agreed sale price, and any Order acceptance, set out the whole of our agreement relating to the supply of the goods to you by us.  Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us.  Save for fraud or fraudulent misrepresentation we shall have no liability for any such representation being untrue or misleading.
    3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Product, we can still require you to make the payment at a later date.
    6. Applicable laws and jurisdiction. These terms are governed by English law and you can bring legal proceedings in respect of the Product in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Product in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Product in either the Northern Irish or the English courts.