Online Consumer Terms & Conditions

ALLERMUIR

ONLINE CONSUMER TERMS AND CONDITIONS

 

  1. THESE TERMS

These are the terms and conditions on which Allermuir, a trading name of Senator International Limited (company registered number 01323955), whose registered office is at Syke Side Drive, Altham Business Park, Accrington, Lancashire, BB5 5YE (Vat No: GB 291146560]) (We, Us, Our) supply the products (Products) appearing on www.allermuirhome.com or such other website(s), application(s) or digital platforms operated by Us from time to time (Our Website) to you.  Your use of Our Website is governed by Our Website Terms of Use Policy, which can be referred to at www.allermuirhome.com/privacy-cookie-policies/

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. If you think that there is a mistake in these terms, please Contact Us to discuss.

As you are a consumer and not a business, you enjoy additional rights in some areas.  If you are a business and you are reading the wrong terms and conditions then please contact info@allermuirhome.com

 

  1. NOTICES AND SERVICE AVAILABILITY

You can contact Us by telephoning Our customer service team at 03442640570 or by writing to Us at customerservices@allermuirhome.com or at the address first set out above.

If We have to contact you We will do so by telephone or by writing to you at the email address or postal address you provided to Us in your order.

When We use the words "writing" or "written" in these terms, this includes emails.

The Products on Our Website are available for purchase within the UK Mainland only.  Please call customer services for any orders required outside of the UK Mainland.

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 email, that such email was sent to the specified email address of the addressee.

 

  1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

Your order to Us is your offer to purchase the Products you have ordered, on and subject to these terms, and subject to Our acceptance of your order. You are entitled to withdraw your order at any time up to the moment that We accept it.

All orders are subject to availability and to acceptance by Us, and We will confirm Our acceptance to you by sending you an e-mail that confirms that We have accepted your order and are processing it.  The Contract only applies to those Products We have confirmed and noted within the ‘Order Acceptance Confirmation’ email.

 

  1. PRODUCT SPECIFICATIONS 

Online Imagery

The images of the Products on Our Website are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. The Product may vary slightly from those images due to manufacturing tolerances. Although We have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on Our Website may be subject to certain percentage tolerance depending on the type of Product.

 

Product Specification

Prior to ordering, please check the dimensions of the Products you are proposing to order to ensure they will fit into your chosen location, this information can be found on each product page.

The details, fabrics and designs of Our Products are constantly changing and evolving, We reserve the right to change the specification of Our Products without prior notice in relation to future sales. You should check Our website for details.

We will endeavour to match the colour and texture of the fabric of your Product to the samples chosen as accurately as possible, but variations in both the colour and texture may occur. The measurements of all Products provided are as accurate as possible, but some slight variances may apply.

 

Fabrics and Fabric Samples

There can be slight variations between fabric batches. The most common variation is that of colour – though the actual variation is often almost negligible or very slight. Whilst We guarantee to make all your order from the same batch, We cannot guarantee that subsequent orders will match your original order.

We cannot accept any responsibility for fading or discolouration due to exposure to direct or indirect sunlight. Sunlight affects different fabrics in different ways, but sunlight, whether direct or indirect, will nevertheless always affect fabric colour. Darker fabrics, because they have further to fall, are likely to discolour and fade more. Different fabrics, dark or light are liable to fade or discolour at different rates. We also cannot accept any responsibility for fading or discolouration due to exposure or contact with any chemicals sprayed nearby or applied directly.

You can obtain up to 10 free fabric samples from Us through the order process prior to ordering Our Products to enable you to visualise what the fabric will look like. While We try to ensure that the Products are as similar as possible to those displayed online and to the fabric samples you receive there may be natural variations. If you require additional or further fabric samples, We reserve the right to make a charge.

 

  1. RIGHTS TO MAKE CHANGES

Your Rights

If you wish to make a change to the Product you have ordered 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 price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.  If We cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contact. 

 

Our Rights

We may change the Product to:

-           reflect changes in relevant laws and regulatory requirements; and

-           implement minor technical adjustments and improvements, which changes will not affect your use of the Product in a materially adverse way.

In addition, as We informed you in the description of the Product on Our Website, We may have to make more significant changes to these terms or the specification of the Product, but if We do so 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.

 

  1. CANCELLATION AND RETURNS

Cancellation Rights

Once an order has been delivered you will have 14 days to return the Product(s) for any reason.  You do not have a right to change your mind in respect of any Products:

(a)       which are bespoke and/or made to measure; and

(b)       you have modified or have become mixed inseparably with other items after their delivery.

For the Products you have 14 days after the day you (or someone you nominate) receives the Products, unless the Products are:

(a)       split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Products; or

(b)       for regular delivery over a set period.  In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the Products.

 

How to Cancel

To cancel an Order, you must inform Us in writing as soon as possible but in any event within the 14 days stated above.  This may be done either by:

(a)       emailing Us at customerservices@allermuirhome.com Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b)       writing to Us at Syke Side Drive, Altham Business Park, Accrington, Lancashire, BB5 5YE, including details of what you bought, when you ordered or received it and your name and address.

 

Returning the Products

The Products must be returned to Us in the same condition in which they are received. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, We have a right to retain a reasonable percentage of the purchase price as compensation for any damage to the Products and for Our additional costs incurred.

Bespoke items listed on Our Website as ‘Bespoke’ will be non-refundable or returnable. In the circumstance that a Product has defects or damage please contact Us immediately and take photographs to evidence the issues. All original packaging must be kept.

 

Making the Refund

We will pay the costs of return if:

(a)       the Products are faulty or misdescribed; or

(b)       you are ending the Contract because We have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside Our control or because you have a legal right to do so as a result of something We have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.  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.

We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, We may make deductions from the price, as described below.

If you are exercising your right to change your mind We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If We refund you the price paid before We are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay Us an appropriate amount.

We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then:

(a)       If We have not offered to collect the Products, your refund will be made within 14 days from the day on which We receive the Product back from you or, if earlier, the day on which you provide Us with evidence that you have sent the Product back to Us.

(b)       In all other cases, your refund will be made within 14 days of your telling Us you have changed your mind.

 

  1. AVAILABILITY AND DELIVERY

Delivery of the Products will be made as soon as reasonably possible and in any event within 30 days of acceptance of your order.

We will endeavour to fulfil your order within the estimated time periods stated above unless there are exceptional circumstances. Occasionally a delivery date may be postponed.

This may occur for various reasons for example material shortages or higher than anticipated demand for a Product. We will keep you informed if a postponement is necessary and discuss revised timescales with you. We are not liable for any charges you may incur due to delayed or cancelled deliveries.

For Products sent using Our delivery carrier service you are required to sign a Proof of Delivery note to acknowledge receipt of the Products. The signature of the person accepting delivery at the delivery address will be proof that you or the person to whom the order is addressed has received delivery and of the condition of the Product at the time of delivery.  Deliveries will be doorstep only.

If you are not at home when the Product is delivered, We will attempt to leave the product with a neighbour.  If this isn’t possible We will leave you a note informing you of how to rearrange delivery.

If you do not re-arrange delivery We will contact you for further instructions and may charge you for storage and further delivery costs.  If, despite Our reasonable efforts, We are unable to contact you or re-arrange delivery you will be responsible to pay any charges incurred by Us and We may choose to end the Contract.

For smaller items that We send by parcel courier, there is no obligation to check the Products while the courier is with you. However, you are required to inspect the Products for visible damage within 2 days of the delivery date and advise Us if damage has been found so that We can arrange a replacement or refund. After this time, We will not accept responsibility for any damage reported, given the possibility that damage may have occurred after Products have been delivered.

If We accidentally damage a Product in the course of delivery, then Our liability for that damage is limited to the repair, refund or replacement of that Product or for a refund of your purchase price.

We endeavour to ensure that Our delivery team are polite and exercise all reasonable skill and care in delivering the Product to you.  To the fullest extent permitted by law We shall not be liable to you for any accidental damage to your property or person resulting from delivery of Our Products.

 

We may have to suspend the supply of a Product to:

(a)       deal with technical problems or make minor technical changes;

(b)       update the Product to reflect changes in relevant laws and regulatory requirements; or

(c)        make changes to the Product as requested by you or notified by Us to you.

 

  1. RISK AND TITLE

The Products will be at your risk from the time of delivery to you. Ownership of the Products will only pass to you when We have received payment in full of all sums due in respect of the Products.

 

  1. PRICE

Price

The price of any Products will be as quoted on Our Website from time to time, except in cases of obvious error. These prices will be subject to any promotional offer or discount where applicable, include VAT at the prevailing rate.

 

Pricing Errors

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

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have sent you an Order Acceptance Confirmation.

If We accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, We may end the Contract, refund you any sums you have paid and require the return of any Products provided to you.

 

Payment

Payment for all Products must be by credit or debit card, PayPal or such other payment method as is made available to you via the Website.

We accept payment by all major credit and debit cards except American Express. We take full payment for the whole price and all other charges when you place your order and We are not obliged to process your order, produce or dispatch any Products or provide any services until payment in full has been received by Us.

 

  1. OUR MANUFACTURER’S WARRANTY

Warranty

We provide a warranty to you that any Product purchased from Us through Our Website will, on delivery, and for the following 24 months, conform in all material respects with its description, be of satisfactory quality and be reasonably fit for all the purposes for which Products of that kind are commonly supplied.

In the event of a claim under this warranty being made against your Product the following will apply:

(a)       up to 30 days: if the Products are faulty you are entitled to a full refund; or

(b)       up to 6 months: if the Products can’t be repaired or replaced you are entitled to a full refund; or

(c)        between 6 months and up to 24 months: if you are able to prove that the Products were faulty as at delivery if the Products can’t be repaired or replaced you are entitled to a full refund.

In all cases, We are within Our rights to request images and/or to inspect the Product to verify the fault.

If you wish to exercise your legal rights to reject Products you must either return them in person to where you bought them, post them back to Us or (if they are not suitable for posting) allow Us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 03442640570 or Email Us at customerservices@allermuirhome.com for a return label or to arrange collection.

 

Exclusions

The warranty may not be transferred and does not cover:

-           fair wear and tear;

-           neglect, abuse or misuse of your Product;

-           loss or damage (including rusting and corrosion) due to unreasonable exposure to water or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects;

-           theft, or accidental damage or loss caused by a third party;

-           any specification provided by you;

-           if you fail to assemble, operate or use the Products in accordance with the user instructions provided with the Products; or

-           any alteration or repair to the Products undertaken by you or by a third party who is not authorised by Us.

 

We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged or wrongly delivered Products, over and above the value of the Products themselves. This does not affect your statutory rights.

The warranty is limited to Products sold and retained in the UK Mainland, and used solely for private and domestic purposes.

 

  1. OUR RIGHTS TO END THE CONTRACT

We may end the contract for a Product at any time by writing to you if:

(d)       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; and

(e)       you do not, within a reasonable time, allow Us to deliver the Products to you or collect them from Us.

If We end the Contract in the situations set out in this clause above 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.

We may write to you to let you know that We are going to stop providing the Product. We will let you know as soon as reasonably practicable in advance of Our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.

 

  1. OUR LIABILITY

Our liability for losses you suffer as a result of Us breaking this Contract is strictly limited to the purchase price of the Product you purchased and those losses which are foreseeable (being those which are obvious that they will arise or if discussed between you and Us).

This does not include or limit in any way Our liability:

-           for death or personal injury caused by Our negligence;

-           under section 2(3) of the Consumer Protection Act 1987;

-           for fraud or fraudulent misrepresentation; or

-           for any matter for which it would be illegal for Us to exclude, or attempt to exclude, Our liability.

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 (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

As you have indicated that you are a consumer We are only supplying the Products to you 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.

 

  1. TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between you and Us is binding on you and Us and on Our respective successors and assignors. 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.

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.

 

  1. HOW WE USE YOUR PERSONAL INFORMATION

We will use the personal information you provide to Us:

(a)       to supply the Products to you;

(b)       to process your payment for the Products; and

(c)        if you agreed to this during the order process, to give you information about similar Products that We provide, but you may stop receiving this at any time by contacting Us.

We may pass information on to suppliers and third parties for the purpose of delivery and fulfilling the Order. We will only give your personal information to other third parties where the law either requires or allows Us to do so or in accordance with Our Privacy Policy available via www.allermuirhome.com/privacy-cookie-policies/

 

  1. EVENTS OUTSIDE OUR CONTROL

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 including but not limited to any strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or pandemic, natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks and the acts, decrees, legislation, guidance regulations or restrictions of any government.

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.

 

  1. WAIVER

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. A waiver by Us of any default shall not constitute a waiver of any subsequent default. 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 Our ‘Written Communications’ Policy.

 

  1. SEVERABILITY

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.

 

  1. ENTIRE AGREEMENT

These terms 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.

We each acknowledge that, in entering into a Contract, neither of Us relies on, or will have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is set out in these terms and conditions or the documents referred to in them.

Each of Us agrees that Our only liability in respect of those representation and warranties that are set out in this Contract (whether made innocently or negligently) will be for breach of contract. Nothing in this paragraph limits or excludes any liability for fraud.

 

  1. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system's capabilities.

You will be subject to the policies and terms and conditions in force at the time that you order Products 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 14 days of receipt by you of the Products).

 

  1. THIRD PARTY RIGHTS

This Contract is between you and Us. No other person shall have any rights to enforce any of its terms. Neither of Us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.

 

  1. LAW AND JURISDICTION

Subject to your rights as a consumer:

(a)       Contracts for the purchase of Products through Our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law; and

(b)       any dispute or claim arising from, or related to such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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