1.          INTRODUCTION

Please read these terms and conditions carefully before using this Website operated by Found Home Store Ltd of Chapel Cottage The Street Acol Birchington  Kent CT7 0JA. By accessing or using our Website, you agree to be legally bound by these terms and conditions as they may be modified and posted on our Website from time to time.

If you have any other queries on how to use this site, please phone 00 44 (0)1227 277332 (Lines open Monday to Friday from 09:00 - 17:00), or FAX 00 44 (0) 1843 847038. You can also email us with a brief outline of your problem to info@foundhomestore.co.uk.

Details of procedures, products, services, prices, payment and delivery are displayed on our Website. If you choose to place an order, you will be given clear instructions on how to navigate our simple online order process and you will be required to provide us with your accurate personal details.

Please:

1. Read through these terms and conditions carefully before using this Website.

2. Print a copy for future reference.

3. Read our privacy policy section regarding your personal information.

If you have a comment, concern or complaint about a product or service you have purchased from us, please contact us via email to info@foundhomestore.co.uk or by post at Chapel Cottage The Street Acol Birchington  Kent CT7 0JA.


2.         GENERAL

We reserve the right to change any product prices, product specifications and availability at any time. All prices and descriptions supersede all previous publications. All product descriptions are approximate. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.

If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.

This Website, any content contained herein and any contract brought into being as a result of usage of this Website are governed by and construed in accordance with law of the jurisdiction specified in the clause below and the parties to any such contract agree to submit to the exclusive jurisdiction of the courts as specified. All contracts are concluded in English. These terms and conditions do not affect your statutory rights.

 

3.         DEFINITIONS

“Buyer” means the person who buys or agrees to buy the Products from the Seller 

“Conditions” means these terms and conditions

“Consumer” means consumer as defined by S.12 Unfair Contract Terms Act 1977

“Delivery Date” means the date specified by the  Seller when the Products are to be delivered

“Products” means the goods to be supplied

“Price”  means the price of the products including cost of delivery, postage packing and VAT

“Seller” means Found Home Store 

“We/us/our” means Found Home Store

“Website” means the Website located at www.foundhomestore.co.uk or any subsequent URL which may replace it or sit alongside it

United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands

“You/your” means a user of the Website

”Working days” mean Monday to Friday (excluding public holidays in the United Kingdom).

 

4.         ORDER PROCESS

Your order will only be accepted if received from a person over the age of 18.

All orders are subject to acceptance and availability and all pricing and price lists and quotations are invitations to treat.

If any goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available from stock or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time prior to acceptance.

You shall be responsible for ensuring the accuracy of the details provided on the order form and we will not accept an order unless all details requested on the order form have been entered correctly.

You acknowledge that any automated acknowledgment of your order that you may receive from us shall not amount to our acceptance of your offer to purchase goods advertised on the Website.

The conclusion of a contract between you and us will take place when we accept your order by (i) debiting your credit or debit card, or (ii) despatching goods to you, whichever is the earlier.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Each item  purchased is sold subject to additional specific terms and conditions relating to that item including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that you read such additional terms.

We are entitled to refuse any order placed by you and will not be required to provide an explanation.

 

5.         DELIVERY

Goods will be delivered to you, the buyer, at the address provided by you when you place your order. Any arrangement made by you with the carrier to deliver goods into the property address will be at your risk and we will not be responsible for any damage done to the goods or to the property as a result of such arrangement. The approximate dimension of goods can be made available to you on request but we will not accept any responsibility if it is found that the goods cannot be delivered into the property.

We can deliver to an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.

International delivery can be arranged with packaging suitable for export. Insurance for goods in transit to an address outside the United Kingdom is compulsory. Written confirmation of the acceptance of the shipping quotation, insurance and packaging costs must be received prior to despatch of the goods and once the goods have been accepted by the carrier they are deemed to be the property of you the buyer. Following despatch you will be responsible for all duties tax and storage charges however and wherever they occur and all queries relating to the same should be directed to the carrier. International delivery will be to your selected property address (but not inside the property) or to port only if so requested.

All goods must be signed for by an adult aged 18 years or over on delivery unless delivered to you by Royal Mail.

You will become the owner of goods you have ordered when they have been paid for and delivered.

Any dates quoted for delivery of goods are approximate only and we shall not be liable for any delay in delivery of goods however caused. If, however, we are unable to deliver your goods by the date quoted for delivery, you, the buyer, shall be entitled to cancel the order at any time thereafter but before delivery takes place.

 

6.         PAYMENT

All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. Prices quoted are for delivery in the United Kingdom unless otherwise specified. Prices are in Pounds Sterling unless otherwise specified.

We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of goods to reflect any increase in the cost to us, which is due to any factor beyond our control (such as but without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture).

In the unlikely event of there being such an increase in the price of goods you, the buyer, shall be entitled to cancel the order at any time before delivery.

In the unlikely event that the price or description of an item has been incorrectly advertised, we will contact you by email, telephone or post to ask whether you wish to proceed with your order with the correct price or description.  If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order.  Unless we have already despatched your order, we will not be obliged to supply products at the incorrect price or based on an incorrect description.

Payment can be made by any major credit or debit card or through an electronic payment account as explained on the order form.

Payment will be debited and cleared from your account before the despatch of your goods to you.

By placing an order, you, the buyer, consent to payment being charged to your debit/credit card account or electronic payment account as provided in your order.

Title to the goods will pass to you, the buyer, on delivery of the goods.

We will issue you with an electronic receipt to your email address once the goods have been despatched.

When you pay for your order by credit or debit card, we carry out checks or 'authorisations' with the card issuer for security reasons. Should any problems occur with the authorisation of your card, we will contact you with further details.

 

7.         ELIGIBILITY

To be eligible to purchase goods or services on this Website and lawfully enter into and form contracts on this Website, you must:

• if an individual, be 18 years of age or over; and

• stipulate a delivery address

• register your real name, address, phone number, email address and any other details requested.

If you are under 18, please ask an adult to contract on your behalf. By offering to purchase goods, you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

 

8.         RETURNS, CANCELLATIONS AND SUBSTITUTIONS

8.1.               RETURNS

If you are not happy with your purchase for any reason, you can return it to us and we will refund you with the amount you paid for that item.

All we ask is that you inform us by email or post and return the product within 14 working days from the day after receipt to us at your expense in unused condition and in the original undamaged packaging (or packaging of the same quality) for a full refund less carriage charges. We recommend using an insured delivery service.

Obviously where goods are faulty, or were sent in error, we will refund any postage costs you incur returning the items, in which case you should notify us within three days of receipt of the goods.  All returned goods will be examined upon receipt.

If products are exempt from this return policy (sale, special offer etc.) we will indicate this clearly in the product description.  You should allow up to 30 days from receipt by us of your returned goods for your refund to be processed.  We will normally refund you using the same payment method that you used to purchase the goods.  Postage and packaging charges will not be refunded.  This does not affect your statutory rights or those regulated by the Consumer Protection [Distance Selling] Regulations 2000 (as Amended).

 8.2.               DAMAGED OR FAULTY GOODS

We employ professional carriers. Nevertheless, you must examine goods on arrival before signing for it. We will refund the full purchase price including postage and packing of an item which is delivered in a damaged or faulty condition or which develops a fault within 3 months from delivery (other than due to normal wear and tear, failure to follow instructions or misuse).

Alternatively, at your option, we will replace the item with the same or a similar product (subject to stock availability).

If a product is damaged or faulty, please contact us at once and no later than 48 hours after receipt, or of the fault developing, and we will arrange a refund or replacement as you request.

Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement, you can return it in accordance with our returns policy as outlined above under paragraph 8.1.

Please allow 30 days from receipt by us of your item for your refund to be processed or replacement item despatched.

We reserve the right to refuse to issue a refund/replacement item and to recover the cost of the returns delivery from you in the event that the item is found to have suffered damage after delivery or has been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear.  This does not affect your statutory rights.

 

9.         INTELLECTUAL PROPERTY

The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.

You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.

You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

You further acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Goods sold by us may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.


10.     WEBSITE

We attempt to ensure that the information available on the Website at any time is accurate. However, we will not be held liable for any errors or omissions. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.

The content and images on the pages of this web site are for your general information and use only and are subject to change at any time without notice or liability. All images should be used only as a guide or representation of the item.

We do not accept any responsibility whatsoever for any endorsements in Press articles or customer reviews as displayed on the Website. Any articles and reviews have been reproduced here as they were originally printed and written by the original publisher or as submitted to us by our suppliers. Any false claims or endorsements are the responsibility of the original author.

We reserve the right to refuse to post material on the Website or to remove material already posted on the Website.

 

11.     LIABILITY AND INDEMNITY

Notwithstanding any other provision in the Conditions, nothing in these Conditions will affect or limit your statutory rights; or will exclude or limit our liability for death or personal injury resulting from our negligence.

You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.

We will use reasonable endeavours to verify the accuracy of any information on the Website but make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.

We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you, the buyer, for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of its obligations in relation to these Conditions, if the delay or failure was due to any cause beyond our reasonable control.

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your Personal Information with your authority.

This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.


12.     FORCE MAJEURE

We shall have no liability for delays or failures in delivery or performance or for any damage or defect to goods delivered resulting from matters beyond our reasonable control.


13.     REGISTRATION

You warrant that:

13.1.            the personal information which you are required to provide when you register is true, accurate, current and complete in all                                                     respects;

13.2.            you are not impersonating any other person or entity and

13.3.            you will notify us immediately of any changes to your personal information by emailing or telephoning our customer service representatives.

 

14.     PRIVACY POLICY

We really value our customers and respect your privacy.   Any information we collect about you is held with the utmost care and security and will only be used lawfully in accordance with the Data Protection Act 1998. Your visit to our website and your use of any of the services or features we provide is subject to our terms and conditions of which this Privacy Policy forms a part.  

If you wish to place an order on our website you will also be required to provide credit or debit card details.

We use the latest strong encryption technology to ensure that all transactional information is protected to the highest standard.   Transactional information includes any credit or debit card details, your personal contact information, together with any other names and addresses you provide when you place an order for delivery to another address, and your purchasing history.

When you give us information, it may be used for:

a)         Our normal internal record keeping where the information you give us is necessary to enable us to fulfil your order, make sure it is delivered correctly and to maintain your account.

b)         Customer Service

We ask for your contact details, such as your email address and telephone number, in order that we can respond to any questions you have about using our website and to notify you about the status of your order.

c)         Direct Marketing

We want to keep you up to date on our latest products, promotional offers, events and news that we believe would be of interest to you.  We will not pass your e-mail address to other traders unless   you agree.  If you have agreed when you registered with us, we can inform you about these and other services and events we offer by email, post or telephone.

d)         Cookies

Our online ordering system uses cookies to record a unique reference on your computer.   This means that we can recognise your computer when you access www.foundhomestore.co.uk and log into your account with your user name and password.

We will not use cookies without your prior consent so you have the option of choosing whether or not you would like our website to remember your details before you enter the delivery options       section of our ordering process.    The use of cookies allows us to remember the goods that you placed in your shopping bag and saves you having to enter the basic contact information that you          provided us with on setting up your account with us. Our cookies do not remember your credit card details.

You can choose to accept or decline cookies. The majority of web browsers automatically accept cookies but can be modified to decline them.

e)         Data Protection

The information that we hold about you will be accurate and up to date and you can check this by e-mailing us. Any errors will be corrected or deleted as soon as we are able.

 

15.  THIRD PARTY RIGHTS

Except for our affiliates, directors, employees or representatives, a person who is not a party to these Conditions has no right 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.


16. EXTERNAL LINKS

To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:

16.1     the privacy practices of such websites;

16.2     the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources; or

16.3     the use which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

 

17. GOVERNING LAW AND JURISDICTION

The Website is controlled and operated in the United Kingdom.

The Conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.