Terms and Conditions
Futters - Terms & Condition
Welcome to the www.futters.co.uk website terms and condition for use. These terms and conditions apply to the use of this website and by accessing this website, you agree to be bounds by the terms and conditions set out below. They do not affect your statutory rights.
Futters Great Yarmouth Ltd ("we", or "us") reserves the right to change these terms and conditions from time to time without notice to you and any changes will take effect on the day they are posted. Any such changes will be posted on this section of the website and your continued use of the website constitutes your agreement to be bound by the prevailing terms and conditions. You will be requested to read and accept these terms and conditions every time you place an order. For this reason we encourage you to review them whenever you use this website to ensure that you are familiar with the latest terms and conditions. We also recommend to all our customers to print and retain a copy of the terms and conditions for future reference.
Before you place an order, if you have any questions relating to these terms and conditions please contact us by email at email@example.com or call us on 01493 843484 (between the hours of 9.00am and 5.00pm on weekdays) for further assistance. Please note, calls will be charged at standard rate (BT users only, other network charges may vary).
Definitions "Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Special Conditions" means the terms and conditions in the Product Description; “Bespoke product or Bespoke Item” means Goods ordered are to your specification, and/or made to meet your needs, including, divan beds with specified drawer combinations, upholstered items with fabrics/patterns/feet/cushion options, furniture with options for colours, finishes, handle, style options, any made-to-measure or made-to-order items, carpets and flooring. "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration; "We/us" means Futters Great Yarmouth Ltd; "Website" means the website located at www.futters.co.uk or any subsequent URL which may replace it; "Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this Website. “Bespoke” means that any item purchased from Futters has been specifically ordered to meet your requirements.
Access You are provided with access to this Website in accordance with these conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
Indemnity You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Our rights We reserve the right to:
- modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Third party links To provide increased value 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 (i) the privacy practices of such websites, (ii) 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 (iii) the use to 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.
Privacy Statement We will collect and store any personal data that you may volunteer whilst using our services,
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation
We may collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us.
You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
We confirm that any personal information which you provide to us (or which is available on public registers) and any user information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:
- Processing your orders
- For statistical or survey purposes to improve this Website and its services to you
- To serve website content and advertisements to you
- To administer this website
- If you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, email or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word "unsubscribe" in the subject line, by emailing us at firstname.lastname@example.org.
We will not release your personal information to any company outside of Futters for mailing or marketing purposes.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your personal information and /or user information, we are entitled do so.
When entering any of our competitions, contests or prize draws, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email or telephone. When you enter a competition, contest or prize draw, you are also included in our newsletter list to receive notice of promotions, specials and new additions to the website. You may unsubscribe from this news list by following the unsubscribe instructions in any email received or as mentioned above.
Purchase of Products:
Orders 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.
Stock and Availability We will take all reasonable care to ensure that all product stock and availability details appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order or contact us about a particular product. We cannot confirm the exact details of the product until you contact us about a product. We also rely on our suppliers for delivery of items, from time to time they cannot fulfill their delivery commitments to Futters and therefore we may not be able to fulfill our stated delivery to you, this is unforeseen and we will keep you informed of any delays. We cannot be held responsible for such delays. Any items marked as ‘In Stock’ are available while stocks last.
Partial payment of orders
A minimum deposit of at least 20% is required before any order can be accepted or any documentation raised.. Orders supplied on this basis are due for full payment before delivery can be made.
It is Futters’ responsibility to organise delivery for all items purchased, only then can we guarantee a quality of service that we trust.. Futters delivery free in our local area. Please see our Delivery & Returns Policy.
Unwanted purchases of furniture, large appliances and other large goods Please check the dimensions of the delivery address for access (including doors, corridors, stairs and corners) and the proposed location before ordering large pieces of furniture, appliances or other large goods to ensure successful delivery, and to confirm that the product is the right size for your needs.
Description of Products Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
All colours stated on the website are for representation only. All computer screens vary in colour reproduction and representation, and whilst every effort has been made to display the colours as accurately as possible, they are for guidance only.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price or delivery time of a Product until your order is accepted.
Please also note that not all items shown on the website are available to see in store, we advise that you contact the store to check availability prior to travelling.
Intellectual property and right to use You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. 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.
Compliance with laws The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether expressed or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether expressed or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including, but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, or reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Severance If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Waiver No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Survival Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Entire agreement These Conditions govern our relationship with you. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
Law The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.