These terms and conditions regulate the business relationship between you and us. By using Our Web Site in any way, or by buying from us, you agree to be bound by them.
This website is owned and operated by
Top Furniture Ltd, Station Yard, Station Road,
Company registration number: 05578129, Registered in England, VAT number: 872467102
When you place an order with us, you are making an offer to buy goods. We will send you a confirmation email within a few minutes of ordering confirming your order numbers along with a break down of the items purchased and the prices. This confirmation email constitutes acceptance of your order.
In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this.
If the goods are not available, we may supply you with substitute goods subject to your prior agreement. If you decide not to accept the substitute goods, you will not have to pay to return them to us.
- Select the item(s) that you require from our website by clicking the 'Add to basket' link shown for the item.
- Items that you have selected can be reviewed at any time via the 'View basket' link.
- When you have completed your selections click on the 'Checkout' link to complete your order. You will be asked to provide delivery and payment information via secure web pages. Please review your order carefully before submission to avoid problems.
- If you make a mistake during ordering please contact us as soon as possible.
Delivery charges if applicable will be detailed on the first page of the shopping basket page after the items have been added to the basket. Please make sure that you have selected the correct delivery region from this page that applies to your delivery postcode. These delivery charges will vary depending on the size and weight of the items being purchased along with your delivery location. If you are unsure about any delivery charges that may be applied to some goods them please contact us on 01889 560999 to talk this through with a sales advisor.
If the goods are lost or damaged in transit, please let us know promptly.
In this agreement:
- "Carrier" means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
- "Our Website" means the entire computing hardware and software installation that is or supports Our Web Site.
- "Goods" means any of the Goods we offer for sale on our web site
- "Content" means information in any form published on Our Web Site by us or any third party with our consent.
2 Our contract with you
- These terms and conditions apply:
- so far as the context allows, to you as a visitor to Our Web Site; and
- in any event to you as a buyer or prospective buyer of our Goods.
- Goods advertised may not be available.
- We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall despatch your order. That is when our contract is made. It is possible that the price may have increased from that posted on our web site and in situations like this you may cancel your order. We reserve the right to cancel an order and make a full refund prior to delivery if we process an order with an incorrect product or shipping price that does not make the transaction economically viable.
- We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods.
- All descriptions, weights and sizes of Goods are those of the original manufacturers.
- If we do not have the Goods you order in stock, we will offer you alternatives before we despatch your order. If this happens you may:
- accept the alternatives we offer;
- cancel your order;
- leave the order valid, but tell us to omit the out-of-stock item.
- If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date of the goods being returned to our warehouse.
3 Price and Payment
- You must pay us the full price of your order before we will send any part of it.
- Banking charges relating to payment in a currency other than pounds Sterling will be borne by you.
- Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
- You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4 Information you give us
- You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
- We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.
- Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery on the date agreed with our delivery department.
- We reserve the right to charge a minimum of £20 towards the cost of a failed delivery. If you know that you are not going to be able to take delivery at the date and time window agreed in advance with our delivery department you must notify us at least 2 full business days prior to the delivery date to avoid further charges. If you delivery was planned for a Monday and you cannot accept the delivery we need to be notifed no later than close of business the prior Wednesday. The true cost of delivery is often significantly more than we charge we pass onto our customers so if we end up being unable to deliver an order to a customers address because we cannot get access to the property or through a cancellation at short notice then we think that it is only fair to pass on an extra failed delivery charge as a significant amount of resource gets used in the planning and final delivery of our orders. We reserve the right to charge a return fee of £100 per wardrobe or large dining table over 2 metres in length.
- If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail or telephone to arrange another date for delivery.
- We may deliver the goods in installments if the goods are not available at the same time for delivery.
- On the day of delivery please ensure that the route that the delivery team will walk with your furniture from the van to its final delivery place is safe and clear from any obstructions. Please protect any carpets and other flooring materials with protective materials. Any stairs, railings, doorways and other areas of your property that are exposed on the delivery route need to be protected with bubble wrap or similar materials. Top Furniture will not be liable for any damage to a customers property as a result of our delivery team delivering the goods that have been ordered.
- Whilst we make every effort to adhere to specified lead times, we are occasionally subject to delays from our suppliers, which may affect your delivery times. Top Furniture Ltd cannot be held liable for any delay in delivery beyond our control.
6 Taxes, duties and import restrictions
- We have no knowledge of, and no responsibility for, the laws in your country of residence.
- You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence.
7 Returns, Exchanges, Refunds & your rights to cancel an order
You have the right to cancel your order within 14 days from the date of delivery if the product that you ordered falls within the Consumer Contracts Regulations. You must contact us within 14 days of delivery if you wish to cancel your order. If you wish to return the goods that you ordered within the first 14 days then please take extra care as we only accept returns in the original packaging. We request that if you open the box to examine the product please do so without damaging the box and packaging or damaging the product in any way. It is very important that all items being returned to us have the same standard of packing on them for their return journey to our warehouse as they had on their first journey to our customers. Items returned under our 14 day money back guarantee will be entitled to a refund subject to return fees for non faulty items or items not as described or you may return them at your own cost to our Uttoxeter warehouse at Top Furniture Ltd, Station Yard, Station Road, Uttoxeter, Staffordshire, ST14 8AX. Product exchanges will also be subject to the same return fees as cancelled orders. The return fees are to cover our direct costs in collecting items. If you would like us to collect the products from you, then you agree that we may charge you the following return fees based on the size of each product to cover our direct costs.
Small items ( 0 – 0.4 CBM) - First item £20, subsequent small items £10
Medium items ( 0.4 CBM+) - First item £40, subsequent medium items £25
Other large items (Wardrobes and Dining Tables 1.8m+ in length) - First item £75, subsequent large items £50
Please note: The largest item will always be considered the first item.
All returns and exchanges need to be given prior approval. You must notify us at least 2 full business days prior to the delivery date if you cannot be available for delivery to avoid further charges. Nothing in this paragraph affects Your statutory rights.
- After this 14 day cooling off period has expired we will not accept the return of any items purchased unless they are faulty.
- In any event, you may not cancel orders for food or other perishable Goods, nor for handmade, specially commissioned or personalised goods;
- If you wish to cancel your order within 14 days of delivery your goods must be returned to us:
- in original condition with all original packaging;
- securely wrapped;
- with a printed copy of your order confirmation email attached to the top of one of the boxes;
- If you decide to cancel your contract with us we will process your refund no later than 3 days from the date of collection.
- All items of furniture are purchased from us as individual items and as such we will only refund or replace items which are defective or damaged. You are not entitled to reject other items purchased together with the damage or defective items. In the event that replacement items are not available we will refund you the purchase price or offer a similar item from another range which we believe complements the other items you have purchased. Should you have a faulty product from a range no longer available this will not entitle any other non-faulty items to be returned.Please note that any bespoke / custom made items are none returnable.
- Please be aware that if your order is delivered to an address outside the UK mainland and you decide to return it you will be fully responsible for the cost of return.
This cancellation / returns policy does not affect your legal rights
8 Faulty goods
If any of the goods that you ordered arrive damaged or faulty please contact us via telephone on 01889 560999 or via email on email@example.com within 48hrs of delivery. It is important that you email us digital photo's of the affected item so that we can assess the problems as quickly as possible.
Full refunds of the cost of an order are conditional on the above conditions being met and the refund will only be authorised after all returned items have been thoroughly inspected by our returns department. If, through no fault of our own, we cannot gain access on the date agreed, redelivery, return or cancellation fees may apply (see 5.2).
If after inspection at our warehouse a returned item is found to be damaged or the packaging in very poor condition that means that it is not fit for resale as a new item a deduction may be made from the refund to reflect this degredation in value.
10 Product Guarantees
- We guarantee all products against faulty workmanship and / or faulty materials for a period of 12 months from the date of delivery. We reserve the right to inspect the product and verify the fault in more detail after initially assessing the product via digital photo's. This guarantee does not cover reasonable wear and tear and any natural movements within the wood.
- Wood is obviously a natural product and we have listed some examples below that will not be classed as faulty or defective. By purchasing from Top Furniture Ltd you are accepting the statements below.
- We offer many different ranges of oak furniture that come in different colours, grain patterns and textures. Some ranges have a more clean oak finish with very little variation in colour and grain and some ranges have a more rustic nature with small knots, blemishes and colour variation across the table top. If you have a specific requirement for one of these types then please speak with one of our sales agents or email us for advice prior to ordering. On some occasions there may be some limited use of wood filler during the manufacture of the furniture.
- Over time some expansion gaps may begin to appear within the table top areas of some wooden tables as they adjust to the seasonal variations of humidity within a modern central heated home which can be very dry in the winter months. This is usually very minor but is perfectly natural within some furniture ranges. We recommend that the temperature is controlled in the room where the table is used for the first few months to no more than 20 degrees C to allow it to adjust to the dryer air within a home more naturally and gradually. If you decide to use your furniture in a conservatory or a room with underfloor heating it will invalidate your 12 month product guarantee as it may force the oak wood within your furniture to lose any remaining moisture too quickly.
- All of the furniture that we sell may need some maintenance from time to time to as detailed on our oak furniture care webpage to keep them in tip top condition. We recommend that all of our oiled or waxed oak furniture products get an annual waxing or oiling to nurish the wood and to keep it more resistant to liquid spillages. Failiure to care for your furniture in the correct manner as detailed on our furniture care webpage may invalidate your 12 month furniture warranty guarantee. We are more than happy to offer additional advice regarding how to care for your furniture.
- We recommend that any mats or partial coverings that are used on dining room tables are moved around every few weeks to reduce the chances of sunlight bleaching the colours across parts of the table top.
- We recommend that mats and coasters are used to keep plates, cups and glasses out of direct contact with the table surface. Any spillages on the furniture should be wiped up immediately with a dry lint free cloth. If Top Furniture Ltd feels that it is impractical to replace a damaged or faulty furniture item we reserve the right to repair the furniture, offer a contribution towards a repair or to refund your order.
Changes to these terms
These terms were last changed on 11/06/2018
These terms apply to your order. We may change our terms and conditions at any time, so please do not assume that the same terms will apply to future orders.
- We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods, at any time and without advance notice.
- You are advised that Content may include technical inaccuracies or typographical errors.
- We give no warranty and make no representation, express or implied, as to:
- the adequacy or appropriateness of the Goods for your purpose.
- compatibility of Our Web Site with your equipment software or telecommunications connection.
- compliance with any law;
- non-infringement of any right.
- Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
12 Content and Intellectual Property Rights
- Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
- You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
- You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
13 System Security
- You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
- you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so.
- You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
- Examples of violations are:
- accessing data unlawfully or without consent;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- taking any action in order to obtain Goods to which you are not entitled.
- You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of:
- any violation of system security as set out above;
- your use of Our Web Site;
- any other breach or violation of this agreement by you;
- the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
15 Contractual Limitation
Where we provide Goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.
16 Rights of third parties
Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
18 No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
19 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
To provide our customers with peace of mind and to demonstrate our commitment to responsible retailing, Top Furniture is a registered full member of The Furniture Ombudsman/Dispute Resolution Ombudsman*. The Furniture Ombudsman/Dispute Resolution Ombudsman* is an independent not-for-profit organisation which raises standards and is approved by the government to provide alternative dispute resolution services. We follow their Code of Practice which provides our customers with additional protection if things go wrong. To find out more about The Furniture Ombudsman/Dispute Resolution Ombudsman* and how to use their service, visit www.thefurnitureombudsman.org/www.disputeresolutionombudsman.org or telephone 0845 653 2064. The ODR Platform can be accessed by following the link: http://ec.europa.eu/odr
If you are not entirely satisfied with your purchase please contact our customer service department on 01889 560999 / firstname.lastname@example.org We will try to resolve any issues that you have as quickly as possible and if necessary we will explain how to follow our complaints procedure. If you remain unhappy with our final response, you may be entitled to refer your complaint to The Furniture Ombudsman/Dispute Resolution Ombudsman* and we are bound to follow any decision that they make.
20 Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
21 Governing Law
This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
22 Discount Codes
Any discounts applicable for discount codes are only valid against full priced items. For example if you find a discount code with a 5% discount offer and there is an item on our website with an existing discount of 15% then no further discount will apply as the largest possible discount already applies. If you find an item with a 5% discount already applied then the discount code will offer the 5% discount off the higher 'Was' price resulting in an extra discount. Please talk to us before purchasing if any of this is unclear but in simple terms 'discount codes cannot be used in conjunction with any other voucher, promotion or offer.'
23 Lowest Price Guarantee / Black Friday Deals
From 26/10/2018 until 31/12/2018 we are running a campaign on this website for 'Lowest Prices Of The Year Guaranteed or we will refund the difference’. If an item is reduced in price on its product page between these dates and a customer has already ordered at a higher price between these dates then it will be the responsibility of the customer to contact Top Furniture to raise the refund request with us by midnight 31st Dec 2018 via email to email@example.com or via telephone to 01889 560999. Refunds will then be processed within 14 days once the details have been verified and processed. 'Refund the difference' offer does not apply if the customer later finds a discount code that was not originally used when placing the order or if the customer is taking advantage of any other discount, offer or deal, both on the website or from a Top Furniture member of staff.
24 Request a Wood Sample
We will not use your email address for any email marketing or similar activities when it is submitted via the request a wood sample form that is enabled on some product pages.
25 Clearance Items
No further discounts are possible against clearance items which are often heavily discounted slight seconds or customer returned items. Additional discount for clearance items with discount codes is not allowed.
Any extra discount agreed for clearance chairs only applies to a quantity of chairs that the discounted clearance dining table is designed to seat. For example a 6 seater clearance dining table can be combined with 6 dining chairs with a possible extra discount. We cannot offer any additional chairs with a further discount.
If you have any questions please contact us at firstname.lastname@example.org