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Bramblecrest Tuscan L-Shape Sofa Set with 3 Year Structural Guarantee

Terms & Conditions

These Terms

1.1. These are the terms and conditions on which we supply products to you.

1.2. 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.

2. Information about us and how to contact us

Who we are

We are BDP Imports Limited trading as Bramblecrest a company registered in England and Wales. Our company registration number is 4031966 and our registered office is at Midway House, Herrick Way, Staverton Technology Park, Staverton, Cheltenham, Gloucestershire GL51 6TQ. Our registered VAT number is 754 1996 96

2.1. Who we are

We are BDP Imports Limited trading as Bramblecrest a company registered in England and Wales. Our company registration number is 4031966 and our registered office is at Midway House, Herrick Way, Staverton Technology Park, Staverton, Cheltenham, Gloucestershire GL51 6TQ. Our registered VAT number is 754 1996 96

2.2.  How to contact us

You can contact us by telephoning 01285 760974 or by writing to us at info@bramblecrest.com or Hangar 9, Aston Down Business Park, Stroud, Gloucestershire, GL6 8GA.

2.3.  How we may contact you

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.

2.4.  "Writing" includes emails.

When we use the words “write”, "writing" or "written" in these terms, this includes emails.

3. Our contract with you

3.1.  How we will accept your order

Our acceptance of your order will take place when we write to you to accept it, at which point a contract will come into existence between you and us.

3.2.  If we cannot accept your order

If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3.  Your order number

We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4.  We only sell to the UK

Our brochure and website are solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

4. Our Products

4.1.  Products may vary slightly from their pictures

The images of the products in our brochure and 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 or the printed pictures in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2.  Product packaging may vary

The packaging of the product may vary from that shown in images on our website or in our catalogue or brochure.

5. Your rights to make changes

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 for delivery 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.

6. Our rights to make changes

6.1.  Minor changes to the product

We may change the product at any time to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example, to address a health and safety issue. We will inform you if these changes may affect your use of the product.

6.2. More significant changes to the product and these terms

In addition, as we informed you either in the description of the product at the time you placed your order, or in our brochure, or on our website, we may make the following changes to the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect:

6.2.1. the colour of the product; and/or

6.2.2. the fabric of the product

7. Providing the products

7.1. Delivery and assembly costs

The costs of delivery and any agreed assembly will be as told to you during the order process.

7.2. When we will provide the products

During the order process we will let you know when we will deliver the products to you or when the products will be ready for collection from us. Where we have agreed to deliver the products to you, the products will be delivered to the address set out in the order.

7.3. We are not responsible for delays outside our control

If our delivery, or any agreed assembly of the products, or the availability of products for collection 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.

7.4. Collection by you

If you have agreed to collect the products from our premises, you can collect the products from us at any time during our working hours of 9:00am – 4.30pm on weekdays (excluding public holidays).

7.5.    If you are not at home when the product is delivered

If no one is available at your address to take delivery our designated courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.6.   If you do not re-arrange delivery

If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and 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 or collection we may end the contract and clause 10.2 will apply.

7.7.   If you do not allow us access to assemble

If you have asked us to assemble the products for you and you do not allow us access to your property as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.

7.8.   Your legal rights if we deliver late

You have legal rights if we deliver any products late. Subject to clause 7.3, if we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:

7.8.1. we have refused to deliver the products;

7.8.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

7.8.3. you told us before we accepted your order that delivery within the delivery deadline was essential.

7.9.   Setting a new deadline for delivery

If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

 

7.10.   Ending the contract for late delivery

If you do choose to treat the contract as at an end for late delivery under clause 7.8 or clause 7.9, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.

7.11. When you become responsible for the product

The product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you, or when you collect it from us.

7.12.   When you own the products

You own the products once we have received payment in full and in cleared funds.

 
7.13.   What will happen if you do not give required information to us

We may need certain information from you so that we can supply the products to you and, if agreed, to assemble them for you, for example, your personal details. If so, this will have been stated in the description of the products provided at the time you place your order or in our brochure or on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 10.1) and clause 10.2 will apply, or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying or assembling the products late or not supplying or assembling any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.14.    Reasons we may suspend the supply of products to you

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

7.14.1. deal with technical problems or make minor technical changes;

7.14.2. update the product to reflect changes in relevant laws and regulatory requirements;

7.14.3. make changes to the product as requested by you or notified by us to you (see clause 5 and clause 6).

7.15.   Your rights if we suspend the supply of products

We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 1 month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.16. We may also suspend supply of the products if you do not pay

If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).

8. Your rights to end the contract

8.1. You can always end your contract with us

Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
8.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3. If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions (see clause 9.6) and you may have to pay the costs of return of any goods;
8.1.4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.4.

8.2. What happens if you have good reason for ending the contract

If you are ending the contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:

8.2.1. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);

8.2.2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

8.2.3. there is a risk that supply of the products may be significantly delayed because of events outside our control;

8.2.4. we have suspended supply of the product for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 1 month; or

8.2.5. you have a legal right to end the contract because of something we have done wrong (but see clause 7.8 in relation to your rights to end the contract if we deliver late).

8.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013)

You have 14 days after the day you (or someone you nominate) receives the goods to change your mind and receive a refund, unless your goods are 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 goods.

8.4. Ending the contract where we are not at fault and there is no right to change your mind

Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered. If you want to end the contract in these circumstances, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) a restocking charge of £50 and an additional amount as reasonable compensation for any other net costs we will incur as a result of your ending the contract.

9. How to end the contract with us (including if you have changed your mind)

9.1. Tell us you want to end the contract

To end the contract with us, please let us know by doing one of the following:

9.1.1. Phone or email. Call us on 01285 760974 or email us at info@bramblecrest.com Please complete the cancellation form we gave you with your order or provide your name, home address, details of the order and, where available, your phone number and email address and full details about why you want to end the contract.

9.1.2. By post. Simply write to us at that address, enclosing the completed cancellation form we gave you with your order or provide your name, home address, details of the order and, where available, your phone number and email address and full details about why you want to end the contract.

9.2. Returning products after ending the contract

If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Hangar 9, Aston Down Business Park, Stroud, Gloucestershire, GL6 8GA or (if they are not suitable for posting) allow us to collect them from you. Please call us on 01285 760974 or email us at info@bramblecrest.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods or allow us to collect them from you within 14 days of telling us you wish to end the contract.

9.3. When we will pay the costs of return. We will pay the costs of return:

9.3.1. if the products are faulty or misdescribed; or

9.3.2. if 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 you must pay the costs of return.

9.3.3. if you are exercising your right to change your mind (see clause 8.3) and you placed your order with us in person (rather than by email or telephone) at a location other than our business premises we will collect the product from you and not charge you for the cost of return.

9.4. 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 as notified to you in writing before we collect the product from you.

9.5. How we will refund you

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 in clauses 8.4 and 9.4 above and clause 9.6 below.

9.6. Deductions from refunds

If you are exercising your right to change your mind (see clause 8.3):

9.6.1. 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 and/or because the goods are no longer in a brand new and unused condition and/or because the packaging of the goods has been removed or is no longer in a reasonable condition. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way and/or the goods are no longer in a brand new and unused condition and/or the packaging of the goods has been removed or is no longer in a reasonable condition, you must pay us an appropriate amount and we reserve our right to charge this, pending such inspection.

9.6.2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.7. 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:

9.7.1. If the products are goods and we have not offered to collect them, 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. For information about how to return a product to us, see clause 9.2.

9.7.2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

10. Our rights to end the contract

10.1. 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:

10.1.1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

10.1.2. 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, your personal details; or

10.1.3. you do not, within a reasonable time, allow us to deliver the products to you and, if agreed, we install them or collect them from us.

10.2. You must compensate us if you break the contract

If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you a restocking charge of £50 and an additional amount as reasonable compensation for any other net costs we will incur as a result of your breaking the contract.

10.3. We may withdraw the product

We may write to you to let you know that we are going to stop providing the product. We will let you know at least 1 month 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.

11. If there is a problem with the product

11.1. How to tell us about problems

If you have any questions or complaints about the product, please contact us. You can telephone our consumer service team at 01285 760974 or write to us at info@bramblecrest.com or Hangar 9, Aston down Business Park, Stroud, Gloucestershire, GL6 8GA.

11.2. Summary of your legal rights

We are under a legal duty to supply products that are in conformity with this contract. For detailed information of your legal rights please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these terms will affect your legal rights.

11.3. Your obligation to return rejected products

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

11.4. Your right to make a claim under our guarantee

Subject to clause 13.3, you may be entitled to make a claim under our guarantee depending on the product you have ordered which is in addition to your legal rights and does not affect them. Details of our guarantee are set out on our website.

You will need to register the purchase of your product within 28 days of delivery in order to claim under the guarantee. We will accept liability under the terms of our guarantee provided that the person seeking to rely on it is the original purchaser or can produce a letter or chain of letters from the original purchaser and subsequent purchasers (where appropriate) transferring the benefit of the guarantee to the new owner of the product in question.


12. Price and payment

12.1. Where to find the price for the product

The price of the product (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2. 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 (including delivery and any assembly costs) in full before the change in the rate of VAT takes effect.

12.3. 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, we will contact you for your instructions before we accept your order. 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 terminate the contract, refund you any sums you have paid and require you to return the product at our expense.

12.4. When you must pay and how you must pay

We accept payment with the major credit and debit cards. You must pay for the products (including delivery and any assembly costs) before we dispatch them.

12.5. 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.

12.6. What to do if you think an invoice is wrong

If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

13. Our Responsibility for loss or damage suffered by you

13.1. 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, but we are not responsible for any loss or damage that is not foreseeable. 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.

13.2. When we are liable for damage to your property

If we are assembling in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the assembly service.

13.3.

If we are not assembling the products and you or any other third party is assembling these, should any defects, damage and/or faults arise as a result of such products being improperly assembled, stored, used and/or not used in accordance with the our manuals, or in accordance with our oral or written instructions as to the storage, commissioning, installation or use of the products, we shall not be liable for any such defects, damage and/or faults caused to you or the products.

13.4. We are not liable for business losses

In the context of these terms 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.

 

13.5. Liability Cap

Our total liability arising under or in connection with these terms and conditions, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the price paid for the products.

14. How we may use your personal information

14.1. How we will use your personal information

We will use the personal information you provide to us:

14.1.1. to supply the products to you;

14.1.2. to process your payment for the products; and

14.1.3. if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.

14.2.

We will only give your personal information to third parties where the law either requires or allows us to do so.

14.3.

For more information on how we use your personal data, please see our privacy policy, a copy of which is available here

15. Other important terms

15.1.

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2.

You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We will not agree, for example, if you are seeking to transfer your rights to a person who has not purchased the product from you.

15.3.

Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4.

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.

15.5.

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 products, we can still require you to make the payment at a later date.

15.6.

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

15.7.

We reserve the right to make changes to these terms, our policies and our guarantee, at any time upon notification to you. You will be subject to the terms and conditions, policies and guarantee in force at the time that you order our products and/or use our services. If these terms are altered, amended or re-issued, we will notify you and a copy of those terms will be sent to you prior to those changes having effect.