Terms and conditions

1.1- We are Joseph James Furniture Outlet LLP (trading as Joseph James Furniture Outlet), a company registered in England and Wales under company number: OC429984.

1.2- Our registered office is at: The Old Workshop, 12b Kennerleys Lane, Wilmslow, Cheshire, United Kingdom, SK9 5EQ.

1.3- Our VAT number is: 353997841

1.3.1- This contract sets out: (a) your legal rights and responsibilities; (b) our legal rights and responsibilities; and (c) certain key information required by law

1.3.2- In this contract: (a) ‘we‘ ,’us’ or ‘our’ means Joseph James Furniture Outlet LLP; and (b) ‘you’ or ‘your’ means the person buying goods from us

1.3.3- If you have any questions about this contract or any orders you have placed, please contact us by: (a) sending an email to customerservice@josephjamesfurnitureoutlet.com or (b) calling us on 07399438386 (our telephone lines are open between 4pm and 8:30pm every Monday, Tuesday, Thursday and Friday).

1.4- For the purposes of these terms, you are a ‘consumer’ if you are buying goods from our site or our store as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying goods from our site or our store for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully

1.5- If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us

1.6- If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.

2.1- If you buy goods from us you agree to be legally bound by this contract.

2.2- This contract is only available in English. No other languages will apply to this contract

2.3- When buying any goods from us you also agree to be legally bound by:

2.3.1- our website terms and conditions and any documents referred to in them, where you are buying goods through our website

2.3.2- extra terms which may add to, or replace some of, this contract. We may change our terms at any time to reflect changes in relevant laws and regulatory requirements and to make minor technical adjustments and improvements. If we intend to make any major changes to the terms and conditions applicable to your order we will contact you to let you know by giving you one month's notice. If we notify you that we intend to make major changes to these terms you can end our contract by giving us one month’s notice; and

2.3.3- specific terms which apply to certain goods. Any such terms will be made known to you prior to your purchase.
All of the above documents form part of this contract as though set out in full here.

This clause only applies to you if you are a consumer

3.1- By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. We will confirm this key information with you before you order and when you have ordered online it will also be included in our acknowledgement email. You can also request a copy of the key information by contacting us using the contact details set out at the top of this page.

3.2- The key information we give you by law forms part of this contract (as though it is set out in full here).

3.3- If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

4.1- Our Privacy Policy is available here.

4.2- Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

5.1- Below, we set out how a legally binding contract between you and us is made.

5.2- You may place an order on our site, over the telephone or in store. Please ensure that any information you provide to us when ordering goods is accurate and that you have checked relevant measurements with us and delivery access to your home prior to making your order. Where applicable please read and check your order carefully before submitting it, for example when you order goods through our site. You will be able to correct any errors before submitting your order to us.

5.3- Once you have placed an order we will provide you with an order acknowledgement. This order acknowledgement does not, however, mean that your order has been accepted by us. Where you have provided an email address when making your order we will send the order acknowledgement to that email address.

5.4- We may contact you to say that we do not accept your order. This is typically for the following reasons:

5.4.1- the goods are unavailable;

5.4.2- we cannot authorise your payment;

5.4.3- you are not allowed to buy the goods from us

5.4.4- we are not allowed to sell the goods to you;

5.4.5- you have ordered too many goods;

5.4.6- there has been a mistake on the pricing or description of the goods; or

5.4.7- an issue has arisen in relation to a credit or finance application related to your order

5.5- For orders made on our site or by telephone will only accept your order when we contact you to confirm this (we call this the “Order Confirmation”). For in-store purchases we accept your order at the time you make it. At this point:

5.5.1- the goods are unavailable;

5.5.2- we cannot authorise your payment;

5.6- Please note that if you are under the age of 18 you may not buy goods from us

This clause only applies to you if you are a consumer

6.1- The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that where you have bought goods online or over the telephone, you can change your mind up to 14 days after receiving your goods and get a full refund in most cases.

6.2- If you have bought goods through our website or over the telephone you have the right to cancel this contract within 14 days without giving any reason.

6.3- These cancellation rights do not apply where you have bought goods in store.

6.4- The cancellation period will expire after 14 days from the day on which you acquire, or a third party (other than the carrier) indicated by you acquires, physical possession of the goods.

6.5- To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or an email) using the contact details at the top of this page.

6.6- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

7.1- If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

7.2- We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We reserve the right to reduce your refund if the original packaging is damaged or missing.

7.3- We will make the reimbursement without undue delay, and not later than:

7.3.1- 14 days after the day we received back from you any goods supplied; or

7.3.2- (if earlier) 14 days after the day you provide written evidence that you have returned the goods by a reputable delivery service; or

7.3.3- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract

7.4- We will make the reimbursement using the same means of payment as you used for the initial transaction; you will not incur any fees as a result of the reimbursement.

7.5- We may withhold reimbursement until we have received the goods back and we have had a reasonable opportunity to inspect the condition of the returned goods.

7.6- If you have received goods:

7.6.1- you shall send back the goods using a reputable delivery service, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired; or

7.6.2- you may request that we collect the goods from you, in which case we will discuss with you whether this is possible and, if so, will make arrangements accordingly.

7.7- Regardless of whether you are sending the goods back or you have requested that we collect them from you:

7.7.1- you will have to bear the direct cost of returning the goods; and

7.7.2- you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

8.1- We provide an estimated date and time for delivery of the goods in the Order Confirmation (see clause 5.5) or at the time of order for in-store purchases. Whilst we endeavour to be flexible with delivery dates, delivery slots are subject to availability. For orders containing multiple items, the delivery date offered to you is based on the availability of the item with the longest delivery date.

8.2- If changes are made to your order this may affect your delivery date. We will let you know if this is the case.

8.3- If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.

8.4- Delivery will take place at the address specified by you when you placed your order with us

8.5- We may be unable to deliver the goods if we are unable to properly identify you. Please provide our driver with a form of ID (passport or photocard driving licence).

8.6- If nobody is available to take delivery, please contact us using the contact details at the top of this page.

8.7- You are responsible for the goods once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the goods passes to you when you take, or a third party nominated by you takes, possession of the goods.

8.8- We do not make deliveries to any addresses outside of the UK mainland. However, we may agree to deliver the goods to Northern Ireland subject to delivery slot availability and subject to an additional delivery charge. Any additional delivery charge, such as this, will be notified to you during the order process.

8.9- Deliveries to Scotland, and where agreed Northern Ireland, may be subject to delays to delivery timescales due to logistical complications and geographical distances involved. We will notify you of this during the order process.

8.10- In advance of delivery please ensure:

8.10.1- you have undertaken all necessary checks and measurements to ensure that there is adequate doorway, stair access and ceiling clearance, and that the goods can be delivered safely to your room of choice

8.10.2- any potential problems or hazards are rectified, for example all internal or external trip hazards are made safe, all furniture, ornaments, wall fixtures and/or cables that may obstruct or impede safe delivery to your room of choice are removed; and

8.10.3- our delivery lorry can safely reach your home.

If you have any concerns about any of these issues please contact us as soon as possible and always before a scheduled delivery date.

8.11- You acknowledge and accept that our delivery team cannot remove their shoes for health and safety reasons. Our delivery team will wear paper overshoes to reduce the risk of marking floors or carpets.

8.12- You also acknowledge and accept that due to the size and nature of the goods we deliver, often into small spaces and/or with logistical challenges, there is a risk that minor marks, scratches or damage could be caused to your property whilst carrying out delivery. Provided our delivery team have exercised reasonable care and attention in carrying out delivery, we do not accept responsibility or liability for any minor marks, scratches or damage that may occur. If delivery to your room of choice is likely to be challenging for our delivery team for any reason, we recommend that you use temporary coverings to protect walls, furniture and flooring to protect against and to minimise the risk of marks, scratches or damage occurring.

8.13- We may charge you additional sums if you don’t give us information we’ve asked for about how we can access your property for delivery or if you have completed the necessary preparations or measurements to enable delivery to proceed. Where we have attempted delivery but it has not been able to proceed we may charge a failed delivery return fee. Where delivery can proceed but we need to incur additional costs, for example if we need to re-deliver on another vehicle or with extra manpower, reschedule delivery or take other reasonable steps to enable delivery to proceed, we will charge those costs to you.

8.14- Our delivery teams do not: (a) install, assemble or set up goods on your behalf; or (b) remove any packaging materials, as part of delivery. We may, in our absolute discretion, offer to assist with installation or assembly of the goods, or the removal of packaging but we are under no obligation to do so. Please note that if our delivery team agree to remove packaging and you later cancel the contract, we may deduct costs relating to the missing packaging from any refund which may be due to you.

8.15- The collection and disposal of old furniture is an additional and chargeable service. We reserve the right to refuse collection if items aren't wrapped or are still assembled in the property. Under no circumstance should items for disposal be left exposed to the weather and become wet or soiled. We reserve the right to refuse collection in this instance. In addition, our delivery team may refuse to collect such items if they are reasonably concerned about contamination of other customer orders in the delivery vehicle. In this instance a full refund of the charges for the disposal will be given and we shall have no other responsibility or liability in relation to the disposal of such items.

9.1- For in store orders prices will be made clear in store. For telephone orders prices will be notified to you by our telephone sales team. For online orders prices will be those set out on our site at the time of your order. Prices on our site are for online sales only and cannot be applied to in store orders or telephone orders.

9.2- We accept payment by credit card and debit card. We also accept cash for in-store purchases. We may accept payment by Laybuy or other similar third party options. We do not accept payment by cheque.

9.3- We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 4) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

9.4- Your credit card or debit card will only be charged when we accept your order.

9.5- All payments by credit card or debit card need to be authorised by the relevant card issuer.

9.6- If your payment is not received by us and you have already received the goods, you must:

9.6.1- pay for such goods as soon as possible and in any case within 14 days; or

9.6.2- return them to us as soon as possible and in any case within 30 days. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us

9.7- If you do not pay for the goods and fail to return them in accordance with clause 9.6, we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

9.8- Where you are a consumer, nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 6 and 7.

9.9- All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate. We do not charge extra for delivery to addresses in England, Wales or Scotland. Deliveries to Northern Ireland are subject to additional delivery costs which are notified to you prior to your order being made

9.10- You own the goods once payment has been received in full by us.

9.11- We reserve the right to accept either a discount code or cashback but will not accept both on one order. Cashback arrangements are made through an affiliate programme and are not a direct arrangement with us.

10.1- Where you are a consumer customer, the Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality

10.2- We are under a legal duty to supply you with goods that are in conformity with this contract.

10.3- The packaging of the goods may be different from that shown on the site.

10.4- While we try to make sure that all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance in such weights, sizes and measurements in our goods

10.5- We take reasonable steps to ensure that the colours of our goods are displayed accurately on the site. However, you acknowledge and accept that there may be slight variations in the colour of the goods in comparison to the images on our site and that the actual colours that you see on your device may vary depending on the device that you use.

10.6- While we endeavour to ensure comfort grading information is accurate, this is provided for guidance purposes only.

10.7-Any goods sold at discount prices, as clearance goods, ex-display goods, sale goods, or goods with existing defects will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use before you purchase.

10.8- Our sale of clearance goods, ex-display goods, sale goods, or goods with existing defects, are subject to the following terms:

10.8.1- the price of these goods reflects the fact that they may have sustained fair wear and tear or are second hand or that they have existing defects at the time of sale by us;

10.9- If you are arranging your own collection of the goods, the collection must be done on the date agreed. We reserve the right to cancel your order if you do not collect the goods within the specified timescales.

10.10- Our solid hardwood furniture will require treating with wax immediately upon receipt. Ensure that you wax the whole product, not just the top and repeat every six months with natural wax polish. Please treat your furniture immediately on delivery as it may have been in shipping for some time and modern home heating will accelerate the drying process. Failure to treat the furniture as instructed can result in problems that will not be covered by any applicable warranty. This does not affect your statutory rights and as such if you believe the condition of your items is unacceptable then please contact us.

10.11- On rare occasions, due to extreme climate changes in shipping you may find slight swelling on doors or drawers, making them stiff to open. This will usually rectify itself within a week once the timbers adjust to their new environment and heating conditions. You may also find that simply swapping the drawers will remedy the issue. You should however contact us to discuss any such problems and we will agree with you the best and most appropriate remedy, which may include sending an independent furniture technician to inspect the item and, if you agree, effect a suitable repair. Please be aware that you are purchasing natural timber products where slight timber movement in shipping is a possibility. Stiff drawers or doors may rectify themselves in a short period of time.

This clause only applies to you if you are a consumer

11.1- The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.

11.2- For detailed information on your statutory rights we recommend that you contact Citizens Advice by visiting www.citizensadvice.org.uk or calling 0808 223 1133

11.3- Nothing in this contract affects your statutory rights. You may also have other rights in law

11.4- In the unlikely event that there is an issue with the goods on delivery, please notify us upon becoming aware of it and our customer service team will help to resolve the matter for you as quickly as possible. Once your service case has been raised, a member of our customer service team will look into the best way to resolve the situation and you will be contacted within two working days. We will require you to provide certain information about the reported fault (including a photograph of any alleged damage or defect) to enable us to investigate and resolve the issue. Nothing in this paragraph affects your statutory rights.

11.5- All product issues are dealt with by our dedicated customer services team. Product issues should not be reported to our home delivery team or our showroom staff as they are unable to progress a product issue.

11.6- Please do not return goods to store unless this has been agreed in advance by our customer services team. .

12.1- As your sole and exclusive remedy, we will (at our option) repair, replace or refund any goods that, on delivery:

12.1.2- have material defects in design, material and workmanship which were not made known to you, or which you should have reasonably identified, prior to your purchase;

12.1.2- have material defects in design, material and workmanship which were not made known to you, or which you should have reasonably identified, prior to your purchase;

12.1.3-are not of satisfactory quality within the meaning of the Sale of Goods Act 1979.

12.2- The remedies described in clause 12.1, above, are subject to the following conditions:

12.2.1-you must notify us within 24 hours in the case of defects discoverable by a physical inspection, or in the case of latent defects, within 7 days from the date on which you became aware (or should reasonably have become aware) of the defect;

12.2.2-you must provide us with sufficient information as to the nature and extent of the defects;

12.2.3-you must give us a reasonable opportunity to examine the defective goods; and

12.2.4-you must return the defective goods to us at your expense.

12.3- Except as set out in this clause 12, we give no warranties and make no representations in relation to the goods, and all warranties and conditions (including the conditions implied by sections 13–15 of the Sale of Goods Act 1979), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.

12.2- Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including VAT and the cost of delivery.

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

This clause only applies to you if you are a consumer.

14.1- Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

14.1.1-losses that were not foreseeable to you and us when the contract was formed;

14.1.2-losses that were not caused by any breach on our part;

14.1.3-business losses; or

14.1.3-losses to non-consumers.

If you have a comment, concern or complaint about any Goods and Services you have purchased from us, please contact us by telephone on 01903 959 380, by email at info@awenfurniture.co.uk or by post at 54 High Street, Steyning, BN44 3RD. 15.1- Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the total price paid for the products.

15.2- We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:

15.2.1- consequential, indirect or special losses; or

15.2.2-any of the following (whether direct or indirect):
(a) loss of profit;
(b) loss of opportunity;
(c) loss of savings, discount or rebate (whether actual or anticipated); or
(d) harm to reputation or loss of goodwill.

15.3- Nothing in these terms will limit or exclude our liability for:

15.3.1- death or personal injury caused by negligence;

15.3.2- fraud or fraudulent misrepresentation; or

15.3.3- any other losses which cannot be excluded or limited by law.

No one other than a party to this contract has any right to enforce any term of this contract.

17.1- We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.

17.2- If a dispute cannot be resolved or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.

17.3- If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.

17.4- The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

17.5- Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

17.6- We will take any attempt to use a chargeback scheme fraudulently, or otherwise in breach of this contract, very seriously. We reserve all of our rights in such circumstances including, but not limited to, reporting any suspected fraudulent behaviour to the relevant authorities and commencing legal proceedings to recover any losses we suffer as a result and all reasonable legal costs or other expenses we incur in taking such action.