This page (together with the documents referred to on it) tells you the terms & conditions on which we supply our services described on our website https://bespokeutilitydesign.uk to you (“Services”). Our primary services are; bespoke home furniture, media walls and utility cabinets.
Please read these terms and conditions carefully before ordering any Services from our website. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from our website.
1. Privacy policy and contact.
1.1. You acknowledge and agree to be bound by the terms and conditions of our privacy policy.
1.2. By placing an order for the Services, you consent to us sending to you email. email is our primary method of communicating with you and will inform you about your purchase and any additional services.
2. Information about us.
2.1. bespokeutilitydesign.uk is a website owned and operated by Buddy Bushell who’s business address can be found on the contact us page.
3. Your status.
3.1. By placing an order through our website, you warrant that:
3.1.1. you are legally capable of entering into binding contracts.
3.1.2. you are at least 18 years old.
3.1.3. If you are acting on behalf of someone else, a company or other business, you further warrant that you personally have the authority to bind that other person, company or business on whose behalf you are placing an order.
4. The order process.
4.1. Our pricing and purchase process is very simple and clear, however with all bespoke furniture if you require our furniture to be made outside our standard sizes that’s absolutely no problem and a price change may be required but again it will be clear and simple, just let us know what you require and it will be done.
Some of our products are pay in full and others are pay in 3. The process for production will follow the same process as Pay in 3 products even when payment is made in full.
4.2. Deposit 25%
4.2.1 Once this payment is made you will be contacted to arrange a survey within 2 weeks. Our surveyor will attend your property and accurately measure and photograph the area/room where the furniture is to be installed to make sure it will fit.
4.3. Production Cost 65%
4.3.1 Once the survey has been carried out a CAD generated image will be created showing your new furniture in your home with your colour schemes for your approval.
At this point if there’s anything you want to change or add then a new CAD image will be supplied, we will not want to proceed with your order until you are satisfied with the colour scheme or any alterations because once it goes into production any changes may incur additional cost.
Once you are satisfied a 65% production payment will be required.
4.4. Fitting Cost 10%
4.4.1. When your furniture is ready for fitting you will be contacted to arrange a convenient time and day depending on furniture choice for fitting.
At this point a 10% fitting cost will need to be made and this may include a delivery fee if outside Northamptonshire.
On the day of fitting our fitters will arrive and and apply any floor/home protection prior to installation, they will move any furniture if it’s deemed inconvenient to work round and take every safety precaution.
Once fitting is complete you will be given a thorough demonstration of your new furniture and any advice you might need in it’s maintenance and operation, if you need help installing your tv we’ll help, then put your furniture back.
Once installed your one years guarantee will commence.
We aim to have your furniture installed within 6 weeks of order, but this may vary a little depending on demand.
5. How the contract is formed between you and us.
5.1. After placing an order, you will receive an e-mail from us confirming your order. The contract between us (“Contract”) will only be formed upon successful payment for your order.
5.2. The Contract will relate only to those Services we have confirmed in the confirmation email.
6. Our status.
6.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
7. Consumer rights.
7.1. You have the right to cancel any time within 14 days, however cancellation must take place no later than the day before survey or no later than 14 days commencing from the day after you receive the order confirmation email, or which comes first to qualify for a full refund. A 10% late cancellation fee is deducted from the refund if cancelled after this deadline.
7.2. This provision does not otherwise affect your statutory rights.
8. Our limited refund.
8.1. Once the Contact has been formed you may, subject to clause 8.2, cancel the Contract in relation to Our services, you may cancel at any time up to 14 days commencing the day after receipt of the order confirmation email to qualify for a full refund. If you do so, you will receive a full refund of the price paid. We will refund the price you have paid to the credit card, debit card or other account you used to make that payment. No other refund will be made. Limited to one per customer.
8.2. To cancel the Contract under clause 8.1, you must contact us at sales@bespokeutilitydesign.uk no later than 14 days commencing from the day after you receive your order confirmation email or the day before survey, whichever comes first. If you need any assistance please don’t hesitate to contact us.
8.3. If cancellation takes place after the limited time period you will receive a refund less the 10% late cancellation fee.
9. Price and payment.
9.1. The price of any products and payment options will be as quoted on our website.
9.2. The total cost of each order will be set out clearly on the checkout page.
10. Support.
10.1. If you require any support reach out to us through our contact form on the contact us page.
11. Our liability.
11.1. All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.
11.2. We do not exclude or limit in any way our liability:
11.2.1. For death or personal injury caused by our negligence.
11.2.2. Under section 2(3) of the Consumer Protection Act 1987.
11.2.3. For fraud or fraudulent misrepresentation.
11.2.4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.3. We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:
11.3.1. Loss of income or revenue.
11.3.2. Loss of business.
11.3.3. Loss of profits or contracts.
11.3.4. Loss of goodwill.
11.3.5. Wasted management or office time.
11.4. Where you buy any product or service from a third party seller through following a link on our website to such third party’s website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions.
12. Warranty.
12.1. That part of the Contract relating to fitting and warranty for your furniture will commence the day of fitting. The warranty will last for 1 year (365 days) from the day of fitting.
12.2. Warranty is not valid for intentional or accidental damage caused like scratches or broken through improper use of the furniture. We may supply a scratch repair kit with your furniture.
13. Deletion of your data.
13.1. If you wish to know what data we hold about you and would like us to delete that data, simply write to us at our business address which can be seen on the contact us page.
13.2. Please allow up to 30 days for this request to be carried out.
14. Additional terms.
14.1. Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point.
15. Written communications.
15.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16. Notices.
16.1. All notices given by you to us must be given though our contact form on the contact us page or in writing by mail. We may give notice to you at either the then current e-mail or postal address registered against your account with us.
17. Third party rights and transfer of rights and obligations.
17.1. Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
17.2. The Contract is binding on you and us and on our respective successors and assigns.
17.3. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
17.4. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
18. Events outside our control.
18.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
18.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
18.2.1. Strikes, lock-outs or other industrial action.
18.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
18.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
18.2.4. Impossibility of the use of public or private telecommunications networks.
18.2.5. The acts, decrees, legislation, regulations or restrictions of any government.
18.3. Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
19. Waiver.
19.1. If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16.
20. Severability.
20.1. If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms and conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. Entire agreement.
21.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
21.2. We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
21.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
22. Our right to vary these terms and conditions.
22.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements.
22.2. You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the order confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the order Confirmation).
22.3. No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.
23. Law and jurisdiction.
23.1. Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between us both.
