TERMS OF SALE

1. Definitions

(1) In these terms and conditions:

“Approved Card” means a MasterCard, VISA card, Maestro Card, American Express Card or Paypal (that is to say, a credit or debit card issued by a bank or other financial institution that is affiliated to MasterCard International Inc. or VISA International Service Association);

“Cancellation” means the cancellation of a Contract;

“Cancellation Notice” means the notice to cancel this contract by clicking this link;

“Card Issuer” the bank or other financial institution that issues your payment card;

“the Conditions” means these terms and conditions;

“Contract” means a legally binding agreement between you and us whereby you agree to buy from us, and we agree to sell to you, the Goods;

“Date” means the date upon which the Conditions come into force;

“Delivery” means delivery of the Goods to the address set out in the Order Form;

“the Goods” means one or more items of furniture or furnishings that you order from us;

“Order” means an order placed by you for the Goods;

“Order Form” means the form generated by placing an order;

“Redeem Voucher” or “Buy Now” link;

“Payment” means the consideration for the Goods;

“Suppliers” the manufacturer or artisan who makes the Goods; and

“the Website” means the website at www.thechildrensfurniturecompany.com

(2) The pronouns “we”, “our” and “us” refer to Caphan Trading Limited (trading name:  The Children’s Furniture Company) a private company incorporated in England and Wales under company number 8140304 having its registered office at The Mansion, Bletchley Park Science & Innovation Centre, Milton Keynes, MK3 6EB.

(3) The pronoun “you” refers to the person who completes an Order Form.

2. Contracts to which these conditions apply

2.1 These Conditions come into force on the Date and apply to all Contracts made through the Website after the Date unless and until the Conditions are revoked, replaced or varied.

2.2 We may revoke, replace or vary the Conditions at any time without consulting you but, if and when we do so, such revocation, replacement or variation will not affect any Contract that you may make with us beforehand.

2.3 Whenever we change the Conditions we shall change the version number and Date.

2.4 You should check the version number and date to see whether new conditions apply and if so to look them up whenever you place an order.

3. Importance of these Conditions

3.1 The Conditions set out our rights against, and obligations towards, you, and your rights against, and obligations, towards us.

3.2 Before you place an Order you should read the Conditions very carefully and, if possible, save or print out a copy for future reference because.

a) Whenever you place an Order you indicate that you accept the Conditions and agree to be bound by them.
b) We will not accept an Order from you unless you accept the Conditions.

4. Information about us

4.1 Although we are incorporated in the name of Caphan Trading Limited under company number: 8140304 we trade in the name of The Children’s Furniture Company.

4.2 Our trading address is The Childrens Furniture Company, The Mansion, Bletchley Science & Innovation Centre, Milton Keynes, MK6 3EB and you can also contact us by telephone on 0843 289 2646 or email at care@thechildrensfurniturecompany.com.

5. Geographical Scope

5.1 Because consumer protection laws vary from country to country we make different arrangements for customers in different countries.

5.2 These Conditions apply only to orders from residents of the United Kingdom of Great Britain and we shall not accept Orders from anywhere else.

6. Listing

6.1 Because many of those goods are made by hand there are likely to be slight differences in decoration and finish in each product that is made including differences between the examples in photographs on the Website and the items that we deliver, but those differences will not diminish an item’s quality or value.

6.2 Our prices include valued added tax but exclude the cost of Delivery, which will be shown to you on the Order Form at the checkout stage.

6.3 Where we display a “typical high street” price on our website we refer to the price of the same or similar item in a furniture shop, department store or other retailer and not the price that we charge you.

6.4 All statements (whether written or oral), drawings, photographs, specifications on advertising issued by us and any descriptions or illustrations concerning the Goods made, whether on the Website, in catalogues, brochures, leaflets, price lists or otherwise, are for the purposes of information and guidance only.  Unless and until orders are accepted by us on the basis of estimates or quotations, they shall not be binding upon us.

6.5 We reserve the right to amend products specifications without prior notice and, where dimensions are specified, these contain a 5% margin either way to allow for manufacturing tolerance.

6.6 All delivery lead-times are estimates and are subject to change, we reserve the right to change delivery lead-times without prior notice.

6.7 We do not warrant that the Goods are fit for any particular purpose or intended use by you and it is for you to satisfy yourself that the Goods are so fit.

6.8 We warrant that upon Delivery;

(i) The Goods are sold with good title; and

(ii) In all material respects the Goods will comply with our current published specification for the Goods (or, where there is none, that they comply with any specification appearing on our order confirmation and are made with sound materials and workmanship to normal standards accepted in the industry) at the time of delivery.

7. Contracts

7.1 A Contract comes into being when, and only when, we accept your Order and Payment.

7.2 Orders must be placed on the Order Form.

7.3 Acknowledgment of an Order shall not indicate acceptance of the Order.

7.4 We shall indicate that we have accepted your Order when we acknowledge receipt of Payment.

7.5 You may withdraw your Order at any time before we accept and despatch it by sending an email to us at care@thechildrensfurniturecompany.com or by writing to us at The Children’s Furniture Company, The Mansion, Bletchley Park Science & Innovation Centre, Milton Keynes, MK3 6EB quoting your name, address, the name or a description of the goods and your order reference number.

8. Payment

8.1 Payment may be made by means of an Approved Payment Card.

8.2 By placing an Order, you agree to the following:

(a) we may debit Payment to the card account entered on the Order Form;

(b) you assure us that:

(i) all the information you enter in the Order Form is correct;

(ii) the payment card or voucher you are using is your own; and

(iii) there are sufficient funds or credit to cover the cost of the goods that you order; and that

(iv) those goods are for your own private or domestic use only and not for resale;

(c) you authorise us to transmit the information provided by you on the Order Form (included any updated information) for the purpose of obtaining authorisation from your card issuer or the issuer of your voucher to:

(i) satisfy ourselves you have sufficient funds or credit to pay for the goods,

(ii) authenticate your identity, and

(iii) validate your payment card or voucher and for other security reasons, such as fraud prevention; and

(d) you submit to the jurisdiction of the courts of England and Wales.

8.3 We may carry out checks that include obtaining authorisation from your card or voucher issuer to ensure you have adequate funds or credit and are otherwise entitled to contract with us.

8.4 Those checks may include validating your name, address and other personal information supplied by you on the Order Form against databases maintained by card and voucher issuers, registered credit reference and fraud prevention agencies and other third parties.

8.5 We shall contact you should any problem occur with acceptance or processing of your Order.

8.6 We will take all reasonable care to keep the details of your order and payment secure but cannot be liable for loss or damage that you may suffer should a third party obtain any data you provide in transit to or from the Website.

8.7 Unless otherwise agreed by us in writing the price for the Goods shall be the price set out on the website on the date of the Order Form.

9. Our Performance

9.1 We shall have performed our obligations under the Contract if we deliver items that are the same or substantially similar to the photographs and description on the Website.

10. Your Right to Cancel

10.1 You may cancel a Contract from the moment we acknowledge receipt of Payment until 30 days after the date upon which you receive the Goods.  No replacement items will be issued 30 days after the date upon you receive the Goods.

10.2 You may cancel your Order or part of your Order by sending an email to us at care@thechildrensfurniturecompany.com, or a letter to The Children’s Furniture Company, The Mansion, Bletchley Park Science & Innovation Centre, Milton Keynes, MK3 6EB quoting your name, address, the name or a description of the Goods and your order reference number.

10.3 If you have received the Goods you must complete a returns form and email it to care@thechildrensfurniturecompany.com.  If your Order has arrived damaged we will ask you to send us a photo of the damage to assist us in taking the appropriate course of action. We would highly recommend that any damaged items are stored in a safe location away from any children until we have resolved the query.

10.5 If you have received the Goods you must return the Goods to us.  To assist customers we can offer a collection service for medium and large items only.  Any charges related to the collection will be passed on to the customer and deducted from any refund.

10.6 The Goods must be returned to us in the same condition in which you received them in their original packaging and in a resaleable condition.  We retain the right to refuse a refund on any item not deemed resaleable.

10.7 You must take reasonable care of the goods while they are in your possession and if you fail to comply with this obligation, we may have a right of action against you for damages, and a refund can be refused.  This duty of care includes the products being sent back in the original, unmarked or undamaged packaging or in a good enough quality transport packaging to avoid any damage during the transportation back to our warehouse.

10.8 Items must not have been used or assembled in any way. Returns cannot be accepted once the assembly process has begun.

10.9 Damaged items will not be replaced if your product has been assembled or if the item is located at a different address than the shipping address on the Order.

10.10 Children’s mattresses and children’s bedding cannot be returned once the packaging has been opened (due to hygiene and safety reasons).

10.11 We do not accept responsibility for items lost or damaged in transit.

10.12 Refunds will be credited to your card, bank or Paypal account within 30 days from receipt of your returned goods in our warehouse or notification of your cancellation in writing.

10.13 We will deduct from the refund:

(a) our reasonable carriage, insurance and freight charges for Goods that are in transit to the United Kingdom at the time of cancellation; and

(b) our reasonable delivery charges if you cancel/return your order after you have received the Goods

(c) any collection charges if you cancel after you have received the Goods and request us to collect your Goods

10.14 Orders which have qualified for a free of charge delivery at point of sale, due to a promotion or sale offer are not exempt. The standard home delivery cost will be deducted from the refund total.

10.15 Should any modifications, adaptations or any other remedial work be carried out on any items without our written consent, then you cannot return your goods and no refund shall be issued. We strongly recommend that under no circumstances any modifications are carried out on any of our products – If you choose to do so this is at your own risk.

11. Delivery

11.1 Goods will be delivered to you at the address you provide on the Order Form.

11.2 Small items (below 10kg) – As soon as the goods are ready for delivery, small items will be delivered within 5 – 7 working days by our parcel service. Small items will be delivered any time between 8am-5pm.

11.3 Medium & Large items (above 10kg) or orders with multiple items – As soon as the goods are available for delivery, our courier company shall contact you by telephone to arrange a date for delivery.  The delivery will be made between Monday and Friday (8am to 6pm) unless Express (Saturday) service is selected.

11.4 Medium & Large items or orders with multiple items (Express Delivery Service) – As soon as the goods are ready for delivery, the delivery will be made the next working day, if you select the Express delivery option before 12pm.  Express Delivery Service for large items or orders with multiple items will be made on a pallet delivery service.  The Express Delivery service will not guarantee delivery into the house and is not a home delivery service.

11.5 All delivery lead times are estimates and are subject to change, we reserve the right to change delivery lead times without prior notice.

11.6 All deliveries will be made by a third party courier service.

11.7 You must examine the Goods on arrival before you sign for them.  You will be required to sign a form confirming that your order was received in good condition. Missing, damaged goods or packaging should be noted when signing for a delivery.  By accepting the delivery you are accepting that the Goods are in good condition.

11.8 We may charge a re-delivery fee if our courier is unable to deliver the Goods to you.

12. Complaints

If you have any comment, concern or complaint about the Goods or our service, please contact us via email at care@childrensfurniturecompany.com or by post at The Children’s Furniture Company, The Mansion, Bletchley Park Science & Innovation Centre, Milton Keynes, MK3 6EB.

13. Statutory Rights

13.1 Nothing in the Conditions will affect or limit your statutory rights or exclude or limit our liability for:

(i) death or personal injury resulting from our negligence;

(ii) fraud or fraudulent misrepresentation;

(iii) action pursuant to section 2(3) of the Consumer Protection Act 1987; or

(iv) any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.

14. Force Majeure

14.1 Should we be prevented or hindered from performing any obligation by circumstances beyond our reasonable control (including but not limited to terrorism. strikes or other labour dispute) we shall not be liable to you for any loss or damage that the you may suffer from such non-performance or delay and we shall be excused from that obligation while those circumstances persist.

15. Severance

15.1 Should any of these provisions be void, voidable or unenforceable for illegality or because it is contrary to statute or public policy in any part of the United Kingdom or elsewhere, that provision shall be deemed never to have formed part of these Conditions but all other provisions shall remain in force.

16. Forbearance

16.1 Forbearance in enforcing a condition on any occasion shall not prevent or impair future enforcement of that condition or the performance of any other Conditions.

17. Rights of Third Parties

17.1 A person who is not a party to a Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

18. Entire Agreement

18.1 These Conditions represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

19. Proper Law

19.1 The Conditions and any agreement made under them are to be construed and enforced in accordance with the laws of England and Wales.

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