Terms and Conditions

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This is a legally binding agreement between us, The Form Emporium, whose principal place of business is Clevedon House, 23 Georges Road West, Poynton, Cheshire, SK12 1JY (hereinafter referred to as “we” or “us”), and you. This is an agreement setting out the terms and conditions (hereinafter referred to as the “Terms”) on which we will sell and arrange the supply of products displayed and offered for sale (hereinafter referred to as the “Products”) from our website, currently located at www.theformemporium.co.uk (hereinafter referred to as the “Website”) to you. Please read these terms and conditions carefully before ordering any Products from the Website. You should understand that by ordering any of our Products, you agree to be bound by these Terms.

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Orders & Transactions

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By placing an order through the Website, you acknowledge that you are over 18 years of age and possess a valid credit or debit card issued by a bank acceptable and known to us. When placing an order you undertake that the information you provide to us is true and accurate, that you are the authorised user of the credit or debit card used to pay for the order and that there are sufficient cleared funds or credit in your credit or debit card account to pay for the order. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

 

We reserve the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this Website whether or not that product has been sold, removing or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

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By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to, your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

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To place an order you must provide us with a valid email address, delivery address and contact number. Please note that PO box numbers, hotels and accommodation addresses are not acceptable. We will confirm your order to this email address and use it to advise you of any changes to your order or the estimated delivery date and time. You undertake that the details you provide to us in relation to you and your order, payment and delivery address will be correct, accurate and up to date. Delivery shall be to the address provided by you. We take no responsibility for failure to deliver Products to any address provided by you that is incorrect, and to the extent that the Products are not returned to us or we are unable to retrieve the Products after exercising reasonable efforts to do so, no refund shall be provided.

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All Products ordered from the Website are subject to availability and to our acceptance of your order. We may at any time cancel your order, in which event we will provide you with a refund where we have already debited your credit or debit card within 5 working days of notification of cancellation.

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Price and Payment

 

Any orders for Products placed by you from the Website or by phone must be paid for in full before they will be processed.

 

The sale price of the Products will be as shown on the Website. Sale prices are subject to variation without notice. The supply of Products to you will be subject to delivery, packaging and insurance charges that are not included in the sale price, but which are shown separately on the Website.

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We reserve the right to use an electronic payment provider to process your payment for Products ordered through the Website. In this regard, by paying for Products you agree to be subject to the terms and conditions of such electronic payment providers.

 

Before accepting your order our electronic payment provider may conduct standard pre-authorisation checks to determine if there are sufficient funds or credit in your account to pay for the Products you have ordered and the delivery costs. Processing of your order may be withheld pending the results of such checks.

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All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the products ordered plus delivery.

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Delivery

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We specialise in the sale and arranging the supply of non-mass-produced articles, many of which are made to order for you. The Products you have ordered may not exist at the time of order and may need to be made for you. As such we cannot always provide you with an accurate delivery date at the time of order as we need to confirm this with the designer/maker of the Products you have ordered and it may take more than 30 days from the date on which you submitted your order before you receive the ordered Products. We will endeavour to provide you with an accurate delivery date within 3 working days from the date on which you place your order.

 

Any delivery date provided shall be indicative only and time and date of delivery shall not be of the essence. We will not be held liable for any loss, costs, damages or expenses that you suffer or incur as a result of any delay of all or some of the Products contained in an order. However, where we are unable to supply some or all of the Products in an order to you on or before the delivery date proposed we will inform you and may at your discretion cancel the order, or part thereof, and we will reimburse you the cost of the cancelled order, or part thereof, including delivery costs. We will endeavour to reimburse you as soon as possible, but in any event within a period of 30 days beginning on the day after the proposed delivery date. 

 

Where your order contains a number of different Products, or multiples of certain Products, we reserve the right to deliver the Products at different times. In the event that we do not deliver all of the Products in an order together and at the same time, you agree that you will not be able to repudiate these Terms and terminate other fulfilled or unfulfilled parts of the order.

 

In some instances, products ordered through The Form Emporium website are despatched from the designer/manufacturer/supplier directly to you. This ensures that your order can be despatched and arrive as soon as possible.

 

Because our products may be produced by different designers and are various sizes and weights, each product has its own specific delivery cost and timescale. We will ensure that you have the correct information for the individual items you have chosen to purchase, and delivery costs will become visible on reaching the checkout. Please note that delivery timescales are estimates only - we will endeavour to deliver within these timescales, but they are non-binding.

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Delivery is made to the address submitted by you as the delivery address for this order on The Form Emporium site. You must check the delivery address on any acknowledgement or acceptance we provide and notify us immediately of any errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the delivery address after you submit an order.

 

Title and risk in the Products ordered by you shall pass to you upon delivery, provided always that title will not pass to you until we have received payment in full for the entire order from you.

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Cancellation and Returns 

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You have the right to cancel all or part of your order under the Distance Selling Regulations (Consumer Protection (Distance Selling) Regulations 2000). To do this you must notify us in writing by hand or post to our premises address or email, details of all of which are provided at the end of these Terms. Please note that we reserve our right not to accept cancellation of an order over the phone. You may cancel your order up to 7 workings days beginning with the day after the day on which you receive the Products. To be effective, any notification of cancellation must be received by us before the end of this cancellation period. We will not, and are not legally obliged to, accept any notification of cancellation sent during the cancellation period but received by us after the end of the cancellation period. This right to cancel shall not apply where the Products that you have ordered are made to your specifications or clearly personalised or which by reason of their nature cannot be returned.

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When ‘made to Order’ - Any orders that have been made and are for products that are made to order cannot be returned. If products are received in a damaged state, then a replacement will be sent as soon as possible upon receiving written notification in line with our terms and conditions.

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As a consumer, you are legally entitled to a ‘cooling-off period’ of up to 7 working days from the date of delivery of your products. During this time you may cancel your order for any reason without penalty. The right to cancel terminates if your product is made to order or if the product has been used.

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Upon cancellation in accordance with and under paragraph 11: 

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• You must return the Products in the order or the cancelled Products in their original packaging  (where only part of the order is cancelled) to us at the address shown at the end of these Terms within 14 days after cancellation; 

• You are responsible for the costs of returning the Products under any cancelled order or part thereof and we recommend that you return them by recorded delivery and take out appropriate insurance against any damage and/or breakages of the Products occurring whilst the cancelled Products are in your possession or in transit;

• Where you do not return the goods to us, or return them to us but do not pay the costs of returning the Products to us, we are entitled to charge you for any direct costs associated  with the return of the Products (including delivery and insurance costs) and we will deduct them from any amounts to be reimbursed to you as a result of cancellation of the order or part thereof, or charge you for them if you have already been reimbursed;

• You will retain possession of the Products and take reasonable care of them (including taking reasonable care to maintain them in good order and in an undamaged condition) whilst they remain in your possession until such time as they are despatched back to us by you. We will seek to recover for any damage or breakages occurring whilst the cancelled Products are in your possession or in transit to us; and we will reimburse you the amount paid by you under the order in relation to the cancelled order or cancelled Products as soon as possible and in any case, within a period not exceeding 30 days beginning on the day on which the notice of cancellation was given.

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You should inspect the Products on delivery for any defects, damage or non-conformance with the order or image of the Products displayed on the Website (a “Defect”). You have 14 days from receipt of the Products to contact us to advise of any Defects. If you do not notify us in writing of any such Defects within the 14 day period you will deemed to have accepted delivery of the Product(s).  If you believe any of the Products have any Defects we may request that you return such Products to us for our review. If we agree (acting reasonably) that the Products are defective and we, our supplier or the delivery service is at fault or the cause of the Defects, we will refund you the price of the Products which have the Defect(s). We will arrange for and bear the cost of returning and redelivery to you of any Products that you believe have Defects but reserve our right to claim such costs back from you in the event that the Products do not have any Defects. We do not accept any claims for damage caused by you the customer.

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Nothing in these Terms affects your statutory rights, including your statutory rights under the Sale of Goods Act 1979 and the Consumer Protection (Distance Selling) Regulations 2000.

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On safe reciept of the goods, if there is no defect with the product, then we will refund the cost of the item(s), minus shipping costs.

 

We will not be liable for any losses, costs, damages and expenses that you incur as a result of our failure to fill any orders where such failure is due to a force majeure event, being any event outside of our reasonable control, including, but not limited to, flood, fire, theft, earthquake, adverse weather, tsunami, war, terrorism, civil disobedience, strike, lock-out (or other labour dispute), Acts of God, breakdown of machinery, loss of machinery, communications technology failure, failure of power supplies to machinery. We shall, however, endeavour to resume performance within a reasonable time after the abatement of any such force majeure events.

 

 

Liability 

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Except as expressly stated in these Terms and to the full extent permitted by law, we accept no liability and offer no warranties or indemnities in relation to this Website, its content or purchases made from this Website or in relation to Products purchased from the Website.

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Except as expressly stated in these Terms and to the full extent permitted by law, in no event shall we be liable to you for any indirect loss, consequential loss, loss of profit, loss of business, loss of profits, loss of revenue or loss of or damage to goodwill arising from your use of, or inability to use, the Website, information on the Website, any of the Products purchased from the Website or any errors or omissions made by us or failure by us to deliver Products at a specified time.

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Nothing in these Terms seeks to exclude or restrict our liability for death or personal injury caused by our negligence.

 

General

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Failure by us to enforce a right does not result in waiver of such right.

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If any part of these Terms is found to be unenforceable as a matter of law, such part shall to the extent possible be severed from these Terms and all other parts of these Terms shall be unaffected and shall remain in force.

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These Terms and any dispute between us and you regarding the Website and the sale and supply of Products from the Website shall be interpreted under the laws of England and Wales and subject to the exclusive jurisdiction of the English courts.

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These Terms may be unilaterally varied by us, and any variation, additions, deletions or amendment that you request will only be effective if agreed by us, committed to writing and signed by you and us. These Terms were last updated on 6th July 2016.

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You may contact us in any of the following ways:

 

by email at sales@theformemporium.co.uk

by post to us at The Form Emporium, Clevedon House, 23 Georges Road West, Poynton, Cheshire, SK12 1JY