10 YEAR FRAME GUARANTEE TERMS AND CONDITIONS
In the very unlikely event that the frame fails within 10 years due to faulty workmanship or materials Cavendish Upholstery will repair or replace the item at our discretion. This guarantee is subject to standard wear and tear and is only available if the item is at the original address. This does not affect your statutory rights.
TERMS AND CONDITIONS FOR USE OF THE WEBSITE
1.1. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2. ABOUT US
2.1. This Website is owned and operated by Airsprung Furniture Ltd (‘we’/’us’/’our’), a limited company (trading as Cavendish Upholstery), registered in England and Wales under company number: 1503406 having our registered office at Canal Road Trowbridge Wiltshire BA14 8RQ. Our VAT Number is: 137 6009 7
3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and 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.
3.2. We will contact you by email or provide you with information by posting notices on our Website.
4.1. If you have a comment, concern or complaint about any Products you have purchased from us, please contact us via email at email@example.com or by post at Canal Road Trowbridge Wiltshire BA14 8RQ.
5. WEBSITE USE
6. FORCE MAJEURE
6.1. We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation, include:
6.1.1. Strikes, lock-outs or other industrial action
6.1.2. Shortages of labour, fuel, power, raw materials
6.1.3. Late, defective performance or non-performance by suppliers
6.1.4. Private or public telecommunication, computer network failures or breakdown of equipment
6.1.5. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
6.1.6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
6.1.7. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
6.1.8. Acts, decrees, legislation, regulations or restrictions of any government
6.1.9. Other causes, beyond our reasonable control
6.2. Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
6.3. Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
7.1. In order to monitor and improve customer service, we sometimes record telephone calls.
8. THIRD PARTY RIGHTS
8.1. Except for our affiliates, directors, employees or representatives, a person who is not a party to the 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.
9. EXTERNAL LINKS
9.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
9.1.1. The privacy practices of such websites
9.1.2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
9.1.3. The use which others make of these websites; or
9.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
10. LINKING TO THE WEBSITE
10.1. You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
10.2. Any agreed link must be:
10.2.1. To the Website’s homepage
10.2.2. Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
10.2.3. Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
10.2.4. Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
11.1. All notices given by you to us must be given to us at Canal Road Trowbridge Wiltshire BA14 8RQ or by using firstname.lastname@example.org. We may give notice as described in clause 3
11.2. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
12. ENTIRE AGREEMENT
12.1. The Contract 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.
12.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
12.3. 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 Conditions.
13. GOVERNING LAW AND JURISDICTION
13.1. The Website is controlled and operated in the United Kingdom.
13.2. Every purchase you make shall be deemed performed in England and Wales.
13.3. The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
14. Website – terms and conditions of use
14.1. Please read these terms and conditions carefully as they contain important information about your rights and obligations when using this website (the ‘Website’) and in particular clause 3
14.2. The Website is owned and operated by Airsprung Furniture Ltd (‘we’/’us’/’our’), a limited company (trading as Cavendish Upholstery), registered in England and Wales under company number: 1503406 having our registered office at Canal Road Trowbridge Withshire BA14 8RQ. Our VAT Number is: 137 6009 7
14.3. The term ‘you’ refers to the user or viewer of our Website.
15.1. You will be able to access parts of the Website without having to register any details with us. However, from time to time certain areas of this Website may be accessible only if you are a registered user.
15.2. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
15.3. We make reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at anytime because of: server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair.
15.4. Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.
16. REGISTERING ON THIS WEBSITE
16.1. When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
16.2. By registering on the Website you undertake:
16.2.1. That all the details you provide to us for the purpose of registering on the Website are true, accurate, current and complete in all respects
16.2.2. You will notify us immediately of any changes to the information provided on registration
16.2.3. You are over 18 or if under 18 you have a parent or guardian’s permission to register with the Website in conjunction with and under their supervision
16.2.4. To only use the Website using your own username and password
16.2.5. To make every effort to keep your password safe
16.2.6. Not to disclose your password to anyone
16.2.7. To change your password immediately upon discovering that it has been compromised
16.2.8. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
16.3. You authorise us to transmit your name, address and other personal information supplied by you (included updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
17. INTELLECTUAL PROPERTY
17.1. The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Airsprung Furniture Ltd (trading as Cavendish Upholstery), moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
17.2. You acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
17.3. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
17.4. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
17.5. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
17.6. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
17.7. No licence is granted to you to use any of our trade marks or those of our affiliated companies.
18.1. It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
18.2. We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
18.3. All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
18.4. The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
18.5. We will not be liable if the Website is unavailable at any time.
18.7. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
18.8. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
18.10. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
18.11. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you.
18.12. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
18.13. We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.
19. USE OF THE WEBSITE
19.1. You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you.
19.2. We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.
19.3. We reserve the right to:
19.3.1. Make changes to the information or materials on this Website at any time and without notice to you.
19.3.2. Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party.
19.3.3. Refuse to post material on the Website or to remove material already posted on the Website
19.4. You may not use the Website for any of the following purposes:
19.4.1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
19.4.2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise
19.4.3. Breaching any applicable local, national or international laws, regulations or code of practice
19.4.4. Gaining unauthorised access to other computer systems
19.4.5. Interfering with any other person’s use or enjoyment of the Website
19.4.6. Breaching any laws concerning the use of public telecommunications networks
19.4.7. Interfering with, disrupting or damaging networks or websites connected to the Website
19.4.8. Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website
19.4.9. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
19.4.10. To create and/or publish your own database that features all or substantial parts of the Website
19.4.11. Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner
19.5. In addition, you must not:
19.5.1. Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website
19.5.2. Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it
19.5.3. Attack the Website via a denial-of-service attack or a distributed denial-of service attack
19.5.4. Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website
19.6. A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
20. SUSPENDING OR TERMINATING YOUR ACCESS
20.1. We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:
20.1.1. You fail to make any payment to us when due
20.1.2. You breach the terms of these terms and conditions (repeatedly or otherwise)
20.1.3. You are impersonating any other person or entity
20.1.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
20.1.5. We suspect you have engaged, or about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
21. LINKING TO THE WEBSITE
21.1.1. You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
21.2. Any agreed link must be:
188.8.131.52. To the Website’s homepage
184.108.40.206. Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
220.127.116.11. Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
18.104.22.168. Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
21.3. We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
21.4. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
22. EXTERNAL LINKS
22.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
22.1.1. The privacy practices of such websites
22.1.2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
22.1.3. The use which others make of these websites
22.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
23. LIMITATION OF LIABILITY AND INDEMNITY
23.1. Notwithstanding any other provision in these terms and conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
23.1.1. Death or personal injury resulting from our negligence
23.1.2. Fraud or fraudulent misrepresentation
23.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
23.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
23.2. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses which you have suffered or incurred arising out of or in connection with the provision of any matter in these terms and conditions even if such losses are forseeable or result from a deliberate breach by us or as a result of any action we have taken in response to your breach:
23.2.1. Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
23.2.2. Any loss of goodwill or reputation; or
23.2.3. Any special or indirect losses; or
23.2.4. Any loss of data
23.2.5. Wasted management or office time
23.2.6. Any other loss or damage of any kind
23.3. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
23.4. This clause does not affect your statutory rights as a consumer.
24.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
24.2. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected.
24.3. All Contracts are concluded and available in English only.
24.4. If we fail, at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
24.5. A waiver by us of any default shall not constitute a waiver of any subsequent default.
24.6. 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.
25. GOVERNING LAW AND JURISDICTION
25.1. The Website is controlled and operated in the United Kingdom.
25.2. These terms and conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.