We are Harveys and these are the terms and conditions relating to purchases made in our stores (the “terms and conditions”). These terms and conditions together with the Customer Charter document set out the terms and conditions on which we supply our goods (“Goods”) from our stores.
Please read these terms and conditions carefully and make sure that you understand them, before ordering any Goods from our store. By ordering, you agree to be bound by these terms and conditions. Your attention is drawn in particular to the provisions of our ability to cancel (clause 11), the Liability clause under which we limit our liability to you (clause 12) and the Force Majeure clause which allows us to cancel the contract if factors beyond our control intervene (clause 14).
Please make sure you ask for any variations from these terms and conditions and any documents (such as the Customer Charter document) to be confirmed in writing.
Please understand that if you are unable to accept these terms and conditions, you will not be able to order any Goods from our store.
1) Information about us
Harveys is a trading name of Steinhoff UK Retail Ltd which is a company registered in England and Wales under company number 40754, with our registered office at Festival House, Jessop Avenue, Cheltenham, Gloucestershire GL50 3SH and with a VAT number of 506331284.
2) Your status
By placing an order through our store, you warrant that:
(a) you are legally capable of entering into binding contracts; (b) you are at least 18 years old; and (c) you have provided accurate details about yourself including your name, address and payment details and a contact number on which you can be easily reached.
3) How the contract is formed between you and us
Your order form, once signed by you, constitutes an offer for you to buy the Goods (an “Order”). All Orders are subject to acceptance by us and we are free to accept or decline your offer at our absolute discretion. Once an Order, signed by you, is signed by one of our sales team, the completed order form together with these terms and conditions and the Customer Charter document form a legally binding contract between you and us (the “Contract”).
We shall assign an order number to the Order and inform you of it at the time of sale. Please quote the order number in all subsequent correspondence with us relating to the Order.
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, technology, payment methods, relevant laws and regulatory requirements and/or in our system's capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
4) Cancellation and Return of Goods
Should you wish to cancel and/or amend your order you should contact your sales contact at store or Customer Service Centre. This provision does not affect your other statutory rights as a consumer.
Advice about your legal rights is available from your local Citizen Advice Bureau or trading standards office.
You must ensure that on the day of delivery (or collection if appropriate), the access to the property where the Goods are being delivered to (or collected from) is clear and free from obstruction. If you or a nominated adult are not available or the access is not clear and free of obstruction then we will not be able to deliver (or collect) the Goods. Should windows or doors need to be removed to allow access, it is your responsibility to arrange this at your own cost and your own risk. We do not accept any responsibility for damage to your property during delivery or collection other than damage due to our negligence when our liability is limited to the repair of that damage with no element of betterment.
Should you wish to cancel your Order once you have received delivery of the Goods, you will not be able to unless you have a statutory right to do so because the Goods are faulty or not as described. You also have a statutory duty to take reasonable care of the Goods. If you breach this duty, we may have a right of action against you.
If you wish to return the Goods to us after delivery we will discuss the issue with yourselves and, if necessary, examine the Goods.
We shall process refunds due to you as soon as possible, and in any case, within 14 days of the day we confirmed to you that you were entitled to a refund. We will refund the price of the Goods in full, any applicable delivery charges and not charge you any collection charge for collecting the Goods from you.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
The right to cancel an Order prior to delivery of the Goods in question is as set out in the Customer Charter document.
We will take reasonable steps to pack the Goods properly and to ensure that you receive your Goods in good condition.
We will not be responsible for any defect in the Goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, if you use the Goods in a way that we or the manufacturer do not recommend, your failure to follow our or the manufacturer’s instructions, or any alteration or repair you carry out without our prior written approval.
The Contract applies to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform to the Contract.
5) Product Specification
We are under a legal duty to supply goods that are in conformity with the Contract.
Any photographs, models, samples, drawings, sizes and/or product description or advertising we issue, and any illustrations contained in our catalogues, brochures, emails or on our website are produced solely to provide you with an approximate idea of the Goods they describe and/or are representative of the finished product. All Goods are manufactured within the standard industry measurement tolerances.
Your Order is unique to you and will be supplied in accordance with the instructions and specification as detailed in the Customer Charter document. Every effort will be made to match all colours and finishes in our stores. Notwithstanding this all Goods are purchased and supplied, on the understanding that there may be slight dye, shade and grain variations, particularly with natural products such as wood and leather. Leather products are made from quality hides and may not be uniform in colour or texture and will show natural marks and scars. Colours may also change with age and exposure to sun and other climatic conditions.
Occasionally we may supply Goods with minor differences in specification due to circumstances beyond our reasonable control. Should this be the case any differences will result in the Goods being of an equal or improved standard, and it will not affect your rights under the law, and any guarantee we may offer will continue to apply.
6) Extended Care and Protection
Extended care and protection may be purchased separately when available in order to further protect your investment.
All delivery times quoted at the time of order are estimated and so cannot be guaranteed. Whilst we will make every effort to deliver within the estimated delivery time, occasionally deliveries may be affected by factors beyond our control. We will deliver to the delivery address stated in the Order, and confirmed by us in the Customer Charter document. Should you wish to change the delivery address from the address given in the Order and confirmed by us in the Customer Charter document then you must have notified us and have obtained our agreement in writing to any change in delivery address prior to any delivery taking place.
We will contact you where applicable to arrange delivery and to ensure that full payment has been made prior to your Order being delivered. We will offer you a delivery slot and ask that you take delivery within 7 days of the first offered delivery date, but if this is not acceptable we will offer you a maximum of two reasonable alternatives. We reserve the right to charge a storage charge in the event you do not reasonably accept delivery. If you are not going to accept delivery yourself, you must notify us in advance of the nominated adult who will take delivery.
Goods will be delivered to Mainland Britain and Northern Ireland only.
A delivery charge will apply on all orders. The amount is variable depending on the Order and is made clear at the point of Order, and will be contained on your invoice. Unfortunately, we are not able to arrange for collection of Goods from our distribution centres on sales processed through our store.
Where you have ordered multiple Goods from us we may need to make more than one delivery to you. This is particularly the case where Goods are delivered directly from the supplier on specialist transport. Where this is necessary we will not charge you extra delivery costs for this. If you ask us to deliver the Order in installments, we may charge you extra delivery costs.
Delivery of the Order shall be completed when we deliver the Goods to you.
8) Title and risk
The Goods will be your responsibility from the time of delivery.
Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
9) Price and payment
Save where payment is to be made by finance agreement, we will require payment in full of the value of the Order inclusive of VAT and any delivery costs prior to delivery.
Where payment is to be made by finance agreement we may require a deposit to be paid at the time the Order is made.
The price of the Goods will be as quoted in our store from time to time. The delivery charge will be as set out in clause 7 above.
The prices of Goods include VAT. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
The prices of the Goods and delivery charges are liable to change at any time, but changes, other than changes in the VAT rate as set out above, will not affect orders which are confirmed.
Where credit approval is ‘deferred’ your Goods will not be delivered until approval is given by our credit provider. We will advise our finance providers to activate your account from the date of agreed delivery or date of purchase dependent upon the finance product taken. (Please note purchasing via a finance agreement will extend the delivery time of the product by up to 14 days).
Our full terms and conditions relating to your finance agreement are provided at point of sale in conjunction with our finance provider.
If, for any reason you would like to make a complaint about our role in arranging your finance agreement please contact the FOS Complaints Manager, Customer Services Unit 1A, Huncoat Industrial Estate, Bolton Avenue, Huncoat, Lancashire, BB5 6NJ. If you are unhappy with our response you can write to: Financial Ombudsman Service, Exchange Tower, London E14 9SR, who will investigate your complaint and advise accordingly.
11) Cancellation by Harveys
We reserve the right to cancel an Order and terminate the Contract if: (a) we do not have the stock to fulfill an order, (b) we are unable to deliver your order, (c) your payment was not authorised, (d) the Goods contained in your Order were incorrectly described or priced on the website, (e) you have not complied with the Contract; or (f) there is some other substantial reason which means we need to cancel the order.
If the order is cancelled by Harveys, we shall aim to notify you as soon as possible. We shall reimburse you in full if we were forced to cancel under points (a) or (d). We shall reimburse you in full if we were forced to cancel under points (b) or (f) and the reason for the cancellation was wholly or substantially our fault.
If you are not entitled to a full refund then we shall treat the Order as if it were cancelled by you under the Customer Charter document.
12) Our liability
Subject to the provisions of this paragraph, if we fail to comply with the terms and conditions of the Contract, then our liability to you will be limited to the value of the Goods contained in the Order to which your complaint relates and for which you have paid.
We only supply Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and we have no liability to you for any consequential loss, loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in the Contract excludes or limits in any way our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation:
(c) any breach of the obligations implied by the Consumer Rights Act 2015;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
Subject to the provisions of this paragraph, we are not liable to you for loss or damage you suffer that is indirect, consequential or special.
Subject to the provisions of this paragraph, the express terms of the Contract are in place of all warranties, representations, conditions, terms, undertakings and obligations which, but for the Contract, would be implied or incorporated by law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
13) Data Protection
We are a registered data controller for the purposes of the Data Protection Act 1998 (the “Act”) and we will comply with the statutory requirements imposed on us to keep your personal data confidential and secure. We are fully compliant with the Act.
Telephone conversations with us may be recorded for the purposes of monitoring customer service standards and for security.
Your information (or the information of the nominated adult) will be used to process your Order, deliver your Goods and/or to handle any claims made under any guarantee. In order to do so we will need to disclose your personal data to selected third parties including a finance company when applicable.
If you so choose, your personal data can also be used to enable us, to notify you of any special offers or services we feel may be of relevance and interest to you. To do this we may share your personal data with carefully selected third parties.
14) Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
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:
(a) strikes, lock-outs or other industrial action
(b) civil commotion, riot, invasion, piracy, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) inclement weather, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
Our performance under any Contract is 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. Should the Force Majeure Event continue for a period of more than 3 months then either party will have the right to terminate any contract that exists between us forthwith without any further liability to the other party apart from providing you with a refund if you have not received the Goods.
15) Transfer of rights and obligations
You may not transfer any of your rights or obligations under the Contract to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under the Contract to another organisation, but this will not affect your rights under the Contract.
16) Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our store or telephone sales system, you accept that communication with us will be mainly electronic. We may contact you by e-mail. 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 legal rights.
All notices given by you to us must be given to our Customer Service Centre using the details provided below.
We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 16 above. Notice will be deemed received and properly served, 24 hours after an e-mail is sent, or three days after the date of posting of any letter (if sent from the UK). In proving the service of any notice, it will be sufficient to prove, in the case of a letter posted in the UK that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
If any court or competent authority decides that any of the provisions of the Contract is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
If we fail, at any time while the Contract is in force, to insist that you perform any of your obligations under the Contract, or if we do not exercise any of our rights or remedies under the Contract, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms and conditions of the Contract shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
The Contract applies between us in respect of the matters described herein to the exclusion of all other terms (including any terms and conditions that you purport to apply). You shall not be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth in these documents or otherwise provided in writing.
A person who is not party to the Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
The Contract shall be governed by English law and we both agree to the non- exclusive jurisdiction of the English courts.
Alternative Dispute Resolution
If you are not entirely satisfied with your purchase please contact our Customer Service Centre at Customer Services, Radius House, Anchor Boulevard, Crossways Business Park, Dartford DA2 6QH. We will try to resolve any issues that you have as quickly as possible and if necessary we will explain how to follow our complaints procedure.
If you remain unhappy with our final response, you may be entitled to refer your complaint to The Furniture Ombudsman and we are bound to follow any decision that they make. To find out more about The Furniture Ombudsman and how you might be able to use their dispute resolution service visit www.thefurnitureombudsman.org or telephone 0845 653 2064.
Contacting our Customer Service Centre
Please read this document carefully and if you have any questions please contact the Customer Service Centre by at e-mail firstname.lastname@example.org and we will get back to you, or if you prefer by telephone on 0344 3721000 or by post to Customer Services, Unit 1A, Huncoat Industrial Estate, Bolton Avenue, Huncoat, Lancashire, BB5 6NJ