Please read the following carefully. Your
use of the Morale web site
("Moralehomefurnishings.co.uk") and purchase of the products (or
services) ("Products") on it means that you agree to be legally bound by
these terms and conditions ("Terms").
Shopping with Morale.co.uk
- You can Order Products in the following ways:
- online via this
website;
- by telephoning
08701414101 or
- by posting
Order form to Morale Home Furnishings, 24
Watt Road, Hillington Park, Glasgow, G52 4RY, UK
- When you place an Order for a
Product in any of the ways
described above ("Order") you are offering to buy it for the price
stated, subject to these Terms.
- When you place your Order online we will send you an email to
confirm that we have received it. This email confirmation will be
produced automatically so that you have confirmation of your Order
details. If the Product is not available we will also let you know by
email.
- Morale may cancel
any sale and not supply Products if it is
reasonable to do so and may change or discontinue the availability of
Products at any time at its sole discretion. If an Order is cancelled,
any payment made for the Products will be refunded in full. This does
not affect your Statutory Rights.
- All new Orders are deemed separate and each is
treated
individually.
- ultimately
rejected by the Seller a refund will be made
immediately
Business Policies
All orders are subject to our full terms and
conditions (below).
Nothing in these conditions affects your statutory rights as a consumer.
Standard conditions of sale
1. Definitions
- "Buyer" means the person who buys or agrees to
buy the Products
from the Seller.
- "Conditions"
means the terms and conditions of sale set out in
this document and any special terms and conditions agreed in writing by
the Seller.
- "Delivery
date" means the date specified by the Seller when the
Products are to be delivered.
- "Products" means those goods specified.
- "Price" means the price for the Products
including carriage,
packing and VAT.
- "Seller"
means Morale Home Furnishings UK Ltd.
- "Consumer" shall bear the meaning ascribed in
section 12 Unfair
Contract Terms Act 1977.
2. Conditions applicable
- Nothing in these conditions shall affect the
buyers statutory
rights as a consumer.
- The
Seller shall sell and the Buyer shall purchase the products
in accordance with any written quotation of the Seller which is accepted
by the Buyer, or any written or verbal order of the Buyer which is
accepted by the Seller including but not limited to orders placed using
the Sellers electronic online ordering service, subject in any case to
these conditions, which shall govern the contract to the exclusion of
any other terms and conditions subject to which any such quotation is
accepted or purported to be accepted, or any such order is made or is
purported to be made, by the Buyer.
- Any typographical or clerical or other error or
omission in any
sales literature, quotation, price list, acceptance of offer, invoice or
other document or information issued by the Seller shall be subject to
correction without any liability on the part of the Seller.
- If any provision of these conditions is
adjudged invalid or
unenforcable in whole or in part the validity of the other provisions of
these conditions and the remainder of those provisions in question
shall not be affected.
- If
the Seller does not have sufficient stock to be able to
deliver the goods ordered by the Buyer then any sum paid by the Buyer
will be refunded or re-credited to your account and the Seller will
notify you at the address given by you in your order form. The refund
will be made as soon as possible and, in any event, within 30 days of
your order and the Seller will not be obliged to offer any compensation
for disappointment suffered.
- By placing an order using the Sellers electronic online
ordering service the Buyer is making an offer which will not become a
binding contract until the order is accepted by the Seller. The taking
of payment from the Buyers credit card does not indicate acceptance of
the order by the Seller. If the Buyers order is ultimately rejected by
the Seller a refund will be made immediately
3. The price and payment
- Save as provided otherwise herein the Price
shall be that as
stipulated in the Sellers published price list current at the date of
order of the Products. Any event of any increase in the cost to the
Seller of raw materials, labour, overheads, or any increase in taxes or
duties, or any variation in exchange rate the Seller may increase the
Price payable under the contract upon written notice. If notice of price
increase is given by the seller, the buyer shall have the right to
cancel the order and receive back any sums they have paid. Notice of
cancellation must be received in writing by the seller within seven days
of delivery of the notice of price increase to the buyer.
- Payment of the Price shall be due at the date
of the order. Time
for payment shall be of the essence. If the Buyer does not pay the
Price on notification of shipment the Seller may bring an action for the
Price even though property in the Products has not been passed to the
Buyer. If the Buyer fails to make payment as required the Seller may
suspend delivery of the Products or any further Products ordered until
payment is made in full.
- Once
the Payment is made for your order and for any reason the ordered item
cannot be sent to you, then we will refund you in full for the ordered
item which cannot be fulfilled.
- You must pay for your Order before it is
delivered and you can
do so by credit card, debit card, PayPal, cheque or postal Order.
4. If your delivery address is
outside the UK and you Order online
you must pay by credit card.
a. Credit Card / Debit Card
- Orders may be processed online, or by
telephone, using a credit
or debit card (currently VISA, MasterCard, Delta and Maestro/Solo). We
aim to debit money from your account within one working day after
receiving your Order.
- If
your delivery address is outside the UK and you order online
you must pay by credit card.
- To ensure that shopping online is secure, your credit/debit card
details will be encrypted to minimise the possibility of someone being
able to read them as they are sent over the Internet.
- Your credit card company may also do security
checks to confirm
it is you making the Order.
- All Order details and invoices will be sent to the credit card
billing address and not the delivery address where the named recipient
of the Order differs.
b. Cheque or Postal Order
In the UK, you may pay by cheque or postal
Order if you wish.
- Please make cheques payable to Morale Home
Furnishings UK Ltd
and remember to include postage. Please also send us a covering letter
detailing your Order, cheque guarantee card number, guaranteed amount,
expiry date, contact details including phone number and delivery
address.
1. PayPal
Should you choose to pay via PayPal you will be
redirected to PayPal,
via a secure connection. Once you have completed your transaction
with PayPal you be redirected back to our site, where we will complete
you order as normal.
4. The Products
- The quantity and description of the Products
shall be set out in
the Sellers quotation.
- The
Seller may make any changes in the specification of the
Products which do not materially affect their quality or performance
required to conform with any applicable statutory requirements where the
Products are supplied to the Sellers specification.
- Photographs are for illustrative purpose only,
and may not
exactly match the product itself.
Payment
Availability
- We try to keep Moralehomefurnishing.co.uk as up
to date as
possible but cannot guarantee that a particular Product will always be
available. If we can't supply a Product you will not be charged for it
and we will refund or re-credit your account with the amount debited by
us.
- All offers are
available while stocks last. If we are unable to
supply a Product you have Ordered, we will notify you as soon as we can
after receiving your Order. If this happens, you may cancel your Order
and we will refund you the money you have paid for it.
- Stock availability status for each product and
colour option can
be found at the bottom of each product page
2. Warranties and liability
- All goods supplied by the Seller come with a
manufacturers
warranty of at least 12 months.
- The Seller shall provide the Buyer with such information as is
required to claim under the manufacturers warranties. In the event of a
claim, the Buyer shall in the first instance contact the Sellers
customer service department.
- The Seller does not provide any warranty cover against defects
in his own right.
- Except
where the Buyer acts as a Consumer all other warranties,
conditions and terms relating to fitness for purpose, satisfactory
quality or conditions of the products whether implied by statute or
common law or otherwise are excluded to the fullest extent of the law.
- In so far as is permitted by law, our only
liability to you under
these terms and conditions will be, at our sole discretion, to make good
any shortage or non-delivery, to replace or repair any goods which are
received by you in a damaged or defective state or to refund to you any
sums actually paid by you for the goods in question. We will not be
liable to you for any indirect or consequential loss or damage arising
out of any problem you notify to us and will have no liability to you
for any failure or delay in delivering goods or any damage or defect in
goods delivered which is caused by any event or circumstance which is
beyond our reasonable control. Nothing in this Clause 5 affects your
statutory rights as a consumer.
3. Delivery, Returns and
Cancellations
- Delivery of the products shall be made by the
Seller or his
agent notifying the Buyer that the products are available for collection
at the Sellers premises or for delivery to such place as the Buyer may
specify at the time the order is placed.
- The Seller shall use his reasonable endeavours
to meet any date
agreed for delivery.
- In
any event time of delivery shall not be of the essence.
- The Seller shall not be liable for any delay
in delivery
howsoever caused.
- All
orders for delivery to addresses within mainland GB are
delivered free of charge, except to * AB, DD, FK, HS, IV, KA, KW, KY,
PA, PH and ZE postcodes where there will be a small additional charge
which will be advised prior to order processing.
- If you feel that the delivery cost quoted is
too much for these
areas, then we will deliver free to a nominated mainland GB address e.g.
a port. Further transport and responsibility for the items will belong
to the customer from this point onwards. Morale will not be able to
accept any responsibility for any damage or loss caused in shipping
overseas.
- PLEASE NOTE: If a buyer wants to cancel their order before delivery has taken place, there is a 20% re-stocking charge which has to be deducted from the payment made. In stock cases orders can not be cancelled at all.
- Generally, where
an order contains more than one item all items
will be delivered at the same time once all items are available.
- Important - Your Delivery
You
are required to inspect the packaging of your delivery upon receipt. If
the packing is damaged, you must sign for it as 'Damaged' and report to
us within 24 hours via phone or email.
Without this, your signature is your confirmation that the goods are in
acceptable condition. You will be unable to claim from us
a replacement item if the packaging was damaged and you failed to
inspect the delivery. We will however supply you
with replacement parts at cost subject to availability. All damages
claims will require photo evidence. The delivery driver is required to
wait while you make a quick visual inspection of the packaging prior to
signing for your goods.
4. Where a delivery date has been agreed with
our carrier but the
customer isnt present to receive the delivery we reserve the right to
charge the customer a minimum of £25 to cover part of the cost of the
failed delivery. An order may be cancelled at any time between the
placement of the order and 7 working days following delivery of the
goods.If the Buyer is dissatisfied with his purchase for any reason he
may, within seven working days of delivery, contact the Sellers
customer service department to notify them that he wishes to return some
or all items from his order. The Buyer can either arrange to return the
goods yourself (we recommend that you use a service with proof of
delivery and insurance against loss and damage, as proof of shipping is
not proof of receipt. It is your responsibility to ensure the goods are
returned back to us undamaged and with the original packaging. You are
responsible for the cost of returning goods back to us) or you can ask
us to collect them from you. If you would like us to collect, then you
will be charged £70 for large items delivered on one & two man
delivery service and £20 (per item) on items delivered by courier services, which
will be deducted from your refund. Please note that all items must be
returned in their original packaging or similar, and must not have be
assembled. Customers have a duty of care for the product until it is
collected from them, and should make every effort to ensure no damage is
caused to the item. Items which are not adequately packaged at time of
collection may not be collected and a charge of £65 & £15
respectively
may be levied to cover cost of failed collection or repackaging of such
items.
Refunds will be issued within 30 days of
receipt of goods and after
we have inspected them for damage. We reserve the right to withhold all
or part of your refund if items are returned damaged.
- Please note that for selected items of leather
upholstery there
is a 50% cancellation/returns fee unless the order is cancelled within
one week of placement. Such items are clearly marked.
- Mattresses can only be returned if they are
unopened. Mattresses
which have been opened and slept on cannot be returned. If you wish to
test a mattress please keep it wrapped until you are sure you want to
keep it.
- We do not
deliver on weekends or bank holidays. The only
exception to this is a selection of Next Day Delivery items, which can
be delivered on a Saturday for an additional charge. These items are
clearly marked.
1. Acceptance of the products
- Other than where the Buyer acts as a Consumer
the Buyer shall be
deemed to have accepted the Products 5 working days after delivery to
the Buyer.
- After
acceptance the Buyer shall not be entitled to reject
Products which are not in accordance with the contract.
2. Title and risk
- Risk of damage to or loss of the Products shall
pass to the
Buyer upon delivery.
- Notwithstanding
any other provision herein title in the Products
shall not pass to the Buyer until the Seller has received in cash or
clear funds payment in full.
- The Buyer shall not be entitled to pledge or in any way charge
by way of security for any indebtedness any of the Products which remain
the property of the Seller, but if the Buyer does so all moneys owing
to the Seller shall (without prejudice to any other right or remedy on
the Seller) immediately become due and payable.
3. Insolvency of buyer
- This clause applies if:
- a. The Buyer makes
any voluntary arrangements with its
creditors or becomes subject to an administration order or (being an
individual or firm) becomes bankrupt, or (being a company) goes into
liquidation (otherwise than for the purposes of amalgamation or
reconstruction) or
- b. An
encumbrancer takes possession, or a receiver is
appointed, of any of the property or assets of the Buyer, or
- c. The Buyer, not being a consumer, ceases, or
threatens
to cease, to carry on business, or
- d. The Seller reasonably apprehends that any of
the
events mentioned above is about to occur in relation to the Buyer and
notifies the Buyer accordingly.
- If the Clause applies,
without prejudice to any other right or
remedy available to the Seller, the Seller shall be entitled to cancel
the contract or suspend any further deliveries under the contract
without any liability to the Buyer, and if the Products have been
delivered but not paid for the Price shall become immediately due and
payable that despite any previous arrangement or agreement to the
contrary.
4. General
- Neither party shall be liable for any delay or
failure to
perform any of its obligations if the delay or failure results from
events or circumstances outside its reasonable control, including but
not limited to strikes, lock outs, accidents, war, fire, reduction in or
unavailability of power at the Sellers premises or its manufacturing
plant, breakdown of plant or machinery or shortage or unavailability of
raw materials from a natural source of supply, and the party shall be
entitled to a reasonable extension of its obligations.
- Any notice required or permitted to be given
by either party to
the other under the conditions shall be in writing and in the case of
notices to the Seller, addressed to the Seller at its registered office
or in the case of notices to the Buyer, at the Buyers address as
provided to the Seller.
5. Headings
- The headings of the Clauses in these conditions
are intended for
reference only and will not affect the construction of these
conditions.
- Representations:
No statement, description, warranty condition
or recommendation contained in any catalogue, price list or
advertisement or communication or made verbally by any of the Agents or
Employees of the Seller shall be construed to enlarge, vary or override
in any way thereof any of these conditions.
- Additional costs: The Buyer agrees to pay for
any loss or extra
cost incurred by the Seller through the Buyers instructions or lack of
instructions or through failure or delay in taking delivery or through
any acts or default on the part of the Buyer, its servants, agents or
employees.
6. Proper law of contract
- This Contract shall be governed by the law of
Scotland and any
dispute, question or remedy howsoever arising determined exclusively by
the Courts of Scotland.
Copyright and Trade Marks
- Morale Home Furnishings UK Ltd does not give
you any right or
interest in any copyright or intellectual property rights in any Product
nor the right to copy them.
- The copyright in Moralehomefurnihsings.co.uk and the content of
all the software, web site and pages relating to the Moraleuk.co.uk web
site is owned by, or licensed to Morale Home Furnishings UK Ltd, unless
otherwise specified and may not be used, copied or altered without our
express consent.
- Copyright
extends to the design, look and feel of
Moralehomefurnishings.co.uk, all photographs on it and its marketing
materials.
- You may use
Morale.co.uk for private and personal non-commercial
use only - i.e. to view, copy and print portions of Morale.co.uk for
the sole purpose of placing Orders. The materials on
Moralehomefurnishings.co.uk may not be used for any other purpose.
- Morale, Morale.co.uk and our logos are trade
names or trade
marks of Morale and may not be used by anyone else without our express
permission.
Your Privacy
If you have any questions or comments about
privacy or the Morale
Home Furnishings UK Ltd privacy policy, or if you already have submitted
information that you do not wish us to have or if you think that Morale
has cookies or data about you that you don't want us to use or that is
incorrect please contact us at the address below, by telephone (on
08701414101) or email (at sales@Moralehomefurnishings.co.uk) and the
information will be corrected as soon as possible or removed from our
database as you request.
a. Privacy and Data Policy
- Morale Home Furnishings UK Ltd makes a
commitment to protecting
your privacy and promises only to use information collected about you in
accordance with the Data Protection Act 1998.
- When you place an Order, we may ask you for
certain information
and you may submit personal data to Moralehomefurnishings.co.uk (for
example your name, phone number, postal address, email address, contact
and bank / credit card details). We may also record which products you
are interested in and which products you purchase as well as customer
traffic patterns and site use. This information will be kept securely in
accordance with our internal security policy and may be used to:
- a. process
your Order;
- b.
provide you with an up to date, efficient, and
reliable service;
- c.
help fraud prevention i.e. we check card details
with our credit agency and reserve the right to refuse Orders on that
basis (your credit rating can be checked for a nominal fee with the main
UK agencies Equifax and Experian);
- d. open and run your account;
- e. provide a more personal shopping
experience.
- By making an Order and
submitting your data you agree to this
use.
- From time to time
we also monitor and record telephone calls
for training purposes and to improve the service to you.
- We will never collect sensitive information
about you without
your explicit consent.
b. Marketing Communications
- If you have used the Morale.co.uk web site
before or have
Ordered Products from Morale before it is possible that we have this
information already and it is being used to contact you about offers,
events, items or related activities that you may find useful. If you are
an existing customer we will continue to keep you informed unless you
tell us not to.
- If you
are a new customer we will give you the choice (for
example once you have placed an Order) whether or not you want us or
other reputable companies to contact you about future offers, events and
new Products or related activities that you may find useful. We will
not bombard you with emails, but we'd like to keep you informed of the
developments on Morale.co.uk.
- We do not sell, trade or rent your personal information to other
companies but from time to time we may want to share data with other
reputable companies both within and outside the European Union who may
have interesting offers and information for you.
- Moralehomefurnishings.co.uk will not send you
any marketing
emails or pass your information on to third parties unless you give us
your consent, or unless we have it already.
Morale Responsibilities
- Morale has tried to make the descriptions
(including all
pictures) of the Products as accurate as possible but you should check
the dimensions stated on Moralehomefurnishinsgs.co.uk or contact us for
exact sizes.
- Morale
shall insure ordered Products at their retail value
whilst being delivered to you. Please check the delivered Products as
soon as possible for damage etc within a 'reasonable' time frame on
receipt as we will not cover any subsequent loss or destruction.
- Morale will provide its services with
reasonable skill and care
but does not give any guarantees, warranties or representations in
respect of any other person's services.
- Because of the nature of the Internet, Morale
provides and
maintains Morale.co.uk on an "as is", "as available" basis and makes no
promise that use of Moralehomefurnishings.co.uk will be uninterrupted or
entirely error free. We are not responsible to you if we are unable to
provide our Internet services for any reason beyond our control.
- Our website contains links to other websites
which are not
under the control of and are not maintained by us. These links are
provided for your convenience only and we are not responsible for the
content of those sites.
-
Except as provided above we can give no other warranties,
conditions or other terms, express or implied, statutory or otherwise
and all such terms are hereby excluded to the maximum extent permitted
by law.
- You will be
responsible for any breach of these terms by you
and if you use Morale.co.uk in breach of these terms you will be liable
to and will reimburse Morale for any loss or damage caused as a result.
- These terms above shall not limit any rights
you might have as a
consumer that may not be excluded under applicable law nor shall they
exclude or limit Morale's liability for death or personal injury
resulting from its negligence nor any fraudulent representation.
- Morale will not be liable in any amount for
failure to perform
any obligation under this agreement if such failure is caused by the
occurrence of any unforeseen event beyond its reasonable control
including without limitation Internet outages, communications outages,
fire, flood, war or act of God.
- Please read the instructions, manuals and other user
documentation that comes with your Products carefully. Morale.co.uk is
not involved in the manufacture of Products and will not advise on their
use or operation or the manufacturer's guidelines. You are urged to use
all Products safely and in accordance with the manufacturer's
guidelines.
- These terms
do not affect your statutory rights as a consumer
which are available to you.
- Subject as aforesaid, to the maximum extent permitted by law,
Morale excludes liability for any loss or damage of any kind howsoever
arising, including without limitation any direct, indirect or
consequential loss whether or not such arises out of any problem you
notify to Morale and Moralehomefurnishings.co.uk shall have no liability
to pay any money by way of compensation, including without limitation
all liability in relation to:
- any incorrect or
inaccurate information on
Moralehomefurnishings.co.uk;
- any interruptions to or delays in updating
Moralehomefurnishings.co.uk;
- the infringement by any person of any Intellectual
Property Rights of any third party caused by their use of
Moralehomefurnishings.co.uk or any Product purchased through
Morale.co.uk;
- any loss or
damage resulting from your use or the
inability to use the Moralehomefurnishings.co.uk web site or resulting
from unauthorised access to, or alteration of your transmissions or data
in circumstances which are beyond our control;
- any loss of profit, wasted expenditure,
corruption or
destruction of data or any other loss which does not directly result
from something we have done wrong;
- any amount or kind of loss or damage due to
viruses or
other malicious software that may infect a user's computer equipment,
software, data or other property caused by persons accessing, using or
downloading Morale.co.uk, or from transmissions via emails or
attachments received from Morale or its licensees and affiliates;
- the availability, quality, content or nature
of the
other sites on the Internet that are owned and operated by third parties
("External Sites") to which Moralehomefurnishings.co.uk link and web
sites located on or through any External Site nor for any transactions
involving External Sites (including as to 'cookies', personal data,
confidential information, or purchases of domain names or other
services). You should contact the site administrator or webmaster for
those External Sites if you have any concerns regarding such links, web
site or transactions;
- all
representations, warranties, conditions and other
terms which but for this notice would have effect.
General
- Morale may change or withdraw any part of
Moralehomefurnishings.co.uk, or may refuse you access to the web site at
any time if we consider it necessary.
- Morale may also terminate this Agreement and
immediately
remove, cancel or suspend access to and use of
Moralehomefurnishings.co.uk upon breach of any part of these Terms
whatsoever.
- Termination
shall be without prejudice to Morale's other
rights.
- Morale acts as
principal on its own account and not as agent
for you or any other person.
- If Morale does not enforce any provision of this agreement such
will not be considered a continuing waiver.
- In the event that any part of these Terms is
held to be
unenforceable, such part will at Morale's option be construed as far as
possible to reflect the parties' intentions and the remainder of the
provisions will remain in full force and effect.
- These Terms constitute the full agreement
between you and
Morale and may only be amended in writing. They apply to the exclusion
of all other terms or conditions of contract proposed.
- Since we are principally aiming
Moralehomefurnishings.co.uk at
the UK and EU market, we cannot guarantee that it accords with local
laws of any other Countries (though we will try to make sure it does).
- Use of Morale.co.uk and
these terms are subject to the laws of
England and the jurisdiction of the English Courts.
Contacting Us
- If you would like help when Ordering,
information about a
Product, a request for a Product or if you would just like to provide us
with feedback on our service, please email us at
sales@moralehomefurnishings.co.uk
- You can also contact us:
- By post at Morale
Home Furnishings, 24 Watt Road,
Hillington Park, Glasgow, G52 4RY, UK
- By telephoning 08701414101 between the office
hours of
09.00am and 05:00pm GMT.
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