Terms & Conditions
All Products on this website are sold to consumers on the terms and conditions set out below. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions:
1. Information about us
1.1 www.Funique.co.uk is a site operated by Purple Tree Investments Ltd. We are registered in England and Wales under company number 09447051 and with our registered address at Craven House 40-44 Uxbridge Road London W5 2BS. Our VAT number is GB209272319
2.1 The Products on our site are available for purchase and delivery within the United Kingdom, Ireland and Europe. If you require delivery outside of these territories, please contact Funique directly and additional terms and charges may be applicable.
3. Your status
To be eligible to purchase Products on this website you must:
(a) be capable of entering into binding contracts; and
(b) be at least 18 years old.
(c) provide your real name and contact details (including e-mail); and
(d) a valid delivery address.
4. How the contract is formed between you and us
4.1 After placing an order we will confirm our acceptance to you by sending you an e-mail that confirms that the order has been accepted. The contract between us (Contract) will only be formed when we send you the Order Confirmation. We reserve the right to refuse to supply any individual or company.
4.2 The Contract only applies to those Products we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until your order of such Products has been confirmed in a separate Order Confirmation.
4.3 We reserve the reserve the right to dispatch each product on the order separately as and when they are ready for dispatch. We deal with many different manufacturers so each product ordered may come from a different supplier therefore multiple deliveries will be quite common.
4.4 You are responsible for providing an Up-to-date mobile telephone number and e-mail address which are absolutely necessary to ensure successful delivery of your item. All information asked on the checkout page must be filled in precisely and accurately. We will not be responsible for missed delivery because of wrong delivery address or an inappropriate phone number.
All additional charges or costs due to delivery complications or missed delivery would thus be added to your order invoice.
4.5 Your order with us shall constitute:
(a) your agreement to these terms and conditions; and
(b) confirmation that you meet the eligibility requirements of condition 3.
5. Product Specifications
5.1 The details, makes and designs of our Products are constantly changing and we reserve the right to change the specification of our Products without prior notice in relation to future sales. You should check our website for details.
5.2 Products supplied to you may differ as a consequence from those on display or advertised. Unless agreed with you, the Products supplied will be of equivalent value, functionality and appearance. Any significant variations will be notified to you.
5.3 Leather Products are made from quality natural leather and accordingly they may not be uniform in colour or texture. Some leathers will show natural marks and scars on the hide. Some leathers will mellow with age and exposure to sunlight and heat.
5.4 We will endeavour to match the colour and texture of the fabric of your Product to the samples chosen as accurately as possible, but variations in both the colour and texture may occur.
5.5 The measurements of all Products provided are as accurate as possible, but some slight variances may apply
5.6 Even if not always mentioned, some self-assembly may be required on certain products.
5.7 We have a policy of continuous product development so we can provide you with what we consider the best design at the best price, and thus reserve the right to amend the specifications of products, their price, packaging and any service associated at any time, without prior notice.
6. Cancellation and Amendment of Orders
6.1 Subject to clause 6.2 below, under the Distance Selling Regulations, you may cancel a Contract with us at any time within seven working days, beginning on the day after you received the Products, (with the exception of made to measure items, and bespoke items). This right applies to all sofas and chairs in fabrics and colour ways, purchasable from our website, only. Ie, it does not apply to fabrics that you have specifically chosen or have sent to us that are not our stock fabrics in order to be upholstered onto your furniture In such circumstances, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10).
6.2 The Distance Selling Regulations do not apply to a Product that is made or assembled especially for you ("made to measure" or "Bespoke"). Therefore once we have accepted an order from you that is for a made to measure or bespoke Product, you do not have the right to cancel it. An example of our made to measure or bespoke Products include and any Product in a fabric that is not purchasable from our website.
6.3 To cancel a Contract, you must inform us in writing and we will confirm cancellation, terms and details by email. You must also contact us as soon as possible (but in any event within the 7 days) to arrange for the return of the Product(s). Products must be returned to us in the same condition in which you received them. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right to retain the purchase price of the Product or a reasonable percentage of the purchase price as compensation for any damage to the Products and for our additional costs incurred.
6.4 Genuine returns for Products delivered within the UK or Ireland which are returned to us within 7 days and in the same condition in which you received them will not incur additional return delivery charges. A courier will be arranged to collect the goods from you by us.
6.5 No order can be cancelled after seven days from delivery. This clause does not affect other legal remedies that you may have, for example, where the Product is faulty.
6.6 If you realise you need to amend an order prior to delivery please contact us on 0161 883 0054. If you amend your order there may be changes to your delivery date or charges and/or the price of the Products.
6.7 Prior to ordering please check the dimensions of the Product(s) you are proposing to order to ensure they will fit into your chosen location for them.
7. Availability and delivery
7.1 We will contact you to notify you when your Products are available and, subject to the separate provisions below relating to customers resident outside mainland UK and Ireland, will arrange date for delivery to the address specified by you.
7.2 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation unless there are exceptional circumstances. Occasionally a delivery date may be postponed. This may occur for various reasons for example material shortages, import delays or higher than anticipated demand for a product. We will keep you informed if a postponement is necessary and discuss revised timescales with you. We are not liable for any charges you may incur due to delayed or cancelled deliveries.
7.3 If you require delivery outside of the UK or Ireland or if you have specific additional delivery requests, then additional charge may apply. Please contact us for further details.
7.4 If you are unable, for whatever reason, to take delivery of your Products on the confirmed delivery date, we reserve the right to charge you the shipping fee paid originally again for any subsequent deliveries.
7.5 We store orders in our warehouse for a maximum of three weeks only. After three weeks we charge all customers £8 per item per week
7.6 If we accidentally damage a Product in the course of delivery, then our liability for that damage is limited to the repair, refund or replacement of that Product or for a refund of your purchase price.
7.7 Time of delivery of a Product is not of the essence.
7.8 We endeavour to ensure that our delivery couriers are polite and exercise all reasonable skill and care in delivering the Product to you and in its assembly. To the fullest extent permitted by law we shall not be liable to you for any accidental damage to your property or person resulting from our delivery of the Products.
7.9 The delivery service provided is to your room of your choice. We will also remove the packaging from the Product to enable you to inspect the Product. A signature will be required to acknowledge delivery and that the Product is in perfect condition. The signature of the person accepting delivery at the delivery address will be proof that you or the person to whom the order is addressed has received delivery and of the condition of the Product at the time of delivery.
7.10 You must check the condition of the products upon delivery and inform the delivery carrier of any defects or problems with the Products at that time. The delivery carrier will direct all queries at this stage to us and we will endeavour to agree a means of curing such defects or problems with you. If you choose not to have the Products unwrapped at the time of delivery, we do not accept responsibility for any defects or problems that would have been revealed by a proper check of the unwrapped Products upon delivery.
7.11 It is your responsibility to ensure the condition of the product is checked before the carrier leaves and before you sign for the products, we do not accept responsibility for any defects or problems once you have signed for the goods
7.12 Your Products will be constructed to the highest possible standards. Please ensure that you read and adhere to the care instructions relating to your Product on our website.
8. Risk and title
8.1 The Products will be at your risk from the time of delivery to you.
8.2 Ownership of the Products will only pass to you when we have received payment in full of all sums due in respect of the Products, including delivery charges.
9.1 The price of any Products will be as quoted on our site from time to time, except in cases of error.
9.2 The prices displayed on the website include VAT but do not include our delivery charges. For information on our delivery charges please click here.
9.3 Prices are liable to change at any time, but changes will not affect orders for which we have already sent you an Order Confirmation unless there has been a pricing error.
9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our confirmation procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when confirming the order to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before confirming the order, or if the confirmation has been sent before the error is noticed we may reject your order and notify you of such rejection or contact you for instructions before submitting your order to the manufacturer.
9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if there is a pricing error
9.6 You can pay for your order using Credit Card, Paypal, Bank transfer, Cash or Cheque.
10. Our refunds policy
10.1 When you return a Product to us:
10.1.1 because you have cancelled the Contract between us in writing within the seven day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you, and we will arrange for collection of the Product at our cost. If we are unable to collect the Products at the agreed time due to your actions??, we reserve the right to make a charge for any subsequent collection of the Products which will be charged at the same rate for delivery on the original delivery for any subsequent collection. Products returned to us must be in the original condition in which they were delivered to you and must not be damaged and must be in a re-saleable condition.
10.1.2 for any other reason (for instance, because you claim that the Product is defective), we will examine the returned Product and if deemed to be defective we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10.3 We will ask you to send us a photo of the damage for our records and to assist us in taking appropriate action. Please include your customer order details with the package, as these are necessary for processing a return. Once received, the items will be checked and our customer service will contact you to advise you of the possible replacement or refund.
10.4 Items returned must arrive in perfect condition and Funique retains the right to refuse a refund on any item not deemed to be re saleable and charge you the collection fee and return postage fee, each will be charged at the same rate of the original delivery charge. The guarantee does not cover fair wear and tear, neglect, abuse or misuse of your Product, loss or damage (including rusting and corrosion) due to unreasonable exposure to water or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, or theft, or accidental damage or loss caused by a third party, or any non faulty workmanship issues.
11.1 Your debit or credit card is charged for the whole amount of the order when the order is created. Funique uses one of the most powerful security systems on the Internet, a Secure Socket Layer (SSL) reinforced by an encryption process in order to protect all significant data related to payment. A credit card and necessary information is needed for payment.
11.2 All orders are paid only through PayPal account or by credit cards issued by companies listed on the payment page.
11.3 We except payment by cash, we do not offer a cash on delivery service, all orders must be paid for upfront before the order is submitted for production.
11.4 We except payment by bank transfer
11.5 We except payment by cheque, all order must be paid for upfront before the order is submitted for production therefore it will take apprx five working days from the date of the cheques arrival to us before it clears into our account. Once the cheque clears the order will be submitted.
11.6 The sale will be submitted for processing as soon as you click on the "confirm" button. You will then receive an email from us to confirm the sale, availability of the product, and expected average delivery date.
11.7 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 refusing or by reason of unwinding? or suspending any transaction after processing has begun.
12.1 You can obtain up to 8 free fabric samples from us through the order process prior to ordering our Products, to enable you to visualise what the material will look like. While we try to ensure that the Products are as similar as possible to those displayed on-line there may be natural variations.
12.2 If you require additional or further fabric samples, we reserve the right to make a charge.
13. Wooden Frame Guarantee
13.1 The guarantee described in clause 13.2 below applies in addition to your legal consumer rights.
13.2 All upholstered Products carry a 5-year guarantee against damage as a result of faulty workmanship. In the event of a claim under this guarantee being made against your Product the following will apply:
13.2.1 We will require proof of purchase;
13.2.2 We will either arrange a visit to inspect the products or arrange for collection of your Product at our cost and will carry out an inspection;
If there is a genuine fault with the product that is due to faulty workmanship we will either repair the Product or provide you with a replacement. In the event of a replacement, you may select an alternative product but you will be liable to pay any difference in price.
13.3 The guarantee may not be transferred.
13.4 The guarantee does not cover fair wear and tear, neglect, abuse or misuse of your Product, loss or damage (including rusting and corrosion) due to unreasonable exposure to water or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, or theft, or accidental damage or loss caused by a third party, or any non faulty workmanship issues.
13.5 We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged or wrongly delivered Products, over and above the value of the Products themselves. This does not affect your statutory rights.
14. Written communications
14.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. 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 statutory rights.
15.1 All notices given by you to us must be given to Funique at Craven House, 40-44 Uxbridge Road, London W5 2BS or email@example.com 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 14 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. 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 e-mail, that such e-mail was sent to the specified e-mail address on your order.
16. Transfer of rights and obligations
16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Events outside our control
17.1 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).
17.2 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:
17.2.1 Strikes, lock-outs or other industrial action.
17.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
17.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
17.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.2.5 Impossibility of the use of public or private telecommunications networks.
17.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
17.3 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.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 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 in accordance with clause 14 above.
19.1 If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire agreement
20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
20.3 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 terms and conditions.
21. Our liability
21.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
21.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
21.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
21.4 No compensation payment or refund will be made for, but not limited to, disappointment, or time lost.
21.5 We accept no liability (to the fullest extent allowed by law) for the accuracy of information contained on the website or related adverts, which may contain technical inaccuracies or typographical errors including information obtained from live support operators and via email. However, this provision does not affect your statutory rights and remedies.
21.6 We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged or wrongly delivered Products, over and above the value of the Products themselves. This does not affect your statutory rights.
22. Our right to vary these terms and conditions
22.1 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, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
22.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary in writing within seven working days of receipt by you of the Products).
23. Gift Vouchers
23.1 Gift vouchers can only be purchased online through the www.Funique.co.uk website and you have the choice of having the voucher emailed to the recipient on a pre-determined date of your choice alternatively you can print off the voucher. Should you need to re-send or re-print the gift voucher, this can be done through 'your account' on the www.Funique.co.uk website.
23.2 Vouchers are valid for one year from the date of issue and cannot be extended.
23.3 Only one gift voucher or discount code can be applied to any one transaction, this includes any promotional codes or offers.
23.4 The value of the transaction will be deducted from the total gift voucher value with the balance remaining to be spent on a future transaction. There is no minimum spend required and the voucher can be redeemed against any purchase including delivery charges.
23.5 Gift vouchers can be purchased in fixed denominations from £25 to £2000.
23.6 If you have any difficulty redeeming your voucher or have any questions then please firstname.lastname@example.org for further assistance.
25.1 Should you wish to contact our aftersales team, you can send us an email at email@example.com, or to place an order or make a product enquiry please contact us on the phone: 0161 8830054 (Weekdays - 10:00am-6pm). We'll be here to help!
26. Law and jurisdiction