Terms & Conditions

1. Definitions

In these Terms & Conditions (“Terms & Conditions”):-

“Agreement”: the binding agreement between Boughtons (“us”; “we”; “our”) and the Customer (“you”; ”your”) for the design manufacture supply and installation of the Furniture and to which these Terms & Condition are incorporated.

“Boughtons”: Boughtons Bedroom Design Limited Company Registration No. 06018790.

“Claim” : a claim under the guarantee in clause 5 of these Terms & Conditions

“C.G.I”: the computer generated image/s of the Furniture prepared by Boughtons

“Condition”: any one of these Terms & Conditions

“Customer”: the person or persons whose particulars appear on the front page of this Order /Order form.

“Customer’s Order”: the order particulars of which appear on the front page of the  Order form

“Customer’s Premises”: the premises at the address described on the front page of the Order form.

“the Furniture” “: the fitted furniture and accessories (including any part or parts thereof)  described in the Order Form

“Guarantee Period: the period of 10 (TEN ) years beginning with the Installation Date

“Installation Date”: the date on which Boughtons notifies the Customer that  all of the Furniture has been successfully installed at the Customer’s Premises

“Installation Option”: the option for the Customer to have the Furniture installed at the Customer’s Premises by Boughton’s approved fitter as selected by the Customer on the front page of the Order Form

“Insured Risk”: the risk of loss or damage to the Furniture and/or the Customer’s Premises by fire, storm, tempest, earthquake, lightning, explosion and such other risks against which a reasonably prudent homeowner (acting reasonably) would normally insure

“Interest Rate”: 5% per year above the base lending rate of National Westminster Bank plc

“Price”: the price for the Furniture and Services quoted on the front page of this Order/Order form.

“the Order Form”: the combined written quotation and order form to which these Terms & Conditions are attached

“Services” the design, manufacture and delivery of the Furniture to the Customer’s Premises.

“Third Party Furniture”: any item installed in the Furniture but not manufactured by Boughtons.

“Third Party”: any person legal or natural other than Boughtons, its servants agents and employees

“Website”: www.boughtonsbedrooms.co.uk

2. Agreement

2.1 – A legally binding contract is created when the Customer submits a completed Order Form to Boughtons .In consideration of the Customer agreeing to pay the Price and the Customer’s other obligations under the Agreement Boughtons shall supply the Furniture and the Services to the Customer PROVIDED ALWAYS that Boughtons shall only be obliged to install the Furniture if the Customer has selected the Installation Option;
 
2.2 – In consideration of Boughtons accepting the Customer’s Order the Customer shall pay the Price to Boughtons without exercising or seeking to exercise any claim to legal or equitable set off with time for payment of the Price to be of the essence of the Agreement

3. Payment

3.1 – The Customer shall pay a Deposit of no less than 40% of the Price on or before the date on which the Customer signs the Order Form:-

3.2 – Risk in the Furniture shall pass to the Customer when the Furniture is delivered to the Customer’s Premises and if the Furniture is destroyed by an Insured Risk prior to the same being paid for by the Customer then the Customer shall receive the insurance monies as trustee for Boughtons. The Customer shall arrange for Boughtons’ interest in the Furniture to be noted on all relevant insurance policies.

3.3 – Notwithstanding the passing of risk in the Furniture in accordance with Condition 3.2 legal title to the Furniture shall remain with Boughtons until such time as Boughtons have received payment of the Price and no other amounts are outstanding from the Customer to Boughtons in respect of any other Furniture or Services supplied by Boughtons whereupon legal title in the Furniture shall pass to the Customer.

3.4 – Before title to the Furniture has passed to the Customer under the terms of Condition 3.3 and without prejudice to any of its other rights Boughtons shall have the right to recover and resell the Furniture  and may enter into the Customer’s Premises by its servants or agents for that purpose.

3.5 – Until payment due under all contracts between the Customer and Boughtons has been made in full the Customer shall hold the Furniture upon trust for Boughtons.

3.6 – All balances to be paid upon delivery of the Furniture.

3.7 – If the Customer fails to pay the Price when due the liability of the Customer to Boughtons shall be increased to include interest on any outstanding sum from the date when payment was due until the date of actual payment (as well after as before judgment) at the Interest Rate.

4. License

4.1 – In consideration of Boughtons accepting the Customer’s Order the Customer hereby grants Boughtons its servants and agents with or without vehicles and equipment  permission at all reasonable times and on reasonable notice to enter the Customer’s Premises or any part thereof for the purposes of measuring up the Customer’s Premises and for the purposes of enforcing its rights or complying with its obligations under the Agreement.

4.2 – Boughtons shall not be liable for any damage to any furniture or equipment at the Customer’s Premises where such damage was pre-existing or the result of the negligence of the Customer and/or of any other contractors employed by the Customer.

5. Boughtons Guarantee

5.1 – Subject to these Terms & Conditions Boughtons guarantees the Furniture and our workmanship during the Guarantee Period.  Subject to these Terms & Conditions Boughtons will on receiving valid notification of a Claim under this guarantee and at our absolute discretion repair, replace or re-install all or parts of the Furniture. This guarantee does not entitle the Customer to any refund of the Price or any part thereof or any other monies paid by the Customer to Boughtons under the Agreement

5.2 – The Guarantee is personal to the Customer and is non-transferrable.  The Guarantee will expire automatically if the Customer sells the Customer’s Premises during the Guarantee Period.  All parts removed from the Furniture during any works carried out under this guarantee are and remain Boughton’s property

5.3 – This guarantee is in addition to and does not affect your statutory rights

5.4 – The Customer may only make a claim under the Guarantee if:-

1. The Furniture was manufactured and then installed by Boughtons in England & Wales; and
2. Boughtons in its absolute discretion determines that the Customer has properly cared for the Furniture; and
3. The Customer has used the Furniture in accordance with any instructions provided by Boughtons when the Furniture was installed, particularly in the case of gloss and high sheen furniture; and
4. The Furniture has been used for normal domestic purposes only; and
5. The Furniture has not been altered or interfered with by any unauthorised Third Party; and
6. The Customer has paid the Price in full; and
7. All other sums due from the Customer under the Agreement have been paid in full; and
8. Any work under the guarantee is undertaken by Boughtons or Boughtons’ appointed agent.

5.5 – The Guarantee does not cover:-

1. Any damage to the Furniture caused by fair wear and tear
2. Natural colour fading of the exterior and interior surface materials of the Furniture caused by prolonged exposure to day light or artificial lighting
3. Any movement of any part of the Furniture which occurs 30 plus days after the Installation Date including, without prejudice to the generality of the foregoing, wardrobe/worktop infill and settlement of any Furniture fitted on top of carpets at the Customer’s Premises.
4. Fitting of any small item replacements, for example, handles, hanging rails, etc
5. Electrical and light fittings, bulbs, mirrors and glass
6. Door and drawer adjustments, caulking, refitting of drawers removed from drawer runners
7. Accidental damage
8. Any redecoration or damage to floor covering caused by the removal of the Furniture  from the room in which it was originally installed at the Customer’s Premises. The Customer will be responsible for such costs of redecoration and repairing or replacing any damaged floor covering
9. All consumables required to replace faulty parts will be charged for; these include, but are not limited to, screws, filler, brackets, etc.
10. Any fitting issues reported 30 days after the Installation Date

5.6 – When carrying out any works under this guarantee we do  not guarantee that :-

1. the finish or colour ways of any surface materials which we use .. Due to natural colour fading on the Furniture there may be variations between the colour and  /or finish  of the Furniture when first installed and the colour and / or finish of any materials or items used when we carry out guarantee works on the  Furniture   ; and
2. the materials we use will be identical to the materials used by Boughtons when it manufactured the Furniture in response to the Customer’s Order

5.7 – All claims will be subject to the correct guarantee form (available on request)  being completed and submitted to Boughtons by email to info@boughtonsbedrooms.co.uk together with photographs of the Furniture.  If you are  unable to provide photographic evidence of your claim a £100.00 plus VAT non-refundable call out charge will be payable by you to Boughtons.to cover the cost of a Boughtons representative attending the Customer’s Premises to take photographs of the Furniture. Boughtons may then assess whether your claim is covered by this guarantee (“the Initial Assessment”)

5.8 – If after the Initial Assessment Boughtons  require a physical inspection of the Furniture (“the Inspection”) before it can complete its assessment of the validity of your claim a further £100.00 plus VAT  inspection  charge (“Inspection Charge”) will be payable by the Customer to Boughtons.  Boughtons will confirm the validity of any claim either within 7 working days after the later of Initial Assessment or the Inspection as applicable and if Boughtons (in its absolute discretion) determines that your claim is genuine the Inspection Charge may be refunded.

5.9 – Boughtons will use reasonable endeavours to complete all works covered by this guarantee within 45 days after the later of the Initial Assessment or the Inspection.

5.10 – For items not covered by our guarantee Boughtons also offers an after sales  service.  At a fixed cost per room/visit (details on request)  a Boughtons fitter can carry out any of the following work for you:-

1. All door and drawer adjustments
2. Replacement of any caulking required
3. Replacement of small items such as shelf pegs, hanging rails or hinge cases
4. Repair of accidental damage (parts are subject to an additional charge)

6. Miscellaneous

6.1 – Boughtons shall not be liable for any delay or for the consequences of any delay in performing any of its obligations under the Agreement or for any such delays due to any cause whatsoever beyond its reasonable control. Boughtons shall be entitled to a reasonable extension of the time for performing such obligations. In any event Boughtons shall not be liable for delay in performing or for any failure to perform its obligations under the Agreement if such failure or delay results from force majeure.

6.2 – Boughtons has no obligation, duty or liability to the Customer in contract, tort, or otherwise beyond that of a duty to exercise reasonable skill and care.

6.3 – Boughtons undertakes no liability and gives no warranty in relation to defects in Third Party Furniture and in particular but without prejudice to the generality of the foregoing it shall have no such liability regarding the fitness for purpose quality or merchantability of the Third Party Furniture whether express or implied statutory or otherwise

6.4 – By signing the Order Form you consent to and grant Boughtons and its servants and agents permission to prepare images and C.G.I.s of the Furniture and the interior of the Customer’s Premises; to take photographs of the Furniture and the interior of the Customer’s Premises before and after the Furniture has been installed.  You also give Boughtons permission to publish pictures of the Furniture and the rooms in which the Furniture is installed in the Customer’s Premises in any promotional material including (but not limited to) on social media and on the Website . By signing the Order Form you acknowledge that before you signed  the Order Form you were advised of your right to withhold such consent.

6.5 – Boughtons  is on the Information Commissioners Office Data Protection Register and  is required to comply with all aspects of the Data Protection Act  2018 (DPA) which includes the processing/use of personal information and the use of CCTV for crime prevention.

6.6 – All personal information that we may use will be collected, processed, and held in accordance with the provisions of the DPA and EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the DPA and GDPR.

6.7 – For complete details of our collection, processing, storage and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them and personal data sharing (where applicable), please refer to our Privacy Policy available from the Website.

6.8 – Any waiver, forbearance or failure by Boughtons in insisting on any one or more occasion upon the performance of any the Customer’s obligations under this Agreement shall not be construed as a waiver or relinquishment of Boughtons’ rights to future performance of such obligations and the Customer’s obligations in respect of such future performance shall continue in full force and effect.

6.9 – The Agreement incorporates by reference these Terms and Conditions, the particulars on the front page of the Order Form and the C.G.I .The Agreement supersedes all prior representations, arrangements, understandings and agreements between the parties (whether written or oral) relating to the Furniture and the Services and the Customer hereby agrees that this Agreement sets forth the entire complete and exclusive agreement and understanding between the parties relating to the Furniture and the Services

6.10 – Boughtons reserves the right from time to time to vary its prices in accordance with any increases in the Retail Price Index

6.11 – The Customer must keep Boughtons fully indemnified against all losses arising directly or indirectly out of any act, omission or negligence of the Customer or any Third Party which causes damage or loss to the Furniture, the Customer’s Premises or any of the Customer’s chattels and personal effects

6.12 – Your continued use of the Website after any changes to these Terms & Conditions are posted constitutes your acceptance of these Terms & Conditions as modified. In no event will Boughtons be liable for any damages, including without limitation, indirect or consequential damages or any damages whatsoever arising from your use of or in connection with such use or loss of use of the website whether in contract tort or otherwise.

6.13 – If any term or condition of this Agreement shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or condition or part thereof shall to that extent be deemed not to form part of this Agreement but the validity and enforceability of the remainder of this Agreement shall not be affected

6.14 – Clause headings in these Terms and Conditions shall not affect its interpretation

6.15 – The Agreement shall be governed by and construed in accordance with English Law. Each party agrees to submit any dispute or claim arising hereunder to the exclusive jurisdiction of the Courts of England and Wales.