TERMS & CONDITIONS
The website www.TriumphDesigns.uk (“Website”) is operated on these terms and conditions of use and supply (“Terms”), issued by Carlton Furniture ltd. ("Company”).
This page tells you about the terms for using the Website and the terms on which the Company supplies any of the goods (“Goods”) listed on the Website. You should print a copy of these Terms for future reference.
By using the Website, and/or by ordering any of the Goods from the Website, you agree to be legally bound by these Terms, regardless of whether or not you choose to register with the Company.
1.1. The Company is a company registered in England and Wales with company number 4117528 whose registered office is Newstead House, Pelham Road, Nottingham. NG5 1AP and whose main trading address is Triumph Road, Lenton, Nottingham. NG7 2GA. The Company’s VAT number is 764037921.
1.2. You may access most areas of the Website without registering your details with the Company. Certain areas of the Website are only open to you if you register.
1.3. By accessing any part of the Website, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave the Website immediately.
1.4. The Company may revise these Terms at any time. Please review these Terms regularly to ensure you are aware of any changes made by the Company. Your continued use of the Website after changes are made means that you agree to be legally bound by these Terms as updated and/or amended.
2. Access and your status
2.1. The Website is only intended for use by people resident in the United Kingdom.
2.2 Export Restrictions and Use of this Website from outside the UK
The Company makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
2.3. By placing an order through the Website, you warrant that you are legally capable of entering into binding contracts;
3. Service availability
3.1. While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
4. Use of the Website
4.1. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Website content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Website content except for your own personal, non-commercial use. Any other use of Website content requires the Company’s prior written permission.
5. Visitor material and conduct
5.2. You are prohibited from posting or transmitting to or from the Website any material:
- - That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- - For which you have not obtained all necessary licences and/or approvals;
- - Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
- - Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5.3. You may not misuse the Website (including, without limitation, by hacking).
5.4. The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing it to disclose the identity of or locate anyone who breaches clause 5.1 and/or clause 5.2.
6. Links to and from other websites
6.1. Links to third party websites on the Website are provided solely for your convenience. If you use such a link, you will leave the Website. The Company has not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
6.2. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
- - You do not remove, distort or otherwise alter the size or appearance of the Triumph Designs logo;
- - You do not create a frame or any other browser or border environment around the Website;
- - You do not in any way imply that the Company is endorsing any Goods or services other than its own;
- - You do not misrepresent your relationship with the Company nor present any other false information about the Company;
- - You do not otherwise use any trade marks displayed on the Website without express written permission from the Company;
- - You do not link from a website that is not owned by you;
- - Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
6.3. The Company expressly reserves the right to revoke the rights granted in clause 6.2 for breach of these Terms and to take any action it deems appropriate.
6.4. You shall fully indemnify the Company for any loss or damage suffered by it for breach of clause 6.2.
7.1. Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
7.2. Responsibility for the security of any passwords issued rests with you.
8.1. While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the Goods and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
8.2. The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms, might have effect in relation to the Website.
9. How a contract is formed between you and the Company
9.1. After placing an order on the Website, you will receive an e-mail from the Company acknowledging that it has received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to the Company to buy the Goods subject to these Terms. All orders are subject to acceptance by the Company, and the Company will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (“the Dispatch Confirmation”). The contract between the Company and you (“Contract”) will only be formed when the Company sends you the Dispatch Confirmation.
9.2. The Contract will relate only to those Goods whose dispatch the Company has confirmed in the Dispatch Confirmation. The Company will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
10. Company’s status
10.1. Please note that in some cases, the Company accepts orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
10.2. The Company may also provide links on the Website to the websites of other companies, whether affiliated with the Company or not. The Company cannot give any undertaking, that products you purchase from third party sellers through the Website, or from companies to whose website the Company has provided a link on the Website, will be of satisfactory quality, and any such warranties are DISCLAIMED by the Company absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. The Company will notify you when a third party is involved in a transaction, and the Company may disclose your customer information related to that transaction to the third party seller.
11. Your Consumer Rights
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you buy goods from us online or by phone, your consumer rights entitle you to cancel your order and obtain a full refund if you request one within 14 days from delivery of the goods. This does not apply to the products listed as exclusions below, unless they are faulty, damaged, missing or otherwise not in accordance with specification.
You can amend / cancel an order FOC provided none of the exclusions below apply: Made to order items, special size items, items purchased in a finish/es available but the item is not shown in that finish/es on the web site, items not on sale on the web site, items with mix and matched components i.e. items not sold as shown or not on sale on the web site, a claim for any abortive labour and materials costs may be made for up to 40% of the order amount, whether the item has been dispatched or not, because the manufacturing process starts from the moment you place the order.
To cancel a Contract, you must inform the Company in writing.
If the goods have been delivered:
If you are contracting as a consumer, you may cancel a Contract at any time within 14 days, from delivery day. In this case, you will receive a full refund of the price paid for the Goods in accordance with the Company refund policy.
You will not have any right to return any of the following Goods:
- - Special size items.
Unless having ascertained manufacturing faults, made to order items, items with mix-and-matched components - i.e. not shown on the web site, items purchased in a finish/es which are available but items not shown in that finish on the web site, you will be entitled to a part refund only, as a claim for any abortive labour and materials costs may be made for up to 40% of the order amount.
This provision does not affect your statutory rights.
When you return Goods to the Company:
- - Because you have cancelled the Contract with the Company within the fourteen-day cooling-off period, provided no exclusions apply, the Company will refund the price of the goods in full, including the cost of sending the item(s) to you, if extra transport charges were charged at time of order. Triumph Designs will deduct from any refund the cost of recovering goods from customers. In case goods have also been assembled at your property and you then decided the product is not of your liking, you will be charged with disassembling cost and return haulage. You can return the products through our logistics network or by your own chosen method, provided the goods are returned in good conditions. After receipt of the returned goods, the Company will examine them to ascertain there are no damages and that all conditions have been accounted for and will notify you of your refund via e-mail within a reasonable period of time. The Company will usually process the refund due to you as soon as possible and, in any case, within 30 days since receipt of the returned goods. However, you will be responsible for the cost of returning the item(s) to Carlton Furniture Ltd, t/a Triumph Designs, Triumph Road, Lenton, Nottingham, NG7 2GA.
- - Because the goods were faulty: it is in our interest to sort the problem out. You are entitled to replacement of the faulty parts only if partial replacement is possible, so we will offer partial or full replacement, or allowances, or repairs. If you were not happy to accept any of these, then the faulty goods only can be returned against full refund, including a refund of the delivery charges for sending the item to you if extra delivery charges were charged. The cost for returning/collection will be paid for by Carlton Furniture Ltd, t/a Triumph Designs, Triumph Road, Lenton, Nottingham, NG7 2GA.
- - If the faulty goods were part of a larger set, and you wanted to return the full set, the return costs including dis-installation will be charged and deducted off the refund. Please check if any penalty charges apply;
- - If at time of collection/dis-installation the goods were found damaged, with damages you had never reported until time of complaint, you may be denied the possibility of returning the goods and having a refund;
- - REFUNDS WILL NOT BE PROCESSED UNLESS THE GOODS ARE PACKAGED IN THEIR ORIGINAL PACKAGING AND ARE IN A SALEABLE CONDITION.
Once you have placed an order on the website, we will then contact you to take a payment. This is usually on a Pro Forma basis by bank transfer. However, payments can be made over the phone with a credit card but this will incur with a 2% surcharge.
Fraud checks may be conducted on our orders. This involves checks on details provided during the order process including the address details. This may involve your details being passed to a 3rd party fraud checking company. On occasion we may ask for additional information in order to process your order. We will conduct this process as quickly as possible however on occasion dispatch of goods may be delayed.
All transactions are taken in the UK and our transaction currency is in UK Pounds (£).
13. Orders placed by phone
Orders placed over the telephone undergo additional security checks once the order has been placed – this is to protect Triumph Designs and cardholders against credit card fraud.
All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available.
15. Delivery Times and Rates
Please consult the delivery section for full details.
16. Can I pick up my order from your shop/office?
We do not hold stock at our office. All orders are dispatched from our high tech warehouse. Therefore we cannot accommodate pick up from our offices or at our warehouses. Our head office is based in Lenton, Nottingham.
17. Does Triumph Designs have a retail shop/store?
Triumph Designs does not have a retail store. We are strictly an online contract furniture business.
18. Acknowledgment and Acceptance of your Order
If you have supplied us with your email address, we will notify you by email as soon as possible to acknowledge your order. Please note that this e-mail is not an order confirmation or order acceptance from Triumph Designs. Our acceptance of your order will take place upon dispatch of the product(s) ordered.
Please contact our sales or customer service team for further information on individual products. All products are warranted against manufacturing defects. Triumph Designs reserves the right not to apply the warranty in cases of inappropriate use or when the product has been tampered with by a third party or interventions by non-authorised personnel.
20. Accuracy of Content
Triumph Designs has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. All prices are displayed inclusive of VAT unless stated otherwise, and where applicable. The dimensions given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
21. Availability and delivery
Please consult the 'Delivery' section within our customer services info,
22. Risk and title
22.1. The Goods will be at your risk from the time of delivery.
22.2. Ownership of the Goods will only pass to you when the Company receives full payment of all sums due in respect of the Goods, including delivery charges.
23. Price and payment
23.1. The price of any Goods will be as quoted on the Website from time to time, except in cases of obvious error.
23.2. These prices do not include VAT.
23.3. Prices are liable to change at any time, but changes will not affect orders in respect of which the Company has already sent you a Dispatch Confirmation.
23.4. The Website contains a large number of Goods and it is always possible that, despite the Company’s best efforts, some of the Goods listed on the Website may be incorrectly priced. The Company will normally verify prices as part of its dispatch procedures so that, where the correct price of the Goods is less than the price stated on the Website, the Company will charge the lower amount when dispatching the Goods to you. If the correct price of the Goods is higher than the price stated on the Website, the Company will normally, at its discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
23.5. The Company is under no obligation to provide the Goods to you at the incorrect (lower) price, even after it has sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
23.6. Payment for all Goods must be by bank transfer, credit or debit card. The Company accepts payment with: MASTERCARD, SOLO, UK MAESTRO, VISA, VISA DEBIT/DELTA, VISA ELECTRON.
23.7. In some cases delivery is included in the price. Please consult the 'delivery' section for more details.
24. Company’s refund policy
Please refer to the 'Returns and Refunds' section within Customer Services section;
25. Company’s liability
25.1. The Company warrants to you that any Goods purchased from the Company through the Website are of satisfactory quality and reasonably fit for all the purposes for which Goods of the kind are commonly supplied.
25.2 The agreement is strictly limited to the purchase price of the Goods you purchased and any losses which are a foreseeable consequence of the Company breaking the agreement. Losses are foreseeable where they could be contemplated by you and the Company at the time your order is accepted by the Company.
25.3. The Company does not exclude or limit in any way its liability:
- For death or personal injury caused by its negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for the Company to exclude, or attempt to exclude, its liability.
25.4. The Company is 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 the Company (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.
25.5. [Where you buy any Goods from a third party seller through the Website, the seller's individual liability will be set out in the seller's terms.]
26. Damage to your Computer
Triumph Designs makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Triumph Designs shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
27. Written communications
Applicable laws require that some of the information or communications the Company sends to you should be in writing. When using the Website, you accept that communication with the Company will be mainly electronic. The Company will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the Company provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to the Company must be given to Carlton Furniture Ltd at Triumph Road, Lenton, Nottingham. NG7 2GA. OR email@example.com. The Company may give notice to you at either the e-mail or postal address you provide to the Company when placing an order, or in any of the ways specified in clause 15 above. Notice will be deemed received and properly served immediately when posted on the website, 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 of the addressee.
29. Transfer of Rights and Obligations
29.1. The contract between you and the Company is binding on you and the Company and on the Company’s respective successors and assigns.
29.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without the Company’s prior written consent.
29.3. The Company may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of its rights or obligations arising under it, at any time during the term of the Contract.
30. Events Outside Company’s Control
30.1. The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by events outside its reasonable control (“Force Majeure Event”).
30.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Company’s reasonable control and includes in particular (without limitation) the following:
- - Strikes, lock-outs or other industrial action;
- - Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- - Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- - Impossibility of the use of public or private telecommunications networks;
- - The acts, decrees, legislation, regulations or restrictions of any government.
30.3. The Company’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and the Company will have an extension of time for performance for the duration of that period. The Company will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.
31.1. If the Company fails, 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, or if the Company fails to exercise any of the rights or remedies to which it is 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.
31.2. A waiver by the Company of any default shall not constitute a waiver of any subsequent default.
31.3. No waiver by the Company of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16 above.
32.1. If any of these Terms 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.
33. Entire Agreement
33.1. The Company intends to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. While the Company accepts responsibility for statements and representations made by its duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
34. Company’s Right To Vary These Terms
34.1. The Company has the right to revise and amend these Terms from time to time.
34.2. You will be subject to the policies and Terms in force at the time that you access the Website or you order Goods from the Company, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if the Company notifies you of the change to those policies or these Terms before the Company sends you the Dispatch Confirmation (in which case the Company has the right to assume that you have accepted the change to the Terms, unless you notify the Company to the contrary within seven working days of receipt by you of the Goods).
35. Law and Jurisdiction
35.1. These Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with this these Terms shall be subject to the exclusive jurisdiction of the English courts.