Terms Of Supply

1. What’s in these terms?

These terms tell you the rules for purchasing products and/or services (Products) via Our website www.lesser-spotted.co.uk (our site).

2. About us

www.lesser-spotted.co.uk is a Site operated by Lesser-Spotted Furniture Limited ("We" or “Us”). We are registered in England and Wales under company number 11328092 and have our registered office at Yew Tree Farm, Maker Lane, Hoar Cross, Staffordshire DE13 8QR. Our main trading address is Yew Tree Farm, Maker Lane, Hoar Cross, Staffordshire DE13 8QR.

We are a limited company. To contact us, please email INFO@LESSER-SPOTTED.CO.UK

3. What are these Terms & Conditions of Supply

If you purchase Products through this Site you agree both to Our Terms & Conditions of Supply and to any terms and conditions of the supplier (“Associate”) from whom you are buying those Products.

So, please read these Terms & Conditions of Supply carefully before you confirm your order. If you do not agree to these Terms & Conditions of Supply please stop using the Site immediately and do not complete any purchase through it.

We may change these Terms & Conditions of Supply from time to time and will publish those changes on this Site.

4. The service We provide and what We don’t provide or promise

We do not make any of the Products on this Site. We act as agents for the Associates. The contract you make through this Site is, therefore, with the Associate from whom you are buying the Product and not with Us. We are, however, the ‘Merchant of Record’ for the purpose of your credit card transaction.

We are a market place. Whilst We select Our Associates and the Products offered with care We never have possession of the Products and will not normally examine, inspect or test the Products. So We do not guarantee that claims made by the Associates for those Products and/or services are correct.

Accordingly, We do not warrant that:

• the Associate from whom you buy the Product has title to or the right to sell them; or
• the claims which the Associates make on this Site are true; or
• any Product is of satisfactory quality or fit for the purpose for which you may be buying them; or
• any services are of satisfactory quality.

This does not, of course, affect your statutory rights.

You accept that this clause 5 satisfies the requirements of reasonableness.

5. How the contract should work

When you place an order you are making an offer to purchase the Products and/or services specified in it subject to these Terms & Conditions of Supply and any additional terms and conditions notified to you by the relevant Associate.

No order shall be deemed to be accepted by the Associate until you have been issued with an email acceptance of order.

We may refuse to process a transaction or to provide a service at any time. We will not be liable to you or anyone else if We do this or through Us unwinding or suspending any transaction after processing has begun.

The contract will relate only to those Products notified in the email acceptance of order.

6. Payment

You may pay for the Products you buy through Us by using a debit or credit card through SAGEPAY, Our online payment facility.

All prices:

• are in pounds sterling (£), and are payable in that currency;
• include any VAT except where We say otherwise.

Your shopping basket on the Site displays the Products you have chosen, the Associate who will supply them and details of post and packing (Delivery Costs).

7. Gift Vouchers

When purchasing a Gift Voucher or using a Gift Voucher to make a purchase on the Site, you agree to be bound by these Terms & Conditions of Supply and by the special conditions relating to Gift Vouchers below.

How to purchase and redeem Gift Vouchers:

When purchasing a Gift Voucher from Us you must choose a Gift Voucher type and design.

Email Gift Vouchers will be dispatched by email to the designated email address as soon as payment for the Gift Voucher has been received.

Our Gift Vouchers can be redeemed only on Our Site and only towards the purchase of Products currently featured on Our Site and items sourced using the Spotted for You Service (subject to availability).

It is your responsibility to ensure that the delivery email address you have entered is correct. We cannot be responsible for the incorrect delivery of Gift Vouchers due to an error by a customer (such as, a misspelled email address).

Our standard payment methods apply for the purchase of Gift Vouchers. Gift Vouchers are only available for purchase in pounds sterling.

When redeeming Gift Vouchers the unique Gift Voucher code stated on the Gift Voucher will need to be entered at the checkout.

If the Products purchased total less than the value of the Gift Voucher, any Gift Voucher balance will be held on account of the holder of the Gift Voucher under 'my funds'.

If the Products purchased exceed the amount of the Gift Voucher, the balance must be paid by credit or debit card when the Gift Voucher is redeemed and the Products are purchased.

Our Terms & Conditions of Supply and Terms & Conditions of Use shall apply in connection with the purchase of Products made using a Gift Voucher.

By purchasing and/or redeeming a Gift Voucher you will be deemed to have read and understood these Terms & Conditions of Supply and Terms & Conditions of Use and agree to be bound by them.

If and to the extent there is a conflict or inconsistency between the Terms & Conditions of Supply and Terms & Conditions of Use and these and any special conditions for Gift Vouchers, the special conditions for Gift Vouchers shall prevail. Any defined terms used in the Terms & Conditions of Supply and Terms & Conditions of Use shall also apply to Gift Vouchers.

Gift Vouchers are an arrangement between you/Gift Voucher holder and Us or the and not between you/Gift Voucher holder and any Associate. Gift Vouchers cannot be redeemed direct with any Associate.

Gift Vouchers must be purchased separately and cannot be purchased in conjunction with any other Products on Our Site.

Gift Vouchers cannot be used to purchase other Gift Vouchers.

The maximum value of Gift Vouchers that can be purchased in any one order is £500.

We shall not be responsible if a Gift Voucher is lost, stolen, damaged, impaired, corrupted, destroyed, deleted or used without permission.

We shall not be held responsible for Gift Vouchers that cannot be delivered due to the recipient's spam filters, firewalls, capacity of the mailbox or any other factors outside of Our control.

Gift Vouchers must be redeemed within one year of the date of dispatch by us and will expire after such date.

These Gift Vouchers are provided and operated by Lesser-Spotted Furniture Limited (Company Number 11328092) of Yew Tree Farm, Maker Lane, Hoar Cross, Staffordshire DE13 8QR Our VAT number is 174 5303 15

8. Promotional Codes

By using a Promotional Code you will be deemed to have read and understood these Terms & Conditions of Supply and Terms & Conditions of Use and agree to be bound by them.

The Terms & Conditions of Supply and Terms & Conditions of Use shall apply to Promotional Codes. If and to the extent there is a conflict or inconsistency between the Terms & Conditions of Supply and Terms & Conditions of Use and any special conditions relating to Promotional Code, the special conditions relating to Promotional Codes shall prevail. Any defined terms used in the Terms & Conditions of Supply and Terms & Conditions of Use shall also apply to Promotional Codes.

Our Promotional Codes can only be used on Our Site and and towards the purchase of Products currently featured on the Site (excluding delivery charges).

Promotional Codes are an arrangement between you and US and not between you and any Associate. Promotional codes cannot be used direct with any Associate.

Promotional Codes cannot be used in the same transaction and/or in conjunction with the group gifting payment option, with any other offer on Our Site, or for the purchase of Gift Vouchers.

The discount associated with a Promotional Code is applied to your entire basket, excluding any delivery charges. Promotional Codes are a combination of letters and numbers, and should be entered on the payment page during checkout for the discount to apply.

Each Promotional Code will have a limited time period in which to be used and/or a maximum number of orders per code. The Promotional Code will be invalid once these limits have been reached. Specific terms & conditions for each Promotional Code setting out these limits can be found in the communication you receive with the Promotional Code itself.

We reserve the right to suspend, change or cancel any Promotional Code, at any time, in the event of circumstances arising which make it necessary to do so. We may update these terms from time to time and reserves the right to add additional terms and conditions for specific Promotional Codes as and where necessary. You should review the terms and conditions supplied with the relevant Promotional Code for changes.

Promotional Codes have no cash value, cannot be transferred and cannot be forwarded or reassigned.

Any refund you may be entitled to receive will not include the redemption value of the Promotional Code. You will be refunded no more than the amount you paid towards the final basket price.

Promotional Codes are provided and operated by Lesser-Spotted Furniture Limited (Company Number 11328092) of Yew Tree Farm, Maker Lane, Hoar Cross, Staffordshire DE13 8QR Our VAT number is 174 5303 15

9. Delivery

Delivery Costs vary according to the delivery methods used by the relevant Associate.

In accepting or otherwise processing your payments related to the purchase of Products, We act in the capacity as agent of the Associate. Valid payment by you to Us for the purchase of item(s) between you and the Associate will satisfy your obligation to pay the Associate for the Product and consequently, any debt obligations owed by you to the Associate for the purchase of such items shall be extinguished at that time. Associates should not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us. If they do, please contact Us as soon as possible.

You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that delivery charges will vary depending on the destination to choose to have the item delivered.

10. Delivery arrangements

The delivery costs for each Associate vary according to the delivery methods they offer. Any delivery times quoted are in working days.

The Products are intended primarily for UK residents. Accordingly, neither We nor the Associates represent that any Product (including, but not limited to, lighting and/or other electrical goods) sold through this Site will be appropriate or available for use outside of the UK. It is your responsibility to comply with all applicable laws and regulations of the country for which any Product is destined. We will not be liable for any breach by you of any such laws.

11. Returns and Refunds Policy

If you have any issues with any non-returnable item purchased through the Site (see below for a description of non-returnable items), please contact us. Non-returnable items include:

• Bespoke items
• Personalised items

Returns and/or refunds in respect of such items will be at Our and/or the Associates’ discretion.

Returns Policy

For all cancellable goods you will have 14 days of receiving your goods to notify Us if you want to cancel the order or exchange the item. The cancellation period will expire 28 days from the day on which you receive the goods. This time period will not apply to non-returnable goods (see above).

If you want to cancel and/or receive a refund, please:

• Contact Us by email to info@lesser-spotted.co.uk or telephone on +44 (0) 1283 319003 and let Us know that you wish to cancel your order, or return or exchange a Product. We will then advise the return address- please do not send back to the business address shown on the site.
• If already received, package the item up and send it back to the advised address within 14 days of letting Us know that you want to cancel your order and return the Product. We are happy to oversee the return, the charge for which will be the same cost as the delivery to you. This varies for each Product.

We will process the refund directly to your bank account, in no more than

• 14 days after the day the returned Product is received; or
• if earlier, 14 days after the date you provide evidence that you have returned the Product; or
• if there were no Products supplied, 14 days after the day on which you informed Us (via Step 1 above) about your decision to cancel your order.

Please don’t destroy or throw away any Product, even if it’s faulty, before you’ve spoken to Us and agreed that doing so won't affect any refund to which you may be entitled.

Please note that you are liable for any diminished value of the Product resulting you’re your handling of the Product in any way other than necessary to establish the nature, characteristics and proper functioning of the Product.

Refunds of Gift Vouchers

Gift Vouchers are refundable within seven business days of purchase.

What you can’t send back

Unfortunately, some items are non-cancellable and non-refundable:

Anything that’s made to your specific requirements, is personalised or otherwise can't be resold due to a bespoke element cannot be cancelled or refunded. To avoid disappointment, please check with Us at info@lesser-spotted.co.uk whether an item is cancellable or non-cancellable before ordering.

12. Privacy

Any personal data and other information provided by you is processed by Us in accordance with Our Privacy Policy.

By providing any such personal data or other information you agree to the terms of Our Privacy Policy.

We will, of course, be required to disclose your identity and other necessary personal data to the Associate from whom you have bought any Products to enable them to process your order, and you authorise Us to disclose this information to those associate.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Our security procedures, you must treat such information as confidential, and you must not disclose it to any other person. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in Our opinion you have failed to comply with any of the provisions of these Terms & Conditions of Supply.

13. Waiver

If We fail at any time to insist upon strict performance of any of your obligations under these Terms & Conditions of Supply, or if We fail to exercise any of the rights or remedies to which We are entitled under them, this does not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by Us of any default shall not constitute a waiver of any subsequent default.

No waiver by Us of any of these Terms & Conditions of Supply shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

14. Severability

If any of these Terms & Conditions of Supply 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.

15. Entire agreement

These Terms & Conditions of Supply and any document expressly referred to in them represent the entire agreement between Us and supersede any prior agreement, understanding or arrangement between Us, whether oral or in writing.

16. Force majeure

Where We or an Associate is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to Our or the Associate’s workforce), or restraints or delays affecting carriers or inability or delay in

obtaining supplies of adequate or suitable materials, the date of delivery may be postponed for the period that the circumstances continue.

17. Law and jurisdiction

Contracts for the purchase of Products through Our Site will be governed by the laws of England and Wales. Any dispute arising from, or related to Our Site and/or the purchase of Products through Our Site, shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

18. Disclaimer of Warranties and limitation of liability

To the fullest extent permitted by applicable laws, We disclaim responsibility for any harm resulting from your use of any part of the Site.

The Site is provided “as is” and “as available” and We expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.

Nothing in these Terms & Conditions of Supply or Our Terms &Conditions of Use or any other of Our policies shall limit or exclude Our liability for fraudulent misrepresentation, for death or personal injury resulting from Our negligence or the negligence of Our agents or employees or for any other liability that cannot be limited or excluded by law.

19. Feedback

We welcome your comments about this Site and the Products and services sold on it. You can contact Us best by email at INFO@LESSER-SPOTTED.CO.UK

20. Rights of Third Parties

No provision of these Terms & Conditions of Supply shall be enforceable by any third party or against any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either Lesser-Spotted or any Associate) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes Our rights when acting as commercial agent of any Associate.