Terms & Conditions

Welcome to Online @ Cookes furniture

This page provides all the terms and conditions (Terms) relating to Cookes Furniture Limited (we) and the sale of the products (Products) listed on our website www.cookesfurniture.co.uk (our site).  Please read the Terms carefully (together with any documents referred to within, including our Terms of Website Use Policy, Website Acceptable Use Policy and our Privacy Policy) and make sure that you understand them, before placing an order on our site.

By continuing to use our site you are agreeing to be bound by these Terms and accept that they shall govern all on-line transactions between us, These terms and conditions take precedent over any in store terms and conditions and govern all transactions on this website .Before placing an order you will be asked to agree to these Terms and will need to do so before you are able to order any Products from our site. Please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

If you wish to proceed with the purchase of a Product from our site, we recommended that you print a copy of these Terms (or save them to your computer) for future reference. Please note that we may amend these Terms from time to time as set out in clause 7. We would advise that you revisit the Terms each time you wish to create a new order.

These Terms, and any contract between us, are only in the English language.


1. INFORMATION ABOUT US

This website (www.cookesfurniture.co.uk) is operated by Cookes Furniture Limited, a company registered in England and Wales under company number 01247580 and with our registered office at 28 Goosemoor Lane, Erdington, Birmingham, B23 5PN. Our VAT number is 113022344.

 Contact can be made by calling 0121 250 5058 or via our Web sales team at

Webenquiries@cookesfurniture.co.uk


2. SCOPE OF SERVICE

Our site is intended for the sale of Products for delivery within the

United Kingdom. If you wish to order Products for delivery outside the

United Kingdom please contact our Web Sales team on

0121 250 5058 or at Webenquiries@cookesfurniture.co.uk


3. OUR PRODUCTS

Any photographs, models, samples, sizes and/or Product descriptions are for illustrative purposes only. Although we have made every effort to display the colours, textures and finishes accurately, we cannot guarantee that your computer's display of the colours, textures and finishes accurately reflect the colours, textures and finishes of the Products. Your Products may therefore vary slightly from those images.


4. DATA PROTECTION

4.1         We are a registered data controller for the purposes of the Data Protection Act 1998 (the “Act”) and we will comply with the statutory requirements imposed on us to keep your personal data confidential and secure. We are fully compliant with the Act.

 

4.2          Telephone conversations with us may be recorded for the purposes of monitoring customer service standards and for security.

 

4.3           During the order process you will be required to provide personal information including, but not limited to, your name, billing address, email address, delivery address, telephone number and payment details.

 

4.4          We will treat and store all of your personal information confidentially and comply with all applicable UK Data Protection and consumer legislation in place from time to time.

 

4.5          By agreeing to these terms you confirm that:

               4.5.1     you are at least 18 years of age;

               4.5.2     you are legally capable of entering into binding contracts; and

               4.5.3     all of the information you provide as part of the ordering process   is complete and accurate

 

4.6  A copy of our privacy can be found here [link]


5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1         Our Web pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

 

5.2         After you place an order, you will receive an e-mail from us acknowledging that we have received your order (Order Acknowledgement). Please note that this does not mean that your order has been accepted.

 

5.3         We will confirm our acceptance of your order, by sending you a further e-mail (Order Confirmation) confirming that your payment has been processed in accordance, with the payment terms at clause 12.    We will also inform you of your order number as part of your Order Confirmation. Please quote this order number in all subsequent correspondence with us.

 

5.4         Please note that the contract between us will only be formed when we send you the Order Confirmation.


6. CANCELLATION BY COOKES FURNITURE

6.1         If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 11.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

6.2         We reserve the right to cancel any orders in the following circumstances:

              6.2.1 if any of the information you have provided as part of the   ordering process is inaccurate;

 

              6.2.2 if you have requested delivery of  a Product to an address outside our usual delivery areas, as referred to  in clause 9; or

 

              6.2.3 If your method of payment is declined.


7. OUR RIGHT TO VARY THESE TERMS

7.1         We reserve the right to amend these Terms from time to time to reflect changes in relevant laws and regulatory requirements, changes in market conditions affecting our business and changes in technology, including our internal systems and/or preferred payment methods.

 

7.2         Every time you order Products from us, the Terms in force at the time of your order will apply to the contract between us, unless we notify you of any changes to the Terms before sending you an Order Confirmation. In these circumstances, we will reserve the right to assume that you have accepted any such changes to the Terms. If you do not accept the changes, you must notify us, within 7 days of receiving the amended terms.

 

7.3         If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery/return postal charges.


8. YOUR CONSUMER RIGHT OF RETURN AND REFUND

8.1         If you are a consumer, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the cancellation periods set out below in clause 8.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you must notify us in writing of your decision to cancel the contract and receive a refund.

 

8.2         However, this cancellation right does not apply to Products which, due to use or damage by you during the cancellation period, cannot be re-sold at full price, or at all. In particular:

             

8.2.1    Mattresses or pillows are exempt from Consumer Contracts Regulations if they have been taken out of sealed packaging in which they were delivered. In the event, once unwrapped, a mattress/divan is discovered to be faulty, we reserve the right to refuse a cancellation/refund if a Mattress protector has not been used and the product is excessively marked or soiled.

 

               8.2.2 Products which are self-assembled will not be accepted for  return once assembly is partly or wholly carried out, unless the  Product is defective; and

               8.2.3 Products of a bespoke nature which have been ordered specifically to your requirements, cannot be cancelled or exchanged (unless defective) without the discretion of management, and may incur a 30% cancellation fee. Any costs incurred in respect of the collection of such goods will be subject to an additional charge over and above the cancellation fee.

 

8.3         Your legal right to cancel a contract starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the contract between us is formed. Your deadline for cancelling the contract then depends on what you have ordered and how it is delivered, as set out in the table below:


Your Contract End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).


The end date is the end of 14 days after the day on which you receive the Product.

Example: if we provide you with an Order Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.


Your Contract is for either of the following:

One Product which is delivered in instalments on separate days.

Multiple Products which are delivered on separate days.

The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.

Example:  if we provide you with an Order Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.


8.4      To cancel a contract in accordance with your legal right to do so you just need to let us know in writing that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website at [ADD LINK] [A link to the website cancellation form will also be included in our Order Confirmation.] If you use this method we will e-mail you to confirm we have received your cancellation. You can also contact us at Webenquires@cookesfurniture.co.uk or by post to Web Sales Dept., 28 Goosemoor Lane, Erdington, Birmingham, B23 5PN.  If you contact us via written correspondence please ensure that you include your sales order number so that we can deal with your request as quickly as possible.

8.5     The provisions of clause 8.4 will not apply to any Products which you have bought either online or by telephone which you have previously viewed at one of our stores.

  

            8.5.1 If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example you will have given us notice in time as long as you get your letter into the post on the last day of the cancellation period or email us before midnight on that day.

 

8.6      If you cancel your contract we will:

           8.6.1 Refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in one of our stores..

 

           8.6.2 Refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

           8.6.3 make any refunds due to you as soon as possible and in any  event within the deadlines indicated below:

 

          8.6.3.1 If you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about  how to return a Product to us, see clause 8.9;

 

         8.6.3.2 If you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

8.7     If you have returned the Products to us within the relevant cancellation period because they are defective, we will refund the price of the Product in full together with any applicable delivery charge and any reasonable costs you incur in returning the item to us.

 

8.8     Refunds will be made to you on the credit card or debit card used by you to pay. If a credit note has been used as full or part tender for the Product we will issue a new credit note for the original value.

 

8.9      If a Product has been delivered to you before you decide to cancel your  contract:

 

            8.9.1 Then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract. You can send it back, return it to us in-store or pass it to our authorised carrier. If we have offered to collect the Product from you we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;

          8.9.2 Unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection. If you are a consumer, we are under a legal duty to supply Products that are in conformity with these Terms. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms.

8.10    Once the relevant cancellation period has expired we shall only accept the return of goods at the discretion of management or in circumstances where the Products are defective.

 

              8.10.1      If you wish to return Products after the expiry of the cancellation period because they are defective, we reserve the right to inspect the Products. Please note that any defective Products must be reported within 3 days of receipt of the Product.

 

8.11 To advise us that you are rejecting faulty Products from our Home Comforts Range please follow the link within our Web Site [insert Link (insert returns form on Web page)]

 

             8.11.1   The initial cost of return postage will be the responsibility of the customer, until such times as a confirmation email (this will be sent after the Products have been received back to our premises) in response to the return form request is sent by us. Upon receipt of the faulty Products we will review against the original returns request and then take the relevant action.

 

                8.11.2 If upon inspection, we agree that the relevant Product is defective or damaged, we may (i) arrange for the repair of the item in the first instance.

If it is not possible to repair we may (i) arrange for the collection and replacement of the defective Product; or (ii) offer you a full refund (inclusive of delivery charges).

 

               8.11.3 If we do not accept (upon inspection) that we have any legal liability relating to the defects to the Product alleged, we reserve the right to levy a call-out charge, where relevant, for the inspection carried out.

 

8.12      The following product care information forms part of our returns policy:

             8.12.1 Upholstery

             8.12.1.1 Always follow the manufacturer's cleaning instructions and   only use products recommended by them.

             8.12.1.2 Certain clothing, especially new items and in particular   jeans, can transfer dye onto your suite. Please be careful   with lighter coloured fabrics and leather.

             8. 12.1.3 Shading on certain fabrics is considered a characteristic not a manufacturer's fault.

             8. 12.1.4 Plump and turn cushions daily to ensure longevity in maintaining the volume of them. It is normal for seat and back cushions to soften with use.

             8. 12.1.5 Suites should be brushed or vacuumed regularly.

             8. 12.1.6 All fabric suites should be professionally cleaned  regularly and will require dressing on a daily basis

             8. 12.1.7 Avoid close contact with direct heat and sunlight. These   will cause joints to dry out and fabrics and leathers to   fade.

             8. 12.1.8 Do not sit on the arms or allow children/pets to mistreat your furniture.

 

             8.12.1.9 Leather is a natural material so no two hides are ever   alike. Any scars and natural markings in the hide are   stronger than surrounding areas and are characteristics of   genuine leather. Leather also has a tendency to stretch.   Any creases that appear as a result of the leather   stretching, especially on cushions, are quite normal. When   cleaning always remove surface dust with a soft cloth. If the leather is soiled, use a damp cloth then wipe immediately with a dry soft cloth.

 

             8.12.1.10 Recliners may require some use, before the actions will move freely. Some gaps between moving parts are to be expected to allow free movement

             8.12.2 Cabinet

 

            8.13.2.1 Always follow the manufacturer's cleaning instructions and   only use products recommended by them.

 

            8.13.2.2 Do not use detergents, silicone or spray polishes, they   may leave a residue on the surface affecting the   appearance,

 

            8.13.2.3 Wooden products change colour with exposure to natural   and electric light, Leave dining tables fully extended if   possible to avoid vast colour differences.

 

            8.13.2.4 Do not rock backwards or stand on dining chairs,

 

            8.13.2.5 We recommend you use good quality table covers /mats to protect your cabinet furniture against water, heat and surface damage.

 

            8.13.2.6 When moving furniture lift carefully, dragging will damage fixings and affect stability.

 

            8.13.2.7 General care/maintenance may be periodically required in the form of tightening removal sections of your cabinet furniture i.e. Bolts on Table legs, door hinges etc. to ensure units are levelled to avoid doors catching or movement caused by daily use.

 

           8.14.3 Beds

 

           8.14.3.1 Always follow the manufacturer's cleaning instructions and   only use products recommended by them.

 

           8.14.3.2 Avoid sitting on the edge of the bed for long periods as   this can damage the spring systems.

 

           8.14.3.3 Avoid standing or jumping on your mattress as this can   cause the mattress to collapse.

 

           8.14.3.4 Unless otherwise stated, turn your mattress every fortnight for the first six months, and then turn every four weeks.

 

          8.14.3.5 The average life span of a pillow can be extended by regular plumping; this will also help to maintain the pillows comfort.

 

          8.14.3.6. All mattresses are prone to settlement which is deemed a natural characteristic ; this will not affect its performance

          8.15    As a retailer we pride ourselves on continually striving to resolve issues for our customers. Unfortunately, this is not always possible and to ensure that our customers are always treated in a fair and just manner we are part of the Alternative                               Dispute Resolution Ombudsman. Should you have any issue relating to how we are dealing with your complaint you are able to contact the ombudsman directly. They will review our actions and advise if our proposal is within their guidelines.


9. DELIVERY

9.1         We will aim to deliver your Products within the time-frame referred to on the Order Confirmation. All delivery times quoted at the time of order are estimated and so cannot be guaranteed

                9.1.1       For Products that are already manufactured and available for delivery (such as showroom and warehouse stock), we will aim to deliver the Products within 30 days of the Order Confirmation.

 

                9.1.2      For Products that require manufacture after your order is placed, or which form part of a container shipment from foreign distributors, our estimated delivery times will vary between 4 and 16 weeks.

 

 

9.2           Any customers who wish to order Products for delivery to an address outside our normal delivery areas (as outlined at clause 9.3)  should contact our Web Sales team on 0121 250 5058 or at Webenquires@cookesfurniture.co.uk .Should you wish to change the delivery address from the address given in the Order and confirmed by us in the Order Confirmation then you must have notified us and have obtained our agreement in writing to any change in delivery address prior to any delivery taking place.

 

 

               9.2.1      Our delivery charges vary depending on the distance of your delivery address from our nearest distribution centre and the means of delivery used (such as courier or by our internal delivery team). Delivery options and costs will be calculated as part of the order process, and your available options will be made clear before you place an order.

 

9.3         Goods will be delivered to Mainland Britain and Northern Ireland Only.


Zone 1 £39 B, BH, CV, DY,WS,WV,
Zone 2 £49 DE,DT,GL,GU,HR,LE,NG,NN,OX,PO,RG,SN,SP,ST,TF,WR
Zone 3 £59 Everywhere else except areas defined in Zone 4
Zone 4 Please contact Web Team on 0121 250 5058 or email on Webenquiries@cookesfurniture.co.uk HS,IV16-28,IV40-63,KA27-28,KW,PA20-78,PH15-50,ZE,The Isle of man ,The Scilly Isles and The Channel Isles .
We are able to offer a removal service of existing furniture at a charge of £49.00 (excluding areas in Zone 4 )

9.4         If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. This will result in a re-delivery of your Products and a further delivery charge will be levied.

 

               9.4.1 If we or one of our delivery partners attempts to deliver an order to your address and finds there's no-one available to receive it, we reserve the right to take a photograph of the outside of the property to assure you we were in the right geographical location to fulfill your order, and confirm we had located the correct address. No such photograph will be published or circulated, or used for any other purpose  than verification of our attempted delivery, and will be held securely and in compliance with Data Protection legislation

 

9.5         For larger items, which require you to be at home to accept delivery, we will contact you by email or by telephone to arrange a delivery date. Although we cannot specify exact delivery times, we will endeavour to reach a suitable delivery slot to suit your availability

 

9.6         Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 16 for our responsibilities when this happens.

 

9.7         Where a delivery is delayed due to circumstances beyond our control, we cannot offer any financial compensation. We recommend that you do not dispose of your existing furniture until the day of delivery.

 

9.8     It is your responsibility to ensure that the Products you order will fit into your home and that access is sufficient to execute delivery. Any structural alterations to your property such as the removal of windows, doorframes, or the hire of special equipment or labour to gain access for delivery will be the responsibility of the customer.

 

              9.8.1   If you or a nominated adult are not available or the access is not clear and free of any obstruction, then we will not deliver your Products. This will result in a re-delivery of your Products and a further delivery charge will be levied.

9.9     You must ensure that you or a nominated adult with (if we so request in order to prevent fraudulent activity) appropriate ID (driving licence or passport) are available on the day and the point of delivery to sign for the Products.

 

9.10     Special arrangements with assembly, movements or fittings of Products, or the removal of old furniture from your property, will be subject to an additional charge, details of which will be made clear at the point of order. 

 

9.11      If we miss our estimated delivery deadline for any Products then you may cancel your order straight away if any of the following apply:

 

              9.11.1    we have refused to deliver the Products, without a good reason;

 

               9.11.2    delivery within the delivery deadline was essential (taking into account all the relevant circumstances);

 

              9.11.3    You advised us at the time of placing your order that delivery within the delivery deadline was essential.

 

9.12     If you do not wish to cancel your order straight away, or do not have the right to do so under clause 9.11, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

 

9.13     If you do choose to cancel your order for late delivery under clause 9.11 or clause 9.12 you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery


10. TITLE & RISK

10.1      Ownership of the Products will only pass to you when we receive payment in full of all sums due for the Products, including delivery charges

 

10.2      All Products must be signed for on receipt.

 

10.3      Delivery of an Order shall be completed when we deliver the Products to the address provided on your Order Confirmation and the Products will be your responsibility from that time.


11. PRICE OF PRODUCT AND DELIVERY CHARGES

11.1      The prices of the Products will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 11.5 for what happens if we discover an error in the price of Product(s) you ordered.

 

11.2         Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

 

11.3        The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

 

11.4      The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the order process.

11.5      Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

             11.5.1     Where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and

 

              11.5.2    If the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.


12. HOW TO PAY

12.1      You can pay for Products on-line using a debit card or credit card. If you wish to pay by an alternative method  then please contact our Web Sales team on 0121 250 5058 or Webenquires@cookes furniture.co.uk

12.2      Payment for Products (including VAT and all applicable delivery charges), must be made in advance. If you have chosen to pay by debit of credit card we will process the payment for your order by way of the credit or debit card details you provided as part of the on-line checkout process.

 

12.3      If your payment cannot be processed for any reason we will contact you regarding alternative payment methods.

 

             12.3.1    In circumstances where finance credit approval is ‘deferred’ your Products will not be delivered until approval is given by our credit provider. We will advise our finance providers to activate your account from the date of agreed delivery or date of purchase dependent upon the finance product taken. (Please note purchasing via a finance agreement may extend the lead time of the product by up to 14 days).

12.4      We reserve the right to levy a 3% charge, per calendar month, on all payments which are overdue.


13. MANUFACTURER GUARANTEES

13.1      Some of the Products we may sell come with a manufacturer's guarantee, which will be provided with the Product. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.

 

13.2      If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.


14. OUR WARRANTY FOR THE PRODUCTS

14.1      The Product you order may come with the option of a warranty for an additional fee. If a warranty is available on a particular Product, this will be made clear during the order process, together with the relevant fee. If you are interested to know more about the warranties we offer please visit our web site [ADD LINK] or alternatively please contact our Web Sales team on 0121 250 5058

 

14.2      Any warranty you may order will not apply to any defect in the Products arising from:

(a)          fair wear and tear;

(b)          wilful damage, abnormal storage , working conditions ,negligence by you or by any third party;

 

(c)           if you fail to operate or use the Products in accordance with the user instructions;

 

(d)          any alteration or repair by you or by a third party who is not one of our authorised repairers; or

 

(e)          Any specification provided by you.

 

14.3      If you are a consumer, any warranty purchased would be in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.


15. OUR LIABILITY

15.1      If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

15.2      We do not in any way exclude or limit our liability for:

 

              15.2.1 death or personal injury caused by our negligence;

 

              15.2.2 fraud or fraudulent misrepresentation;

 

              15.2.3 any breach of the terms implied by section 12 of the Sale of   Goods Act 1979 (title and quiet possession);

 

              15.2.4 any breach of the terms implied by section 13 to 15 of the Sale   of Goods Act 1979 (description, satisfactory quality, fitness for   purpose and samples); and

 

             15.2.5 Defective products under the Consumer Protection Act 1987.

 

15.3      We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

 

             15.3.1  any loss of profits, sales, business, or revenue;

 

             15.3.2 loss or corruption of data, information or software;

 

             15.3.3 loss of business opportunity;

 

             15.3.4 loss of anticipated savings; or

 

             15.3.5 Loss of goodwill.


16. EVENTS OUTSIDE OUR CONTROL

16.1      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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2. 

 

16.2      An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

 

16.3      If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

 

             (a)        we will contact you as soon as reasonably possible to notify you; and

             (b)        Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

 

16.4      You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. The easiest way to do this is to complete the cancellation form on our website at [ADD LINK] [A link to the website cancellation form will also be included in our Order Confirmation.] If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.


17. COMMUNICATIONS

 17.1      When we refer, in these Terms, to "in writing", this will include e-mail

 

 17.2      You may contact us as described in clause 8.4


18. OTHER IMPORTANT TERMS

18.1      We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

 

 

18.2      You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 14 to the recipient of the gift without needing to ask our consent. 

 

 

18.3      This contract is between you and us. No other person shall have any rights to enforce any of its terms [However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 14, but we and you will not need their consent to cancel or make any changes to these Terms.]

 

 

18.4      Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

 

18.5      If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

 

18.6      Please note that these Terms are governed by English law. This means a contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.


Terms and Conditions – Cookes Platinum Loyalty Card

 

General

Cookes loyalty scheme is promoted and operated by Cookes Furniture Ltd, who are solely responsible for the loyalty scheme.

 

The platinum card is available to all persons who submit a completed application form.  Membership of the scheme is entirely at Cookes discretion and we reserve the right to refuse any applications or withdraw a card.

 

Your data will not be passed onto any third party.  Your personal data will be used to administer the card, provide you with benefits and to keep you updated including post, email and text message.  You will not be able to opt out of receiving email updates unless you terminate your card membership.

 

Cardholders must be at least 18 years of age.

 

Using the card is acceptance of the Cookes Platinum Card terms and conditions.

 

Cardholders can leave the scheme at anytime by contacting a store and informing a member of the team.

 

Points will be applied to your card within 7 working days.

 

1,000 points with sign up

 

No purchase necessary to receive 1000 points with sign up.

 

Every £1 spend equals 1 point rewarded

 

Card holders will earn one point for each £1 spent on purchases within Cookes Furniture Birmingham/Christchurch stores.

To redeem your points, the value will be 1 point = 1p.

For example a £1500 purchase will earn you 1500 points, which will equate to £15.

 

Points can be used against purchases in-store at Cookes Birmingham/Christchurch showrooms.  Points can be spent on Cookes Home Comforts Accessories.  Excludes spending on in-store franchises, Hulsta, Hammonds, Premier carpets and Edwards Café Bar.

 

No points will be earned on balance transfers, or any items we decide not to include in the scheme at our discretion.

 

From time to time bonus points for specific promotions will be offered.

 

Points cannot be exchanged for cash.

 

Points cannot be transferred to another person or card.

 

Platinum card must be presented at time of purchase to gain points.

 

 

Exclusive events for Cardholders

 

Notification about exclusive events will be sent via email, text message or direct mail.

 

Presentation of the card is not necessary to gain entry into the event.

 

A free filter coffee or tea

 

Limited to a maximum of two free filter coffee or tea per card holder per day.

 

Available to all Platinum card holders on presentation of the card in-store.

 

Subject to availability; no purchase necessary.

 

At the overall discretion of the manager.

 

Monthly free prize draws

 

One winner per calendar month.

 

The winner will be notified accordingly.

 

Each winner may be required to participate in reasonable press/PR related to the prize draw.

 

10% off Edwards Café Bar

 

Within the Birmingham store only.

 

Not to be used in conjunction with any other offer.

 

Platinum card must be presented at time of purchase.

 

No minimum spend.