Terms & Conditions
These terms and conditions regulate the business relationship between you and us. By using Our Website in
any
way, or by buying from us, you agree to be bound by them. No person under the age of 18 years may
purchase
Goods. We look forward to seeing you again when you are over 18. We are: EZ LIVING FURNITURE
(company number NI681265)
Our address is: 6b Upper Water Street, Newry, Co Down, BT34 1DJ
You are: a visitor to our Website or our customer
Contents
1. Definitions
Carrier
Any person or business contracted by us to carry Goods from us to you.
Consumer
Any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
Carrier
Any person or business contracted by us to carry Goods from us to you.
Consumer
Any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
2. Interpretation
- A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organization.
- These terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
- Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
- Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
- In this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organization involving that party.
- The headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
- A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
- In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
- These terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
- This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
- EZ Living Furniture (company number NI681265) (we and us) is a company registered in Northern Ireland and our registered office is at 6b Upper Water Street, Newry, Co Down, BT34 1DJ.
- These terms and conditions apply to the order by you and the supply of goods by us to you (the Contract).
- The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty that is not set out in the Contract.
- Any descriptions or illustrations of any goods on our site, or in a store, are published for the sole purpose of giving an approximate idea of the goods shown by them. They will not form part of the Contract or have any contractual force.
- We reserve the right to amend the specification of any goods, if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the goods, and where you have received an order confirmation or acknowledgement, we will notify you in advance of any such event.
- Subject to our right to amend any specification (see above clause 1(d)), we will supply the goods to you in accordance with the specification for the goods provided or in store, at the date of your order in all material respects.
4. Payment
- All Special Order payments are non-refundable. Refunds will be issued where applicable regarding all other goods.
- Payment will be based on the prices displayed on the screen during the online order process as confirmed in your order confirmation.
- All Finance orders must be signed for by the person named on the finance agreement at the point of delivery on receipt of their goods. Unfortunately, due to the requirements of finance providers, there can be NO exceptions to this rule.
5. Delivery
- When ordering your goods, you must ensure that you are able to receive such goods within the timeframes specified below.
- When ordering from our website, you will receive an order acknowledgement when you have selected the goods that you wish to purchase, and you will then receive a separate order confirmation (at our discretion) at the point on which delivery or collection is confirmed, and payment is made.
- In-stock goods must be delivered within a maximum of 4 weeks from the purchase date.
- Floor models and discontinued goods must be delivered within a maximum of 2 weeks from the purchase date.
- Specials Orders and inbound goods must be delivered within 2 weeks of notification of arrival.
- Lead times on Special Orders and inbound goods are estimated and are not guaranteed, and failure to deliver the goods by such dates will not give you the right to terminate the Contract. EZ Living Furniture cannot accept liability for manufacturer, shipping, customs, or other third-party delays but will take all reasonable efforts to meet with estimated delivery times.
- A 5% storage charge per item per week will be incurred on goods held after our 4 week holding period has elapsed. You will be notified in advance as to when this 4 week holding period will end.
- Any amendment/alteration to an order must be made at least 3 days prior to a delivery date, or we reserve the right to charge a re-delivery charge - please contact Customer Service on 0845 874 7487, or email [email protected] with any queries or complaints.
- Under health and safety guidelines, we will not carry out a delivery if we or any EZ Living Furniture employee considers it unsafe to do so or access is denied, and will notify you to discuss, should this be relevant or appropriate.
- Subject to clause 11, if you require your furniture to be delivered into your house or a specific room, we are happy to do so within reason and at your own risk. Protection of access routes shall be a matter for you. EZ Living Furniture and any EZ Living Furniture employee excludes any liability for any occurrence or damage that might occur to the furniture or property, insofar as is permissible by law.
- Delivery, disposal, storage, collection, and assembly charges may apply, and will be notified to you at the time you place your order. With regard to goods for assembly - the room must be cleared prior to delivery to allow for safe assembly by EZ Living Furniture employees.
- Will It Fit? - Accessibility to the property and measurements of goods is the customers' sole responsibility.
6. Cancellations and Returns
- You may place an order for goods, either using our website, or by visiting a store. Please check your order carefully. You are responsible for ensuring that your order is accurate.
- Special Orders are goods ordered to the customer's specific requirements. There is a strict no return/refund policy on Special Orders. Your deposit will be forfeited on any orders cancelled.
- Discontinued goods are at a reduced price as they are end of line goods that are no longer part of our current stock. There is a strict no return/refund policy on discontinued goods. Your deposit will be forfeited on any orders placed in store which are subsequently cancelled.
- Floor Models may show signs of wear and tear or have minor damage, dents, tears or soiling etc. Please inspect carefully as they are sold as seen and are non-refundable in relation to any accepted damage at the time of purchase. This does not affect your statutory rights. However, it is your responsibility to satisfy yourself that the condition of any floor model is acceptable to you.
- The customer is responsible for covering the cost of returning/collecting any item(s).
7. Online Orders
- Please note that this clause 5 does not apply to Special Orders.
- If you have ordered goods from us via our website, you have 14 days to cancel and receive a refund, starting from the day we send you your order confirmation.
- To cancel the Contract, just let us know by telephone on [email protected] . If you are emailing us or writing to us, please include details of your order to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date on which we acknowledge your cancellation email. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.
- If you cancel the Contract, we will normally refund you in full for the price you paid for the goods (excluding delivery costs), by the method you used for payment. However, we may deduct from any refund an amount to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. 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.
- Where we suspect fraudulent activity, including but not limited to circumstances where there are suspicious claims relating to orders having been placed, but not received, or if we suspect that you are returning items after they have been used, or items returned do not match what you ordered, we reserve the right to withhold refunds and refuse any future orders. If this happens to you and you think we’ve made a mistake, you can contact us, and we will discuss the matter with you further.
8. Collections
- All collections must be paid in full at time of purchase and original invoice must be presented at collection point and stamped. All such goods must be collected within a maximum of 2 weeks. Goods not collected within 2 weeks of their collection date will incur a 5% storage charge per item per week.
- EZ Living Furniture or any EZ Living Furniture employee accepts no responsibility or liability for any damages that may occur in circumstances where we offer assistance in loading goods into customer vehicles, except where it is not permissible to do so by law.
- Goods must be inspected at point of collection and signing off is acceptance of the goods.
9. Damaged and Faulty Goods
10. Colour Variation
- Whilst every reasonable effort will be made to ensure colour matches, fabric and leather may vary due to dye lot variations. Leather and wood goods will by their nature be subject to grain variations. All removable covers of a matching suite must be cleaned at the same time in order to avoid colour variations. EZ Living Furniture will not be responsible for colour variations in the event that matching goods are not purchased together.
- EZ Living Furniture cannot guarantee continuity of supply of items purchased, and if we are unable to supply you with the goods for any reason, we will inform you of this by email, and we will not process your order. If you have already paid for the goods (either in full or by making a deposit), we will refund you the full amount.
11. Warranties
- EZ Living Furniture offers a standard 1-year manufacturer’s guarantee. Selected sofas also offer a free 5 or 10-year structural guarantee - this covers the wooden frame of the sofa only. Mattress warranties vary between 1, 5 or 10 years depending on the brand of mattress you purchase. Damage which results from wear and tear, accident or misuse will not be covered under the manufacturer’s guarantee. Please get in contact with our Customer Care team on 0845 874 7487, if you would like any more information.
- The warranty does not in any way deprive you of your statutory rights under consumer law.
12. Ownership
- The goods remain the sole property of EZ Living Furniture until payment has been received at which time the title passes to you. You will be responsible for the care of the good(s) once you have received delivery of them.
13. General
- When consented to by the customer, customer data will be retained for so long as is required for the legitimate purpose the customer data was collected) by the EZ Living Furniture Marketing Department and will be added to our database to be used for marketing purposes (including mailing lists and text messaging). We may also pass this customer data we collect to other companies within our group for administrative purposes. We may also use third parties to carry out some of these roles and other activities. We always include an "opt-out” option in any marketing communications so you can “opt-out" of receiving such communications at any time. EZ Living Furniture will always ensure that appropriate safeguards are in place to protect customer data, and that it complies with applicable data protection laws at all times.
- These terms are governed by Northern Irish law.
- Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider.
- Further to clauses 3(i) and 5(b) herein:
- we are only responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods.
- we are not liable for business losses. We only supply the goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. Complaints
- Online contact form: www.ezlivingfurniture.co.uk/contact-us
- By telephone: 08458747487
- by email: [email protected]
Terms of Use:
Your use of Our Website is subject to these Terms of Use.
- Other terms that may apply to you.
- We may make changes to these Terms of Use.
- We may suspend or withdraw Our Website.
- Security of your credit card.
- Your account with us.
- Restrictions on what you may upload or post to Our Website.
- be malicious or defamatory;
- consist of commercial audio, video or music files;
- be illegal, obscene, offensive, threatening or violent;
- be sexually explicit or pornographic;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
- solicit passwords or personal information from anyone;
- be used to sell any goods or services or for any other commercial use;
- include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
- link to any of the material specified above, in this clause; or
- send age-inappropriate communications or content to anyone under the age of 18.
- Your posting: restricted content.
- Removal of offensive content.
- Security of Our Website.
- Indemnity.
- Intellectual property.
- Dispute resolution.
- Disclaimers.
- General.
These Terms of Use refer to the following additional terms, which also apply to your use of Our Website: Our Privacy Policy.
We may update and change Our Website from time to time to reflect changes to the goods, our users' needs, and our business priorities. We will try to give you reasonable notice of any major changes.
Our Website is made available free of charge.
We do not guarantee that Our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access Our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
We take care to make Our Website safe for you to use.
Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment. These service providers are Stripe and PayPal.
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with our products.
If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
You agree to accept responsibility for all activities that occur under your account or password. You should notify us immediately by contacting us on 0845 874 7487, or emailing [email protected], if you believe some person has accessed your account without your authority. In this scenario, you should also log in to your account and change your password.
Whenever you make use of a feature that allows you to upload or post content to Our Website, or to make contact with other users of Our Website, you must comply with the content standards set out in these Terms of Use.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
You agree that you will not use or allow anyone else to use Our Website to upload or post content which is or may:
Our Privacy Policy complies fully with current law.
If you upload or post content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it. Any content you upload or post to Our Website will be considered non-confidential and non-proprietary.
Even if access to your text is behind a user registration it remains effectively in the public domain because someone can register and log in to access it. You should, therefore, avoid posting unnecessary confidential information.
We need the freedom to be able to publicise our goods and services and your own use of them. You therefore now irrevocably grant us the right and license to edit, copy, publish, distribute, translate and otherwise use any content that you place on Our Website, in public domains, and in any medium. You represent and warrant that you are authorised to grant all such rights.
We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
You now irrevocably authorise us to publish feedback, comments, and ratings about your activity through Our Website, even though it may be defamatory or critical.
Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any content having been uploaded or posted by you. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
You accept all risk and responsibility for determining whether any content is in the public domain and not confidential.
Please notify us at [email protected] of any security breach or unauthorised use of your account.
If you send us material regarding ideas for improvement of our service of any sort, you are deemed to have granted us a licence to use it in the terms set out in clause 8(e) above.
For the avoidance of doubt, this clause is addressed to any person who comes on Our Website for any purpose.
We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police internet-related activities. However, we may do so without notice to you and without giving you a reason.
If you are offended by any content, the following procedure applies:
Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
We shall remove the offending content as soon as we are reasonably able.
After we receive notice of a claim or complaint, we shall investigate so far as we alone decide.
We may re-instate the content about which you have complained or not.
In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a license to publish the complaint and all ensuing correspondence and communication, without limit.
You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees if any.
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
misuse Our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;
link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
download any part of Our Website, without our express written consent;
collect or use any product listings, descriptions, or prices;
collect or use any information obtained from or about Our Website or the content except as intended by these Terms of Use;
aggregate, copy or duplicate in any manner any of the content or information available from Our Website, other than as permitted by these Terms of Use or as is reasonably necessary for your use of Our Website; or
share with a third party any login credentials to Our Website;
Despite the above terms, we now grant a license to you to create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this only if you have our express written consent. This license is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
You may not copy the text of any page for your personal use in connection with the purpose of Our Website without our express written consent.
We do not guarantee that Our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access Our Website. You should use your own virus protection software.
You agree to indemnify us against all costs, claims, and expense arising directly or indirectly from:
your failure to comply with the law of any country;
your breach of these Terms of Use;
any act, neglect or default by any agent, employee, licensee or customer of yours; or
a breach of the intellectual property rights of any person.
We will defend the intellectual property rights in connection with Our Website, including copyright in the content whether provided by us or by any other content provider (including copyright in the text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part.
You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.
Subject to the other terms of these Terms of Use, you may download or copy content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any content.
In this clause, the term “ADR Provider” means an approved body under the European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015. The following terms apply in the event of a dispute between the parties:
If you are not happy with our services or have any complaint, then you must tell us by email message to [email protected].
If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with the other in a process of mediation or arbitration.
We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at http://ec.europa.eu/consumers/odr.
This clause applies so far as the applicable law allows.
You are advised that content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
We give no warranty and make no representation, express or implied, as to:
the truth of any content on Our Website; or
non-infringement of any right.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
When we communicate with you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
If any term or provision of these Terms and Conditions is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these Terms and Conditions.
The rights and obligations of the parties set out in these Terms and Conditions shall pass to any permitted successor in title.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting; or
if sent by e-mail to the address from which the receiving party has last sent an e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
Neither party shall be liable for any failure or delay in performance of these Terms and Conditions which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. In the event of any conflict between any term of these Terms and Conditions and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then these Terms and Conditions shall prevail.
The validity, construction, and performance of these Terms of Use shall be governed by the laws of Northern Ireland.