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Jones & Tomlin - Online Store Terms and Conditions

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The following terms and conditions apply only to orders placed via the Jones & Tomlin website or telephone orders placed with the online sales team on 01903 228911.

1- OUR INFORMATION

Registered Office:
Jones and Tomlin
69 Chapel Road
Worthing
West Sussex
BN11 1HR

Company Registration Number: 00561440
Registered Office: Quest Duthoit, 19 Farncombe Road, Worthing, West Sussex
V.A.T. Registration Number: 192865816

 

2- TERMS OF USE

You are provided with access to this Website in accordance with these conditions and any orders placed by you must be placed strictly in accordance with these conditions.

By using our site, you indicate that you accept these terms and conditions and terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

We reserve the right to: 

Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website “www.jonesandtomlin.co.uk” (our site). Please read these terms of use carefully before you start to use the site.

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.


3- TITLE AND RISK

By placing an order through our site, you warrant that:

(a) you are legally capable of entering into binding contracts; (b) you are at least 18 years old; (c) you are a resident in the UK; and (d) you are accessing our site from the UK

We will retain legal ownership of the Goods until the later of (i) delivery of the Goods, and (ii) our receipt of your payment in full in cleared funds. The goods will be at your risk from the point of delivery (please refer to point 7 below) – this means that you will be responsible for any damage caused to the Goods for whatever reason after this point in time.

The Buyer must take all reasonable care of the Goods. Should the Goods be returned to Jones and Tomlin having been damaged while in the Buyer's care, the cost of such damage will be recovered from the Buyer.

The customer is entirely responsible for entering his/her details correctly during the order process, and must ensure that all details supplied are true and accurate - any delays with contact and delivery due to incorrect information are not our responsibility and we will not be held responsible.

Please do not order any products if you are not in the UK, as we may have to refund the order, less an admin fee - normally £25.00 - please contact us to get a delivery quote before ordering.


4- OUR LIABILITY

We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

This does not include or limit in any way our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are 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 us, including but not limited to:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings

- loss of data
- loss of goods e.g. old bed or bed frame being removed / disposed of
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that this clause shall not prevent claims for loss of or damage to your tangible property that fall within the terms of this clause.


5- CONTRACT CREATION

You place the order for your products on the website by pressing the place order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the website.

We will automatically send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Jones and Tomlin.

Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with our cancellation policy.

If you are contracting as a consumer, you may cancel a contract at any time within 14 days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds and returns policy. The exception to this is if you have ordered a “bespoke” product, which is any item whose colour, shape or dimension has been specially altered from how it is represented on this site in its standard format in order to meet a Customer’s particular individual requirements, or any product that has not been taken from stock / ordered from our suppliers.

To cancel a Contract, you must inform us in writing or by email. In addition, the products must be in the same condition in which you received them which means, for the avoidance of doubt and without limitation, that the product (and cover if applicable) must be in perfect condition and undamaged in any way, and the protective packaging must still be unopened on any mattress supplied to you. You have a legal obligation to take care of the Products while they are in your possession.

We do not pass on email addresses to any third parties, only telephone numbers will be used when you are contacted by our dedicated courier partners to arrange deliveries, please let us know if you would like to be contacted by email only.


6- DESCRIPTION OF GOODS & PRICES

We will take all reasonable care to ensure that all details, descriptions and prices of all products appearing on our website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the site as up to date as possible, the information including item descriptions appearing on this site at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is fully accepted.

All sizes quoted are approximate and may vary slightly from different manufacturers. Pocket sprung mattresses have a tolerace of 2/3cm in size from the stated length and width due to their handmade nature. The illustrations of colours and covers are representative only. We make every effort to ensure that colours are as close as possible to the actual colours however there may be slight variations due to the nature of the medium. The limitations of colour reproduction and the individual colour settings of your screen may mean a slight variation. If a Product is available with a choice of fabrics or finishes (i.e. bed frame stain or divan base fabric) and you do not select one, we will select a popular neutral fabric for you.

Our best price promise can be envoked to match any "like for like" offer from any genuine retailer / stockist. We can match the price of any offer that can be viewed online, or sent to us in an email. The competitor’s product must be brand new, identical to ours, and offered on the same terms. We and the competitor must have stock ready for delivery. We must be able to verify the competitor’s price and stock position. We’ll match the price of a product; plus any delivery charges or other services. Our best price promise cannot be used with any other offer.

Goods are supplied on the understanding that there may be slight variances in colour, finish, shade and grain particularly, but not exclusively, on wood or metal products. Wood materials may have minor technical differences and their appearance may differ slightly from the goods shown. Any changes will be of an equal or higher standard to those displayed.

If you are buying a mattress only then at the very least, make sure you try mattresses on a similar type of base. The two are designed to work together and a change of base will affect the feel and performance of the mattress and could invalidate your guarantee if you are (for example) put a new mattress onto an old sprung base that is not supportive anymore.  If you are buying a mattresses to go onto a bed frame, the gap between the slats should be no more than 6cm, as this can create damage to pocket sprung mattresses.

The information, services and products provided on and throughout this site are subject to change without notice. In the event of a genuine website error or inaccuracy we reserve the right to withdraw an offer immediately.  We also reserve the right to cancel all confirmed orders that are subject to genuine website error or inaccuracy. All products offered are subject to availability.

Our products are intended solely for domestic use in the UK and we give no guarantees or undertakings in respect of the use of our products for commercial purposes. We are in no way responsible for any non-domestic or commercial use of our products and by agreeing to these terms and conditions, you agree that you will use the Products exclusively for domestic purposes.

All prices listed include VAT (Value Added Tax) at the UK standard rate of 20%. Due to circumstances beyond our control prices may have to be increased or decreased including any alterations to VAT. The correct price you will pay will be on your printed order confirmation.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

Payment for all Products may be made by personal cheque (which must be received and cleared before delivery), credit or debit card. We accept payment by Visa, Mastercard, Delta/Connect and Maestro.

 Products cannot be delivered or disptached to our couriers until full payment has been received.  We reserve the right to withhold your delivery until the account has been settled.

7- DELIVERY & ACCESS

When placing an order through our website you must provide us with a mobile telephone number so that our delivery partners can advise you of your delivery date via their text mesaging service.  If you do not have a mobile telephone then please let us know so that we can make alternative arrangements with your delivery.

IF YOU HAVE NOT CHECKED YOUR ORDER THOROUGHLY FOR ANY DEFECTS OR DAMAGE WHEN YOU ARE RECEIVING YOUR DELIVERY, OR ANY DAMAGE TO YOUR PRODUCT OR PROPERTY HAS BEEN MADE BY THE COURIER THEN YOU MUST SIGN FOR YOUR GOODS AS "NOT CHECKED" OR MARK AS "DAMAGED" - FAILURE TO DO MAY RESULT IN ANY CLAIM FOR DAMAGE AGAINST US OR OUR COURIERS TO BE REJECTED.

We reserve the right to charge you an additional £50.00 if you miss your booked delivery, this must be paid before the delivery is re-arranged with ourselves or our delivery partners.

Your items will be delivered to your room of choice and left in the packaging ready for full self assembly. Unpacking / assembly of the items is normally chargeable and must be requested at point of sale.

We will not be held responsible for non-performance or part performance, or any loss or damage to goods which have been delivered to a delivery address in respect of which a delivery note which has been signed for by or on behalf of the Consignee unless such signed delivery note details damage and / or discrepancy to such goods.

Unless otherwise stated when we contact you, deliveries via our courier service will be between 9am and 6pm on a week day only and goods are only delivered to the property threshold by a one man service, it is your responsibility to be at home between these times as we reserve the right to charge up to £50 for re-delivery.

"Delivery" means the delivery of the goods to the delivery address specified on the order and will only be placed in the room of your choice if this has been agreed in advance. We will give you an estimated date (except in the case of Special Orders) which will be arranged by ourselves or the relevant manufacturer if a direct home delivery item. If for any reason the working day deadline cannot be met you will be kept informed and offered a choice of either continuing with the extended delivery time or cancellation with a full refund. Exceptions to this would be during holiday periods e.g. Christmas, Easter, or unforeseen circumstances such as acts of god, strikes or delays by suppliers.

Time of delivery is not of the essence in these terms and conditions. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any reasonable delay or delay due to unforeseen circumstances outside our reasonable control. It is your responsibility to inform us of any issues with delivery times, if you can only receive delivery on particular days, you must inform us of this well in advance of the delivery, or before you place the order so that we can accomodate, if you fail to inform us then your delivery time may be extended so that we can organise alternate arrangements. You do not reserve the right to cancel your order if you do not give us reasonable time to deliver your goods - e.g. within 10 working days of your order arriving into our warehouse.

Either we or our nominated delivery partner will deliver your Products to any UK mainland address (excluding Northern Ireland). The charges will vary, and will not be stated on your order, we will need to contact you to take the delivery charge after you have made your purchase. We reserve the right to require proof of identification from you when making a delivery to you. If you provide us with incorrect delivery details then we can not be held responsible for goods being sent to the incorrect address, you will be held liable for providing incorrect information and not making us aware of the error on your sales order acknowledgement.

It is completely the responsibility of the customer to ensure that any products that are to be returned (damaged or not) and put back into their packaging (original if possible) and made available for collection in a good condition. We reserve the right to refuse to return or collect an item if you have not dismantled or re-packaged it to it's original condition. i.e. if we deliver a bed frame to you flat packed (in boxes), we need to collect it in the exact same condition. Any items that arrive damaged or incorrect will not be collected until the replacement goods have arrived and are delivered to your address, or our couriers are available to collect them should the order be cancelled. It is the reponsibility of the Buyer to store any incorrect or damaged items until the new items are delivered, and also to have any self assembly items ready and boxed for collection when our drivers (or couriers) arrive to collect the item - a £25 or £50 charge will be issued to collect any items before or after they are due.  VI-Spring pledge exchanges are charged at £75.00 as this is the cost of delivery and collection via our delivery team - mattresses / beds will only be exchanged if you have visited our store and been advised by our experts.

For deliveries made by us to addresses in mainland UK, our delivery team will exercise every caution and extend every courtesy during delivery and assembly. We cannot be held liable for any accidental damage to your property or person, however caused, and only enter your premises under these conditions.

International orders - for deliveries of beds or mattresses to any non-mainland UK address, our delivery charges are for delivering to the nearest mainland port. It will be your responsibility to arrange transport thereon. For deliveries of beds or mattresses to any address in a European Union member state (other than mainland UK), we do not offer a free delivery service. We will contact you to notify you when your products are available for collection from either our or our delivery partner’s depot and we will inform you of when you will be able to collect your products from the depot. The transportation of your products from the depot to your address will be your sole responsibility and at your sole cost. If requested, we will be happy to recommend third party providers of delivery services to you.

If we deliver to an address outside of the UK, you will not receive a guarantee of warantee with your Product bought from Jones & Tomlin.  Guarantees and warantees are only valid if the goods remain in the UK.  If you have purchased a Product that we have delivered to another country, it is the Buyers responsibility to organise / pay for delivery back to the UK, and to arrange delivery back to the address where it was originally delivered - we will not cover any delivery costs to replace or repair a Product (faulty or non-faulty).

Delivery is generally carried out by two experienced delivery drivers for large and multiple item orders, they will also deliver your new goods to a room of your choice. We also reserve the right to use a one man service to the property threshold only for single and smaller item deliveries (eg bed frame only, linen, headboards, etc).

In the event that you miss a courier delivery, a card will be left with contact details to re-arrange delivery / collection for a convenient day (we reserve the right to charge for re-deliveries to recoup our delivery costs).

Dates and times that we have organised and communicated to you in advance will be taken as “agreed” by you unless you otherwise advise our Home Delivery Team at least 24 hours before the allocated time of delivery.

You are responsible for checking the condition of the Products delivered and must highlight any issues upon receipt with the delivery carrier. Any defects reported several days after delivery will not be actioned.

If applicable, our mattress removal service is only available in mainland UK. Providing the service has been booked and paid for in advance, the delivery carrier will only take the bed away if it has been disassembled by the customer beforehand, and if the mattress is in a reasonably hygienic state.

We will place the goods in the room of your choice at the delivery address, provided that the room is clear; and the route from the delivery vehicle to the room is also clear - please ensure that you lay down dust sheets or plastic covers to protect your carpet (or similiar) if you are receiving a two man "room of choice" delivery. Our one man delivery service is to the property threshold only.

It is your responsibility to ensure that the Goods will fit into the intended room and that they will pass through all doorways, stairs, gates, alleyways and any other physical features between the delivery vehicle and the room, without specialist lifting equipment.

Where access is not possible when we attempt to deliver, alternative arrangements will be considered at your expense.

For the purposes of this contract, the term “clear” will include being free from any property which may be damaged when making the delivery. It is your responsibility to ensure that any pictures, ornaments or anything else that could get damaged are removed from the pathway up to your room of choice. We will not be held responsible for damage or loss of any items that have not been removed by the customer when the goods are being carried through your property.

It is your responsibility to inform us, prior to delivery of all issues which may affect the delivery and to overcome those issues. 

Cancellations can not be accepted on the grounds that the goods will not fit into the location or access to the location is not possible. At our discretion we may offer alternative goods of an equal or higher value, but in the case of higher value goods you will be required to pay the difference in value before delivery.

We may ask for images to be provided to substantiate any claims for damage by ourselves or our couriers. If you cannot take a picture then we will not be able to accept any claim against us for loss or damage.

 

8- FRAUD PROTECTION

Jones and Tomlin retain the right to investigate any order placed on this website that it suspects to be fraudulent, any such order will not be delivered until it is proven that that the order is bona fide. Should Jones & Tomlin Ltd be unable to prove that an order is bona fide or to contact the Buyer then the monies will be refunded to the original card used to place the order and the order will be cancelled.

For your protection, to ensure that your credit, debit or charge card is not being used fraudulently, we will validate your name, address and other personal information supplied by you during the order process against appropriate third party databases.  By accepting these terms and conditions you consent to such checks being made.  In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information.  Please be assured that this is only done to confirm your identity.  A credit check is not performed and your credit rating will be unaffected.  All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

 

9- GUARANTEES & WARANTEES

All goods carry a standard 12 month guarantee against faulty workmanship. Please refer to the care leaflet contained in the packaging of all of our products for further details. Warantees will differ between different manufacturers, please email us for particulars or CLICK HERE.

 

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