BACKGROUND:
This agreement applies as between you, the User of this Web Site and Furnishare.com, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Policy the following terms shall have the following
meanings:
2. Age Restrictions
Persons under the age of 18 should use this Web Site only with the
supervision of an Adult. Payment Information must be provided by
or with the permission of an Adult.
3. Business Customers
These Terms and Conditions do not apply to customers procuring
Services in the course of business.
Intellectual Property
3.1 Subject to the exceptions in Clause 5 of these Terms and
Conditions, all Content included on the Web Site, unless
uploaded by Users, including, but not limited to, text,
graphics, logos, icons, images, sound clips, video clips, data
compilations, page layout, underlying code and software is
the property of Furnishare.com, our affiliates or other
relevant third parties. By continuing to use the Web Site you
acknowledge that such material is protected by applicable
United Kingdom and International intellectual property and
other laws.
3.2 Subject to Clause 6 you may not reproduce, copy, distribute,
store or in any other fashion re-use material from the Web
Site unless otherwise indicated on the Web Site or unless
given express written permission to do so by Furnishare.com.
4. Third Party Intellectual Property
4.1 Unless otherwise expressly indicated, all Intellectual Property
rights including, but not limited to, Copyright and
Trademarks, in product images and descriptions belong to
the manufacturers or distributors of such products as may be
applicable.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute,
store or in any other fashion re-use such material unless
otherwise indicated on the Web Site or unless given express
written permission to do so by the relevant manufacturer or
supplier.
5. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written
permission where any of the exceptions detailed in Chapter
III of the Copyright Designs and Patents Act 1988 apply.
6. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly
stated, these sites are not under the control of Furnishare.com or
that of our affiliates. We assume no responsibility for the content
of such web sites and disclaim liability for any and all forms of loss
or damage arising out of the use of them. The inclusion of a link
to another site on this Web Site does not imply any endorsement
of the sites themselves or of those in control of them.
7. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may
do so only to the home page of the site Furnishare.com without
prior permission. Deep linking (i.e. links to specific pages within
the site) requires the express permission of Furnishare.com. To
find out more please contact us by email at
contact@furnishare.com.
8. Use of Communication Facilities
8.1 When using the enquiry form or any other System on the
Web Site you should do so in accordance with the following
rules:
8.1.1 You must not use obscene or vulgar language;
8.1.2 You must not submit Content that is unlawful or
otherwise objectionable. This includes, but is not
limited to, Content that is abusive, threatening,
harassing, defamatory, ageist, sexist or racist;
8.1.3 You must not submit Content that is intended to
promote or incite violence;
8.1.4 It is advised that submissions are made using the
English language(s) as we may be unable to respond
to enquiries submitted in any other languages;
8.1.5 The means by which you identify yourself must not
violate these terms of use or any applicable laws;
8.1.6 You must not impersonate other people, particularly
employees and representatives of Furnishare.com or
our affiliates; and
8.1.7 You must not use our System for unauthorised
mass-communication such as "spam" or "junk mail".
8.2 You acknowledge that Furnishare.com reserves the right to
monitor any and all communications made to us or using
our System.
9. Accounts
9.1 In order to procure Services on this Web Site and to use the
post an ad or contact seller facilities you are required to
create an Account which will contain certain personal details
and Payment Information which may vary based upon your
use of the Web Site as we may not require payment
information until you wish to make a purchase. By continuing
to use this Web Site you represent and warrant that:
9.1.1 all information you submit is accurate and truthful;
9.1.2 you have permission to submit Payment Information
where permission may be required; and
9.1.3 you will keep this information accurate and
up-to-date.
Your creation of an Account is further affirmation of your
representation and warranty.
9.2 It is recommended that you do not share your Account
details, particularly your username and password.
Furnishare.com accepts no liability for any losses or damages
incurred as a result of your Account details being shared by
you. If you use a shared computer, it is recommended that
you do not save your Account details in your internet
browser.
9.3 If you have reason to believe that your Account details have
been obtained by another without consent, you should
contact Furnishare.com immediately to suspend your Account
and cancel any unauthorised orders or payments that may be
pending. Please be aware that orders or payments can only
be cancelled up until provision of Services has commenced.
In the event that an unauthorised provision commences prior
to your notifying us of the unauthorised nature of the order
or payment, Furnishare.com accepts no liability or
responsibility and you should make contact with the third
party service provider detailed in the Purchase Information
Furnishare.com will suspend provision of Services and the
withdrawal of any scheduled payments pending investigation.
Following investigation, it shall be determined whether or
not to cancel the Services and make a full or partial refund
of the payment].
9.4 When choosing your username you are required to adhere to
the terms set out above in Clause 9. Any failure to do so
could result in the suspension and/or deletion of your
Account.
10. Termination and Cancellation
10.1 Either Furnishare.com or you may terminate your Account.
If Furnishare.com terminates your Account, you will be
notified by email and an explanation for the termination
will be provided. Notwithstanding the foregoing, we reserve
the right to terminate without giving reasons.
10.2 If Furnishare.com terminates your Account, any current or
pending orders or payments on your Account will be
cancelled and provision of Services will not commence.
10.3 Furnishare.com reserves the right to cancel orders or
payments without stating reasons, for any reason prior
to processing payment or commencing Services provision.
10.4 If orders or payments are cancelled for any reason prior to
commencement of Services provision you will be refunded
any monies paid in relation to those purchases.
10.5 If you terminate your Account any non-completed orders or
payments will be cancelled and you will be refunded any
monies paid in relation to those orders.
11. Services, Pricing and Availability
11.1 Whilst every effort has been made to ensure that all
descriptions of Services available from Furnishare.com
correspond to the actual Services, Furnishare.com is not
responsible for any variations from these descriptions.
This does not exclude our liability for mistakes due to
negligence on our part and refers only to variations of the
correct Services, not different Services altogether. Please
refer to sub-Clause 13.4 for incorrect Services.
11.2 Where appropriate, you may be required to select the
required Services.
11.3 Furnishare.com does not represent or warrant that such
Services will be available. Availability indications are not
provided on the Web Site.
11.4 All pricing information on the Web Site is correct at the
time of going online. Furnishare.com reserves the right to
change prices and alter or remove any special offers from
time to time and as necessary.
11.5 In the event that prices are changed during the period
between an order being placed for Services and
Furnishare.com processing that order and taking payment,
[you will be contacted prior to your order being processed
with details of the new price] OR [provision of Services shall
commence as per your order and you will be charged the
original price].
11.6 All prices on the Web Site do not include VAT.
Furnishare.com is not VAT registered.
12. Provision of Services
12.1 Provision of Services shall commence when full payment has
been received or as otherwise detailed in the Terms &
Conditions pertaining directly to those Services.
12.2 Furnishare.com shall use its best endeavours to provide the
Services with reasonable skill and care.
12.3 Provision of all Services shall be subject to the terms and
conditions pertaining directly to those Services.
12.4 In the event that Services are provided that are not in
conformity with your order and thus incorrect, you should
contact us within 10 days to inform us of the mistake.
Furnishare.com will ensure that any necessary corrections
to the Services provided are made within 7 working days.
12.5 Furnishare.com reserves the right to exercise discretion
with respect to any alterations to Services under the
provisions of this Clause 13. Factors which may be taken
into account in the exercise of this discretion include, but
are not limited to:
12.5.1 Any use or enjoyment that you may have already
derived from the Services;
12.5.2 Any characteristics of the Services which may mean
that cessation of provision is impossible without
significant further work on the part and at the
expense of Furnishare.com.
Such discretion to be exercised only within the confines
of the law.
13. Privacy
Use of the Web Site is also governed by our Privacy Policy which
is incorporated into these terms and conditions by this reference.
To view the Privacy Policy, please click on the link above.
14. Disclaimers
14.1 Furnishare.com makes no warranty or representation that
the Web Site will meet your requirements, that it will be of
satisfactory quality, that it will be fit for a particular
purpose, that it will not infringe the rights of third parties,
that it will be compatible with all systems, that it will be
secure and that all information provided will be accurate.
We make no guarantee of any specific results from the use
of our Service or Services.
14.2 No part of this Web Site is intended to constitute advice
and the Content of this Web Site should not be relied upon
when making any decisions or taking any action of any kind.
14.3 No part of this Web Site is intended to constitute a
contractual offer capable of acceptance.
15. Changes to the Service and these Terms and Conditions
Furnishare.com reserves the right to change the Web Site, its
Content or these Terms and Conditions at any time. You will be
bound by any changes to the Terms and Conditions from the
first time you use the Web Site following the changes. If
Furnishare.com is required to make any changes to Terms and
Conditions by law, these changes will apply automatically to any
orders currently pending in addition to any orders placed by you
in the future.
16. Availability of the Web Site
The Service is provided "as is" and on an "as available" basis. We
give no warranty that the Service will be free of defects and / or
faults. To the maximum extent permitted by law we provide no
warranties (express or implied) of fitness for a particular purpose,
accuracy of information, compatibility and satisfactory quality.
Furnishare.com accepts no liability for any disruption or
non-availability of the Web Site resulting from external causes
including, but not limited to, ISP equipment failure, host
equipment failure, communications network failure, power failure,
natural events, acts of war or legal restrictions and censorship.
17. Limitation of Liability
17.1 To the maximum extent permitted by law, Furnishare.com
accepts no liability for any direct or indirect loss or damage,
foreseeable or otherwise, including any indirect,
consequential, special or exemplary damages arising from
the use of the Web Site or any information contained
therein. Users should be aware that they use the Web Site
and its Content at their own risk.
17.2 Nothing in these Terms and Conditions excludes or restricts
Furnishare.com's liability for death or personal injury
resulting from any negligence or fraud on the part of
Furnishare.com.
17.3 Nothing in these Terms and Conditions excludes or restricts
Furnishare.com's liability for any direct or indirect loss or
damage arising out of the incorrect provision of Services or
out of reliance on incorrect information included on the Web
Site.
17.4 Whilst every effort has been made to ensure that these
terms and conditions adhere strictly with the relevant
provisions of the Unfair Contract Terms Act 1977, in the
event that any of these terms are found to be unlawful,
invalid or otherwise unenforceable, that term is to be
deemed severed from these terms and conditions and
shall not affect the validity and enforceability of the
remaining terms and conditions. This term shall apply
only within jurisdictions where a particular term is illegal.
18. No Waiver
In the event that any party to these Terms and Conditions fails to
exercise any right or remedy contained herein, this shall not be
construed as a waiver of that right or remedy.
19. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions
and any prior versions thereof, the provisions of these Terms and
Conditions shall prevail unless it is expressly stated otherwise.
20. Notices
All notices / communications shall be given to us either by post to
our Premises (see address above) or by email to
contact@furnishare.com. Such notice will be deemed received 3
days after posting if sent by first class post, the day of sending if
the email is received in full on a business day and on the next
business day if the email is sent on a weekend or public holiday.
21. Law and Jurisdiction
These terms and conditions and the relationship between you and
Furnishare.com shall be governed by and construed in accordance
with the Law of England and Wales and Furnishare.com and you
agree to submit to the exclusive jurisdiction of the Courts of
England and Wales.