Terms and Conditions

TERMS & CONDITIONS

BACKGROUND:

These Terms and Conditions are the standard terms which apply to the provision by Blackfields Furniture Limited (“the Supplier”) of furniture design, manufacture and installation services to customers who require any such services to be provided at their home.

These Terms and Conditions apply where the customer is a “Consumer” as defined below.

Definitions and Interpretation
1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

1.1 Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, text message, or other means.
1.2 Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
1.3 Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.
1.4 Each reference to a Schedule is a reference to a schedule to these Terms and Conditions.
1.5 The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
1.6 Words signifying the singular number will include the plural and vice versa.
1.7 References to any gender will include any other gender.
1.8 References to persons, unless the context otherwise requires, include corporations.

2. Information About Us

2.1 We are a Private Limited Company.
2.2 We trade under the name Blackfield’s Furniture Limited.
2.3 We are registered in England under number 09262995.
2.4 Our registered office is at 3 Brook Office Park, Bristol BS16 7FL.
2.5 Our main trading address is Unit 39 Station Road, Kingswood, Bristol, England, BS15 4PJ.
2.6 Our VAT number is 229 8412 89.

3. Communication and Contact Details

3.1 If You wish to contact Us with questions or complaints, You may contact Us by telephone at 0117 956 6454 or by email at info@blackfieldsfurniture.co.uk.
3.2 In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:
3.2.1 contact Us by email at info@blackfieldsfurniture.co.uk; or
3.2.2 contact Us by pre-paid post at Blackfields Furniture Limited, 3 Brook Office Park, Bristol BS16 7FL.

4. Quotation and Acceptance of Quotation and entering into the Agreement

4.1 You may submit an Quotation Request to Us for any of the services through the enquiry form on our website, by email to info@blackfieldsfurniture.co.uk or telephone call to 0117 956 6454.
4.2 When placing a Quotation Request You shall set out, in detail, the Services required. Details required include the location and size of the Property, a description and measurements of the space in which you require the furniture to be placed.
4.3 Once You have completed the Quotation Request and submitted it to Us, and We have discussed Your requirements with You, and obtained any necessary further detail and clarification of any matters from You, We will prepare and sign a Quotation in duplicate and send it to You by email.
4.4 Where Your Quotation request requests Us to provide a Quotation for more than one type of Services, We will itemise the price for each type of Services (i.e. Design, Manufacture and Installation).
4.5 The Quotation will set out the amount of the Quoted Price and the required Deposit as a percentage of the Quoted Price. The Deposit will be 60% of the Quoted Price.
4.6 We will provide an estimate free of charge, if You would like to proceed to the survey stage to receive a formal Quotation, then 5% of the estimate is payable to secure a survey time slot, with 55% deposit payable on acceptance of the Quotation.
4.7 You will accept a Quotation by paying the deposit, signing and dating one copy of it and returning it to Us within 30 days after the date when We issue the Quotation, unless agreed otherwise.
4.8 You shall be free to request changes to the specification on Quotation prior to acceptance of the Quotation, and any agreed changes will be included on a revised Quotation. The Customer may accept the Quotation or, where applicable, the revised Quotation in writing (including via email).

5. Deposit

5.1 We deem You to have accepted the Quotation once You have paid Us the Deposit, no more than 30 days after the issue date of the Quotation, unless agreed otherwise.
5.2 Acceptance of a Quotation will only be valid once We receive the Deposit in full.
5.3 The Deposit is non-refundable except as set out in Clauses 13, 14 and 15.

6. Payment of Price and VAT

6.1 The Quoted Price for any particular Services will be the Price payable for those Services as shown in the accepted Quotation for those Services.
6.2 The Quoted Price is inclusive of any VAT chargeable. If the rate of any such VAT changes before You accept the Quotation We will adjust the amount of VAT that You must pay.
6.3 We will invoice the Deposit along with the formal Quotation, and We will invoice the balance of the Manufacture Price upon completion of the Manufacture Services, prior to Installation. The balance must be paid at least 48 hours prior to Installation.
6.4 Where We are providing equipment or appliances alongside our own Manufactured items, these will be invoiced on acceptance of Quotation at 100% to be paid immediately, and prior to ordering the equipment.
6.5 Installation Services will be itemised separately on a Quotation, and will be payable immediately upon completion.
6.6 We accept the following methods of payment:
6.6.1 Credit/Debit Card;
6.6.2 BACS (Bankers' Automated Clearing Services).
6.7 If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the rate of 4% above the base rate of Barclay’s Bank from time to time until payment in full is made. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.
6.8 If You have promptly contacted Us to dispute an invoice in good faith We will not charge interest while such a dispute is ongoing.
6.9 We shall use all reasonable endeavours to use only the Products (and quantities thereof) set out in the Quotation; however, if additional Products are required the Price shall be adjusted to reflect this. Any such increases shall be kept to a necessary minimum, and we will ensure that You are made aware of any changes to the Price.

7. The Services

7.1 The Services we provide include Design, Manufacture and Installation. You must state which Services you require during the consultation to ensure that we can quote for the services accordingly.
7.2 In order to provide the Design Service, We will need to obtain details from You During the Initial Consultation.
7.2.1 You must identify to Us any critical aspects you wish to factor into the design of the furniture.
7.2.2 You should also identify any rough measurements, and any particular aspects of the space layout which may affect the Design and Installation Services, to allow an estimate to be produced.
7.2.3 After We have the measurements, We will produce a provisional Design. This will only be Our interpretation of Your requirements based on initial information. It will be Our initial suggestion for design of the furniture, and it is intended to form the basis for further discussion with You and to be subject to subsequent changes to meet Your requirements. The initial and any subsequent versions of provisional Design will not be final or suitable for use for the purpose of providing any Installation Services or for You to carry out (or arrange to carry out) any similar works.
7.2.4 Only when We have confirmed with You that a particular version of the provisional Design that we have issued to You is final, will it become the Final Design, sent alongside the Quotation, for your acceptance.
7.3 Once the Design and Manufacture Service is complete, We can proceed with the Installation Service.
7.3.1 The Installation Service includes delivering, assembling, fitting and installing the furniture.
7.3.2 We will install the Products which We supply to You, if any, together with items (whether appliances or other items) supplied by You, if any, which We have agreed are to be covered by the Installation Services.
7.3.3 Where You supply any other items which We have agreed to fit, such as kitchen appliances, We are not responsible for the selection, suitability, condition or performance of any such items.
7.3.4 If it appears that any wall is incapable of holding any Product/s or other items that We are to fit, or any utility supply or connection is unsafe, faulty, flawed or inadequate or of poor quality, We may suspend work until You have had the necessary remedial works carried out.
7.3.5 We may reasonably refuse to start work or We may suspend work where You do not comply with your obligations under these Terms and Conditions. You will be responsible for any delays (and the cost of any such delays) which arise as a result.
7.4 We will provide the Services in accordance with the specification set out in the accepted Quotation.
7.5 We will ensure that the Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.
7.6 We will ensure that We comply with all relevant codes of practice and statutory or regulatory requirements.
7.7 We will at all times hold a valid employer and public liability insurance policy and will hold and keep up to date any and all licences or permits as may be required in order to provide the Services.

8. Problems with the Services, Guarantee, and Your Consumer Rights

8.1 In addition to any statutory rights which You may have, We guarantee that the work We carry out, and the materials and products that We supply as part of the Services will be free from material defects or flaws for a guarantee period of 6 months following completion of the Services.
8.2 If any such material defect or flaw appears during the above guarantee period, We will rectify it free of charge as soon as is reasonably possible.
8.3 Due to the nature of some of the timbers and worktops used there will be natural variations in colour and surface markings. No guarantee is given that the furniture and worktops supplied will be an exact replica in terms of colour and surface markings as samples used to agree finishes.
8.4 Voids and fillers surrounding the installed furniture are part of normal fitting tolerances and cannot be accepted as a basis for complaint.
8.5 We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that You inform Us as soon as is reasonably. We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
8.6 We will not charge You for remedying problems under this Clause 8 where the problems have been caused by Us. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by You, We may charge You for remedial work. If We determine that a problem has been caused by a Third Party Contractor, We will not carry out any remedial work and instead will inform You of the problem which You may then follow up with the Third Party Contractor in question.
8.7 As a consumer, You have certain legal rights with respect to the purchase of goods or services. For full details of your legal rights and guidance on exercising them, it is recommended that You contact your local Citizens Advice Bureau or Trading Standards Office.

9. Your Obligations

9.1 If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, You are responsible for obtaining them and You warrant that You have applied for and obtained all such consents, licences or other permissions before We contract with You for the Services.
9.2 You may either give Us a set of keys to the Property or be present at the Agreed Times to give Us access. We promise that all keys will be kept safely and securely by Us.
9.3 Where You are required to provide measurements to Us, We shall not be responsible for any inaccuracies which may result from measurements provided by You. If additional work is required to make up for a shortfall in measurements, We shall charge You accordingly. If there is an excess of materials due to excessive measurements We shall not reimburse You for such excess.
9.4 You shall ensure that We have access to electrical outlets and a supply of hot and cold running water.
9.5 You must give Us at least 14 days notice if You do not require Us to provide the Services on a particular day or at a particular time. We will not invoice You for cancelled Visits provided such notice is given. If less than 14 days is given We will invoice You in line with the Quotation for the cancelled Visit.

10. Third Party Contractors

10.1 Where We or You identify that in order to implement the Project, there are services or products needed in addition to the Services, the following will apply.
10.2 We acknowledge that You may decide to appoint Third Party Contractors to carry out those additional services. It will be Your decision as to whether to appoint any Third Party Contractor(s) and as to which Third Party Contractor(s) to appoint. We will not be involved in the appointment of such Third Party Contractors. If You choose to appoint a Third Party Contractor, the contract in that case will be between You and the Third Party Contractor. We will not be a party to that contract and We will not be responsible or liable to You for their acts or omissions.
10.3 Where, in order for the Project to be properly implemented, We need to cooperate with any Third Party Contractor(s), We will use reasonable efforts to do so and to ensure that the Services are provided in accordance with the Agreement.
10.4 We will require You to, and You agree to, use reasonable efforts to keep Us informed of the progress of the Project and in particular the activities of any Third Party Contractor(s) whose work may affect Our provision of the Services (whether adversely or otherwise). If Our provision of the Services is delayed by any Third Party Contractor(s), We will have the right to charge You in line with the Quotation.
10.5 Any recommendations or referrals provided by Us to third-party businesses, including but not limited to suppliers of appliances, goods, or services, are made in good faith and for the convenience of the customer. We do not guarantee, warrant, or assume any responsibility for the products, services, quality, pricing, or conduct of these third-party providers. You acknowledge and agree that any decision to purchase from or engage with a recommended third party is made at your own discretion and risk. We shall not be liable for any loss, damage, or dissatisfaction arising from such transactions.

11. Complaints and Feedback

11.1 We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
11.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available on our website.
11.3 If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
11.3.1 In writing, addressed to Blackfields Furniture Limited, 3 Brook Office Park, Bristol BS16 7FL;
11.3.2 By email, addressed to Blackfields Furniture Limited, info@blackfieldsfurniture.co.uk.;
11.3.3 By contacting Us by telephone on 0117 956 6454.

12. Changing the Start or Installation Date

12.1 If You ask Us to change the Start or Installation Date:
12.1.1 We will where reasonably possible agree a revised Start Date with You;
12.1.2 If we agree a revised Start Date, We reserve the right to charge You for storage of the furniture;
12.1.3 If it is not possible to agree a revised Start Date either You or We may terminate the Agreement, however the deposit will not be repayable, and all costs to date will be chargeable (see Clause 15).
12.2 If We ask You to change the Start Date:
12.2.1 we will provide as much notice as possible;
12.2.2 we will provide as many options as possible to allow for You to agree a revised Start Date with Us; or
12.2.3 Terminate the Agreement, however the deposit will not be repayable, and all costs to date will be chargeable (see Clause 15).

13. Cancellation of Contract During the Cooling Off Period

13.1 Where the Agreement is not made on Our Premises, You have a statutory right to a “cooling off” period. This period begins once the contract between You and Us (i.e. the Agreement) has been made, and it ends:
13.1.1 in relation to Services, at the end of 14 calendar days after the date on which the Agreement was formed.
13.1.2 We will not order any third party Products until the 14 day cooling off period has ended, unless You waive your right and request Us to do so.
This right will not apply to Personalised Goods or Inseparably Mixed Goods.
13.2 If You wish to cancel the Agreement within the cooling off period You should inform Us immediately by a clear statement (e.g. a letter sent by post or email to the postal address or email address specified in these Terms and Conditions).
13.3 To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.
13.4 If You exercise the right to cancel You will receive a full refund of any amount paid to the Us in respect of the Agreement.
13.5 We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
13.6 We will process the refund due to You as a result of a cancellation of Services without undue delay and, in any case, within the period of 14 days after the day on which We are informed of the cancellation.
13.7 If the Start Date falls within the cooling off period You must make an express request for provision of the Services to begin within the 14 calendar day cooling off period. By making such a request, You acknowledge and agree to the following:
13.7.1 If the Services have begun within the 14 calendar day cooling off period, You will lose the right to cancel once the Services are started;
13.7.2 If You cancel the Agreement after provision of the Services has begun You will be required to pay for the Services supplied, or goods ordered, up until the point at which You inform Us of Your wish to cancel;
13.7.3 The amount due will be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services will be refunded subject to deductions calculated on this basis; and
13.7.4 We will process any refund no later than 14 calendar days after You inform Us of Your wish to cancel.
13.8 Clauses 14 and 15 apply to termination of the Agreement after the 14 calendar day cooling off period has elapsed.

14. Cancellation Before the Start Date

14.1 In addition to Your rights in Clause 13 relating to the cooling off period, You may terminate the Agreement (i.e. cancel the Services) at any time before the Start Date as follows:
14.1.1 If You cancel the Services more than 60 days period of time, before the Start Date We will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 30 calendar days of cancellation.
14.1.2 If You cancel the Services less than 60 days, or otherwise agreed period of time, before the Start Date We will retain from the Deposit a sum to cover any net financial loss that We suffer due to the cancellation. We will refund the balance of the Deposit to You as soon as is reasonably possible, and in any event within 30 calendar days of cancellation. If Our net financial loss is more than the amount of the Deposit, We will invoice You for the shortfall and You will be required to make payment in accordance with Clause 6.
14.2 We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of a Force Majeure event (i.e. an event outside of Our reasonable control) as to which see Clause 17. If such cancellation is necessary, We will inform You as soon as is reasonably possible. We will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of termination.

15. Termination

15.1 You may terminate the Agreement with immediate effect by giving Us written notice if:
15.1.1 We have breached the Agreement in any material way and have failed to remedy that breach, or agree rectification, within 30 days of You asking Us in writing to do so;
15.1.2 We enter into liquidation or have an administrator or receiver appointed over Our assets;
15.1.3 You and We have been unable to agree a revised Start Date under Clause 12.1 or You elect to terminate the Agreement under Clause 12.2;
15.1.4 We are unable to provide the Services due to a Force Majeure event (i.e. an event outside of Our reasonable control) as to which see Clause 17.
15.2 We may terminate the Agreement with immediate effect by giving You written notice if:
15.2.1 You fail to make a payment on time as required under Clause 6 (this does not affect Our right to charge interest on overdue sums under sub-Clause 6.7);
15.2.2 You have breached the Agreement in any material way and have failed to remedy that breach within 30 days of Us asking You in writing to do so, unless sooner remedy is required to allow Us to complete our contractual obligations; or
15.2.3 You and We have been unable to agree a revised Start Date under Clause 12.1;
15.2.4 We have been unable to provide the Services for more than 24 weeks due to a Force Majeure event (i.e. an event outside of Our reasonable control) as to which see Clause 17.
15.3 For the purposes of this Clause 15, a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
15.4 If at the termination date:
15.4.1 You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice;
15.4.2 We have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 6.

16. Effects of Termination

If the Agreement is terminated for any reason:

16.1 Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
16.2 Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.

17. Events Outside of Our Reasonable Control (Force Majeure)

17.1 We will not be liable for any failure or delay in performing Our obligations under the Agreement where the failure or delay results from any cause that is beyond Our reasonable control (“Force Majeure”). Such Force Majeure causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic, or other natural disaster, or any other similar or dissimilar event that is beyond Our reasonable control .
17.2 If any Force Majeure event described under this Clause 17 occurs that is likely to adversely affect Our performance of any of Our obligations under the Agreement :
17.2.1 We will inform You as soon as is reasonably possible;
17.2.2 Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
17.2.3 We will inform You when the Force Majeure event outside of Our reasonable control is over and provide details of any new dates, times or availability of Services as necessary;
17.2.4 You or We may terminate the Agreement (see Clause 15).

18. Liability and Consumer Rights

18.1 We will maintain suitable and valid insurance including public liability insurance.
18.2 Subject to the following provisions of this Clause 18, We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of the Agreement or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
18.3 Whilst We aim to provide the Services to You according to the timetable specified in the Agreement, dates and timeframes for delivery for Products and carrying out the Services are provided for guidance only and We do not guarantee that the Services will be performed or completed by or within those or any other dates or timeframes. For the purposes of the Agreement, time shall not be of the essence and We will not be liable for any loss or damage You suffer as a result of the delivery of any of the Services being delayed or postponed for any reason.
18.4 We will not be liable for any accommodation costs, costs of storage of furniture, or any other expenses You suffer arising from provision of the Services.
18.5 We will not be liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us.
18.6 Our total liability for loss or damage caused as a result of Our negligence or breach of the Agreement is limited as follows. Where the Agreement relates to:
18.6.1 Design and Manufacture Services, Our total liability shall be limited to the value of the contract, and up to a maximum of £5,000,000;
18.6.2 Installation Services, Our total liability shall be limited to the value of the contract, and up to a maximum of £5,000,000;
18.7 Nothing in this Clause 18 or in any other provisions of the Agreement is intended to or will limit our statutory liability, or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
18.8 As a “consumer” as defined by the Consumer Rights Act 2015, or as a consumer for the purposes of any other consumer protection legislation, nothing in this Clause 18 or in any other provisions of the Agreement is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
18.8.1 the Consumer Rights Act 2015;
18.8.2 the Regulations;
18.8.3 the Consumer Protection Act 1987; or
18.8.4 any other consumer protection legislation,

as that legislation is amended from time to time.

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

19. How We Use Your Personal Information (Data Protection)

We will only use Your personal data as set out in Our Privacy Notice (found on our website).

20. Other Important Terms

20.1 We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
20.2 You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
20.3 The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.
20.4 If any provision of the Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision in question will not be affected.
20.5 No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.

21. Regulations and Information

21.1 We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You have accepted the Quotation and entered into the Agreement) except where that information is already apparent from the context of the transaction. We have included the information itself in the Quotation for You to see now, or We will make it available to You before entering into the Agreement. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
21.2 As required by the Regulations:
21.2.1 all of the information described in sub-Clause 21.1; and
21.2.2 any other information which We give to You about any Services or Us or Our business which You take into account when deciding to enter into the Agreement and accept a Quotation or when making any other decision about Services,
will be part of the terms of our contract with You as a Consumer.

22. Law and Jurisdiction

22.1 The Agreement and these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
22.2 Any dispute, controversy, proceedings or claim between the Parties relating to the Agreement or these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the exclusive jurisdiction of the courts of England and Wales.