These trading terms and conditions apply to purchases of any products or goods from Faraway Furniture.
Standard conditions of sale
1.1 "Buyer" means the person who buys or agrees to buy the Products from the Seller.
1.2 "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 "Delivery date" means the date specified by the Seller when the Products are to be delivered.
1.4 "Products" means those goods specified.
1.5 "Price" means the price for the Products including VAT at the time of acceptance of the order.
1.6 "Seller" means Faraway Furniture.
1.7 "Consumer" shall bear the meaning ascribed in section 12 Unfair Contract Terms Act 1977.
2. Conditions and stock availability
2.1 Nothing in these conditions shall affect the buyer's statutory rights as a consumer.
2.2 The Seller shall sell and the Buyer shall purchase the products in accordance with any written and/or electronically communicated quotation of the Seller which is properly accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders placed using the Seller's electronic online ordering service, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
2.3 Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without prior notice or any liability attaching to the error on the part of the Seller.
2.4 If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
2.5 If the Seller does not have sufficient stock to be able to deliver the goods ordered by the Buyer then any sum paid by the Buyer will be refunded or re-credited to your account and the Seller will notify you at the address given by you in your order form or via email or phone. The refund will be made as soon as possible and, in any event, within 30 days of your order. The Seller will not be obliged to offer any compensation for disappointment or any other consequential loss suffered. If an item cannot be delivered within the quoted delivery window the buyer will have the option of a full refund.
3. The price and payment
3.1 Save as provided otherwise herein the Price shall be that as stipulated in the Seller's published price list current at the date of acceptance of the order of the Products. In the event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the contract upon written notice being given to the Buyer. If notice of price increase is given by the seller, the buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the seller within fourteen days of delivery of the notice of price increase to the buyer.
3.2 Payment of the full Price shall be due at the date of the order. Time for payment shall be of the essence. If the Buyer does not pay the full Price on notification of shipment the Seller may bring an action for the Price even though property in the Products has not been passed to the Buyer. If the Buyer fails to make payment as required the Seller may suspend delivery of the Products or any further Products ordered until payment is made in full.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 2% above Barclays Bank Plc's base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.
3.4 We try very hard to ensure that all information on this site is accurate. However, occasionally, an error can occur. If we discover an error in the price or description of a product you have ordered, we will tell you and ask you whether you wish to continue with your order or cancel it.
4. The products
4.1 The quantity and description of the Products shall be set out in the Seller's quotation.
4.2 The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller's specification.
5. Warranties and liability
5.1 We warrant that our teak garden furniture sets, teak garden furniture tables, teak garden benches and teak garden chairs are fit for its intended purpose and reasonable domestic use for a period of ten years from the delivery date if purchased on or after 19th February 2010. Faraway Furniture's 10 year guarantee is a full and comprehensive warranty which cover both parts and labour.
Teak garden furniture sets purchased on or after 1st January 2009 are covered by a full five year guarantee.
Teak garden furniture sets purchased on or before 31st Dec 2008 is subject to a full three year guarantee.
All clearance/ex display/sale items, parasols, cushions, furniture covers, chimineas, firepits, storage bags are all covered by the manufacturers standard 1 year guarantee.
If you find a defect in the workmanship in any part or component Faraway Furniture will repair or replace the furniture free of charge. A defect under these terms means any imperfection in the material or workmanship that will impair the use of this furniture product. The warranty does not apply to normal wear and tear or normal deterioration as a result of domestic residential use. The warranty does not cover defects caused by the application of teak oil, varnish or wood stain except the use of Teak Wonder Sealer. The warranty does not apply to furniture which has been placed on an uneven surface which as a result has caused the table to warp or caused opening/closing mechanical problems and does not cover damage caused due to incorrect assembly procedures. For maximum longevity of your furniture your teak furniture should be placed on an even surface. The warranty is applicable only at the original delivery address unless the dismantling and moving of the furniture is done professionally by Faraway Furniture employees at the current cost. A notice of 14 days prior to the move is required via email or in writing. Furniture which has not been delivered and assembled by Faraway Furniture's own delivery team (whether by request or geographical limitations) is covered by the guarantee on a back to base basis only and the customer will be responsible for all costs of re-delivery and returning goods to our warehouse. Back to base means the warehouse from which the goods have been despatched. We cannot accept furniture which has been incorrectly assembled causing a fault or damage to the furniture. The guarantee terms do not affect a consumers statutory rights.
5.2 The Seller shall provide the Buyer with such information as is required to claim under the manufacturer's warranties. In the event of a claim, the Buyer shall in the first instance contact the Seller's customer service department.
5.3 If you have not been in our store and have purchased your items online then you may for any reason cancel your order (excluding damage or a fault with the item(s))within 14 working days from the date the goods have been recieved. If the customer wishes to cancel then it is the customers responsibility to look after the goods in their possession. We will process a refund and less a collection fee as stated in your payment invoice for the goods. Please contact us via telephone or e-mail to arrange a refund. Once authorised refunds will be issued to the same payment card used to place the order.
5.4 Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
5.5 Insofar as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question.
6.1 Delivery of the products shall be made by the Seller or his agent notifying the Buyer that the products are available for collection at the Sellers premises or for delivery to such place as the Buyer may specify at the time the order is placed.
6.2 If you think an item is damaged please discuss with the delivery driver. Please report any damage as soon as possible to customer services.
6.3 Delivery of in stock items are usually made within 30 days. If an item is out of stock we will inform the customer as soon as possible. The majority of items are delivered within a 14 day timeframe. For deliveries to Scotland, some areas of Cornwall or the Islands the price and time of delivery will be stated after your order has been received. Some circumstances are beyond our control and we may delay or cancel your delivery, in this instance we will not be help liable for any consequential loss you experience but will arrange a free re-delivery.
6.4 In the case of goods purchased by credit card, those goods can only be delivered to the credit card holders address (in order to protect you, we carry out extensive checks to ensure that your card is not being used fraudulently) and an invoice must be signed by the credit card holder on delivery. A deferred payment system is used for all debit and credit card payments whereby an authorisation 'shadow' is placed on the transaction. Once the order is delivered the transaction is released and payment is released.
6.5 Orders over £999.99 (including VAT) total value for delivery to addresses within mainland UK are delivered free of charge.
6.6 Delivery with a total value under £1000 (including VAT) does not include free delivery. Deliveries to Scotland, some areas of Cornwall and Northern Ireland are not covered by our standard delivery charges and such deliveries will be subject to the delivery charge specified at the time of ordering.
6.7 On the delivery day, please ensure that the trades people and delivery team can gain easy access. Please inspect the furniture carefully before signing the delivery note or invoice. If the delivery team try to deliver at a pre arranged time and you are out they will return the furniture back to base and a re-delivery charge may apply.
6.8 Deliveries to Scotland, some areas of Cornwall and Northern Ireland are not covered by our standard delivery charges and such deliveries will be subject to the delivery charge specified at the time of ordering.
6.9 Prior to delivery the customer must inform Faraway Furniture of any access or parking issues at the delivery address. The customer where necessary must provide vouchers or tokens to the delivery team to allow them to park and unload the furniture legally. If there is no adequate parking within a reasonable distance of the delivery address and the delivery team cannot safetly unload, the delivery team may not be able to deliver the furniture. In this case the furniture will be returned to base and a re-delivery charge may apply.
7. Acceptance of the products
7.1 After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.
8. Title and risk
8.1 Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
8.2 Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.
8.3 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.
9. Insolvency of buyer
If the Buyer makes any voluntary arrangements with its creditors or becomes Bankrupt, goes into provisional or full Liquidation or any administration orders are made, the Buyer not being a consumer, the Seller shall be entitled to cancel the contract without any liability to the Buyer and if the Products have been delivered but not paid for, the price shall become immediately due and payable despite any previous arrangements to the contrary.
10.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller's premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
10.2 Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer's address as provided to the Seller.
11.1 The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
No statement, description, warranty condition or recommendation contained in any printed or electronic catalogue, price list, or advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.
11.3 Additional costs
The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
12. Proper law of contract
This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising determined exclusively by the Courts of England and Wales.
Please read carefully
The use of this website is subject to these terms and by using the website you show your agreement to such terms. If you do not accept our terms, please do not use or view this website.
Faraway Furniture reserve the right, at any time and without prior notice, to remove or cease to supply any product of service contained on this website. In the event that such removal takes place we shall not be liable to you in any way whatsoever for such removal.
Applications for Products and Services
Prices, and details, of products and services (and any offers) posted online are subject to change without notice. All products and services are subject to availability and we give no guarantee in this regard. The provision of details of products and services on this website are not, and should be construed as, a binding and conclusive offer to sell or buy such products or services by the relevant company. The company advertising the products and services concerned may accept or reject your offer at its sole discretion.
In the event that you use any of the products or services contained on this website for commercial use, then we shall be entitled to charge you at our rates from time to time in force and previously notified to you in respect of such commercial use.
This website is owned and operated by Faraway Furniture or its licensed source. The products and processes described in this website may be subject to other intellectual property rights reserved by Faraway Furniture or by other third parties (and no licence is granted in respect of those intellectual property rights). Images and logos on this website may not be reproduced or appropriated in any manner without the written permission of their respective owner(s).
Changes to Terms and Records of Agreements
Faraway Furniture reserve the right to change these terms and conditions at any time by posting changes on the website. It is your responsibility to review the website terms and conditions regularly to ensure you are aware of our latest terms and conditions. Your use of this website after a change has been posted will be deemed to signify your acceptance of the modified terms and conditions. We recommend that you print off and retain for your records a copy of these terms and conditions from time to time and a copy of any terms and conditions relating to any product or service which you apply for on-line, together with any related application and/or proposal form duly completed and submitted to us (and received by us). Any amendment to any terms and conditions must be agreed in writing by us, or, if appropriate, by the relevant company with whom you contract.
Whilst we have taken care in the preparation of the contents of this website, this website and the information, names, images, pictures, logos, icons regarding or relating to us or the products and services, are provided on an "as existing" basis without any representation or endorsement being made and without any warranty of any kind, whether express or implied, including but not limited to, any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, all such terms and warranties are hereby excluded. In no event will we be liable (whether in contract or tort, including negligence or breach of statutory duty or otherwise) for any losses sustained and arising out of or in connection with use of this website including, without limitation, indirect or consequential losses, loss of profit, loss of data or special loss.
We do not represent that the information contained in this website is accurate, comprehensive, verified or complete, and shall accept no liability for the accuracy or completeness of the information contained in the website or for any reliance placed by any person or party (including but not limited to any third party) on the information contained herein.
We do not warrant that the functions or materials accessible from or contained in this website will be uninterrupted or error free, that defects will be corrected or that this website or the server that makes it available are virus or bug free or represent the full functionality, accuracy or reliability of the materials.
If any of these Terms and Conditions (or any terms and conditions relating to a product or service referred to in this website) should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws or any state or country in which such terms and conditions are intended to be effective, then to the extent of such illegality, invalidity or unenforceability, and in relation to such state or country only, such terms or condition shall be deleted and severed from the rest of the relevant terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
Headings used in these terms and conditions are for convenience only and shall not affect their interpretation.
Jurisdiction and Law
Unless otherwise specified, the products and services described in this website are available only to UK residents (excluding the Channel Islands and Isle of Man). The information on this website is not directed at anyone other than UK residents and applications from others will, unless otherwise stated, not be accepted. We make no representation that any product or service referred to on the website is appropriate for use, or available in other locations. The information and other materials contained in this website may not satisfy the laws of any other country and those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. The phone numbers provided only apply to phone calls made from within the UK.
These Terms and Conditions and any terms and conditions relating to products or services described in this website shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to the same shall, unless otherwise expressly agreed, be subject to the exclusive jurisdiction of the courts of England and Wales.
Links to other websites
Certain (hypertext) links may lead you to websites that are not under the control of Faraway Furniture. When you activate any of these links, you will leave our website and we have no control over and will accept no responsibility or liability in respect of the material on any such other website. By allowing links with third party websites we do not intend to solicit business or offer any security to any person in any country, directly or indirectly.
Monitoring of Phone Calls/Emails
Product Terms and Conditions
If you apply for any product or service detailed on this website, these Terms and Conditions should be read in conjunction with our Trading Terms and Conditions and, in the event of any contradiction between these Terms and Conditions and our Trading Terms and Conditions relating to such product or service, the latter shall prevail. For the purposes of all of our Terms and Conditions, "product(s)" and "service(s)" shall not include, without limitation, any representation and/or warranty and/or advice as to the suitability and/or fitness for purpose of either for the user's express and/or implied purpose.
The images, logos and names on this website identify Faraway Furniture. Nothing contained in this website shall be deemed to confer on any person any licence or right on the part of the companies mentioned or any third party with respect to any such image, logo or name.
Please report any abuse/spam emails to firstname.lastname@example.org and we will respond within 5 working days.
All complaints can be made in writing to email@example.com. Complaints will be acknowledged within 5 working days of receipt. If you are not satisfied with the outcome please contact Nominet (the .uk registry) as shown here: http://www.nominet.org.uk/disputes/complaining-about-registrar/complaints-procedure
Please view the Nominet website for further information about the UK domain name registration process at www.nominet.org.uk.
Domains are renewable each year. Reminder emails are sent out 30 days, 15 days, 3 days and 1 day before the domain expires. We send reminders to the email address on the account, it is the registrant's responsibility to ensure the contact details are up to date. We are not responsible if your domain fails due to incorrect contact details. If you do not wish to renew a domain please contact us at least 14 days prior to the domain expiry via email at firstname.lastname@example.org. Alternatively you may set your domain to auto renew. All domains will be auto renewed 14 days in advance of the domain name expiring and will be billed 30 days in advance. If you do not renew your domain before its expiry date then all the services we provide will be suspended and you will have upto 30 days (protected period) after to renew the domain name at the original renewal fee. Please log into the client portal to view renewal fees. After 30 days your domain will be suspended and will proceed into a 60 day grace period where you will still be able to renew your domain name but with an extra fee. This must be requested via email before the 80th day after the domain expiry, after 90 days your domain will be cancelled and deleted from the register and be made available for resale through a 3rd party registrar.
We will send email reminders to customers, registrants and admin contact for domains under ICANN guidelines:
1st Reminder - sent 30 days prior to domain expiry
2nd Reminder - sent 15 days prior to domain expiry
3rd Reminder - sent 3 days prior to domain expiry
Deactivation - sent 1 days after domain expiry
Deletion - sent 28 days after domain expiry
No charge will be made to transfer a domain to another registrar .