Terms and conditions for the sale of goods online and telephone orders
In these Terms, when the following words with capital letters are used, this is what they will mean:
"We": Ashley Cooke Furniture.
"Us": You, the individual who is purchasing Goods from our Website, and Us, Ashley Cooke Furniture.
"Bespoke Items" and "Made to Measure Items": Goods which are made-to-measure or made to your specifications, custom-made or made-to-measure, or otherwise customised or personalised.
"Contract": the contract for the purchase and sale of the Goods through the Website.
"Goods": any products which we make available for sale through the Website.
"Event(s) Outside Our Control": any act or event beyond our reasonable control which may inhibit or prevent production or delivery of Goods. These acts and events may include, without limitation, third party industrial action including strikes, lock-outs or other industrial action; civil action including civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, natural disasters, failure of public or private telecommunications networks; and inability to use the railways, shipping, aircraft, motor transport or other means of public or private transport.
"Order": an order for Goods which you submit to us through the Website using our online ordering system.
"Terms": Ashley Cooke Furniture Terms and Conditions of sale.
- Placing an order online
The following Terms apply to any Order that you place through our Website. By placing your Order online you will be accepting these Terms. If you do not accept the Terms, you will not be able to order any Goods through our Website. Please read the Terms carefully before purchasing as by making a payment online you will be agreeing to and accepting these Terms.
Conditions of use: To place an Order through our Website, you must be both a consumer and over the age of 18. To purchase Goods on behalf of a business, please contact us.
Your obligation: When you have placed your Order by clicking on ‘'Pay’ button within Checkout you will be under an obligation to pay for the Goods (or, if you have selected the Interest Free Credit payment option, the applicable deposit for the Goods) at the time the Order is placed.
Our Contract: If we accept your Order, these Terms will form the basis of the Contract between us. Please see section 3 below that tells you more about the Contract between us. You should print a copy of these Terms otherwise save them for future reference. We suggest you also keep a copy of the Order Confirmation Email.
Accuracy of Order Information: It is your responsibility to ensure that you input and submit your Order correctly and accurately, including providing any and all additional information pertaining to your Order. You will have the opportunity to correct errors before placing the Order and an Order Summary (with details of the Goods and the total price inclusive of taxes and all delivery charges and other costs will be displayed directly before you pay for your Order, at which point your order will be considered placed. Please note that we are not responsible for any errors you make when you input and submit, and effectively place your Order.
- Purchase of products
Creating the Contract
3.1 After you have submitted your Order you are offering to buy those Goods from us. We will send you an order acknowledgement email shortly after you place your order. Please note that this email is an acknowledgement and not acceptance of your order. You should note that:
- We are not obliged to accept your Order; and
- No contract exists between us for those Goods at this stage.
3.2 We reserve the right to decline all or part of any Order for any reason. This might be because for example, the Goods are not in stock or are no longer available or because of a pricing error on the Website. If we decline all or part of your Order, we will contact you with additional information and will not process your order We will refund the full amount of your payment if you do not wish to order alternative Goods from us or; in the case of a pricing error, order the Goods at the correct price.
3.3 If we do cancel your order we will notify you by email and will refund to you any sum paid by you to us in respect of the contract as soon as possible, and in any event within 30 days of the cancellation of your order.
3.4 The creation of the contract between you and us will take place upon the successful delivery or collection of any part of your order unless we have notified you that we do not accept your order as outlined in 1.2.
3.5 It is recommended that you retain all emails relating to your order.
3.6 The details of your specific order are filed by us. Should you want any information regarding your order you may contact us.
3.7 If you want to make any changes to your order, e-mail us or telephone us for free on 01653 691666 for further assistance. Please note that when products are ordered at different times we cannot guarantee colour matching due to variations between batches. Changing an order may cause a delay with your delivery time and may alter the price you have been quoted.
3.1.1. Our Goods
3.1.1a Images (including photographs and videos) of Goods displayed on our Website are for illustrative purposes only. They may not be representative of the actual size of the Goods. Also, we cannot guarantee that the way your computer displays colours will accurately reflect the colours of the Goods.
3.1.1b For the purpose of the Contract, the quantity, quality, description and any specifications of the Goods will be described in the Order Confirmation Email.
3.1.1c We reserve the right to alter the Goods or any relative specifications (whether or not these specifications were submitted by you when you placed your Order at any time, if we are required to do so by law. If this happens, we will notify you as soon as possible. We will not process your Order until you have confirmed your wish to proceed.
3.1.1d As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Contact your Citizens' Advice Bureau or Trading Standards Office for more information. These Terms do not affect your legal rights. A manufacturer's guarantee also applies to some of the Goods we sell. Please ask for full details of any manufacturers guarantee.
3.1.1e. Specific online offers
We may, on occasion, make special online discounts and promotional offers. These discounts and offers may be subject to their own specific terms and conditions stated on the Website as well as these Terms.
3.1.3a Prices on our Website are given in pounds sterling. Prices include VAT and any other applicable taxes. We will do what we reasonably can to ensure that the prices stated on the Website are accurate and up to date. In the event of any pricing errors, you will be notified by email or telephone and we will give you the opportunity to re-confirm your Order at the correct price.
3.1.3b Your chosen payment type, (Debit card, credit card or PayPal) will be charged when you submit your order at the final stage of the checkout whether you are paying in full or have only chosen to pay a deposit. This includes deposits prior to the finance application if chosen and therefore regardless of the finance applications loan decision.
3.1.3c When you place your order and opt for the deposit payment option, you agree for us to automatically take the remaining balance before delivery on the same method of payment that you paid the deposit with. If we are unable to collect payment we shall not be obliged to make delivery to you and will not do so until payment is collected.
3.1.3d Depending on how you choose to pay, your payment may be subject to validation checks and/or third-party authorisations.
3.1.3e We reserve the right to decline all or part of any payment for whatever reason and should this occur we will contact you with these details.
3.1.3f If, however, we display an inaccurate price which could reasonably have been recognised as a pricing error, we do not have to provide the Goods to you at the incorrect price if the pricing error is obvious and could reasonably have been recognised as a pricing error, even if the Contract has been concluded.
3.1.3h Your order must be paid in full prior to delivery. It is not possible for the delivery crew to take payments.
3.1.3i All prices and charges on this website are quoted in UK pounds. Prices include VAT unless otherwise stated but exclude delivery charges.
3.1.3j If we discover an error in the quoted price of goods that you have ordered, then we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling the order. If we are unable to contact you we will treat the order as cancelled and you will receive a full refund.
3.1.4. Security and Clearing
3.1.4a All credit and debit card payments that are made on our website are protected by a secure connection. This secure connection ensures that your credit and debit card is encrypted prior to transfer to the bank for authorisation.
3.1.4b As an additional security measure, no credit or debit card details submitted online are stored directly by us once your order has been processed. They are stored in encrypted form by our payment providers.
3.1.4c If you have authorised us to obtain a second or final payment of your order on your chosen debit or credit card, we will use the same secure connection to request these monies to be transferred to the bank for authorisation. Your CV2 number is not retained by our Secure Payment Provider.
3.1.5. Delivery of goods to you/Collection of the goods by you
3.1.5a We will deliver the goods you have ordered to the address you give us for delivery at the time you place your order.
3.1.7. Cooling Off Period (applicable to online orders only)
3.1.7a Under the Consumer Rights Act of 2015, you are entitled to cancel your contract, but only if you exercise this right no longer than 14 days after the day on which goods are received. This is the statutory cooling off period. After this period has expired there is no right to cancel. Item(s) cannot be returned or cancelled after the 14-day cooling off period unless the item is confirmed as defective.
3.1.7b. Under UK law, the statutory cooling off period has certain exclusions: i. Bespoke items. These are goods that have been ordered to the unique and exact specifications of a customer. Simply selecting a colour from a range of colours available or your product being made to order does not make your furniture bespoke under this clause. We would make it perfectly clear to you when ordering a bespoke item that it is such and that it is excluded from the Consumer Rights Act.
3.1.7c In order to exercise the right to cancel, you must inform us in writing via email or post including your order number as part of your correspondence.
We will email you to confirm we have received your cancellation. Your Cancellation is effective from the date you send us the email or post the letter to us.
3.1.7d If you decide to cancel after receipt of the item(s), it is your responsibility to return the goods to us at your own cost and in new condition. You are the owner of the furniture once it has been delivered to you. Failure to take reasonable care of the Goods may result in a claim against you. To minimise this risk, please ensure that you pack the Goods appropriately when you return them to us to prevent any damage during transportation. Alternatively, we do offer a collection service if you are unable to return your items. We charge a collection fee on a case by case quote based on product type, number of goods and location of collection - this may be up to 25% of each item returned to cover the cost of collecting the Goods, plus any claim for deterioration to condition.
This must be done within 14 days of notification of your decision to cancel the contract.
3.1.7e If you cancel the Contract we will:
3.1.7 i Refund the price you paid for the Goods. Note that we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by you handling them in a way which would not be permitted in one of our stores or if the returned Goods have not been looked after by you with reasonable care and are not in the condition that they were in when they were delivered to you, we reserve the right to deduct from your refund any loss of value to the goods as a result of your use or damage.
3.1.7 ii Refund any delivery costs you have paid. Note that we are permitted by law to make a maximum refund equal to the cost of the least expensive common and generally acceptable delivery method we offer . We do not cover supplementary delivery costs above this amount where you have used another type of delivery.
3.1.7 iii Make any refund in the same form of payment you originally used for the purchase of the Goods and within 30 days of the valid cancellation of contract. Refunds will be made to a credit or debit card or PayPal may take up to 7 (seven) working days depending on your bank. For further clarification on timings, please contact your card issuer.
3.1.8. Damaged or Defective Goods
Every effort will be made to ensure that the goods you have ordered arrive undamaged and without defect.
However if the goods are found to be either damaged or defective in any way at the time of delivery, you have the right to the following options:
3.1.8a Reject the goods
• i. You will be asked to complete an Incident Report form immediately, which will be provided by the home delivery team.
• ii. The Incident Report form will then be returned to the delivering warehouse. It will be logged against your order number and a refund of all monies paid, including any delivery charges, will be made as soon as possible and in any event within 30 days of cancellation being accepted.
3.1.8b Keep the goods
• i. If the furniture is useable, despite the damage, we are happy for you to go ahead and use it
• ii. Ashley Cooke Furniture home delivery team will complete an incident report form (if appropriate) to record the problem. They will ask you to sign it and they may also take photographs to accompany the paperwork.
• iii. The Incident Report form will then be returned to the delivering store. It will be logged against your order number, and assessed for necessary further action.
• iv. Our Customer Care Team will then contact you to arrange a technician to visit and repair the problem to manufacturing standards, generally within 7 days. If he/she is unable to resolve the matter on the first visit and parts are required, we will endeavour to source them as quickly as possible.
• v. In the event that a repair cannot be made, we will replace the furniture, or give a full refund including any delivery charges (where applicable). The goods that are deemed faulty revert to the ownership of Furniture Village, and must be in our possession before monies are refunded.
3.1.8c After Delivery: If the pre-existing fault or damage is discovered after delivery, you should contact us as soon as you notice the defect, or at the latest within 30 days of delivery of the goods, via our Online store.
• i. Our customer care team will then contact you to arrange a technician to visit and inspect the goods and discuss your options including returning the goods or repairing the problem to manufacturing standards, generally within 14 days. If he/she is unable to resolve the matter on the first visit and parts are required, we will endeavour to source them as quickly as possible.
• ii. In the event that a repair cannot be made, we will replace the furniture, offer a reselection to the value of the purchase price less any discounts or give a full refund including any delivery charges (where applicable). The goods that are deemed faulty revert to the ownership of Furniture Village, and must be in our possession before monies are refunded. A refund may be subject to a usage charge depending on the period of time that has elapsed since delivery.
3.1.8d Faults that develop after 30 days of Delivery: In the unlikely event that one of our items is to develop a fault after 30 days, please call our Customer Care Team. Your options may vary depending on the individual circumstances including the length of time that you have had the item and the nature of the fault.
3.1.9 Non acceptance of an order by us
3.1.9a We reserve the right not to accept any Order request if:
3.1.9b we have insufficient stock to deliver the goods you have ordered;
3.1.9c we do not deliver to your area;
3.1.9d one or more of the Goods ordered was incorrectly described or priced on the website;
3.1.9e the Goods are withdrawn by the manufacturer or by order of any governmental authority
3.1.9f the payment transaction is not authorised; or
3.1.9g you have not complied with the provisions of terms 2 and 3 of these terms and conditions.
3.1.9h If we do reject your order we will notify you by email and will refund to you any sum paid by you to us in respect of the order as soon as possible, and in any event within 30 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
3.1.10. Stock Levels
3.1.10a As far as reasonably possible all products featured to buy on the website are either in stock and available at the time of ordering, or are produced to order with the anticipated lead-time published on site
3.1.10b If any item is out of stock we will notify you and proceed in terms of paragraph 8.1or 8.2 as appropriate.
3.1.11. Unforeseen Circumstances
While every effort is made to meet our customers' demands, cancellations or variations may be necessary as a result of an Act of God, war, strike, lockout, labour dispute, fire, flood, drought, or other causes beyond our reasonable control.
3.1.12. Complaints and Remarks
13.1 If you have a complaint or a particular remark to make please do not hesitate to contact us immediately by telephone or email, the details of which are contained under the "Contact Us" page.
13.2 Any complaint will be dealt with fairly, effectively and confidentially. Your statutory rights as a consumer are unaffected.
3.1.14. Contractual Capacity
3.1.14a In order to be eligible to enter into a contract with us to purchase goods through the website you must:-
3.1.14b provide the required information including your real name, payment details including your card address; your delivery address if different from your card address; email address and telephone number;
3.1.14c be over the age of 18.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected.
These terms and conditions shall be governed by and construed in accordance with English law and you hereby agree to be subject to the non-exclusive jurisdiction of the Courts of England and Wales. All contracts are concluded in English.
3.1.17 Data Protection and Privacy
3.1.18. Other Important legal terms
3.1.18 i We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract which are caused by an Event Outside Our Control. If an Event Outside Our Control takes place that affects our Contract with you we will contact you as soon as reasonably possible to notify you. Please note our obligations under a Contract will be suspended for the duration of the Event Outside Our Control.
3.1.18 ii Each section of these Terms operates separately. If any of these sections (or any part of any section) is found by any court or relevant authority to be unlawful or unenforceable, the other sections (or part of the section in question) shall not be affected and shall remain in full force and effect. If any section of these Terms is found to be unlawful or unenforceable but would be lawful and enforceable if some part of the section were deleted, the section in question shall apply with such deletion as may be necessary to make it lawful and enforceable.
3.1.18 iii If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will do so only in writing, but that will not mean that we automatically waive any later default by you.
3.1.18 iiii We may perform any of our obligations or exercise any of our rights under the Contract ourselves or where applicable, through any other persons (legal or otherwise) or entities.
3.1.18 v We may transfer our rights and obligation under a Contract to another organisation but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing to such a transfer.
3.1.19. Entire Agreement
- Ashley Cooke Structural Guarantee Terms & Conditions
- Proof of purchase is the responsibility of the purchaser.
- All Clearance products are purchased with a 1-year structural guarantee.
- General wear and tear, including staining, excessive soiling, abrasion, tears and burns, accidental damage, natural cushion interior settlement and flattening and normal bed filling settlement are excluded.
- The cracking of wood due to extreme changes in room humidity or direct heat source (air conditioning and radiators) is excluded.
- Dye transfer from non-colourfast plastics, fabrics and clothing (including denim and throws), damage or delamination of the product or finish caused as a result of contamination through contact with hair products and body products or other cosmetic applications such as tanning lotions is excluded.
- The guarantee is non-transferable and valid from the date of original purchase only.
- Consistent with meeting its obligations under this guarantee, Ashley Cooke reserves the right to undertake the least cost option to itself. This may involve rectifying the problem, arranging for the unsatisfactory component to be replaced or refunding part of the original purchase price.
- If goods are exchanged, or a total refund is given, the goods that are deemed faulty revert to the ownership of Furniture Village.
- The amount of any claim under the guarantee shall be limited to the original purchase price paid for the unsatisfactory product.
- This guarantee does not extend to non-domestic usage, nor to goods which are taken outside the UK.
- The guarantee may be invalidated if the purchaser does not follow or carry out proper care procedures as outlined in this leaflet or in accordance with the manufacturer’s recommendations where applicable, or where the product has been adapted, abused or altered.
- The above conditions relating to Furniture Village’s 10 or 2-year quality guarantees are not intended to affect your statutory consumer rights.
Terms and conditions of Use of the Website
- Intellectual property rights
The content of this Website is © Ashley Cooke Furniture (or its third-party licensors). You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us (or our licensors). You may not copy, reproduce, change, modify, license, transmit or sell any material or content contained herein and you are permitted to use this material only as expressly authorised by us (or our licensors). All such rights are reserved.
You are permitted to print a single copy of, or download any part of, any pages(s) of the Website for your personal use. You may inform others about content on the Website.
You must not modify in any way any copies, paper or digital, of any materials you have printed, or downloaded. Illustrations, photographs, video, audio sequences and graphics may no tbe detached from any accompanying text.
You must acknowledge Ashley Cooke Furniture and any identified contributors as the authors of content on the Website.
You must not use the Website or any part of it for commercial purposes without obtaining a licence to do so from us or our licensors.
Ashley Cooke Furniture is providing this Website on an "as is" basis and makes no representations or warranties of any kind, whether express or implied, in relation to this Website or its contents and disclaims all such representations and warranties. In addition, Ashley Cooke Furniture makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information on this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of Ashley Cooke Furniture howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Neither Ashley Cooke Furniture nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Ashley Cooke Furniture accepts no liability for any information or content contained in external third party websites which link to or from this Website.
Notwithstanding the foregoing, none of these exclusions and limitations are intended to limit any rights you may have as a consumer, under local or other statutory rights nor in any way to exclude or limit our liability to you, for death or personal injury resulting from our negligence or that of our employees and/or agents.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, derelict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- 11.3.1 use of, or inability to use, the Website; or
2. 11.3.2 use of or reliance on any content displayed on the Website.
Please note that we only provide the Website for private use. By using the Website you agree not to use it for any commercial or business purposes, and acknowledge that Ashley Cooke Furniture is not responsible for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Additionally, we are not liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other harmful material that may infect your computer equipment, programmes, data or other proprietary material as a result of your use of the Website or your downloading of any content on the Website, or on any linked website.
- Pricing policy
Ashley Cooke Furniture follows the latest CTSI Guidance for traders on pricing practices.
Unless otherwise stated, Was price reductions compare to prices which were offered both online and in all of our stores, for a reasonable amount of time, prior to commencement of any sale.
Products compared against an After Sale Price (ASP) will be offered at the higher price, for a reasonable amount of time, immediately following the end of the respective sale.
Some branded product ranges may be compared against the Recommended Retail Price (RRP) provided to us by the manufacturer(s).
Intervening lower prices (e.g.Early Bird,Final Reductions, Now Only, Clearance Price) may also apply during the sale event.
Please ask Ashley Cooke Furniture team for any further details.
Wishlist: By law, we can only sell products at the correct price at the time of your order, not the price when items are added to your wishlist.
- Other applicable terms
If you purchase goods from the Website, our terms and conditions of sale will apply to such purchases.
- Accessing the website
- Website content
We may update the Website and change any part of its content. We do not guarantee that the Website, and any of its content will be without errors or omissions.
- Acceptable use
You must not use the Website in any way that breaches any applicable local, national or international law or regulation.
- 1 You may not, and may not allow anybody else to modify, reverse engineer, decrypt, decompile, circumvent or otherwise interfere with or alter the Website.
- 2 You agree not to use this Website in any way that may cause the Website or access to the Website to be damaged, interrupted or impaired.
- 3 You shall not breach or attempt to breach the security of this Website.
- 4 When interacting with this Website you must not use a false email address, impersonate any other person or entity, or mislead us as to the origin of any electronic communications or content.
- 6 The Website is intended exclusively for UK residents and is not intended to be appropriate or available for use in other countries. If you access the Website from another country, you do so at your own risk and take responsibility for complying with any and all applicable local laws.
- 7 The installation of adequate anti-virus software and related security protection to secure your computer systems when using the Website is your responsibility. We will not be responsible for any loss suffered as a result of your failure to to secure your computer system.
- 8 You may use the Website only for lawful purposes.
11.10 You may not use the Website:
1. 11.10 i in any way that is unlawful or fraudulent, or has any unlawful or fraudulent intent or effect;
2. 11.10 ii for the purpose of harming or attempting to harm minors in any way;
3. 11.10 iii to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or similar solicitation; or
4. 11.10 iiii to knowingly transmit any data, send or upload any material that contains viruses, worms, Trojan horses, keystroke loggers, time-bombs, spyware, adware or any other harmful programs or similar computer code intended to adversely affect the operation of any computer software or hardware.
11.11 If you are uploading content to the Website, the content must:
- 11.1 be accurate (where you state facts) or be genuinely held (where you state opinions); and
- 11.2 comply with applicable law in the UK and in any country from which they are posted.
- 11.3 If you are uploading content to the Website, the content must not:
- 11.11.3 ix contain any material which is defamatory of any person;
2. 11.11.3 ii contain any material which is obscene, offensive, hateful or inflammatory;
3. 11.11.3 iii promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
4. 11.11.3 iiii infringe any copyright, database right or trade mark of any other person;
5. 11.11.3 v be likely to deceive any person;
6. 11.11.3 vi be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
7. 11.11.3 viii promote any illegal activity or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
8. 11.11.3 viiii be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
9. 11.11.3 x be likely to harass, upset, embarrass, alarm or annoy any other person;
10. 11.11.3 xi be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
11. 11.11.3 xii give the impression that the content emanates from us, if this is not the case.
- Your information
- Uploading content
13.1 Whenever you make use of a feature that allows you to upload content to the Website, or to make contact with other users of the Website, you must comply with the standards set out in 6.12 and 6.13 above. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
13.2 Any content you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy, or where otherwise required by law.
13.3 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Website.
13.4 We have the right to remove any posting you make on the Website if, in our opinion, your post does not comply with the standards set out in 6.13 and 6.14 above.
13.5 The views expressed by other users on the Website do not represent our views or values.
- Disclaimer of liability for third party materials
Certain content, products and services available via the Website may include materials from third parties. We may also provide links to certain third-party websites. However, please note that we are not responsible for accuracy of any third-party content, material or websites and do not warrant, endorse or accept any liability or responsibility for any third-party websites, materials, products or services. Links to other websites are provided as a convenience. You access such websites at your own risk.
- Social Media and competition terms and conditions
- These terms and conditions together with any specific rules set out in Competition Notices (as defined below) are the Competition Rules ("Rules") and apply to competitions on www.furniturevillage.co.uk and on any social media account operated by Ashley Cooke Furniture whether or not the competition accessed via or promoted by Ashley Cooke Furniture exclusively or in conjunction with partner companies ("Competition"), unless otherwise expressly stated. By entering a Competition, entrants agree to be bound by these Rules.
- The Competition is organised by Ashley Cooke Furniture, Ashley Cooke Furniture is the promoter of the Competition.
- Rules specific to each Competition are displayed in a notice on the page for such Competition ("Competition Notice") and are incorporated into the Rules. In the event of differences or discrepancy between these terms and conditions and the Competition Notice, the Competition Notice shall prevail.
- Ashley Cooke Furniture reserves the right to hold void, cancel or amend the Competition or the Rules without notice where is becomes necessary to do so (in the opinion of Furniture Village). Any such changes will be posted either within these terms and conditions or the Competition Notice. A copy of the Rules may also be obtained by sending a stamped addressed envelope to: Online Competition Rules, Furniture Village, 258 Bath Road, Slough, Berkshire. SL1 4DX.
- In the event of any dispute regarding the Rules, conduct, results and all other matters relating to a Competition, the decision of Ashley Cooke Furniture shall be final and no correspondence or discussion shall be entered into.
- The following persons are not eligible to take part in the Competition:
(a) employees of Ashley Cooke Furniture or its holding or subsidiary company
(b) employees of any company professionally involved in the Competition including without limitation any advertising agency or web company connected with the Competition or any of their respective holding companies or subsidiary companies
(c) members of the immediate families or households of (a) and (b) above.
(d) those under the age of 18.
Ashley Cooke Furniture reserves the right not to award a prize (and to select an alternative winner) if Ashley Cooke Furniture is aware or has reasonable grounds to believe that a winner is not eligible.
- Additional eligibility requirements may apply to a specific Competition, e.g. a valid passport, visas and/or driver’s licence. Where applicable, these will be set out in the Competition Notice.
- By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete. You further warrant that you are eligible to enter the Competition. Ashley Cooke Furniture reserves the right to verify the eligibility of all entrants and require you to provide proof of your eligibility.
- The address or email address you provide with your competition entry ("Entry") will be used to send any prizes so please make sure this is correct. Unless stated otherwise in the Competition Notice, Competitions are only open to residents of the United Kingdom and you are not entitled to enter the Competition if you are resident outside of the United Kingdom. Where a Competition is open to entrants from outside the United Kingdom, you are not entitled to enter the Competition if you are resident in a country or jurisdiction where the Competition may breach any law or regulation. Where this applies, Furniture Villages invitation to enter the Competition in such country and/or jurisdiction is withdrawn.
- Unless otherwise stated, a Competition will only be open to entrants aged 18 and over at the closing date of the competition. Ashley Cooke Furniture assumes that by entering the Competition (and you warrant that) you are the appropriate age to enter the Competition. Where a Competition is open to all age groups, Ashley Cooke Furniture assumes that by using the website and entering the Competition (and you warrant that) you are aged 18 or over or, if you are under 18, that your parents have consented to your entry into the Competition and these Rules.
- Ashley Cooke Furniture reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of the Rules.
- In the event that any entrant is disqualified from the Competition, Ashley Cooke Furniture in its sole discretion may decide whether a replacement should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules.
- Unless stated otherwise in the Competition Notice, you may enter the Competition as many times as you like however Ashley Cooke Furniture will not accept entries which are or which it has reasonable grounds to believe are:
(a) automatically generated by computer or automated process;
(b) completed by third parties or in bulk;
(c) illegible, incomplete, altered, reconstructed, forged or tampered with;
(d) in any other way not the original submission of the entrant; or
and in the event a winner is selected from an entry falling within (a) to (e) above Ashley Cooke Furniture may disqualify that winner and select an alternative winner. Any further winner will be selected in accordance with these Rules.
- Competition entries must be made in the manner and by the closing date and time specified on the Competition Notice. Failure to do so will disqualify the entry. Ashley Cooke Furniture reserves the right disqualify you if your conduct is contrary to the spirit or intention of the Competition.
- There is no purchase requirement to enter a Competition and there is no charge to register for use of the website. By submitting an Entry, you agree to be bound by these Rules and the Competition Notice.
- Proof of posting or emailing cannot be accepted as proof of delivery. Ashley Cooke Furnituredoes accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of or unauthorised access to Entries, or Entries lost, damaged or delayed as a result of server functions, technical issues, virus, bugs or other causes outside Furniture Villages control.
- Entrants should note that unless stated otherwise, Ashley Cooke Furniture does not accept responsibility for the return of any Entries, including those consisting of artistic or other material.
Prizes 18. Unless stated otherwise in the Competition Notice, prize winners will be chosen at random from all correct Entries (for competitions involving answering questions or where entry is by emailing or otherwise providing a name and/or contact details to Furniture Village) which meet the requirements of these Rules and the Competition Notice or from all submitted entries (where creative or artistic merit or other subjective criteria apply to entries (unless these are being judged as set out in the Competition Notice)) which meet the requirements of these Rules and the Competition Notice, in each case within 28 days of the closing date specified in the Competition Notice. Tie-breakers will be judged by Ashley Cooke Furniture and, if required by law, by an independent adjudicator. In all matters, the decision of the judge(s) and Ashley Cooke Furniture shall be final and no correspondence or discussion shall be entered into.
- Prize winners will be notified in the manner and within the time specified on the Competition Notice (and may be contacted by Ashley Cooke Furniture or Furniture Villages nominated supplier(s)). Return of any prize notification as undeliverable or failure to reply as specified in the notification (and within the time stated) may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per entrant will be awarded. Competition winner(s)’ names may be published on the website naming the specific competition including a self-addressed stamped envelope for a list of winners.
- Claims for prizes must be made in the manner and within the time specified on the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner. 21. Prizes are non-transferable and there is no cash alternative. Ashley Cooke Furniture reserves the right to substitute prizes of equal or greater value at any time. 22. Prizes are awarded at Furniture Villages discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant. Where Entries are being judged on creative or artistic merit or other subjective criteria, Ashley Cooke Furnitureand/or the Competition judges (acting reasonably) reserve the right not to select a winner, and/or to remove or amend selection criteria and/or the structure and operation of the Competition if Entries are not of the requisite standard.
- Ashley Cooke Furniturereserves the right to request written proof of your age. 24. All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.
Intellectual Property Rights & Use of Entries
- Ashley Cooke Furniture does not, unless we agree this with you, claim any rights of ownership in your Entry. As such, you retain ownership of your Entry and, although Ashley Cooke Furniture will be able to use Entries as set out in the Rules, you will also have the right to use your Entry in any way you choose. Where any Entry is to be used in a different way (e.g. we are asking to own this) this will be made clear on the website and you will then be able to choose whether to enter the Competition. If you win a prize, as a condition to receipt of that prize, you may be required to sign a release form (in Furniture Villages then current standard form) in connection with the prize-winning submission.
- In consideration of Ashley Cooke Furniture agreeing to consider entrants to the Competition, each entrant hereby agrees that Ashley Cooke Furniture(and third parties authorised by Furniture Village) may (but is not obliged to) make any and all Entries available on the website and any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio and that Entries may be made available with advertising and/or sponsorship. You now grant Ashley Cooke Furniture(and third parties authorised by Furniture Village) a non-exclusive, worldwide, irrevocable licence (for the full period of any rights in the Entry) to use, display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, store, re-format, sell and sub-licence the Entry for such purposes.
- Ashley Cooke Furniture does not guarantee to use or otherwise make available any Entry. Ashley Cooke Furniture may also, in appropriate circumstances, and at its sole discretion, reject, edit, remove or disable access to Entries that appear to be legally or otherwise problematic e.g. infringe the copyright or other intellectual property or privacy rights of others, are defamatory etc. or for any other reason.
- Your Entry and any information submitted by you must be personal to and relate specifically to you. You hereby warrant that your Entry and all information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. If relevant, Ashley Cooke Furniture reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.
- Insofar as permitted by law, Ashley Cooke Furniture does not accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the Competition or as a result of accepting any prize. Ashley Cooke Furniture is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination of these, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition. Nothing shall exclude Furniture Villages liability for death or personal injury as a result of its negligence. Your statutory rights are not affected.
Data Protection and Publicity
- Winners may be requested to take part in promotional activity and Ashley Cooke Furniture reserves the right to use the names of winners, their photographs and audio and/or visual recordings of them in any publicity.
- Terms and Conditions for the use of user generated content
- 1 Definitions
In these terms and conditions the following words and expressions shall have the following meanings:
Content means content from Social Media Channels chosen by or on behalf of Us from time to time.
Our, We or Us means Ashley Cooke Furniture.
Other Media Release print, television and in store advertising.
Release see the definition in paragraph 11.
Social Media Channels means Facebook, Instagram, Pinterest, Snapchat, Twitter or YouTube or any other channel We may designate from time to time (each of them a Social Media Channel) or such combination of them as We may permit from time to time.
Website any Website owned or operated by Us.
You means any person submitting Content to Us (and Your shall be read accordingly).
16.2 Application of these terms and conditions
16.2.1 These terms and conditions will apply to any Content and its use on Our Social Media Channels or Our Website or in Other Media.
16.2.2 If We are using Your Content in conjunction with any other activity such as a competition then additional terms and conditions may apply to such other activity.
- 3 Selection of Content
16.3.1 We may from time to time select Content from Social Media Channels or We may authorise another company or organisation to make such selections on Our behalf.
16.3.2 Unless We specifically invite direct submissions of Content You cannot apply for selection of Your Content. If We do invite direct submissions We may put such restrictions (including time limits) on such submissions as We see fit and may terminate the receipt of such submissions at any time. Content is provided through Social Media Channels and We (or any company or organisation authorised to make such selections on Our behalf) will make selections from Social Medial Channels only.
16.3.3 Any selections of Content are made in Our absolute discretion (or the absolute discretion of the company or organisation appointed by Us to make such selections of Content) and We do not accept any liability for an non selection by Us and We will not enter into correspondence in respect of the selection process or any decisions that We may make in respect of Content.
16.3.4 Unless We otherwise specify You are not required to make any purchase from Us in order for Content to be selected. If these terms apply in connection with another activity such as competitions, you will need to meet any purchase requirements in those terms and conditions.
16.4.5 When Content is selected it will be in keeping with Our brand and Our principles and such other criteria as We may apply from time to time.
16.4.6. Where Content contains images of persons those persons must be You and anyone else who has provided their express consent to and acceptance of these terms and conditions. You are responsible for obtaining such consent and must be able to provide it to Us before We will use such Content.
16.5 Content release
16.5.1 Once We have selected Content We will contact You through the Social Media Channel on which it was first located by Us.
16.5.2 You will then have to reply to Us using the same Social Media Channel through which We contacted You using other content We may reasonably require. This response from You is known as the Release. Where You tag Us in any Social Media Channel We may ask You for permission to use Your Content and will not use Your Content in such circumstances unless You give Us such consent.
16.5.3 The Release will act as the release of the Content to Us and Your acceptance of these terms and conditions. If We do not receive the Release from You within 7 days (or such other period as We may specify when We contact You) or if the Release is incomplete or subject to any conditions that You purport to include We will not use the Content.
16.5.4. Receipt of a valid Release does not mean We will automatically use the Content and We may decline to use the Content at any time without providing a reason to You.
16.5.5. We may remove any Content from Our Social Media Channels or Website or Other Media at any time and We do not have to provide a reason for such removal.
16.5.6. We may remove any Content which becomes corrupted or otherwise unsuitable for any reason and We shall not be obliged to obtain a further copy of Your Content from You.
16.5.7 Following receipt of a valid Release We may use the Content on Our Social Media Channels immediately or at such time in the future as We determine.
16.5.8 You agree that where We use Your Content on Our Social Media Channels Your Social Media Channel profile, name and picture can be included alongside Your Content.
16.6 Removal of Content
16.6.1 If You remove the Content from the Social Media Channel from which it is selected and this is linked to Our Social Media Channel You should be aware that this may not necessarily remove it from Our Social Media Channel.
16.6.2 If We have used Your Content on another Social Media Channel, Our Website or in Other Media in such a way that Your deleting it from Your Social Media Channel does not remove it from Our Social Media Channel, Our Website or Other Media then You may contact Us on [ ] and We will remove Your Content as soon as reasonably practicable. We may request You to provide reasonable identification so that We may verify that You are entitled to remove the Content.
16.7 The rights We acquire
16.7.1 When You Release Your Content to Us You hereby grant to Us and any other companies within Our group of companies a non-exclusive, worldwide transferable, royalty free, irrevocable, perpetual right and licence to use Your Content on Our Social Media Channels, Our Website and Other Media. We shall not be required to make any payment to You for the grant of the licence or the use of Your Content.
16.7.2 The licence You grant Us also permits Us to edit, amend, alter, redesign, archive, reproduce, disseminate, display, publicly perform and/or replay and make publicly accessible, as well as to cut and modify Your Content or any parts thereof.
16.7.3 To the extent You are permitted to do so You irrevocably waive any moral rights or equivalent rights of attribution in respect of Your Content and each element of it.
16.7.4 You accept that once We make Your Content available on Our Social Media Channels and Our Website and Other Media it will be possible for third parties to copy and redistribute Your Content. You accept that We have no liability to You in respect of any such copying and/or redistribution of Your Content and irrevocably waive any claims that You may have against Us for such copying and/or redistribution.
16.7.5 You further accept that the removal of Your Content from Our Social Media Channels or Our Website or Other Media (whether by Us or at Your request) will not operate to remove or destroy copies of Your Content previously made by any third parties.
16.8 About You
16.8.1 You must comply with all of these terms and conditions.
16.8.2 In order for Your Content to be used by Us You must be aged 16 or over.
16.8.3 The Social Media Channel from which Your Content is selected is a valid account.
16.8.4 You warrant to Us that:
16.8.5 You are aged 16 or over;
16.8.6 You are not subject to any legal or other restrictions which prevent You from allowing Us to use Your Content;
16.8.6 Your Content has been generated solely by You and it does not copy any other persons’ intellectual property rights or ideas;
16.8.7 Your Content all applicable laws (including the laws of England and Wales and the laws of the country in which You are ordinarily resident), rules, and regulations and does not infringe the copyright, trade mark, trade secret, privacy or other intellectual property or other rights of any third party;
16.8.8. You have and will comply with the terms and conditions of the Social Media Channels through which Your Content is selected; and
16.8.9 Your Content does not contain any harmful code, viruses and other malware and is not intended to interrupt or otherwise impair computer systems and devices.
16.8.10 You are liable for any expenses incurred by You in respect of Your Content, including any payments that are required to be made in respect of the Content.
16.9 Our obligations and limitation of liability
16.9.1 To the extent We acquire personal information about You We will only use such information for the purposes set out in these terms and conditions and not further or otherwise. We will procure that any company or organisation used by Us to select Content also complies with this obligation. Where Your Content has been used in connection with another activity such as a competition Your personal information will also be subject to such additional terms as apply to that other activity.
16.9.2 To the extent We are permitted to do so by law, We accept no liability for any damage, loss or injury suffered by You or any other person in respect of Our use of Your Content .
16.9.3 We may update these terms and conditions from time to time and such updated terms and conditions shall apply to any Content in respect of which We receive Your Release after the date of Our publication of the updated terms and conditions.
16.9.4 These terms and conditions (and any non-contractual disputes or claims which arise out of or in connection with them) will be governed by English law and You submit to the exclusive jurisdiction of the English courts.