TERMS AND CONDITIONS

These Terms and Conditions govern the supply of Goods by the Company pursuant to Website Orders. Defined terms are capitalised and definitions appear at the end of this document.

We reserve the right to:

i) change these Terms and Conditions at anytime. Any such changes will take effect when posted on the website and it is Your responsibility to read the Terms and Conditions on each occasion You use this website and Your continued use of the website shall signify Your acceptance to be bound by the latest terms and conditions.

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

1. Access

You are provided with access to this Website in accordance with these Conditions and any Orders placed by You must be placed strictly in accordance with these Conditions.

2. Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of this Website, or the use by any other person accessing the Website using your account and/or Your Personal Information.

3. Contract Process

a) Where You submit Your Order to Us on our Websites:

i. You will receive an electronic confirmation of receipt of your Order and the details of Your Order as soon as is reasonably practicable. You will be notified separately if the Goods are unavailable or if Your Order cannot be fulfilled for any other reason.

ii. We recommend you print and save a copy of this confirmatory email, together with a copy of these Terms and Conditions for your records. Your Order represents an offer by You to Us to purchase the relevant Goods from Us. Your Order is accepted by Us when we send an email confirmation to You. We will send you a further notification email once your Order has been dispatched. The contract between You and Us for the sale of any product will therefore be made and become binding on both You and Us when we accept your Order by email. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time that We send the email to you (whether or not that email reaches You). If We are unable to fulfil your Order for any reason, we will inform you by email and Your Order will be cancelled. Where this is the case, We will either, not process your payment or where We have already done so, offer you a refund or credit your credit or debit card.

iii. If at any time you wish to alter the details of your Order, please use the add /amend order option or please use the Contact Us page. You will not be able to alter the details of the Order once the Order has been placed in Our order processing system.

iv. While We try and ensure that all prices on Our Website are accurate, errors may occur. If We discover an error in the price of Goods You have ordered We will inform You as soon as possible and give You the option of reconfirming Your Order at the correct price or cancelling it. If We are unable to contact You We will treat the Order as cancelled. If You cancel and You have already paid for the Goods, You will receive a full refund.

4. Obligation to Supply

a) We are only liable to supply You with those Goods which:

i. Are in stock at the time of receipt of your Order.

b) Non Acceptance of an Order may be a result of one of the following:

i. The Goods you ordered being unavailable from stock.
ii. Our inability to obtain authorisation for your payment.
iii. The identification of a pricing or product description error.
iv. You not meeting the eligibility to order criteria set out in the main Terms & Conditions.

5. Delivery

a) This Website is only for delivery of Goods to Customers in mainland UK and Northern Ireland addresses. We cannot deliver to the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses, or the Republic of Ireland. Goods supplied will normally be delivered within 3 to 5 working days of receipt of order unless you have selected the “Next Working Day Delivery” option. All Goods must be signed for by an adult aged 18 years or over on delivery.

b) Where we cannot deliver, whether due to a Force Majeure Event or otherwise, in accordance with the timescales envisaged at 5(a) above, we will advise you and give you the option to cancel Your Order or to accept a revised delivery date. We may make a partial delivery of your Order where not all items are available.

c) We will arrange the return of the Goods and issue you a full refund where We are responsible, and You have been charged, for a duplicated delivery.

6. Damage or Loss in Transit Policy

a) We will replace at no extra cost to You any Goods damaged on or before delivery, provided that You notify Us of the damage, by email, as soon as is reasonably possible after receipt of the Goods.

b) Subject to Clause 6(a) above, We will replace at no extra cost to you, any Goods which in Our reasonable opinion have been lost in transit provided that You notify us, by email, if the Goods fail to arrive within 28 days after the anticipated delivery date.

7. Ownership of the Goods

a) Ownership of the Goods will not pass to You until We have received full payment for them.

b) Until ownership of the Goods have passed to You.
i. You are responsible for taking all necessary steps to prevent damage, loss or harm to the Goods and you shall insure the Goods at Your expense and for Our Benefit.

8. Warranty Check

a) Subject to Clause 8(b), We warrant that the Goods are of a satisfactory quality and reasonably fit for their normal purpose. We do not give other warranties in respect of the Goods, their condition or delivery, and any warranties implied by statute are excluded to the fullest extent permissible under law.

b) We do not offer any warranties as to the accuracy or completeness of the information contained in any of the Goods.

c) We make no warranty that the Website will meet Your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Website.

d) These Terms and Conditions do not affect any statutory rights You may have.

9. Payment

a) You will receive an email from us regarding validation of your method of payment. If accepted your credit or debit card will be debited, if rejected you will receive an email informing You that Your method of payment has not been accepted and Your order will be automatically cancelled. You may re-order using a valid credit or debit card, it is Your responsibility to check the validity of Your credit or debit card.

b) All prices are shown in £s sterling and include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise.

10. Intellectual Property Rights

You will not do, or permit to be done, anything that may detrimentally affect Our copyright, trade marks or any other intellectual property rights in the Goods.

This website or any part of this website may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without out express written consent.

11. Cancellation of Order

a) Where You are a Consumer, You may cancel Your Order without giving any reason by notifying us, by email, within 7 working days from the date of receipt of the Goods.

Where Goods are delivered to a third party (e.g. through our Gift Registry service) You will only be able to exercise this right if You are able to return to Us the Goods You ordered.

b) In the event that You are a Consumer and You choose to cancel your Order and return the Goods to Us in accordance with this clause, we will refund the Price, including the delivery fee, to You. You will be responsible for the cost of returning the Goods to Us.

c) However, please note that your right to return Products does not apply to Products which fall into the following categories, unless they are faulty:
i. Goods made to your specification
ii. Mattresses, mattress toppers, duvets, pillows, personal grooming products, cosmetics, pierced jewellery.

12. Electronic Communications

When you visit “Cubehomewares” or send e-mails to Us, You are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13. Privacy

Your privacy is very important to us. Please review Our Privacy Policy which explains how we will use Your personal data which You disclose to Us in the course of Your use of this Website.

14. Variation

These Terms and Conditions are the only terms which apply to this Contract. Any variation to these Terms and Conditions is valid only if it is agreed in writing by a Director of the Company.

15. Headings

The headings used in these Terms and Conditions are for guidance only and shall not affect the interpretation of these Terms and Conditions.

16. Governing Law and Language

a) These Terms and Conditions shall be governed by English Law and shall be subject to the non-exclusive jurisdiction of the English courts.

b) These Terms and Conditions are written in the English language and all notices and communications shall be in the English language. In the event that these Terms and Conditions are translated into another language, the English language text shall prevail.

17. Definitions

In these and any other terms and conditions included in the Contract, the expressions listed below shall have the following meanings:

"Contract" means the agreement between Us and You, which includes these Terms and Conditions, made by Our Acceptance of your Order.

"Conditions" means these Terms and Conditions.

"Customer, (You, Your)" means whoever places and Order for the Goods with us.

"Consumer" means any Customer who is a natural person acting for purposes which are outside his business.

"Force Majeure Event" means any circumstances beyond Our reasonable control, including (but not limited to) accidents, flood, fire, natural disasters, industrial disputes, failure of third parties (i.e. suppliers), riots, war, Government restrictions as a result of which the Goods are unavailable.

"Goods" means any items offered for sale by Us and requested by You in the Order.

"Order" means Your request to purchase any Goods.

"Personal Information" means the details provided by You.

"Price" means that amount quoted in Our current price list from time to time plus delivery costs and any applicable Value Added Tax or other taxes or duties.

"Product" means any items offered for sale on the Website.

"Seller (We, Us, Our)" means Park Lane Promotions Ltd a company registered in England under number 2891516 and whose registered office is at:

The Atrium, Park Street West, Luton, Bedfordshire, LU1 3BE and its authorised representatives and assignees.
Our VAT number is 834862309 and you can contact us here

"Users" means the users of the Website collectively.

"Website" means Our website to be found at www.cubehomewares.co.uk