WELCOME TO THE MFP FURNITURE LTD WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.mfpfurniture.com BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US.
THIS WEBSITE IS ONLY FOR THE DELIVERY OF PRODUCTS TO CUSTOMERS IN ISLE OF MAN ADDRESSES ONLY.
1.1 You will be able to access the MFP Furniture Website without registering your details with us. It is only for the purpose of paying that you are required to register your name, address and contact details. All payments via the Website are made via PayPal, Credit/Debit card or cash prior to despatch or on despatch providing the order value does not exceed £500. Order values above £500 will require a non refundable deposit when paying by cash. We will contact you in order to make the necessary arrangements.
1.2 We may revise these terms and conditions at any time by updating this posting. You are advised to check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2. ORDERING FROM US
2.1 An order is placed with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an email confirmation, detailing the products you have ordered. Please note that this email is not an order acceptance from MFP Furniture Ltd. We take payment from your card at the time we receive your order.
2.2 Our acceptance of an order takes place when we dispatch the order. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that the order can not be accepted or you have cancelled. The delivery of goods must be signed for by an adult aged 18 years or over
2.3 We reserve the right to refuse an order:
(a) Where goods are not available;
(b) Where we cannot obtain authorisation for your payment;
(c) If there has been a pricing or product description error; or
(d) If you do not meet any eligibility criteria set out in our terms and conditions.
2.4 Delivery charges, if applicable, and estimated delivery timescales are quoted when you place an order and/or by telephone/email on request. We make every effort to deliver goods within the estimated timescales; but unfortunately, delays are sometimes inevitable due to unforeseen factors. Under these circumstances MFP Furniture Ltd shall be under no liability for any such delay or failure to deliver the products within the estimated timescales.
2.5 MFP Furniture Ltd shall not be liable for any loss, economic or loss of profit or otherwise, arising directly or indirectly from any delay in the delivery of the goods. Furthermore, a delay does not entitle the buyer to terminate the contract.
3.1 The price you pay is the price displayed on this website at the time we receive your order apart from the following exception:
a) while we try and ensure that all prices on our website are accurate, unfortunately 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 canceling it. If we can not contact you the order will not be processed. If you cancel and you have already paid for the goods, you will receive a full refund.
3.2 Where we charge separately for the delivery option and possible other relevant charges, the appropriate rates are available via the website or on request.
3.3 Our prices are reviewed and updated periodically. All prices displayed are shown in £s sterling and include VAT at the applicable current rate but may exclude any delivery costs.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order you may notify us by email to firstname.lastname@example.org before we have dispatched the goods/or collected and we will give you a full refund of the amount paid or an exchange credit as required, providing that the goods were in stock at the time of order.
4.2 It is the customer’s responsibility to check all goods within seven days of collection/receipt and inform us of any loss, damage or missing goods to their order. Thereafter, no liability shall be taken for products damaged or missing.
4.3 The rights to return the goods to us will not apply in the event that the product has been used.
4.4 Unfortunately, goods returned for any reason is the responsibility of the customer.
4.5 Occasionally the product specifications from the manufacturer may change. Should this be the case we will do our best to offer you a substitute of the same or better quality at the same price. (All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible).
The provisions of this clause 4.3 do not affect your statutory rights.
5.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
6.1 While we endeavor to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the Isle of Man or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the MFP Furniture logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any MFP Furniture trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
9.1 To register with www.mfpfurniture.com you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
10.1 While we endeavor to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
10.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
11.5 Liability under these Terms & Conditions shall be limited to replacing the goods in question or refunding the price of such goods.
12. GOVERNING LAW AND JURISDICTION
12.1 These Conditions shall be governed by and construed in accordance with the laws of the Isle of Man and the Customer submits to the jurisdiction of the Manx Court.
.12.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the Isle of Man. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the Isle of Man, you do so at your own risk and you are responsible for compliance with local laws.
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
13.2 The products we offer are on the basis that they will be used for domestic use only. We do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition. Please ensure that you are covered by the appropriate insurance if you are planning to use the products for business purposes. Should the products be used in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products being used in the course of a business shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud).
13.3 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
13.4 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.