1. Overview, Definitions & Interpretations
1.1. This website is operated by Mayfair Furniture Clearance Ltd. We are a Limited company registered in England & Wales under company No. 8089261. Our primary trading address is No. 11 Royce Road, Fengate Industrial Estate, Peterborough PE1 5YB, Cambridgeshire, England. Our VAT No. 139514603
1.2. Throughout this document and site, the terms “we”, “us”, “supplier”, “seller” and “our” refer to Mayfair Furniture Clearance Ltd. Mayfair Furniture Clearance Ltd offers this website, including all information, tools and services available from this site to you, the “user”, “buyer”, “customer”, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1.3. By visiting our site and / or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms & Conditions”, “Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and / or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and / or contributors of content.
1.4. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
1.5. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and / or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes, constitutes acceptance of those changes.
2. General Conditions
2.1. We reserve the right to refuse service to anyone for any reason at any time.
2.2. You understand that your personal information (not including credit or debit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2.3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
2.4. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2.5. We only sell items to adults (those over 18 years of age). If you are under 18, you may use this website only with the involvement of a parent or guardian.
3. Accuracy, Completeness & Timeliness of Information
3.1. We have made every effort to provide accurate images of our products on the website. Despite this we cannot guarantee that your device's display of the colours will accurately reflect the colour of the products. Therefore the use of product images are as a guide only as the actual colours may vary.
3.2. We endeavour to be as accurate as possible with all of the dimension data provided, however these should be deemed to be as guide only as there may be some differences to the measurements indicated.
3.3. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
3.4. We use images throughout the website to illustrate our products in their settings. These images are for illustrative purposes only, and is not an indication that the items are included in the prices shown. It is the buyer’s responsibility to read product descriptions which detail what is included.
4.1. All goods are invoiced using Great British Pounds Sterling (GBP) currency.
4.2. Prices displayed on the website do not include value added tax (VAT) which will be added at the current rate.
4.3. Our prices are based on the costs of goods, materials, custom duties, labour, administration, insurance, storage, transport, maintenance, local and parliamentary rates and taxes.
4.4. Where prices are displayed in alternative currencies, these are for reference only and local price may change according to the current currency rates.
4.5. Prices provided on quotes do not constitute a contract and the price shown is subject to change at our discretion.
5. Modifications to the Service & Prices
5.1. Prices for our products are subject to change without notice.
5.2. We reserve the right at any time to modify or discontinue products or services (or any part or content thereof) without notice at any time.
5.3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5.4. For orders placed online, shipping costs are calculated automatically based on the size and weight of items on your order, the shipping method and the delivery location. Whilst we endeavour to provide accurate shipping estimates through the online order system, it is not always possible. Therefore we reserve the right to modify the shipping price if the online system did not provide an accurate price.
6. Products or Services (if applicable)
6.1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to availability.
6.2. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
6.3. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
6.4. All Goods remain the property of Mayfair Furniture Clearance Ltd until payment has been made in full. No items are dispatched from our premises until the order has been paid in full.
6.5. Payment will only be deemed to have been received once the supplier has cleared funds.
6.6. New table tops provided will be one side use only, the other side may have storage marks or may not match the purchased colour.
6.7. New products have a 1 year warranty on manufacturing faults and or defects. If a fault is reported we may require pictures in order to take further action. The 1 year warranty is a back to base warranty.
6.8. Products may be a little dusty or dirty at times as the boxes will not be air tight, this allows a small amount of airflow and prevents issues from long term storage.
7. Used Goods & Clearance Goods
7.1. All electrical items are sold as not PAT tested, we do not currently offer this service.
7.2. The buyer has the opportunity to view all used goods at our warehouse upon appointment. We recommend all purchasers to view items before purchase. All used, seconds, or refurbished items are sold as seen. Electrical items are tested on site prior to dispatch, and we provide a 1 month warranty on a back to base basis. If a fault occurs withing this period it is the buyer's responsibility to return the item to us for repair / replacement / refund, decided upon a case to case basis.
7.3. Used furniture and clearance items; we operate a strict policy of only purchasing and reselling used furniture from UK based commercial establishments which are required by law to use crib 5 rated fabrics and foam. Due to nature of this kind of business it is not always possible to obtain purchase documents and certificates to prove the crib 5 compliance on used furniture, as such we cannot offer any guarantee on used furniture for compliance to these standards
8. Accuracy of Billing & Account Information
8.1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and / or orders that use the same billing and / or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and / or billing address / phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
8.2. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
9. Optional Tools
9.1. We may provide you with access to third-party tools (such as; tracking information services) over which we neither monitor nor have any control nor input.
9.2. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
9.3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
9.4. We may also, in the future, offer new services and / or features through the website (including, the release of new tools and resources). Such new features and / or services shall also be subject to these Terms of Service.
10. Third Party Links
10.1. Certain content, products and services available via our Service may include materials from third-parties.
10.2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
10.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
11. User Comments, Feedback & Other Submissions
11.1. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
11.2. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
11.3. Email messages from us may contain confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy the e-mail. Please notify us immediately by e-mail if you have received an e-mail by mistake and delete the e-mail from your system.
11.4. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of email messages, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version.
12. Personal Information
13. Errors, Inaccuracies & Omissions
13.1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
13.2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
14. Prohibited Uses
14.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; )c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; &40;e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
15. Formation of Contract
15.1. The quantity and description of goods will be set out via the online shopping cart, a quotation or an invoice. It is the buyer's responsibility to check that all of these details are correct when placing their order.
15.2. Orders placed online constitute an offer by the customer to purchase goods and / or services.
15.3. The contract between us is formed at the point we send confirmation of dispatch by email.
16.1. The supply of items specific to the buyer (see 16.6) are not covered by the United Kingdom’s Distance Selling Regulations and may not be cancelled without the consent of the Seller.
16.2. As a Business to Business seller items are not covered by the United Kingdom's Online and Distance Selling Regulations and may not be cancelled without the consent of the Seller.
16.3. If a cancelled order has already been dispatched and the seller has authorized a cancellation, the buyer will be responsible for returning the items to us and any costs involved in doing so. The value paid for the items will be refunded provided they are in the same condition as when they were dispatched (see 16.4).
16.4. Returned items must be in the same unused and packaged condition as they were dispatched in. If an item has been removed from packaging the buyer is responsible for appropriately repacking them. If goods being returned are not in a condition whereby they can be sold as new, the seller reserves the right to refuse the return of the goods and refund.
16.5. Depending on the specifics of the order the buyer may be liable for administration, and restocking charges to be determined by us on a case by case basis.
16.6. Items Specific to the buyer are and not limited to the following; used refurbished items, specific material, stain, polish applied to goods, non-standard sizes, items built specifically for the buyer, items ordered specifically for the buyer.
16.7. In some cases we accept deposits to reserve items for the buyer. As reserved items will not be sold to other potential buyers, cancelation may cause a loss of earnings, deposits are therefore non-refundable.
16.8. As a B2B (businesses selling to other businesses) seller the Consumer Contracts (formerly Distance Selling) Regulations does not apply as B2B contracts are exempt. If the buyer wishes to cancel an order this must be received in writing either by email or post within 7 days of placing the order. Orders for new products are eligible for a full refund within this period providing the terms of 16.4 have been met. Used / Refurbished Items are sold as seen, if the buyer wishes to cancel an order for used/ refurbished items this must be received in writing either by email or post within 7 days of placing the order, cancellations for used / refurbished items will be accepted at the sellers discretion in which case the items may be returned for an exchange or credit note providing they meet with the terms of 16.4.
16.9. Delivery, Haulage, Courier charges are a non-refundable service.
17.1. The cost of delivering items on your order is not included in the price of the goods. Delivery is an additional service that we provide through a third party service.
17.2. The supplier shall not be liable for any direct, indirect, consequential loss, costs, damages, charges or expenses caused by any delay in the delivery of the goods even if caused by the suppliers’ negligence. Nor shall any delay entitle the buyer to terminate or rescind the contract.
17.3. The supplier may cancel delivery if it deems it to be unsafe, unlawful or unnecessarily difficult to deliver at the delivery address.
17.4. If deliveries are been made on behalf of the supplier by a third party courier, the buyer is to ensure that the delivery note is signed once the goods have been accepted and the condition they are in. If the delivery note is not signed according to the state of the goods received i.e. satisfactory / damaged packaging / damaged items, a claim cannot be made against the courier. If there is not sufficient time to check the goods this must be stated on the delivery note and any damages or shortages reported within 24 hours.
17.5. It is the buyer’s responsibility to check all goods for damages, shortages, errors and report any damages, shortages, errors to us within 24 hours. If we receive no written communication from you within 24 hours of delivery, regarding any problems with the goods, you are deemed to have received the goods in full working order and with no problems, damages, or shortages.
17.6. In order to make a claim for any sort of error you must follow procedure 17.5. If this procedure is not followed we will not be liable for any errors, shortages, or damages. Glass and or Mirrors, whilst we are able to dispatch glass and or mirrors via our usual pallet courier service these items are not covered for damages in transit, we recommend the buyer organises their own collection of this type of item.
17.7. Delivery date is an estimate only.
18. Pallet Courier Service
18.1. We offer a pallet courier service. This is our most common method of delivery, depending on size and quantity of items on your order.
18.2. Pallet deliveries are between 8am and 6pm. It is the buyer’s responsibility to have somebody present to receive the delivery.
18.3. It is important that someone is available to sign for delivery. If not and the driver has to move on, the order will be returned to a distribution hub and a redelivery fee will be required to have the order sent out a second time.
18.4. If an order has been returned to the distribution hub due to a failed delivery and the buyer has paid for a to have a redelivery this must be arranged within 24 hours of the failed delivery otherwise the buyer will be liable for the couriers storage and insurance costs.
18.5. Our Courier will aim to deliver in 1-3 working days.
18.6. The Courier will contact you to book in your delivery, if the courier cannot contact you on the contact number provided by you, this may cause your delivery to be delayed. The book in service is only applicable to our standard delivery service, if you are having a next day delivery service the courier will not attempt to contact you.
18.7. The pallet courier service is delivered on a “to your door basis”. The delivery driver is not insured to take goods into your premises, and will only offload the pallet/s from his vehicle to outside your premises. It is the responsibility of the customer to ensure labour is present to take delivery in to their premises.
18.8. The drivers are asked to provide a courtesy call 30-60 minutes before they arrive although they are not always able to do this.
18.9. It is important to check the delivery for any signs of damage before signing for delivery. If you notice any signs of damage to the order please get the delivery driver to document this before signing. The delivery driver can wait for up to 15 minutes whilst you check your order.
18.10. If the driver will not wait for you to check your order please state on the paper / electronic delivery note that “driver will not wait for us to inspect goods”.
18.11. If you refuse to accept a delivery you will be liable for the charge incurred to have the items returned to our warehouse.
18.12. We endeavour to provide a high quality delivery service and take all necessary measure to prevent damage to goods whilst in transit, however on occasion items can be damaged whilst in the hands of our courier which is why it is important to follow the procedure outlined in 18.9, 18.10. If items are damaged in transit and this procedure has not been followed we will be unable to offer any kind of compensation for damages.
18.13. On occasion local delivery companies upon receipt of pallet delivery may split deliveries in order to fit them on to their local delivery vehicles, therefore it is possible that a pallet delivery may not be on the same number or pallets, or on pallets at all when it reaches it's destination.
19. Booked Vehicle Service
19.1. For larger items and quantities we offer a booked vehicle service. This is a “to your door service” and the buyer is responsible for ensuring that there is sufficient labour present to bring the goods in to their premises.
20. Parcel Courier
20.1. For smaller items or samples we will typically ship using a parcel courier. We will advise the courier being used and advise that the buyer read the relevant terms and conditions for that courier.
21.1. As an alternative to delivery we also offer collection from our warehouse. Collections are by appointment only so please contact us prior to collecting to arrange a collection date.
21.2 If the buyer organises a third party to collect items from our warehouse, that third party will be given the opportunity to check that the items are being received in good condition. Once goods are with a third party organised by the buyer the seller will take no responsibility for loss or damage.
22. Disclaimer of Warranties; Limitations of Liability
22.1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
22.2. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
22.3. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
22.4. In no case shall Mayfair Furniture Clearance Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation; lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
22.5. In the unlikely event of the products have some defects missed by our quality control team, dependant on nature of the issue we may offer a partial refund as compensation. If the partial refund is accepted, the relevant warranty is null and void.
22.6. Materials that are natural products including but not limited to wood are items that can have variations caused by the nature of them being 'natural products' in the event that a complaint arises regarding natural products, this will be treated on case by case basis at the discretion of management.
23. Force Majeure
23.1. If we are unable to fulfil our obligation to you because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
24.1. You agree to indemnify, defend and hold harmless Mayfair Furniture Clearance Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
25.1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
26.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
26.2. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and / or accordingly may deny you access to our Services (or any part thereof).
26.3. Unacceptable behavious policy. All of our staff have the right not to be subjected to agressive, abusive or offensive language or behavious, regardless of the circumstances. Examples of these behaviours include, but are not limited to; threats of physical violence, swearing, inappropriate cultural, racial or religious references; and rudeness, including derogatory remarks. In the event of any of the aforementioned Mayfair Furniture may exercise it's right to terminate service on a case by case basis.
27. Entire Agreement
27.1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
27.2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
27.3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
28. Governing Law
These terms of service and the relationship between you and us shall be governed by and construed in accordance with the Law of England and Wales and Mayfair Furniture Clearance Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
29. Changes to Terms of Service
29.1. You can review the most current version of the Terms of Service at any time at this page.
29.2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
30. Contact Information
30.1. Questions about the Terms of Service should be sent to us at email@example.com.