Terms & Conditions
We reserve the right to amend these Terms from time to time without notice. Any such change in Terms will be effective to all new orders once included in the text of these Terms and published on the Website. You should check the Terms posted on the Website periodically to ensure that you are aware of and comply with the current version.
The definitions and rules of interpretation set out below apply to these Terms.
“Business Day” means a day (other than a Saturday or a Sunday) on which banks are open in Leamington Spa “Shop” means our retail shop, Ember Home, 164 The Parade, Leamington Spa CV32 4AE. “UK Mainland” means those parts of England, Scotland and Wales that are accessible from Leamington Spa without crossing water. The use of the word ‘including’, the phrase ‘in particular’, and equivalent expressions is only intended to illustrate particular examples. Their use, and the use of such examples, is not intended to limit in any way whatsoever the interpretation or construction of these Terms or any other words in these Terms. A party’s obligation not to do something includes an obligation not to permit it or authorise it. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it. Words in the singular include the plural and in the plural include the singular. Condition headings do not affect the interpretation of these Terms. Any obligation to notify Ember Home should be undertaken as soon as possible, by phoning us (01926 889977) and quoting your order number and subsequently by confirming your communication in writing, either by email to [email protected], or alternatively by post to: Ember Home, 164 The Parade, Leamington Spa CV32 4AE.
Section 1 – Ember Home Website Terms & Conditions of Use
Ember Home Website Terms and Conditions of Use’ and General Terms Relating to Our Relationship With You’ (collectively the “Website Terms”) together form a legally binding contract between us and you. Your acceptance of the Website Terms is given when you use the Website.
1.1. We provide the materials contained on the Website as a service to our customers and prospective customers. By accessing the Website and any of its pages, you indicate your acknowledgement and acceptance of the Website Terms as set forth herein without limitation or qualification.
1.2. The Website uses and contains copyright material, trade names and marks and other proprietary information, including but not limited to text, images, photos and graphics, software, databases, videos, music and sound (“Content”). The Content is protected by intellectual property law including, but not limited to copyright law, registered and unregistered trademarks, database rights and other intellectual property rights. Ember Home, its licensors or authorised contributors own the copyright, database right and other intellectual property rights in the selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to it. All such intellectual property will remain the property of Ember Home or any relevant third party as the case may be.
1.3. You may not modify, publish, print, copy, download, reproduce, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content in whole or in part except as provided in these Website Terms.
1.4. You may download information from the Website for your own personal, non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission or that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material. The information and materials contained on the Website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, printed, posted, reproduced, used, sold, transmitted, used to create a derivative work or otherwise used for commercial or public purposes without our prior written consent.
1.5. The Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Certain images and information on the Website are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.
1.6. The material on this Website is not intended for children under 18 years of age.
1.7. You agree to use the Website for lawful purposes only and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by, any other party.
1.8. We do not warrant or represent that use of materials displayed on the Website will not infringe rights of third parties.
1.9. We endeavour to maintain the accuracy of the Website but no warranties or representations are given as to the accuracy, correctness or reliability of the Website or otherwise. We have taken every care in the preparation of the content of the Website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. We make every effort to display the colour of the products as accurately as possible, but as colour reproduction depends on your computer’s monitor we cannot guarantee that your monitor’s display of the colour is accurate to the actual product. To help ensure that you purchase the product of your choice we will endeavour to send out a sample swatch of your chosen colour upon request.
1.10. We make every effort to ensure that the Website is free from defects or viruses. However, due to the nature of the internet we cannot guarantee that your use of the Website won’t affect your computer. In no event shall we or any other person involved in the creation, production or delivery of the Website be liable for any punitive, special, direct, indirect, exemplary, incidental or consequential damages or any damages whatsoever, including but not limited to loss of use, data or profits, or disruption or damage to your computer or other equipment without regard to the form of any action, including but not limited to contract and tort actions (including libel), arising out of or in connection with the access, use, browsing, copying or display of, or the interaction, or any other form of communication with the Website and the information contained on the Website (including via computer viruses or any other form of software).
1.11. Some of the websites listed as links herein are not under our control, but rather are exclusively controlled by third parties. Accordingly, we make no representations whatsoever concerning such websites. Although we may provide a link to a third party, such a link is not an authorisation, endorsement, sponsorship or affiliation by us with respect to such website, its owners or its providers. We are providing these links only as a convenience to you. We have not tested any information, products or software found on such websites and therefore cannot make any representations whatsoever with respect thereto. It is up to you to take precautions to ensure that whatever you select is free of such items as viruses, worms, trojan horses and other items of a destructive nature. In no event will we be liable to any party for any direct, indirect, special or other consequential damages for any use of the Website, or on any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programmes or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
1.12. We reserve the right to change the Website from time to time without notice.
Section 2 – Terms & Conditions of Sale
Ember Home Terms and Conditions of Sale’ and General Terms Relating to Our Relationship With You’ (collectively the “Terms of Sale”) together form a legally binding contract between us and you. The contract is formed upon issue of your Sales Order Acknowledgement. Your Order goes into process as soon as the Sales Order Acknowledgement has been confirmed and whether your Goods are to Ember Home specification or Custom Made Goods, the process of allocating or ordering materials to create your Goods begins immediately. We ask you to choose carefully, match your colours where necessary and measure any areas you think may be a problem prior to placing your Order.
- The following definitions apply to these Terms of Sale:
1.1. Commercial Order: an order for Goods which are for non-domestic use and/or where the purchaser is a business.
1.2. Custom Made Goods (or ‘Specials’): bespoke Goods i.e. Item not a standard offer within our current portfolio.
1.3. Order (or ‘Sales Order’): your offer to purchase Goods from us.
1.4. Outlet Goods: Goods purchased from the Ember Home factory outlet or the ‘Outlet’ section on the Website or any other Ember Home outlet which may operate from time to time.
1.5. Sales Order Acknowledgement (“SOA”): The document entitled ‘Sales Order Acknowledgement’ which confirms that we have accepted your Order, subject to the details enclosed within. For Outlet Goods purchased from the Ember Home factory outlet only: the ‘Sales Order’ paperwork is the SOA.
- Basis of Sale
2.1. We shall sell and you shall purchase the Goods in line with any SOA. Your confirmation of the SOA details is given upon receipt of the SOA unless you notify us otherwise within 7 days of the SOA issue date. See clause 3.2 below.
2.2. Any typographical, clerical or other error or omission in any sales or marketing literature, quotation, price list, SOA, invoice or other document or information issued by us shall be subject to correction at our discretion without any liability on our part. This includes but is not limited to errors in the calculation of a discounted price. We shall have the right without any liability whatsoever to refuse or cancel any Order or SOA that states an incorrect price. We shall have the right to refuse or cancel any such Order whether or not the Order has been confirmed and you have paid in part or in full. If a payment has already been made for a cancelled Order then we shall issue a refund of the amount paid. This does not affect your statutory rights.
2.3. All advice or recommendation provided by us or our employees as to the care, maintenance or use of the Goods which is not confirmed in writing by Ember Home is followed or acted upon entirely at your own risk. Consequently, we will not be liable for any such unconfirmed advice or recommendation.
- Orders and Specifications
3.1. All items displayed or promoted as being available for sale are subject to availability.
3.2. Responsibility lies exclusively with you for ensuring the accuracy of the details of any SOA (including but not limited to your contact details, delivery address, description and quantity of Goods) and for giving us any necessary information within a sufficient time to enable us to successfully deliver the Goods to you.
3.3. All drawings, descriptions, illustrations, samples, weights and dimensions provided whether on the Website, in the Shop or on other marketing materials are approximate and intended for general guidance purposes only and their accuracy cannot be warranted by Ember Home. Photographs are for illustrative purpose only, and may not exactly match the product itself. Notwithstanding any pending Orders, we reserve the right to alter sizes, specifications and to make any changes or discontinuations to our products and product ranges without prior notice.
3.4. All materials are sold subject to natural variations in colour, markings and texture.
3.5. All Commercial Orders and Orders for Custom Made Goods must be specified in writing and are subject to our express acceptance. With respect to Custom Made Goods produced according to your specifications, your submission of any design specifications to us shall constitute an assignment to us of all worldwide rights, titles, and interests in all copyrights, design rights and other intellectual property rights in the specifications and furthermore you shall defend us at your expense and pay all costs and damages of any kind (including our legal fees) incurred by us as the result of any suit or other legal proceeding against us for infringement of any patent, trademarks, copyrights, design rights or other rights by reason of use of such specifications, provided we promptly notify you of such claim of, or suit for, infringement and tender the defense thereof to you. Additionally, at our option, we may be separately represented in any such suit at our own expense.
- Price of Goods
4.1. The price as stated on the SOA is the set price for the Goods. Any product prices shown on the Website and in the Shop are UK retail prices inclusive of VAT. They do not include any delivery charges. Any promotions, discounts or special offers displayed will only be applicable for orders placed at the time of such display.
- Payment & Finance
5.1. A minimum 20% deposit is required upon Order, with the balance payable by 1 week prior to delivery.
5.2. Custom Made Goods: A minimum 50% deposit is required upon Order, with the balance payable by 1 week prior to delivery.
5.3. Commercial Orders: A minimum 50% deposit is required upon Order, with the balance payable by 1 week prior to delivery.
5.4. For all Orders, Goods will not be dispatched until full payment has been received.
- Cancellation of an Order
6.1. Cancellation by you, prior to delivery:-
6.1.1. In the event that you wish to cancel an Order in full or in part then you should notify us as soon as possible. See clause 8.16 for our refunds policy.
6.1.2. Cancellation of Goods or deliveries within 3 Business Days of a Scheduled Delivery will incur a charge of £45 (except where Distance Selling Regulations stipulate otherwise).
6.1.3. In the case of Custom Made Goods or a Commercial Order you will not have the right to cancel the Order once the SOA has been confirmed. If you do wish to cancel all or part of an Order for Custom Made Goods or a Commercial Order at any time after SOA confirmation then you will remain liable to pay for the Goods in full.
6.1.4. In the case of Outlet Goods you have no right to cancel the Order once it has been placed (except where Distance Selling Regulations stipulate otherwise).
6.2. Cancellation by you, after delivery: Please see clause 8 ‘Ember Home Returns Policy’.
6.3. Cancellation by Ember Home: we reserve the right to cancel your Order (in full or in part) at any time due to any reason whatsoever including but not limited to the discontinuation of Goods or an inability to source the materials to make your Order within a reasonable time. We will notify you via the contact details provided on the SOA. Any payments made for such cancelled Goods will be refunded. Ember Home will not be obliged to offer any compensation.
- Delivery & Acceptance
7.1. Delivery of the Goods occurs when we have delivered the Goods to the delivery address as stated on the SOA.
7.2. The product prices displayed do not include delivery. The delivery charges can be viewed on the Website in the Delivery Calculator section. Please note that this delivery calculator does not apply to Commercial Orders and certain Custom Made Goods and an estimate or a quote will be provided, as applicable.
7.3. The delivery charge shown is applicable for furniture and for ‘furniture plus accessories’. Accessory-only orders may be subject to smaller delivery charges unless they are excessive in size and thus will be treated as ‘furniture’.
7.4. Your furniture will be delivered by one of our own friendly, courteous delivery teams. However, smaller, manageable items may be dispatched via a third party carrier and, if this is the case, we will notify you of such in advance – these deliveries will require a signature on delivery. If no one is available to accept the delivery then collection can be made from your nearest depot. Occasionally we may use a carefully selected third party for the delivery of our furniture to you.
7.5. It is your responsibility to:
- a) advise at the time of Order if there are any vehicle size or access restrictions which may affect the delivery; and
- b) provide non-slippery protection for your floors (both for carpets and wooden flooring) from the front door to the final placement of the Goods. We cannot carry enough protective sheeting for all our deliveries. Ember Home cannot be held responsible for damage to floors or carpets if they are insufficiently protected; and
- c) Ensure that the access to the area and the area itself for the Goods to be installed is clean and clear of obstruction prior to our arrival. We are not responsible for moving any existing furniture or any other objects. We will not take any unwanted furniture or other objects away for disposal.
Please note: Our regular delivery schedules run on Mondays-Fridays. The delivery teams run to a tight schedule and we appreciate your assistance and cooperation in the above. Severe weather conditions may affect deliveries and this is beyond our control.
7.6. Delivery charges include installation where required, i.e. assembly of your new furniture ‘in situ’. Installation does not include the mounting of mirrors or pictures on a wall. Where it is agreed that we shall install the Goods, then we will do so as soon as practicable after delivery, and usually at the same time as delivery. Except in cases of negligence we will not be liable for any loss or damage suffered by you as a result of us installing the Goods or in the event of any delay in installing the Goods. For the avoidance of doubt this includes, but is not limited to, any loss of earnings through a cancelled, failed or otherwise unsuccessful scheduled delivery arrangement.
7.7. We will use reasonable endeavours to complete delivery on or before any delivery dates which you have requested or we have estimated at the time of placing the Order. If no dates are so specified, delivery shall be within a reasonable time. Any dates that we specify for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. We shall not be liable for any delay in delivery of the Goods howsoever caused. If delivery cannot be achieved within the specified time, you will have the option of cancellation of the Order. We will not be obliged to offer any compensation for disappointment suffered. Upon giving reasonable notice to you, we may deliver the Goods in advance of the stated delivery date.
7.8. You shall accept a mutually pre-arranged delivery time/date (“Scheduled Delivery”) and you are responsible for ensuring that (i) you provide adequate delivery instructions, and (ii) appropriate access is available to the delivery team and their vehicle, and (iii) you, or a responsible adult on your behalf, are present to accept the delivery. If you are the cause of a failed delivery attempt, either due to failure on your responsibilities above or for any other reason whatsoever, then we reserve the rights to:
7.8.1. charge you for the unsuccessful delivery attempt; and
7.8.2. charge you for the costs (including insurance) of storing the Goods until actual delivery; and
7.8.3. charge you for a redelivery, if applicable.
Any charges levied under this clause 7.8 are for the provision of an extra service and are non-refundable.
7.9. If you wish to change the delivery date once it is agreed then please give us no less than 3 Business Days notice prior to delivery. Notice within 3 Business Days of a pre-arranged delivery time/date will incur a rescheduling charge of £45.
7.10. Responsibility for inspecting the Goods upon delivery rests solely with you. You shall examine the Goods upon delivery and shall promptly (in any event within 14 days of delivery) notify us of any apparent damage, defect or shortages. We shall act promptly to resolve the issues.
7.11. Your failure to notify us otherwise within a reasonable time will result in you being deemed to have accepted the Goods. After acceptance you shall not be entitled to reject Goods in return for a refund, although you may be entitled to a repair or replacement of Goods in accordance with clause 10.
- Ember Home Returns Policy, Exchanges & Amendments to Orders, Faulty Goods, Refunds
8.1 You may return Goods totally free of charge* by notifying us at the time of delivery by our delivery team and allowing the delivery team to bring the Goods back with them. A refund for the returned Goods will be given and any delivery costs you have paid to us will also be refunded* where the complete Order as detailed on a single SOA is returned, i.e. the Order is cancelled. Please note, a decision to return Goods under this clause must be made promptly upon delivery (and installation if applicable/required) and if you make a request for the delivery team to wait then the wait time must be reasonable, and for the avoidance of doubt a maximum of a 15 minute wait is reasonable notwithstanding that any agreement to wait is at the total discretion of the driver and must not put the remainder of their daily schedule at risk
8.2 You may return Goods by notifying us within 14 days of delivery or collection and:
8.2.1. A refund for the returned Goods will be given and in the event that the complete Order as detailed on a single SOA is returned i.e. the Order is cancelled then any delivery costs you have paid to us will also be refunded*; and
8.2.2. You are required to return the Goods to us at your expense and in accordance with clause 8.6. If you wish we will organise collection of the Goods, in which case a collection charge will apply, calculated at the standard delivery charge to your area.
8.3. After 14 days without us receiving such notification as stated above you shall not be entitled to a change-of-mind refund for returned Goods.
8.4. Faulty Goods which do not conform to the contract may be returned prior to acceptance for a full refund. Following acceptance, if you do find a fault within your Goods we request that within 7 days of such discovery you provide notification to us with a description of the fault including photos if possible and that you cease using the Goods. We shall act promptly to resolve the issue in accordance with your statutory rights, however please note that we shall not be liable if you continue to use the Goods or if you attempt to alter or repair the Goods without our written consent. There are no circumstances in which you can reject the Goods on the basis of defects or failures which are so slight that your rejection would be unreasonable.
8.5. You may exchange Goods free of charge* by notifying Ember Home of your intent within 14 days of delivery by Ember Home (or collection of the Goods from Ember Home, if applicable), subject to the conditions of clauses 8.6- 8.11. The Goods to be exchanged must be specified at the time of notification to Ember Home, otherwise it will be classified as a return (see above) followed by a new Order. We endeavour to collect the returning Goods and deliver the exchange Goods at the same time (please be aware that this may require you to store the returning Goods safely, unused and undamaged for a reasonable period of time).
8.6. Excepting clause 8.4, Goods must be returned in the same condition as delivered to you and must not be used. For the avoidance of doubt, any free gifts issued with the returned Goods are also to be returned. The Distance Selling Regulations require that you take reasonable care of any item that you might wish to return. You, as the buyer, have a duty of care for the product whilst it is in your possession. You are the owner of the Goods once delivered to you and you are liable for any loss or damage. Failure to take reasonable care may result in a claim against you. To minimise the risk of any such claim we ask that you cover the Goods to protect from any damage, retain the original packing where applicable and use this when returning the Goods. Specifically, please do not remove the wrapping from a mattress unless you are sure you intend to keep it.
8.7. Where applicable you must make the Goods available for collection within 14 days of notifying us of your wish to return the Goods. Your collection will be scheduled for a Monday-Friday when we have a delivery team in your area.
8.8. Exchange Goods are not subject to the same promotional offers as the original Goods unless the promotion is still active. Any excess payment due must be made prior to delivery of the exchange Goods.
8.9. No refunds or exchanges will be given on Custom Made Goods or Commercial Orders unless there is a manufacturing defect or the Goods are not as specified on the SOA.
8.10. No refunds or exchanges will be given on Outlet Goods (except where Distance Selling Regulations stipulate otherwise).
8.11. Goods will be exchanged without incurring a collection/delivery charge* except in the event that (i) you collected the original Goods but require collection/delivery for the exchange in which case a delivery charge will apply; or (ii) you received free delivery for the original Goods in which case a delivery charge will apply for the exchange of Goods. Your original delivery charge will not be refunded. Delivery/collection charges will apply for subsequent returns and exchanges.
8.12. Gift vouchers can be returned for a refund within 7 days of receipt by the buyer where they have been purchased via the Website or by phone. Otherwise they are non-refundable
8.13. If you wish to add Goods to an existing Order then Ember Home will use reasonable endeavours to fulfil your request. Such additional Goods are not subject to the same promotional offers as the original Goods unless the promotion is still active. Any excess payment due must be made prior to delivery of the additional Goods and extra delivery charges will not apply where:
- the supply of such additional Goods can be included within a delivery for the original Order, whether scheduled or not, without causing any delay, complications or extra costs (at our own discretion). In this case a subsequent return or exchange of such additional Goods shall be treated as a return or exchange of Goods within the original Order.
- such additional Goods can be included within a collection or exchange visit for the original Order, whether scheduled or not, without causing any delay or complications or extra costs (at our own discretion). In this case any subsequent return or exchange of such additional Goods shall incur a collection charge (equal to a new order delivery charge).
8.14. If you wish to add Goods to an existing Order and, despite reasonable endeavours to fulfill your request, Ember Home are unable to deliver the additional Goods within an existing/planned visit then the additional Goods will be treated as a new Order and a delivery charge will apply as normal.
8.15. The contract is based upon the Goods being located at the delivery address as stated on the SOA. In the event of the location changing at any time then we reserve the right to charge you for any excess in costs reasonably incurred by us as a direct result of such change in location of the Goods, whatever the reason including but not limited to collections or service visits in the event of faulty Goods.
8.16. Any refunds will be made as soon as reasonably possible after agreement by Ember Home to make the refund and in any case within 30 days at the latest. Refunds of payment or deposits for Goods will be given at the value paid (using the same payment method as used for the payment) minus any charges levied in accordance with these Terms.
* UK Mainland only. Outside of UK Mainland delivery charges and collection charges apply for all Orders, returns and exchanges and these are not refundable (except where Distance Selling Regulations stipulate otherwise); additional items to an existing delivery or collection will be charged where there are extra costs involved for Ember Home. Deliveries which are not made by the Ember Home delivery team are excluded from the free returns policy except where Distance Selling Regulations stipulate otherwise.
- Risk and Retention of Title
9.1. Ownership (“Title”) of all Goods shall remain with Ember Home until both (i) full payment has been received and (ii) the goods have been either collected or successfully delivered.
9.2. Risk in Goods (including damage & loss) shall pass to you at the time when you collect the Goods or when we deliver the Goods or, if you wrongfully fail to take delivery of the Goods, at the time when we have tendered delivery of the Goods.
10.1. Your Goods are guaranteed such that should any structural or manufacturing fault occur during the guarantee period then we will either repair or replace (at our own discretion) the faulty items free of charge, subject to the terms and conditions set out in this clause 10.
10.2. The guarantee applies to UK Mainland only.
10.3. We shall have no liability whatsoever in respect of this guarantee if any sum owing by you to us has not been paid.
10.4. The guarantee period begins on the date of collection/delivery and is dependent upon the furniture type, as set out here:
- a) 1 year guarantee period: All Ember Home -brand 100% wooden furniture e.g. dining tables, outdoor tables, wooden benches, wooden beds (excluding mattresses), wardrobes, chests, cabinets, blocks, coffee tables, timber-framed mirrors, bedsides, bookcases, cube units.
- b) 1 year guarantee period: All Ember Home -brand leather-, hide- and fabric-covered sofas, armchairs, mirrors and benches.
- c) 1 year guarantee period: All Ember Home -brand leather-, hide- and fabric-covered dining chairs, occasional chairs, cubes, pods and footstools.
- d) Any Goods which are not listed above have a 1 year guarantee. Mattresses have a 1 year guarantee. Fabric (whether incorporated into an item or not) has a 1 year guarantee. Non- Ember Home -brand items carry the manufacturer’s standard guarantee (usually 1 year).
10.5 Guarantee Exclusions:
- a) Your Goods are guaranteed for normal domestic use, and not for commercial use.
- b) Your Goods require some routine maintenance – see Caring for your Ember Home furniture. Please take care to treat your furniture like the fine product it is. Proper care and use are essential to preserving your rights under this guarantee. We will not replace or repair your furniture if improper maintenance or improper use causes damage. This guarantee does not apply if your product is damaged by the use of detergents, abrasives or other harsh cleaning agents.
- c) Wood has certain natural characteristics such as shrinkage, swelling, hairline cracks and minor movement due to changes in temperature and humidity. These may appear and disappear with the changing weather conditions. This will not affect the durability, serviceability or lifespan of your furniture and normal movement within wood is completely normal. These natural movements are not a structural defect and are therefore not covered under this guarantee.
- d) Genuine leather contains natural characteristics that unmistakably distinguish it from imitation products – we love it for this! Individual hides or skins may display small markings such as healed scars, insect bites and growth wrinkles and will often show slight variations in surface colour and grain texture, the prevalence of these characteristics differs for each leather type. We actively source what we consider to be interesting hides and we do not consider these markings to be defects. Such markings and characteristics are excluded from the guarantee, however unused Goods may be returned within 14 days under clause 8 ‘Ember Home Returns Policy’.
- e) Naturally, fair wear and tear in normal domestic use is excluded. Please don’t be worried by this, it is a usual guarantee exclusion and all that it means is, for example, that we will not replace a table that is 14 years old because it looks used – that’s fair isn’t it?!
- f) Keep indoor furniture out of direct sunlight. The ultraviolet rays of the sun can damage and fade fabrics, leathers and wood – such damage is excluded.
- g) Keep indoor furniture in and keep outdoor furniture out. The Goods are designed and built to suit their intended environment and thus are only guaranteed for such use.
- i) The guarantee does not apply to Outlet Goods, Tailor-made / Bespoke Goods and Commercial Orders.
10.6. The guarantee given by Ember Home shall only apply to the original purchaser as named on the SOA paperwork. It is not transferable or assignable.
IMPORTANT: Keep your paperwork safe! When you purchase your Goods please keep your SOA paperwork safe. This will contain your Order Number, which must be quoted in order for your guarantee to be valid. If you wish to make a claim under the guarantee please follow the process shown on the Website.
- Outlet Goods
11.1. Outlet Goods include imperfect and damaged stock, returns, discontinued and clearance items. No guarantee is provided with Outlet Goods.
11.2. Subject to clause 11.3, Outlet Goods are ‘sold as seen’ and are not returnable or exchangeable unless a defect exists or develops within 12 months from collection/delivery which (i) was not noticeable or reasonably foreseeable upon visual inspection at the time of purchase and (ii) renders them unsuitable for the purpose intended at the time of purchase. No refund will be given, in whole or in part, unless such defect exists or develops.
11.3. Outlet Goods protected by the Distance Selling Regulations may be returned or exchanged in accordance with clause 8 ‘Ember Home Returns Policy’.
11.4. Gift Vouchers are not redeemable against Outlet Goods.
- Domestic Use
12.1. Ember Home Goods are sold for domestic use only. Any other intended use should be declared at the time of placing the Order and may be subject to alternative terms & conditions of sale. Ember Home takes no responsibility for, and will not incur any liability in respect of Goods which are used for purposes other than domestic without you having informed us at the time of placing your Order.
Section 3 – Ember Home Competition Terms & Conditions
Ember Home Competition Terms & Conditions’ General Terms Relating to Our Relationship With You’ (collectively the “Competition Terms”) together form a legally binding contract between us and you. Your acceptance of these Competition Terms, plus any competition-specific terms & conditions stated or referenced on the competition marketing materials, if applicable, is given when you enter the competition.
- To take part in Ember Home competitions (including free prize draws), entries must be received by us by the specified competition closing date.
- Winners will be chosen at random from all valid entries and notified within two weeks of the closing date.
- Winners will be notified by us via email, to the email address provided. The winner notification email will give details of how the prize can be claimed. The prize must be claimed within 30 days from the date of notification.
- Prize must be taken or accepted, as applicable, no later than 2 months after notification of winning. Delivery of the prize is to the UK Mainland address as given on the entry form.
- Competitions are open to UK Mainland residents only and all entrants must be over 18.
- Entry to the competition is restricted to one entry per household.
- Automated entries, bulk entries or third party entries will be disqualified.
- Multiple entries will be disqualified.
- Proof of posting is not proof of receipt.
- Correctly completed entries only can be accepted.
- Delayed, damaged, lost, incomplete or illegible entries are not eligible for entry and will not be entered.
- Once entered you will be agreeing to receive marketing promotions from Ember Home.
- Ember Home reserves the right to verify the eligibility of all entrants and disqualify any entry which is not in accordance with these Competition Terms.
- No prize will be awarded as a result of improper actions by or on behalf of any entrant.
- The prize is non-transferable and no cash or prize alternative will be offered.
- Ember Home reserves the right to substitute a prize of equal or higher value in the event of unforeseen circumstances.
- Ember Home’s decision is final and no correspondence will be entered into.
- Winners may be requested to take part in post-event promotional activity.
- Ember Home reserves the right to feature photographs and the names and home towns of prize winners in future publications and publicity.
- Winner’s details will be available via the Ember Home marketing team, please email [email protected] one month after the closing date.
- This promotion is not open to employees of Ember Home, their families or anyone connected with the promotion.
- Ember Home is compliant with the Data Protection Act. Our policy is such that we will not pass on your personal details to any third party without your prior consent.
- The promoter is Ember Home Furniture Limited.
Section 4 – General Terms Relating to our Relationship With You
This Part 4 sets out some general terms that govern our relationship with you.
- Intellectual Property:
1.1. ‘Ember Home, logos are trademarks of Ember Home. All other trademarks displayed on the Website and in our other marketing materials are the property of Ember Home unless otherwise designated or clearly implied as belonging to third parties. Nothing contained at the Website or elsewhere shall be construed as granting by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright (except as expressly stated above) or proprietary rights of Ember Home or of any third party.
1.2. Intellectual property rights including but not limited to copyright exist in all of our designs. We believe we have a duty to our customers and to ourselves to vigorously defend these rights when an infringement comes to our attention. For the avoidance of doubt, the copying of our products or the use of our designs to create a derivative work is not permitted and is an infringement of our rights by law.
1.3. You acknowledge that you have no rights in respect of any of the Intellectual Property (including but not limited to any copyright works, inventions, domain names, patents, web-rights, online rights, registered design, trademark, confidential information, know-how, show-how or other industrial or intellectual property right registered or unregistered) of Ember Home in respect of any of Ember Homes’s products or those of its suppliers (collectively the “Products”). You agree not to reproduce or cause to have reproduced any of Ember Home’s Products or designs.
- We accept no responsibility for any off-Website pages or any other sites whether linked or not to the Website including but not limited to the developing, manufacturing and marketing of products using such information.
- Ember Home is compliant with the Data Protection Act. Our policy is such that we will not pass on your personal details to any third party without your prior consent. We reserve the right to feature photographs and the names and home towns of Ember Home competition prize winners in future publications and publicity, including but not limited to the Website.
- In the event of a recommendation or endorsement made by Ember Home then such recommendation or endorsement is the personal opinion of certain Ember Home employees and Ember Home takes no responsibility for, and will not incur any liability in respect of such recommendation or endorsement. The use of such a recommendation or endorsement is entirely at your own risk.
- You may not assign your rights and obligations under these Terms either in whole or in part. However, Ember Home may assign its rights and obligations under these Terms either in whole or in part.
- No third parties shall have rights to enforce any part of the Terms under the Contracts (Rights of Third Parties) Act 1999.
- Variations to these Terms shall only be binding where they have been agreed in writing by us.
- We will not be responsible for the performance of any obligations under these Terms in the case of an event outside of our reasonable control (force majeure), including but not limited to strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment.
- No delay or failure by us in enforcing any provision of the Terms shall constitute a waiver of that provision or any other provision. No waiver by us of any breach of the Terms shall be considered as a waiver of any subsequent breach of the same or any other provision. No waiver by us shall be effective unless in writing.
- If any provision of these Terms is held by any competent authority to be invalid or unenforceable, in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
- Except where expressly stated otherwise, references to any statute, legislation, code of practice or other regulation includes any amendment, modification or re-enactment and instruments and regulations under it in force from time to time.
- Your statutory rights are not affected by these Terms.
- These Terms and the Website are governed by English law and the English courts shall have exclusive jurisdiction in respect of the same.