Terms and Conditions of SaleTERMS AND CONDITIONS OF SALE FOR ONLINE CUSTOMER ORDERS
Everyone at Habitat shares a commitment to make sure that you are pleased with your goods and with the service you receive. These are our conditions of sale and you should read them carefully as they apply to your order. We ask you to review your order and accept these terms and conditions of sale during the registration process. Please note these conditions of sale are for online customers only and if you have placed an order in one of our stores you should refer to the printed copy of the conditions of sale you received when confirming your order.
INTRODUCTION
1. The supplier of the goods under your order is Habitat UK Limited (Habitat) whose registered office is at 42-46 Princelet Street, London, E1 5LP (company number 00548030). All communications must be made to onlineservices@habitat.co.uk2. When you order goods from us a contract will be formed when you receive a copy of your email order confirmation. If your order is placed over telephone, a contract will be formed once you receive an order confirmation.
3. If you want to change your order (including the arrangements for delivery or collection), you must contact us immediately as any changes may delay the delivery of your order. To cancel your order or any part, please see ‘YOUR RIGHTS TO CANCEL YOUR ORDER’ clause below.
4. If you purchase the same goods under two or more orders, we cannot guarantee that the goods supplied will be from the same batch and be an exact colour match.
YOUR HABITAT ACCOUNT AND PASSWORDS
You are responsible for the confidentiality and maintenance of your personal account information and password. You accept responsibility for all activities which occur under your account and password. It is important that you keep your personal details and password confidential and secure, if you have any reason to suspect that your password has become known to someone else, has been or is likely to be used without your authorisation you should contact us immediately. Habitat shall not be liable to any person for any loss or damage as a failure by you to protect your password or account details.
Habitat reserves the right to refuse access to the website, terminate personal accounts, amend and remove content and cancel orders (at no cost to you).
Your account contains all of your order history, your delivery details, address book, and e-mail preferences.
You can see and edit any of this information by logging in using your username and password.
We do not store any credit card information online.
REGISTRATION
You guarantee that when you register with us as a customer all of the information which you provide is true, accurate and up to date. If any of the information provided changes you must inform us immediately by contacting our online service team onlineservices@habitat.co.uk or by calling 0844 499 4686
You must not impersonate any other person or entity or use a false name or a name which you do not have authority to use. You must not use the website in any way which will cause or is likely to cause the website to be impaired, damaged or interrupted in any way.
PRICE AND PAYMENT
5. The price for the goods (including any applicable delivery charges) is as set out in the order confirmation. Extra delivery charges may apply – see ‘EXTRA DELIVERY CHARGES’ clause below.
6. You must pay in full for the goods (including any applicable delivery charges) at the time of placing your order.
7. Ownership in the goods we supply to you will not pass until we have received all sums due and payable by you for or in connection with the goods, including (where applicable) delivery charges.
YOUR RIGHTS TO CANCEL YOUR ORDER
Where goods are defective or not as described – then please see ‘QUALITY’ clause below and nothing in this section limits your rights where goods are defective or not as described.
8. Where you have ordered your goods by e-mail or telephone, you may cancel your order at any time within 7 working days (not including weekends or bank holidays in England) beginning on the day after you receive the goods.
9. Selected upholstery items are made-to-order. These goods are produced only upon the request and confirmation of your order. All goods noted as made-to-order on our website are subject to a cancellation charge of, but no more than 20% of the price of the goods as it is unlikely we will be able to sell those goods on at full price. This will be deducted from any refund due to you.
10. Cancellation must be by the person who placed the order. If you cancel by telephone, we will need to be satisfied that you are the person who placed the order.
DELIVERY
11. a) Furniture and oversized product (“Furniture”) home deliveries are made by the delivery company Ceva Logistics. Delivery cost for these items amounts to £50 per delivery. Most deliveries are made Tuesday to Saturday between 7am – 6pm. Delivery is only available to mainland UK.
b) Our standard delivery items will be made by a standard parcel courier. All deliveries will be made Monday to Friday between 9am and 6pm. Delivery cost for standard items (excluding Furniture) amounts to £4.95 per delivery. Delivery is only available to mainland UK.
Please note, if you order Furniture and standard items, you will receive multiple deliveries from our separate delivery services but you will only be charged once, for the delivery of Furniture.
12. At the time of placing your Furniture order, you will have been informed of the approximate timescale for contact by our home delivery company regarding your delivery or collection. For a Furniture item that is in stock, we will contact you to arrange an appointment for delivery within one week of receiving your order. For an item that is not in stock or that is made-to-order, our home delivery company will contact you to arrange an appointment for delivery once we have received that item in our warehouse.
EXTRA DELIVERY CHARGES13. The delivery service can only deliver through a ground floor or basement entrance which is close to a road suitable for delivery access. You must tell us when placing your order in the provided field ‘delivery instructions’ at the checkout, about any special factors that may result in delivery being more costly and/or taking longer than it otherwise would have, such as parking restrictions, narrow bridges or small entrances.
14. Extra charges for delivery may apply in any of the following circumstances:
a) If you change the address where your goods are to be delivered at short notice.
b) If delivery is more costly and/or takes longer than it otherwise would have because of any special factors that you failed to tell us about.
c) If the goods need to be redelivered because of access problems (e.g. small door frames, awkward turns, narrow passages, steps etc) at the delivery address or because the goods would not fit into the room for which they were intended.
d) If the goods need to be redelivered because there was no-one at the delivery address aged 18 or over to sign for the goods at the time arranged for delivery.
If you need to inform us of any special factors regarding your delivery after you have placed and confirmed your order please call our online service team on 0844 499 4686.
For our standard delivery items, our courier will attempt delivery 3 times. A card will be left each time indicating their visit. You may call the number on the card to rearrange a more suitable time for re-delivery. If you do not call within 5 days of receiving the last card, the item will be returned back to us and a re-delivery fee will apply.
15. We will let you know if any extra delivery charges are payable and you must pay these charges before delivery or re-delivery (as appropriate) or, if charged after delivery, within 7 days of receiving notice of such extra delivery charges.
16. For our Furniture products, if we attempt to deliver goods to a delivery address but delivery is impossible or impractical, you may contact us with an alternative delivery address and we will redeliver to that alternative delivery address. However, if we do not hear from you with a suitable alternative delivery address within 7 days of the attempted delivery, then we may cancel your order and deduct a charge for our administration, transit and storage costs which will be no more than 20% of the price of the goods from your refund. Delivery charges will not be refunded.
17. If delivery proves impossible or impractical on 2 or more occasions because of access problems, the goods will not fit into the room for which they are intended or because there was no-one at the delivery address aged 18 or over to sign for the goods at the time arranged for delivery, then we may cancel your order and deduct a charge for our administration, transit and storage costs which will be no more than 20% of the price of the goods from your refund. Delivery charges will not be refunded.
DELAYS IN DELIVERY
18. Occasionally the delivery of your goods may be delayed by circumstances outside our control. If for any reason we are unable to deliver the goods or to have them ready for collection within the original approximate timeframe then we will notify you of the delay and new timeframe as soon as possible. If you cannot wait for the goods, you must let us have notice of cancellation from the person who placed the order within 7 calendar days of you receiving notification about the delay. If we receive your notice of cancellation as set out above within such 7 day period, then we will let you have a full refund. This request must be e-mailed to onlineservices@habitat.co.uk or you can phone our online service team on 0844 499 4686. However, Habitat cannot accept any liability for any losses you incur (including loss of earnings) or for compensation for perceived inconvenience that may be suffered due to any delay.
ARRIVAL OF GOODS
19. On delivery of your Furniture products, you will be asked to sign for the goods and to inspect any upholstery goods that have been unpacked to ensure you accept them. For this reason you should be present at delivery yourself. However, if you do ask someone else to take delivery for you, then you must make sure that they are aware of what they need to do.
20. We will be pleased to unpack all upholstery goods for you. However, no goods will be assembled for you at the standard shipping rate. If you would like any goods to be assembled, our online service team can give you details and prices and will be pleased to recommend a home assembly provider so you can arrange this.
21. We will deliver your goods to the room of your choice provided that our team can gain access to that room.
QUALITY
22. Please notify us of obvious defects that are apparent on first inspection of the goods, such as missing parts or damage, within 7 working days of delivery and additionally, wherever possible, by describing the defects on the ‘proof of delivery’ document you are asked to sign. For other defects, please notify us as soon as you discover those defects and at the latest within 7 working days of delivery. You may notify us by e-mail at onlineservices@habitat.co.uk or by phone on 0844 499 4686.
23. You agree that we (or our appointed agents) may examine and test any goods that are claimed to be defective to establish whether those defects are our responsibility. Where we need to send the goods away for examination and testing, then you will permit us (or our agents) to collect the goods from you for that purpose.
24. Where defective goods are exchanged, you must allow us to collect the defective goods from you. Please also note that you may have to wait for replacement goods that are non-stock items or are made-to-order.
25. For self-assembly goods, it is important that you read the assembly instructions carefully as we cannot accept responsibility for any self-assembly goods that are damaged because instructions were not properly followed.
26. Where it cannot otherwise be established that we supplied any goods that are claimed to be defective, for example because sewn-in labels have been removed, then we may require you to produce proof of purchase.
27. When we are satisfied that the goods are faulty you will be offered a replacement or full refund of the original purchase price. Nothing in this section affects your statutory rights as a consumer.
CHANGES TO YOUR ORDER
28. Once you have received confirmation of your order, changes can only be made by contacting our online service team by e-mail at onlineservices@habitat.co.uk or phone on 0844 499 4686. Changes made to your order after the original confirmation will result in a new approximate time frame for delivery. We will give you an indication of the new approximate time frame once we have confirmed your changes.
REFUNDS
29. To obtain a refund the goods must be in the same condition in which you received them and you must make the goods available to us for collection. The original packaging must be unopened and undamaged in a resalable condition. If you fail to do so we reserve the right to refuse the refund or deduct a charge which will be no more than 30% of the price of the goods from your refund as we will not be able to sell those goods on at full price.
30. We can make arrangements for the goods to be collected from you. Please note this will incur a lead-time. Our home delivery company will contact you directly to book this in with you. For our standard delivery items purchased through our website, you may wish to follow the returns procedure outlined in the delivery note. If the original home delivery was offered for free, a collection fee will be applied if the goods are unwanted. We will let you know the precise amount when we make the collection arrangements for you. If the goods are returned due to a fault or damage then no collection fee will be applied.
31. Delivery charges will be refunded in full unless we have delivered or attempted to deliver the goods before you cancel in which case they will not be refunded.
32. Your refund will be processed as soon as possible and in any event within no more than 30 days of the day you have given us notice of cancellation.
33. If you fail to make the goods available to us for collection within 28 days of cancellation then you will be deemed to have re-ordered the goods at the price you originally paid for them.
34. Until the goods are returned to us, you are responsible if the goods are lost, damaged or destroyed. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation we may have a right of action against you for compensation.
35. We will only make a refund using the same method of payment originally used by you to pay for your purchase.
36. Where the goods were delivered to a third party and you are unable to return them to us, you may not be entitled to a refund.
OUR PRODUCTS
37. All goods are subject to availability. If for any reason beyond our control we are unable to supply any goods then you will be offered a full refund or, if available and acceptable to you, substitute goods of equivalent quality and price.
38. To get the most out of any goods, you should take care to follow the care instructions. The goods we sell are for consumers for general domestic use only and must be used for the intended purpose.
OUR STAFF
39. Our online support team is trained to provide good service. However, no advice can be given about plumbing, electrics, carpentry, kitchen fitting or any similar professions so if you need advice you should obtain it from a qualified expert at your own risk.
40. None of our online support team are authorised to advise on whether any goods are suitable for any unusual purpose. If you intend to use the goods for any unusual purpose, then you must make up your own mind about whether the goods are suitable or take advice from a third party.
DATA PROTECTION
41. Your privacy is very important to us at Habitat and we are committed to treat your personal data (e.g. your name, telephone number, e-mail address, billing and delivery address, debit and credit card details) with total respect and confidentiality.
Habitat is registered as a data controller under the Data Protection Act 1998 and we will comply with the statutory requirements imposed on us to keep your personal data confidential and secure. Habitat is fully compliant with the Data Protection legislation.
As with many large companies, communication by telephone may be recorded for the purposes of monitoring customer service standards and for security.
Any personal information which is collected during the purchasing process is only used by us and our carefully selected service provider companies to ensure that we can take, process, deliver your order and maintain your account to the highest standard possible.
We also collate statistics about the website traffic, sales and other commercial information which we use to improve our service to you; however, this information is collected on an anonymous basis.
We promise not to provide any of your personal data to any outside company for marketing purposes if you have indicated that that you would not like us to do so during the registration process. With a view to understanding our customers better, we will use the information that we have about your shopping habits to offer you products and services that are likely to interest you, unless you have indicated that you do not wish us to do so during the registration process.
You may opt out of the various uses of your personal information at any time, even if you have previously given us your consent to use it.
GENERAL
42. We will not be responsible for any delay in complying or failure to comply with our obligations under these conditions of sale if that delay or failure is due to any circumstances outside our reasonable control including without limitation fire, flood, acts of terrorism or where we are let down by a supplier.
43. These conditions of sale are in addition to, and do not affect, your statutory rights as a consumer. They are the only terms and conditions that are applicable to your order and take the place of any terms and conditions displayed at the point of sale at any Habitat store.
44. You may not transfer your rights under the contract between us to any third party without Habitat’s prior written consent.
45. If any term of these conditions of sale is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, then such term will be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
46. If you do not comply with these conditions of sale and we take no action in respect of that non-compliance, our right to take action in the same or a similar situation in the future will not be affected.
47. In case of any online shopping disputes, please email onlineservices@habitat.co.uk or call us on 0844 499 4686. Please note these contact details are for online queries only. If your query is not relating to an online issue it will automatically be forwarded to one of our stores for a response and this could delay the response time.
PROMOTION TERMS AND CONDITIONS
48.Current Promotion
Sign up to win a weekend for 2 in Paris
The prize consists of two standard class return tickets to London, two standard class return Eurostar train tickets from London to Paris, plus two nights’ accommodation in a central Paris 5* hotel in a twin or double room on a room only basis. The prize must be taken by the end of November 2010. No cash alternative. Habitat UK Ltd reserves the right to substitute the prize with another prize of equal or greater value should circumstances make this necessary. No purchase necessary. Entry to the prize draw is automatic for anyone who registers their email address with Habitat UK Ltd. Incomplete registrations will be treated as invalid. Competition closes 5pm, Sunday 29 August 2010. Habitat UK Ltd accepts no liability for entries received after 5pm on this date. The prize winner will be notified by email by Friday 10 September 2010. The results of the competition are final and no correspondence will be entered into. The competition is open to all UK residents aged 18 or over except employees of Habitat UK Limited or its group companies, agencies or anyone professionally connected with the competition. One entry per person only. The winner will be drawn randomly by an independent judge. By entering the competition you agree to be bound by these conditions. After Friday 10 September 2010 the winner’s details will be available for six weeks only by sending a stamped address envelope to ‘Paris Competition Winner’, Marketing, Habitat UK Ltd, 42-46 Princelet Street, London E1 5LP. Promoter: Habitat UK Ltd, 42-46 Princelet Street, London, E1 5LP.
In case of any store shopping disputes please call our stores directly on 0844 499 1111. All communications will be in the English language.
These Conditions of Sale and any contract formed in accordance with clause 1 of those Conditions are governed by and construed in accordance with English Law and will be subject to the exclusive jurisdiction of the courts of England and Wales.