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Terms and Conditions


CONTRACT TO SUPPLY GOODS

This document (referred to as the ‘Agreement’) established the terms and conditions under which goods are supplied and governs the relationship between the Parties.

The Parties

  • HOMELOOKS GROUP LTD; a company incorporated in England with a registered office at Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX and a company registration number of 12809226 (referred to as the ‘Supplier’). 

and

  • The customer, who is the person or business named in the order from (referred to as the ‘Customer’).

The Supplier offers various furniture, furnishings and home products (referred to as the Products) via an online store at www.homelooks.co.uk (referred to as the ‘Website’);

 

  1. General
  • The Agreement shall commence upon the Customer placing an order for Products and the Supplier providing a confirmation of order..
  • The Agreement can be changed, varied, or modified
    • with the written consent of both Parties; or
    • to comply with any regulatory or mandatory change; or
    • to comply with any order from a Court of competent jurisdiction; or
    • to correct any errors;
    • by the Supplier to adopt technological advances, remain viable and competitive, however any changes will not affect Agreements entered into before the changes take effect. 
  1. Accounts
  • The Customer may create an account with the Supplier when using the Website to help speed up the process of making future orders, but this is not compulsory. 
  • To register an account the Customer will need to create a user name and password, usernames and passwords should not be obvious or easy to guess.
  • The Customer should change the password periodically or immediately (and inform the Supplier) upon becoming aware or suspecting the login details have been disclosed or the secrecy compromised. 
  • The Supplier will require the Customer to provide name, business name, address, telephone number, email address and any other information required to provide and manage the account.
  • The Customer will ensure all information provided is always correct and up to date. 
  • It is a criminal offence to provide false information to create an account or to access and use someone’s account without their consent and the Supplier will report any fraud or misuse to an appropriate authority.

 

  1. The Products 
  • The Supplier offers a wide range of homeware Products as displayed and detailed on the Website.
  • The Supplier warrants that Products purchased will at the time of delivery:
    • As described or conform with any sample; and
    • be free from damage, fault, or defect except where the damage, fault or defect is brought to the Customer’s attention before the purchase; and
    • of satisfactory quality; and
    • be fit purpose, when used within any limitations published by the manufacturer. 
  • The Supplier takes reasonable care to show the Products as accurately as possible, however colours, shapes, designs etc can be distorted during the downloading, reproduction or reconstruction of images by the device used to access the Website, also individual user or manufacturer settings of the device used to view the Website can affect how the Website is displayed, the Supplier cannot guarantee the colour, shade, shape, size or any other visual aspect of the Product is an exact match with the image on the Website.
  • Sizes and measurements may differ between brands, all published size guides and detail is as provided by the manufacturer.
  • The Products may contain the name, logo, labels or other trade mark of the manufacturer or their sponsors, such trade marks shall not be removed, modified or changed in any way.
  • Some Products are made to order or made to measure, it shall be the Customer’s sole responsibility to ensure all information provided relating to size, colour, features and other requirements is correct and accurate.

 

  1. Orders 
  • The Customer may place an order for Products by
    • completing the order forms on the Website;
    • providing details of the order by email;
    • providing details of the order by telephone;
  • To submit an order using the Website the Customer shall
    • add the Products and quantities to be purchased to the shopping cart;
    • provide personal details and delivery address;
    • confirm the order and submit payment.
  • To submit an order by email or telephone the Customer shall
    • confirm the make, style, colour, size and any other detail or specification of the Products;
    • provide personal details and delivery address;
    • review the order to identify and correct any errors;
    • make payment for the order via a third party payment processor; 
  • Upon receipt of an order the Supplier will provide an order confirmation and anticipated date of delivery. When an order confirmation has been issued the order is non-cancellable except where clause 7.7 applies.
  • If an ordered Product is unavailable for any reason the Supplier may
    • Provide an estimated date when the Product will become available; or
    • offer the Customer an alternative Product; or
    • provide the Customer with a full refund (providing that cleared funds have been received by the Supplier).
  • The Supplier will provide a notice when each Product has been dispatched for delivery.

 

  1. Delivery
  • The Supplier will arrange for the Products to be delivered to the delivery address stated in the order.
  • Any delivery options and charges will be shown on the Website and confirmed in the shopping cart. 
  • It is the Customer’s sole responsibility to ensure large or bulky items will fit through doorways or are otherwise capable of being delivered into the Customers property. 
  • Delivery of Products is by a third party delivery or courier service and subject to their terms and conditions of service. If the delivery or courier service provides a facility to track the delivery a tracking number will be provided to the Customer.
  • The Supplier has no control over Products once they are dispatched and cannot guarantee any delivery time beyond the times provided by the delivery or courier service which can be affected by adverse weather, traffic conditions, road closures, vehicle breakdowns or other delays beyond the control of the delivery service. The Supplier cannot be held responsible or liable for any delays or for a failure to deliver within a stated time. 
  • Some deliveries will require a signature and it is the Customer’s sole responsibility to ensure that someone is available to receive and sign for the order when delivered. 
  • If no one is available to receive Products when delivered then the Products may be left in a safe place or returned to the delivery service depo; a calling card will be left by the delivery service which will include information for what to do may include an option to re-arrange delivery or to collect parcel from the delivery company's local depot. 
  • If the Customer has not re-arranged delivery or collected the parcel within a period stated on the failed delivery notice, it will be returned to the Supplier.
  • If a Product is returned undelivered the Supplier shall attempt to contact the Customer to arrange re-delivery which will be subject to a payment of an additional delivery charge. 
  • If re-delivery of a returned Product is not arranged within 7 days of a Product being returned then the Customer may be required to pay an additional storage fee until the Products are dispatched.

 

  1. Cancellations
  • Except where the customer is a business or the Products have been personalised, made to measure or the contract is made away from the Supplier’s premises and the value is less than £42, the Customer cancel the order and return the Products within 14 days of delivery. 
  • If the Customer wishes to return any Products the Customer shall inform the Supplier within the 14 day period to obtain a returns number and/or a returns label.
  • Unless otherwise stated by or agreed with the Supplier, it is the Customer’s responsibility to securely package the Products and arrange and pay the cost of returning the Products; ; it is recommended that the Customer uses a tracked and insured delivery service as the Supplier cannot accept responsibility or liability for the Products until they are received.
  • Within 14 days of receiving the returned Products the Supplier will issue a full refund to the Customer using the same method as payment was received, however the Supplier may deduct from the refund
    • Any deliver charges for non-standard or express delivery over the standard delivery rates; and
    • any diminished value of the Products as a result of use (including any assembly or disassembly of the Products), misuse or mishandling.

 

  1. Damaged or faulty Products
  • The Customer may also return Products that are damaged or faulty within 30 days of delivery.
  • The Customer shall contact the Supplier by email providing the following information:
    • Customer’s name And address;
    • Order/invoice number;
    • Date order was received;
    • List of items to be returned;
    • Reason for returning;
    • Any photographic evidence of damage or fault;
  • Where the Supplier accepts return of the Products the Supplier shall provide a ‘returns authorisation number’ to the Customer. If the Supplier does not accept the return of the Products the Supplier shall provide the Customer with a notice stating the reasons for non-acceptance. 
  • Where a returns authorisation number is issued the Customers shall securely package the Products to be returned and arrange for delivery to the Supplier; it is recommended that the Customer uses a tracked and insured delivery service as the Supplier cannot accept responsibility or liability for the Products until they are received.
  • Upon receipt of any returned Products the Supplier will assess the fault or damage and provide notification to the Customer of whether the Supplier accepts or rejects the return, returns may me rejected if, in the opinion of the Suppler the fault or damage was as a result of
    • mishandling, wilful damage, misuse, negligence or use beyond the manufacturer’s instructions, limitations or reasonable expectations of normal use;
    • changes, adaptations, alterations, or attempted repairs by the Customer;
  • Where returns are accepted the Supplier may provide replacement or repair of the Products or a refund of the cost of the returned products if replacement or repair is uneconomical or not possible.
  • Where returns are rejected the Supplier may
    • return and charge the cost of returning the Products to the Customer (unless the Customer instructs the Supplier not to return the Products in which case the Supplier may dispose of the Products); or
    • at the request of the Customer arrange for the Products to be assessed by the manufacturer or an independent third party with sufficient knowledge and skill to determine the cause or reason for the damage or fault. If the manufacturer or independent third party determines that the Products are a faulty then the Supplier shall effect clause 8.6 however if the cause or reason is not as a result of any Supplier liability then the Supplier may recover any costs incurred in obtaining the third party determination from the Customer.

 

  1. Price and payment
  • Prices for Products are as stated on the Website at the time of placing an order, however it is always possible that some of the prices may be stated in error or incorrectly.
  • Prices will be verified as part of the order process so that if a Product is incorrectly priced on the Website, the correct price will be
    • shown in the online shopping cart before the order is submitted using the Website;
    • confirmed in an email if the order is submitted by email;
    • confirmed by the telephone operative if the order is submitted by telephone;
  • In addition to the price of the Products, the following additional charges may be applied
    • for personalisation;
    • a delivery charge; 
    • any costs incurred, including administration and third party costs, as a result of the Customer’s bank declines a payment or the Customer implementing a chargeback after the Products have been dispatched;
    • all customs, export and import taxes and duties arising by virtue of the dispatch and delivery of Products to a country outside the boundaries of the United Kingdom.
  • Prices for Products are subject to change at any time, but changes will not affect orders where an order confirmation has been provided before any change is applied.
  • Payment must be when submitting an order, an order will not be processed and the Supplier may withhold or delay the processing or dispatch of the Products or cancel the order if the full cost is not received in cleared funds.

 

  1. Risk and ownership
  • The Products will be at the Customer’s risk and from the time of delivery and ownership of the Customer when the Customer accepts the Products or takes any actions that will imply acceptance of the Products. 
  • Until ownership of the Products has passed to the Customer, the Customer shall possess and hold the Products as fiduciary agent and Bailee; and must store the Products separately from other goods and ensure that the Products are clearly identifiable as belonging to the Supplier. 
  • The Supplier will be entitled to recover payment even where ownership has not passed: or recover the Products at any time before ownership passes to the Customer.

 

  1. Recalled Products
  • If the manufacturer recalls any Products purchased by a Customer the Supplier shall provide the customer with a recall notice.
  • A recall notice shall include
    • the type of Products;
    • a serial number, batch number or any other relevant identifier of the affected Products;
    • the reason for the recall;
    • whether the Products are to be repaired or amended at the manufacturers cost and expense or returned to the Supplier or to be destroyed;
    • any other information or instructions;
  • Upon receiving a recall notice the Customer shall immediately:
    • remove the Products from use;
    • where recalled Products are to be returned the Supplier shall, the Customer shall, within 28 days of the recall notice, package the recalled Products ready for collection and inform the Supplier the Products are ready for collection.
  • Within 14 days of receiving recalled Products the Supplier may
    • provide replacement Products to the value of the recalled Products; or
    • agree to issue a refund for the value of the recalled Products;

 

  1. Disputes
  • If a Customer wishes to raise a complaint or dispute the Customer shall inform the Supplier providing details of the complaint or dispute and the remedy sought.
  • Within 14 days of receiving a complaint or dispute the Supplier shall provide the Customer with a Notice–
    • accepting the complaint or dispute and required remedy; or
    • accepting the complaint or dispute but raises a dispute about the required remedy; or
    • rejecting the complaint or dispute and required remedy;
  • Where complaint or dispute and remedy are accepted any costs in implementing the remedy shall also be accepted.
  • Both Parties shall attempt to resolve the dispute in good faith; each Party shall co-operate with the other and promptly deliver any documents or evidence reasonably requested.
  • If a dispute cannot be resolved amicably between the Parties, then the Parties shall
    • Seek resolution via their appointed representatives;
    • Request the input and opinion of an authorised trade or governing body;
    • Request the intervention of an independent mediator, arbitrator or assessor.

 

  1. Limitation of liabilities
  • Nothing in this Agreement will limit or exclude the liability of the Supplier for death or personal injury resulting from negligence; or for fraud or fraudulent misrepresentation.
  • Except where regulation does not permit liabilities to be limited or the Agreement provides otherwise, the Suppliers liability shall not exceed the total amount paid by the Customer.
  • Each Party shall indemnify the other, on a full indemnity basis against all claims, actions, demands arising out of their own
    • fraud or negligence;
    • breach of any Intellectual Property rights or privileges of a third party;
    • breach of any health and safety or medical requirements;
    • breach of any data protection regulations;
  • The Supplier shall not be liable to the Customer in any way whatsoever and shall fully and unconditionally indemnify the supplier against all and every type of expenses, costs, losses or damages incurred, received or suffered whether in law, statute, equity, contract or tort (including negligence) for
    • the Customer’s selection of Products;
    • the Customer’s errors in any orders submitted;
    • any damage caused by mishandling, wilful damage, misuse, or negligence by the Customer or a third party, or use beyond any manufacturer's instructions or recommendations;
  • Neither Party shall be held in breach of this Agreement, or held liable in damages for any event, delay or failure resulting from force majeure event, including but not limited to adverse weather, war, terrorism, civil riots, strikes, fires, floods, disasters, pandemic, epidemic, governmental restrictions, power failures, failure of suppliers or carriers, interruptions to the flow of data over the internet, failure of telecommunications networks or other causes beyond the reasonable control of the Party.

  

  1. Personal data
  •  All personal data collected, processed and stored by the Supplier will he held in accordance with the Suppliers Privacy Notice published on the Website.

 

  1. Legal
  • This Agreement is only available in the English language, if the Agreement is translated into any other language the English version shall always prevail.
  • Unless expressly stated a party who is not party to the Agreement shall not have any rights, benefits or obligations under this Agreement or any part of it, and the Contract (Rights of Third Parties) Act 1999 shall not apply with the exclusion of any rights implied by the manufacturer of the Product or an insurers right of recourse
  • No forbearance, indulgence, relaxing, inaction or delay in either Party enforcing performance of any contractual or legal right shall prejudice, restrict, or otherwise adversely affect the rights of that Party to enforce its rights at a later date or later breach. 
  • If any provision of this Agreement is, or shall become invalid or unenforceable in the opinion of a court of law it shall in no way affect or diminish the remainder of the Agreement and it shall remain valid and enforceable to the fullest extent permitted by Law. Both Parties shall seek and agree an alternative provision that is valid and enforceable and reflects the intent of the original provision.
  • The validity, construction and performance of this Agreement shall be governed by the Laws of England and Wales.
  • The Parties submit to the jurisdiction of the courts of England.

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