General Terms of Sale

These terms of sale (“Terms of Sale”) set out the terms and conditions on which we supply any of the products (“Product” or “Products”) listed on our website www.withflitch.com (“our site”) to you.

Please read these Terms of Sale carefully before ordering any Products from our site. These Terms of Sale tell you who we are, how we will provide Products to you, how you and we may end the contract, what to do if there is a problem and other important information. If you do not agree to these Terms of Sale you must not order any Product through our site.

1. Information about us

1.1 www.withflitch.com is a website operated by Azara Ltd (“we”, “our”, “us”). We are registered in the U.K. under company number 11059322. Our registered office is at Suite 2 1st Floor Sutherland House, 70-78 West Hendon Broadway, London NW9 7BT. Our VAT number is 372329395.

2. Ordering Products

2.1 You can place orders for Products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.

2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

2.3 All orders are subject to acceptance by us. Upon receiving an order, we will send you an email acknowledging your order and this will not constitute acceptance by us. Once the necessary checks with our suppliers have been completed, we will send you a confirmation e-mail and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.

2.4 Unfortunately we can’t stop an order once it has been dispatched. If you change your mind about your order after this point you can reject delivery or return the Products to us in accordance with the returns policy below at clause 9.

2.5 Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.

2.6 You must keep the contact details we hold for you up-to-date so that we can contact you, if necessary, about your order or the delivery of the Products.

3. Availability

3.1 All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after receiving your order if, for any reason, the Products you have ordered are not available or are subject to any delay.

3.2 If we are unable to supply you with a Product, for example, because the supplier is out of stock or because of an error in the price (see clauses 5.5 and 5.6 below) we will inform you of this by email and we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible.

4. Images and sizing of products

4.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the Products. The Products that are delivered to you may vary slightly from those images.

4.2 Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.

5. Prices of products

5.1 The price of any Product will be as quoted on our site, except in cases of obvious error.

5.2 The price of any Product may change from time to time, but changes will not affect any order we have accepted.

5.3 All prices on the Site are shown in GBP.

5.4 The price of a Product includes VAT (where it applies) but excludes any delivery costs, which where applicable will be added to the price of the Products and set out as part of the total amount due during the order process.

5.5 Due to the large number of Products on our site, it is always possible that some of the Products listed on our site may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-handling procedure so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of the rejection.

5.6 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

6. How to pay

6.1 We accept payment with the payment methods listed on our site. You must pay for the Products and any applicable delivery charges in advance of delivery of the Products.

6.2 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.

6.3 We are not responsible for any processing or administrative charges that may be levied by your bank or card issuer as a result of payments made to us. It is your responsibility to contact your bank or card issuer to check any conditions of payment.

6.4 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the Pay Later payment option. Payment is to be made to Klarna. Only available to UK users. You can find further information and Klarna’s user terms here, and you can find general information on Klarna here. Your personal data is handled in accordance with applicable data protection laws and in accordance with the information in Klarna’s privacy statement.

7. Delivery

7.1 Our suppliers offer a delivery service in accordance with the timescales shown against each Product on our site. Please note that delivery timescales are estimates.

7.2 Please note that our suppliers only deliver to addresses in the United Kingdom, excluding Northern Ireland.

7.3 Your estimated dispatch date will be as set out in a dispatch confirmation sent by email. This dispatch date indicates when we expect our suppliers to send the Products to you. Although our suppliers will make every reasonable effort to ensure your Products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting the suppliers of the Product or their delivery partners. If they are unable to meet the estimated dispatch or delivery date, we will contact you with a revised estimated date.

7.4 Your delivery will be completed when our suppliers deliver the Products to the address you gave us. If no one is available at your address to take delivery, they will leave you a note with information about how to rearrange delivery. If you have not accepted delivery after three attempts, we may treat the contract as having been cancelled by you in accordance with the terms of clause 9 below.

8. Risk and ownership

8.1 Ownership of the Products will pass to you on delivery, provided that we have received full payment of all sums due in respect of the Products, including delivery charges.

8.2 The Products will be your responsibility from the time that you (or a third party other than the carrier and indicated by you) take physical possession of the Products.

9. Cancellation, returns and refund policy

9.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your Products, you can return them to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.

9.2 You have a legal right to change your mind and cancel the contract between you and us within 14 days (unless stated otherwise) of delivery of your Products without giving a reason.

9.3 To return a Product it must be in a saleable condition and in its original undamaged packaging, make sure it is packed up securely with the returns form and we will refund you for the product on receipt.

9.4 The cancellation period will expire 14 days (unless stated otherwise) from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. Where you order Products in one order from multiple suppliers, the cancellation period will, for each individual Product, expire 14 days (unless stated otherwise) from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of that individual Product.

9.5 To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. a letter sent by post or email). The easiest way to do this is to contact our Customer Services team, their contact details can be found in clause 22

9.6 To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired

9.7 If you cancel your contract with us, we will reimburse you all payments received from you, which may not include the cost of delivery.

9.8 We will make the reimbursement without undue delay, and not later than:
(a) 30 days after the day our suppliers receive back from you any Products supplied, or
(b) if there were no goods supplied, 30 days after the day on which we are informed about your decision to cancel this contract.

9.9 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

9.10 We will withhold reimbursement until our suppliers have received the Products back.

9.11 We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.

9.12 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or any of the other general Terms of Sale set out.

9.13 If you change your mind and exercise your right to cancel under clause 9.2 above after delivery, then the Products must be returned to our suppliers. In this case, this may be done by emailing us at support@withflitch.com to receive further instructions. You will incur the delivery costs to return the Products, unless otherwise stated.

9.14 If you exercise your right to return the Products under clause 9.11, because the Products are faulty, were not delivered as described or you otherwise have a legal right to return the Products as a result of something we have done wrong after dispatch of the Products, the Products must be returned to our suppliers. In this case, this may be done by emailing us at support@withflitch.com to receive further instructions. However, in this case, the return or collection will bear no cost to you.

9.15 Please contact Customer Services using the contact information below at clause 25 to arrange a collection of the Products.

9.16 You must take care when opening packaging that the Products were delivered in and carefully re-pack the Products in the original (or similar) packaging prior to returning the Products to our suppliers.

10. Sales promotions

10.1 From time to time, we may run sales promotions or offer other incentives (“Promotions”) to purchase particular Products from us. When we are running a Sitewide Promotion, this discount cannot be combined with other discounts, including Welcome Gift Cards or Referral Discounts.

11. Vouchers, gift vouchers and discount codes

11.1 Gift vouchers are not currently available for purchase, but vouchers may be offered or provided by Flitch as prizes, through promotions, or in other circumstances.

11.2 The voucher may be:
(a) emailed to the recipient; or
(b) printed.

11.3 Unless otherwise stated, vouchers are valid for one year from the date of issue and cannot be extended.

11.4 The value of any voucher you use will be deducted from the total cost of your order. The voucher can only be redeemed once and you will not be able to use any unused balance on a future order. There is no minimum spend required and the voucher can be redeemed against any purchase including delivery charges.

11.5 Vouchers may be provided in any denomination.

11.6 Any costs incurred on the order (including delivery, return, and collection costs) will be calculated based on the full costs of the order, before the voucher or discount code is applied.

11.7 Vouchers and/or discount codes must not be posted on consumer forums and we may invalidate vouchers or discount codes posted in such a way.

11.8 Only one discount code can be applied to any one order, this includes any promotional codes or offers (but you may also use any voucher that you have been given).

11.9 Unless otherwise stated, discount codes may only be used once and they cannot be used in conjunction with any other voucher codes or offers (e.g. cashback).

11.10 If a discount code requires a minimum spend and you return some of the Products within your order such that your order falls below the minimum spend, the discount will no longer apply to the remainder of your order.

11.11 When you use a voucher and/or discount code you warrant to us that you are the duly authorised recipient of the voucher or discount code (as applicable) and that you are using it in accordance with these Terms of Sale, lawfully and in good faith. If we believe that a voucher and/or discount code is being used in breach of these Terms of Sale, unlawfully or in bad faith, we may reject or cancel the voucher or discount code (as applicable).

11.12 If you have any difficulty redeeming your voucher or discount code or have any questions then please contact us for further assistance.

11.13 Any order for Products made using a voucher or discount code will be governed by these Terms of Sale.

12. Your information

12.1 We process information about you in accordance with our Privacy Policy.

12.2 In order to make purchases on Flitch you will be required to provide your personal details. You‘ll need to provide your real name, phone number, e-mail address and other requested information as well as your payment details.

13. Our liability to you

13.1 We are under a legal duty to supply Products that are in conformity with our contract with you.

13.2 Our Products are designed for residential use and we do not make any guarantees or warranties about their performance in a commercial environment. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

13.3 If we fail to comply with a contract between you and us, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.

13.4 The maximum loss or damage we will be responsible for under clause 13.3 is limited to the price you have paid us for the Product to which the loss or damage you suffer relates.

13.5 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any liability imposed under the Consumer Rights Act 2015 that is not permitted to be excluded or restricted under section 31 of the Consumer Rights Act 2015; and
(d) defective products under the Consumer Protection Act 1987.

13.6 This does not affect your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards office.

14. Events outside our control

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that:
(a) we will take reasonable steps to prevent or minimise the failure or delay;
(b) in the event of failure to perform, we will refund you all amounts paid under the affected contract; and
(c) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all
amounts paid under the affected contract.

15. Resolving disputes

15.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at support@withflitch.com and attempt to resolve the dispute with us informally.

15.2 In the unlikely event that we are not able to resolve the dispute informally, please note that the Furniture & Home Improvement Ombudsman operates an online dispute resolution platform for UK consumers to submit disputes arising from online purchases, which can be accessed at www.fhio.org/dispute. You will also always have the option of resolving the dispute using court action.

16. Each of these terms operates independently

16.1 Each of the provisions of these Terms of Sale operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

17. Updating these terms of sale

17.1 We may modify or update these Terms of Sale from time to time for reasons including:
(a) changes in how our business operates;
(b) changes in the legal or regulatory requirements that we must comply with; or
(c) changes in how we accept payment from you. However, any order of Products by you will be governed by the terms and conditions available on our site at the time you place the order.

18. Rights of third parties

18.1 Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.

19. Law and Jurisdiction

19.1 These Terms of Sale are governed by English law. This means that a contract for the purchase of Products made through our site and any dispute or claim arising out of or in connection with it will be governed by English law.

19.2 You can bring legal proceedings in respect of this contract in the English courts. However, if you are a resident of Scotland, you may also bring proceedings in Scotland and if you are a resident in Northern Ireland, you may also bring proceedings in Northern Ireland.

20. Contacting you

20.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

21. Contact us

21.1 If you have any queries about these Terms of Sale, please send contact our Customer Services team. We‘ll be here to help.