Terms & Conditions
This Agreement is a legal document which sets out your rights and obligations in relation to this site (the “Orla Kiely Furniture site“) and the products offered by us through it (“Orla Kiely Furniture”).
You must take the time to read and understand this Agreement before using the Orla Kiely Furniture site or making a purchase of Orla Kiely Furniture; you accept that you are entering into a contract with us on the terms of this Agreement. If you have queries relating to this Agreement, then before placing an order for Orla Kiely Furniture, please email our customer service team at email@example.com
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (‘CCR’s), the following Terms and Conditions are applicable to every order placed on the Orla Kiely Furniture site. The products and goods sold on the Orla Kiely Furniture site are sold and supplied by The Branded Furniture Company Ltd, (BFC Ltd) and every order accepted by BFC Ltd is accepted subject to these Terms and Conditions. We encourage you to read, understand and agree to these Terms and Conditions before going ahead with your purchase.
We reserve the right to update these terms and conditions from time to time by posting the updated version on our website, at which point they will apply for all future orders made ( but will not affect any existing orders ). Examples for reasons for change include changes to our products, prices, guarantee or delivery terms, or for legal or technical reasons.
Nothing in these Terms and Conditions affects your statutory rights.
1.1 "you" means the person who buys or agrees to buy Goods from BFC Ltd.;
1.2 "us", "we", "our" means The Branded Furniture Company Ltd, (BFC Ltd);
1.3 "Consumer" means any customer who is purchasing outside the course of his or her business or trade;
1.4 "Goods" means the products you agree to buy from us.;
1.5 "Working day" means any day except Saturday, Sunday and all Public and Bank holidays.
1.6 "Made to Order” means goods that are not stock items and are made using your choice of fabric or leather.
1.7 "Contact Address" means Orchard Way, Calladine Business Park, Sutton in Ashfield, Nottinghamshire. NG17 1JU England. This address is not to be used for returning goods.
2. The order for the goods
Our procedures regarding orders are as follows:-
2.1 Any order placed with us, whether it be by telephone, email or through our website will be regarded as an offer by you to buy the Goods from us. If your order is accepted you will be sent, by email, a written acknowledgment which will confirm the Goods ordered, the price and will give you an order reference number and at that point a contract will exist between you and us.
2.2 All Goods that are classed as ‘made to order’ are clearly labelled as such in the product description on our website. These Goods are excluded from our standard cancellation policy and therefore after 7 working days from the date of order, we will not ordinarily be able to change such orders, make a refund or exchange any ‘made to order’ item and therefore you should only place your Order if you are sure that the item and finish is right for your needs. This does not affect your statutory rights.
3. The right of a consumer to cancel
3.1 Where your order is for Goods made to your specification or order, as set out in clause 2.2, you have no right to cancel after 7 days of the date of order confirmation.
3.2 Apart from those Goods set out in clause 3.1 (Goods made to order) you do have the right to cancel your order within 14 days after the Goods come into your possession. You will not need to give a reason for cancelling your contract, however, the cost of their safe return within 14 calendar days of cancelling the contract will be your responsibility.
3.3 If you cancel your contract during the cancellation period, take good care of them, not use them and ensure you keep the original packaging so they can be returned to us in a saleable condition. Should the items not be in a re-saleable condition, be used without our permission, or items with hygienic seals (such as Mattresses, see clause 11c) which have been broken we reserve the right to refuse a refund.
3.4 We strongly advise you to use our collection service to ensure items are received back into our warehouse in the condition in which they are received. The cost of this collection will be £100. per order.
3.5 You must arrange for us to collect the Goods as soon as reasonably practicable. We will collect the Goods from the address to which they were delivered. We will contact you to arrange a suitable time for collection. The cost of this collection will be £100. per order. Upon receiving your goods back at our warehouse, we will issue a refund by way of the original payment made, less the cost of collection. Any sum debited to us from your credit or debit card will be re-credited to your account within 14 days.
3.6 Please take reasonable care of the items while they are in your possession. We are entitled to deduct an amount from the refund to reflect and loss in value of the goods supplied, if any damage has occurred during your possession or transit back to us by an alternative method.
3.7 Where you act as a Consumer – To cancel your contract you must notify us in writing by email, if you require you can use this link to our Cancellation Form which you can copy and paste into an email. firstname.lastname@example.org
4. Cancellation by us
4.1 We reserve the right to cancel the contract between us if :
4.1.1 the Goods are not in stock or no longer available;
4.1.2 we do not deliver in your area;
4.1.3 one or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our supplier.
4.2 If we do cancel your contract we will notify you by e-mail and will credit the original sum debited in full to your credit/debit card as soon as possible, but in any event within 14 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5.1 Product photographs on our website are for illustrative purposes only and may not exactly match the product itself or its colour or the colour of any materials including fabrics and wood grain. Photographs or illustrations do not comprise any contractual warranty on our part and you should not rely on them as an exact representation of the Goods.
5.2 All measurements shown on our website are approximate. The dimensions of the products we supply may vary from those stated in their specification due to the items being handmade, but we will endeavor to ensure that they are within a 2% commercial tolerance of those stated
5.3 We will endeavor to match as closely as possible the colour and texture of the fabric of your products to the samples chosen, but variations in both the colour and texture may occur, due to slight batch variation. Whilst we guarantee to make all items in your order from the same batch, we cannot guarantee that subsequent orders will match your original order.
5.4 Leather products are made from natural leather and accordingly they may not be uniform in colour and texture. Only the finest hides are selected but they will show natural marks and scars on the hide. Some leathers will mellow with age and exposure to sunlight and heat.
5.5 All descriptions of products are correct at the time of publication. We continue to strive to improve our product range and reserve the right to amend the specification of our products without prior notice in relation to future sales.
5.6 Beds and mattresses are sold separately. All bed prices shown do not include a mattress.
5.7 Because of the nature of the materials used, any finishes such as stainguards that are applied to the exterior of the products may alter the final colour and feel of the fabric.
5.8 We cannot accept any responsibility for fading or discolouration caused by exposure to direct or indirect sunlight. Sunlight affects different fabrics in different ways, but sunlight whether direct or indirect will nevertheless always affect fabric colour. Darker fabrics, because they have further to fall, are likely to discolour and fade more. Different fabrics, dark or light are liable to fade or discolour at different rates.
5.9 We recommend that you seek professional dry cleaning for all our products.
The price of the product includes VAT 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 ordering process.
6.1 We reserve the right to cancel the contract between us if the price paid for the Goods shall not be as confirmed in the e-mail acknowledgment that we send to you, we reserve the right to rectify any error.
6.2 Payment shall be due on acceptance of the order. If you fail to make payment or if your funds fail to clear, or are later recalled, we may suspend delivery of the Goods until payment is made in full.
6.3 Our website contains many Goods. It is always possible that, despite our reasonable efforts, some of the Goods on our website may be incorrectly priced. If we discover an error in the price of an item, you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing with the purchase at the correct price or cancelling your order. We will not continue to process your order until we have further instruction from you. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you of this in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
6.4 Promotional discounts are applied on checkout and cannot be used in conjunction with any other offers. Only one valid offer may be used at a time.
7.1 We will deliver the Goods ordered by you to the address for delivery you give to us at the time you make your order. Our third-party delivery teams only operate Monday – Friday between the hours of 7am and 6pm. Saturday appointments may be available on request. Deliveries are not made on Sundays and public holidays in the UK.
You hereby confirm:
1.1 There is adequate access for us to deliver the Goods. Delivery will only be made to 3rd floor accommodation or higher if a working lift is available.
1.2 There is adequate space for the Goods where they are to be positioned;
1.3 That any existing goods have been removed from the space where the Goods are to be positioned;
1.4 You make us aware of any possible special circumstances that could affect your delivery e.g. rural track, narrow road, one-way system, access via stairs or lifts, parking restrictions, enclosed porch or narrow hallway. Any additional costs for window or door removal, or if a specialist delivery is required, is solely the responsibility of the customer.
We will not move or take away any existing goods or property for the purpose of assembly or installation of the Goods. Please do not dispose of your current furniture until we have contacted you to and you have a confirmed delivery date.
7.2 When your order has been approved by us, we will send you a confirmation email detailing your order. You will find an approximate delivery time quoted on your order confirmation email. Unfortunately, it is not possible to give you an exact date until your Goods arrive at our distribution centre, you will then be contacted to arrange a delivery date that is convenient for you. If anything in this email doesn’t look right and wasn’t what you were expecting, just drop our Customer Support an email email@example.com we will endeavor to get back to you ASAP.
7.3 Subject to clause 10, if we are unable to make delivery within 30 days after the approximate delivery date quoted on your order confirmation email and an alternative date has not been agreed with you, we will refund any money you have paid in relation to the contract including delivery costs.
7.4 Delivery charges are set out in our website. We do not make deliveries outside of mainland United Kingdom. We may however, at our discretion, accept orders from people who reside outside of the UK areas covered. Transportation may be arranged by the customer; however, we will not be liable for any damages or faults that occur after it has left our UK warehouse.
7.5 Please be advised that whilst every care will be taken by the delivery drivers, we cannot be held responsible for any damages that occur to your property or possessions whilst the delivery is in progress. Please therefore take care to cover any carpets or furniture and remove any valuables from the delivery area and the route to it through your property.
7.6 You become the owner of the Goods you have ordered when they have been delivered to you. Once the Goods have been delivered to you, they are held at your risk and we will not be liable for their loss or destruction.
7.8 Original delivery lead times given for the items you purchase are an approximate only as we rely on 3rd parties. There will also be occasions where we wish to deliver your items quicker than the delivery lead time states, this will be organised with you first and only with your permission. If you are unable to take delivery of your products on the delivery date agreed with our third-party delivery company, please contact them at least 48 hours before the confirmed delivery date. Failure to do so may result in administration charges.
7.9 Please be aware that BFC Ltd does not offer any compensation should delivery fail to take place or arrived later than scheduled, including time taken off work to accept delivery and income loss on rental properties. We strongly advise that you do not dispose of any old items until you have received delivery from us and you are completely satisfied with your purchase.
7.10 On occasion we may have to split our deliveries, where multiple items have been purchased. We will not charge for the second delivery and as always this will be pre-arranged with you.
7.11 Please check the item packaging for any damage and inform the driver of any damage so this can be noted on the delivery note. Please also ensure you keep the original packaging until you are completely satisfied with your items.
7.12 Where an item needs completely replacing, we are happy for you to use the item until it can be swapped for a new one. In this instance please keep the original packaging so we can transport it easily upon delivery of your new items.
7.13 In the event that your items do not fit in the area you have suggested, and delivery is therefore refused and returned, this will be classed as a failed delivery and will be subject to a charge of £100.
7.14 If you are unable to take delivery within 20 days of the original confirmed delivery date be advised we have the right to charge you storage charges at £25 per week for each item.
8. Warranties and liability
8.1 All Goods supplied by us come with a manufacturer’s warranty of 12 months. Our Sofa’s, Beds, and Sofabeds come with a 10-year frame and construction guarantee against faulty workmanship or faulty materials.
Our guarantees do not cover fair wear and tear, neglect, abuse, or misuse of your products, loss or damage, due to unreasonable exposure to water or weather, loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation, by animals or boring insects, theft, accidental damage or loss or damage caused by a third party.
Our guarantees are limited to products sold and retained in the Mainland UK and used solely for non-commercial purposes. They may not be transferred to a third party.
If you need to make a claim, please contact us.
8.2 If the Goods we deliver are not what you ordered or the delivery is of the incorrect quantity or, upon a reasonable inspection, it is clear the Goods have been damaged in transit, we shall have no liability to you unless you notify us by email of the problem within 48 hours of the delivery of the Goods in question. If goods have been damaged, you will be required to provide photographic evidence prior to us confirming the next steps we intend to take.
Please contact us by emailing firstname.lastname@example.org with your name, your order number and attached photos clearly showing the damage or fault. Failure to include any of this information may delay your issue being resolved.
8.3 If you notify a problem to us under clause 8.2, our only obligation will be, at your option :
to make good any non-delivery; or short delivery; or
to replace or repair any Goods that are damaged or defective; or
to refund to you the amount paid by you for the Goods by your original payment method.
8.4 Under the Consumer Rights Act 2015, if you are dissatisfied with your purchase for a reason set out in clause 8.2 above, you may, within 14 calendar days of delivery, contact us to arrange collection of the Goods at your expense. Any money which you have paid, will be refunded within 14 days provided that we receive the Goods in the condition they were in at the time of delivery to you. Your credit/debit card will then be credited with the full purchase price. Please see clause 3.
8.5 Except where you act as a consumer, all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality, or condition of the Goods, whether implied by statute or common law or otherwise, are excluded to the fullest extent of the law.
8.7 Save as precluded by law, we will not be liable to you for any losses you suffer under the contract which were not a foreseeable consequence of breach of the contract. We are not responsible for indirect losses which were not contemplated at the time of the contract including loss of profits, loss of opportunity, loss of business or goodwill.
8.8 Notwithstanding anything set out above, nothing in these Terms and Conditions is intended to limit any rights that you might have as a consumer under the United Kingdom laws or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
9. Notices and correspondence
All notices and correspondence from you to us must be in writing and sent to our email email@example.com
10. Force majeure
We will have no liability to you for any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
11. Exchange of goodsUnder your cancellation rights as detailed in clause 3 above, if you wish to exchange Goods for other goods we will do this subject to:
- a) The return of the Goods by you at your expense to our distribution centre (details will be given).
- b) The Goods being in the condition they were in when they were delivered to you.
- c) Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 - Beds, mattresses, pillows, mattress protectors, duvets etc, are exempt from the statutory 14 day cooling off period once the packaging has been removed due to the intimate nature of the product. For reasons of health and hygiene any beds, mattresses, pillows, mattress protectors or duvets that have been opened will be assumed to have been used and therefore cannot be returned for any reason other than a manufacturing fault.
12. Governing law
The contract between us shall be governed by and interpreted in accordance with English Law and the English Courts will have jurisdiction to resolve any disputes between us.
13. Entire agreement
Website terms and conditions of use
1. Our terms
The terms are a contract between us and you, we sometimes change the terms and conditions that are posted here.
We work very hard to make sure information on the Site is accurate and up to date. Let us know if you find anything wrong. However, you should check independently any information before you rely on it. No representations are made by us that the information is accurate and up to date or complete and we do not accept liability for loss arising from any inaccuracy or information that is out of date.
Copyright material appears on the Site which is our property or the property of our content and technology providers or their respective owners. We do not give permission for you to re-publish, alter, transmit or otherwise copy any material on the Site but you may download information from the Site for your own personal use. Except as otherwise expressly permitted under Copyright Law, no copying, re-distribution, re-transmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the Copyright owner.
4. Trade marks and intellectual property
All copyright, trademarks, and other intellectual property rights in and relating to the Orla Kiely brand and Orla Kiely Products are owned by, or exclusively licensed to, us. No one may copy, distribute, show in public or create any derivative work from the Orla Kiely Furniture site, an Orla Kiely Product or any of the material which is found on the Orla Kiely Furniture site without the explicit written permission of the company.
The BFC Ltd name and logo is a registered trademark, any use must be agreed by BFC Ltd. Any other trademarks, designs, business names, company names and logos that appear on this website are the property of their respective owners.
As information on our Site is provided free of charge, we do not accept liability for it. We will not be liable to you for any indirect or consequential loss, loss of profit, revenue or goodwill arising from your use of the Site or information on the Site. Subject as provided below, all terms implied by Law are excluded, caused by our negligence or the negligence of our employees, agents or directors and also for fraudulent misrepresentation caused by us, our employees, agents or directors.
6. Supply of goods
Where you buy goods from our Site you are subject to our Terms and Conditions which supplement these conditions.
You agree that English Law shall apply to these terms and to submit to the jurisdiction of the English Courts if a dispute arises. We aim to ensure our Site complies with English Law but not laws of any other country. If there is anything on the Site that you are not allowed under the laws to which you are subject to access or see, cease using the Site immediately.
Any formal, legal notices should be sent to us at the address at the end of these Terms by e-mail, confirmed by post.
Failure by us to enforce a right does not result in waiver of such right.
You may not assign or transfer your rights under this Agreement.
We may amend these terms at any time by posting a variation on the Site.
Our registered address is: Orchard Way, Calladine Business Park, Sutton in Ashfield, Nottinghamshire NG17 1JU.
Our company number is: 11446165
Our VAT number is: 309784569
Our e-mail address is: firstname.lastname@example.org