Terms & Conditions

The terms and conditions detailed below apply to all users of this website. By accessing this website, you agree to be bound by these terms and conditions and any orders placed, are done in accordance with these terms and conditions. If you are unhappy with any aspect, you should contact Living Homes on 01458 445555 or email enquiries@livinghomes.co.uk before placing an order.

This website and our terms and conditions are designed exclusively for use within the United Kingdom. All prices quoted on this website are in Pounds Sterling (£) and unless indicated otherwise, are inclusive of UK sales tax (VAT) at the current rate. The terms and conditions shall be governed by and construed in accordance with, the laws of England and by placing an order, you irrevocably submit to the exclusive jurisdiction of the English courts. The contract will be concluded in English.

Description of Products

We take every care to ensure that the description, specification and appearance of all products offered for sale are correct. The colour reproduction of images is as accurate as current photographic and imaging techniques will permit, however we cannot accept responsibility for any variation in appearance caused by the software, computer or monitor used to view them and as such, all images should be used for guidance purposes only. Unless described as ‘Online Only’, examples of items from all product ranges, together with fabric swatches, wood samples etc, are available to view in the store indicated on the product page. Please contact the store to check availability prior to travelling. Fabric samples can usually be supplied directly to the customer on request. Note that all colours, finishes, dimensions etc have a degree of manufacturing tolerance. All products manufactured using real materials will show a natural variation.

The prices and availability of goods are subject to change without notice and errors can occur. We will use our best endeavours to correct any errors as quickly as possible, but we cannot be held responsible for any losses incurred as a result. To the maximum extent permissible in law, we exclude all warranties, express or implied, as to the accuracy of the information contained on this website. We cannot accept liability for any particular material on the website or as a result of any use of, or reliance placed upon, the information contained on this website.

Contract creation for online purchases

A Contract between the customer and Living Homes for the supply of products or services will only exist once an order has been accepted and processed.

The technical steps required to create the contract between the customer and Living Homes are as follows:

1. You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.

2. We will send you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation, nor is it acceptance of the order. Please check the details shown on this order acknowledgement and notify us immediately if any details are incorrect. Your contract with Living Homes will be for the supply of the products/services as described and we cannot be held responsible for any errors or omissions.

3. As your product is shipped from our warehouse, we will send you a despatch confirmation email.

4. Order acceptance and the completion of the contract between the customer and Living Homes will take place on the despatch to you of the products ordered, unless we have notified you that we do not accept your order, or you have cancelled the order in accordance with our permitted guidelines.

We reserve the right not to accept an order for the following reasons:

- We have insufficient stock to deliver the goods you have ordered.

- We do not deliver to your location.        

- We have been unable to obtain authorisation for your payment.

- One or more of the products ordered was incorrectly described or priced.

If we do cancel your contract, we will notify you by email and will refund to you any sum paid by you to us in respect of the contract as soon as possible and in any event, within 14 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered, nor we will be liable for any consequential losses.

Payment

For the purchase of items that are in stock at the time of sale, payment must be made in full at the time of purchase. For purchases where items are ordered from a supplier and an approximate delivery leadtime has been quoted, a deposit of at least 20% is required before the order will proceed. If a customer wishes to make a deposit payment, they should select the ‘Pay by phone’ option at the checkout and call 01458 445555 between 9.00 a.m. and 5.30 p.m. Monday to Saturday. No products ordered on this basis will be delivered until full payment of the total purchase amount has been received.

Lead Times

At the time of order, you will have been quoted an estimated delivery timescale. We constantly check our suppliers’ delivery time information and use the most accurate information available. Living Homes cannot be held responsible or liable for delivery delays which are outside of our control, although we undertake to inform customers if we are made aware that an order has been delayed. If in this circumstance the delay is unacceptable, the order may be cancelled and any payments refunded. Please inform us in writing within 7 days of being made aware of the delay, if you wish to cancel the order. We will refund to you any sum paid by you to us in respect of the contract as soon as possible and in any event, within 14 days of the cancellation of your order. Because the delivery timescale quoted is only an estimate, we must be allowed a reasonable additional time (which we deem to be 14 days) over that quoted in which to fulfil an order, before a cancellation on the grounds of late delivery will be accepted.

Delivery

Living Homes will contact the customer directly to advise on precise delivery arrangements. The delivery of products that have been ordered specifically from our suppliers, will only be arranged when we are in possession of the items. Our delivery schedules are such that we deliver to different geographical areas on different days of the week. We are unable to provide timed delivery, although we will always endeavour to meet the customer’s requirements where possible. If requested to do so, we will contact the customer on the afternoon prior to the pre-arranged day of delivery, to provide an approximate delivery time. Note that any time quoted is only approximate and we cannot be held responsible if a delivery is delayed or cancelled due to circumstances beyond our control. Where possible we will always advise the customer of any anticipated delay.

Living Homes' contract for delivery ends at the first external point of entry into the customer's premises. However our delivery personnel will always attempt to deliver items to the room of the customer's choosing, provided that such a request is considered reasonable. Our staff have a responsibility for their own health and safety, together with that of others and having assessed the risks, their decision will be final. In the event that delivery is considered unsafe, then having considered the individual circumstances, it may be possible to undertake a further attempt at a later date. In this situation, we would expect full cooperation from the customer.

Unless an item is described as 'Self Assembly' or 'Packaged for Home Assembly' and it is deemed safe to do so, our delivery personnel will deliver the item to the room of your choice. If you require, the item will be unwrapped, assembled and placed into position, with all packaging material removed. Self Assembly items can only be assembled by prior arrangement. There will be a charge levied for this service. Note that items requiring home assembly will be left packaged, so as to ensure the integrity of the items.

It is the customer's responsibility to ensure that the ordered items will fit into their home. If access issues make it impossible to complete a delivery, then at our discretion, it may be agreed that the items can be returned, but this will be subject to a re-stocking charge of at least 20% of the original purchase price (See below for more information related to the cancellation of non-faulty goods). If the customer states that they would like us to attempt delivery despite our reservations, responsibility for any damage caused to either the item or the customer’s property, remains with the customer.

It is the customer’s responsibility to ensure that access areas are clear of obstructions and vulnerable items are removed, prior to delivery. Damage to the customer’s property caused by delivery personnel, must be recorded on the delivery document at the time of delivery. We will not accept claims for damage that is reported after this time.

If the customer is not able to be at home to receive a prearranged delivery, we must be notified as soon as possible prior to the arranged time. In this situation a further delivery will need to be arranged. We reserve the right to charge for a failed delivery if we have not been notified in advance.

Old ‘end-of-life’ products can only be removed from the delivery address at the time of delivery, by prior agreement. Goods are only removed on a like-for-like basis, must be disassembled/disconnected prior to collection and must be in an acceptable level of repair and cleanliness. A charge will be levied for this service. If the contract for supplying a replacement item is subsequently cancelled, it will not be possible to return the ‘old’ collected item and hence any charge levied for collection will remain.

Cancellation & Returns

Faulty Goods

In the event that there is a problem with a delivered item, this must be discussed with the delivery personnel at the time of delivery. Details of the issue will be reported to our Customer Service department and they will make contact with the customer to advise how we intend to resolve the issue. Any damage to items that were not unwrapped at the time of delivery, must be notified within 48 hours of the delivery taking place. You will be requested to provide the following information; your name, address, contact details, order number, manufacturer, model name/number, together with full details of the issue. Our Customer Service department will advise how we intend to resolve the issue. Claims for damage not reported within 48 hours will not be accepted and it will not be possible to return the item for a refund.

Non-Faulty Goods

In-Store Purchases

Items purchased in-store can only be returned at the discretion of Living Homes. Return will only be accepted if the item is unused, in it's original condition and in it's original packaging. A re-stocking charge will be applied in order to cover transportation costs and to enable the returned item to be sold at a reduced price. The re-stocking charge will depend on the saleability of the item. It will be a minimum of 20% of the original purchase price, but may be as much as 50%. Collection of the product will be arranged at a time convenient to ourselves and the item must be made available at the earliest opportunity. Note that we reserve the right to refuse the return of an item if it is not in the same condition as when first supplied. In addition we will not accept the return of any items that have come into contact with animals or have been in a location where the occupants smoke. Due to hygiene issues, we will not accept the return of items of bedding (including beds, mattresses, mattress protectors, pillows etc) once the original packaging has been opened.

Online/Telephone Purchases

Items purchased in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may be cancelled within 14 days of the day on which the product was delivered. Cancellation must be made in writing by either email or letter, with notification received by us within the 14 day period. You have a responsibility to take good care of the product whilst it is in your possession and to return it to us at your expense. If you require us to collect the item, we will do so at a time convenient to ourselves. You will be advised of the cost if you require us to undertake the collection and this will usually be considerably more than any initial delivery charge. Once the item is back in our possession, it will be checked and providing everything is in order, a refund will be issued which will include any initial delivery charge. We will always refund in the same way that the original purchase was made. If this was done using a credit or debit card, we will always refund back onto the same card.

Note that you are not permitted to use the item (or assemble it if a self assembly item) if you wish to return it. It must be returned in it's original packaging and packaged so as to prevent transit damage. The customer will be liable if a product is damaged in transit as a result of inadequate packaging. A refund will be refused if the item received is damaged, or shows signs of use. We also reserve the right to reduce the amount of the refund to cover missing packaging/items/parts.

Due to hygiene issues, we are unable to accept the return of items of bedding (including beds, mattresses, mattress protectors, pillows etc) once the original packaging has been opened. We are also unable to accept the return of bespoke items that are made to order. This includes sofas, chairs, divan beds, mattresses and selected furniture ranges where the customer has selected finishes/options for fabric, wood colour, firmness, size, seat interior, handles etc and the product has been made to order.

Note that the Consumer Contracts Regulations do not apply if you have made enquiries about a product in-store, even if you chose to conduct the final purchase online or by telephone.

Clearance Items

If a Clearance/Blue Cross item is damaged prior to delivery, we will not replace it with a new item. The options available to the customer in this circumstance are either a full refund, an agreed allowance or re-selection with the customer paying the difference in the purchase price.

Storage of goods

We are only able to store items for a maximum of 4 weeks following customer notification that an order is available for delivery. If items are to be stored for more than 2 weeks, we would expect that the order is paid in full. Storage beyond 4 weeks will incur an additional storage charge of 2.5% of the total invoice value per month or part of. Note that extended storage will reduce the duration of the manufacturers guarantee since the guarantee period commences at the time that storage begins.

The Furniture Ombudsman / Dispute Resolution Ombudsman

As a responsible retailer, Living Homes is determined to provide products of the highest quality, as well as giving outstanding customer service. We do understand however, that despite all the best intentions, sometimes things do go wrong. When such an issue occurs, we will do our utmost to ensure that our customers are fully satisfied with our response and that the matter is dealt with in a timely manner.

If you are not entirely satisfied with your purchase, please contact the showroom where you made your purchase or for online purchases, call 01458 445555 or send an email to enquiries@livinghomes.co.uk. Please provide as much detail as possible about your purchase including your full name and address, the order/invoice number, details of the product purchased and a description of the problem. We will try to resolve any issues as quickly as possible and with the minimum of inconvenience.

If you remain unhappy with our final response, you may be entitled to refer your complaint to The Furniture Ombudsman/Dispute Resolution Ombudsman and we are bound to follow any decision that they make. The Furniture Ombudsman/Dispute Resolution Ombudsman are an independent, not-for-profit organisation which raises standards and is approved by the government to provide alternate dispute resolution services. To provide our customers with peace of mind and to demonstrate our commitment to responsible retailing, Living Homes is a full member of The Furniture Ombudsman/Dispute Resolution Ombudsman. We follow their Code of Practice which provides our customers with additional protection if things go wrong. To find out more about The Furniture Ombudsman/Dispute Resolution Ombudsman and how you might be able to use their dispute resolution service, visit www.thefurnitureombudsman.org or telephone 0333 2413209.

Further information on the European Online Dispute Resolution (ODR) Platform can found at: http://ec.europa.eu/odr

Retention of title

All goods supplied to a customer under the terms of an invoice, remain the sole and absolute property of Living Homes, both in law and equity, until the customer has paid in full the agreed invoice price.

Nothing contained within these terms and conditions affect the customer's statutory rights.