Tel: 01727 827744

Terms & Conditions

  • 1. About us and these Terms and Conditions
    • 1.1. "We/us" are Fineback Furniture Limited, a company registered in England under company number 5706788 with its principal place of business at 7-9 Haseldine Road, London Colney, St Albans, Herts AL2 1RR (and its registered office at York House, 14 Salisbury Square, Old Hatfield, Herts AL9 5AD). If you have any comments, suggestions or complaints, we would be pleased to receive them at this address or by e-mailing us at info@fineback.co.uk. Alternatively, you may telephone us on 01727 827744 or fax us on 01727 827755.
    • 1.2. These Terms and Conditions govern the supply by us of any products ordered by you, whether on the http://www.fineback.co.uk web site ("the Site") or by any other means. The particular product that you order at any one time from us is referred to in these Terms and Conditions as "the Product".
    • 1.3. In these Terms and Conditions:
      • 1.3.1. "you" means the person who orders a Product from us;
      • 1.3.2. "the Contract" means your order of a Product in accordance with these Terms and Conditions which we accept in accordance with clause 2.6 below. If you order more than one Product or several units of the same type of Product, each unit of each Product will constitute a separate Contract; and
      • 1.3.3. a "business day" or a "working day" means a day which is neither (a) a Saturday or Sunday nor (b) a public holiday anywhere in the United Kingdom.
  • 2. Making Orders of products
    • 2.1. When making an order on the Site, you must follow the instructions on the Site as to how to make your order and for making changes to your order before you submit it to us.
    • 2.2. Once you select a Product that you wish to order, you will then be shown or told the price you must pay including VAT, if applicable, and standard delivery charges. Subject to clauses 2.8 and 2.9 below, this is the total that you will pay for receipt of the ordered Product. There are no extra charges unless you opt for special delivery, in which case we shall inform you of any additional cost before we accept your order. We do not deliver outside the United Kingdom. It is your responsibility to ensure that you have sufficient access and space for the item that you are ordering.
    • 2.3. In these Terms and Conditions:
    • 2.4. You shall pay for the Product at the time of ordering by supplying us with your credit or debit card details from a credit card company acceptable to us, which we require in order to process your order. If you order face-to-face, you may pay by an acceptable credit card or, alternatively, by cheque guarantee card or cash. We shall obtain the money for payment of the Product when we accept your order.
    • 2.5. Your order remains valid as an offer until when we accept your order or if earlier when we receive your notice revoking your order.
    • 2.6. We shall not be obliged to supply the Product to you until we have accepted your order. An e-mail, letter, fax or other acknowledgement of your order is purely for information purposes and does not constitute acceptance of your order. The Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your order by receiving cleared funds from you or your credit card company. We may send a confirmatory invoice to you at any time after your order. Until we accept your order, we reserve the right to refuse to process your order.
    • 2.7. If you discover you have made a mistake with your order after you have submitted it to us, please contact us immediately by email at info@fineback.co.uk or telephone on 01727 827744 or fax on 01727 827755. You must do so before we accept your order and in any event within 6 working days after the date of your order.
    • 2.8. If the price for the order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
    • 2.9. If there is no VAT applicable to your order, then the price that you must pay to us for the order will be reduced by deducting the VAT element confirmed in the confirmatory e-mail.. We will require certain documentation from you regarding your VAT status if you are seeking a VAT-free purchase and this document must be received before the offer to purchase is accepted.
  • 3. Delivery of the Product
    • 3.1. We aim to deliver the Product to you at the place of delivery requested by you in your order. Alternatively, you may let us know if you wish to collect the Product from us at our premises, in which case we shall tell you when it is ready for collection. We aim to deliver or let you know when the Product is ready for collection within the time indicated by us but we cannot give an exact date. We shall not be liable to you for late delivery or for informing you late that the Product is ready for collection. Delivery times given by us or on the Site are estimates only.
    • 3.2. In respect of orders that we accept, we shall inform you if we are unable to supply the Product to you within 14 days of the date on which you ordered it. However, if you have not received the ordered Product or (if you asked to collect it) you have not been informed that it is ready for collection within six weeks (or such other period as you and we may agree) of the date on which you ordered it, then you or we may cancel your order or the Contract. In that event, within 14 days of the end of that sixth week (or amended) period we shall refund to you or your credit card company as applicable any money paid to us under the Contract.
    • 3.3. Where we have agreed a delivery date with you, you should ensure you are, or a representative is, available to receive the goods. If you subsequently refuse to accept, or do not put in place arrangements to accept, delivery on a date which has been previously agreed by you, then in addition to the costs of storage and redelivery, there will be a £25 surcharge.
    • 3.4. You shall own the Product (and title shall pass to you) on the later of (a) delivery or collection of the Product and (b) payment in full for all sums owing by you to us on any account whatsoever whether under this Contract or any other contract (“Payment”). After delivery, but until Payment, you shall hold the Product as bailee for us.
    • 3.5. If delivery or collection is delayed through your unreasonable refusal to accept delivery or to collect it (after you have told us that you would like to collect it), then we may (without prejudice to any other right or remedy available to us) do either or both of the following:
      • 3.5.1. charge you for our reasonable storage fee and other costs reasonably incurred by us; and
      • 3.5.2. notify you that we are immediately cancelling the Contract, in which case we will refund the payment made by your credit card company to us for our sale of the Product to you, less our reasonable charges for delivering and returning the Product.
    • 3.6. FineBack Furniture has the right to sub contract all or part of the work arising from an order as it deems necessary.
  • 4. Returning goods
    • 4.1. IF YOU ARE A CONSUMER, THE REMEDIES IN CLAUSES 4 AND 5 ARE ADDITIONAL TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS, UNDER WHICH YOU HAVE THE RIGHT TO INSIST THAT GOODS THAT YOU BUY FROM BUSINESSES MUST CORRESPOND WITH THEIR DESCRIPTION, BE FIT FOR THEIR PURPOSE AND BE OF A SATISFACTORY QUALITY.
    • 4.2. THE REMEDIES IN CLAUSES 4 and 5 ARE ADDITIONAL TO ANY MANUFACTURER´S WARRANTY TO YOU THAT MAY ACCOMPANY DELIVERY OR YOUR COLLECTION OF THE PRODUCT.
    • 4.3. Subject to the rest of this clause 4, irrespective of your other rights for faults with the Product, you may return the Product to us for any reason if you are not happy provided that within 7 business days of delivery or collection of the Product you have returned it to us or notified us in writing or by e-mail that you wish to return it. The notice must be delivered by hand or sent by post to our address at 7-9 Haseldine Road, London Colney, St Albans, Herts AL2 1RR or sent by e-mail to the e-mail address stated in clause 1.1 above, or sent by fax to the number stated in clause 1.1 above. The notice shall be deemed to have been given on the day on which it was sent.
    • 4.4. We cannot accept returns of any custom-built Product (ie where specific colour options have been selected and/or accessories added at your request), although we may at our absolute discretion agree to accept the return of a custom-built Product in special circumstances and provide a credit voucher to you.
    • 4.5. If you return the Product:
      • 4.5.1 we will only accept it if you return it to us in its original condition. Please note that the Product is your responsibility until we receive it. Chairs and other items of furniture must be returned by courier. For items sent by post we recommend that you send it recorded delivery and get a certificate of postage. You shall be responsible for paying all the costs of returning the Product. If we have not received the Product within 15 days of your notice of intention to return, you hereby authorise us to collect the Product from you and obtain from you or your credit card company our reasonable charges for the cost of collection and return of the delivered Product under the cancelled Contract; and
      • 4.5.2 within 30 days of your notice of intention to return (where you are entitled to do so), we shall refund the payment made by you or your credit card company to us for our sale of the Product. Except where the Product is delivered to you in error or it is defective, we shall deduct our reasonable charges for the original delivery, and for the collection and return of the product from you.
    • Damage to Goods: You are responsible for inspection of the goods at the time of delivery and must immediately report in writing by e-mail or fax. Notification of damage or missing components must be made within 48 hours of delivery.
  • 5. Repairs
    • 5.1. IF YOU ARE A CONSUMER, THE REMEDIES IN CLAUSES 4 AND 5 ARE ADDITIONAL TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS, UNDER WHICH YOU HAVE THE RIGHT TO INSIST THAT GOODS THAT YOU BUY FROM BUSINESSES MUST CORRESPOND WITH THEIR DESCRIPTION, BE FIT FOR THEIR PURPOSE AND BE OF A SATISFACTORY QUALITY.
    • 5.2. THE REMEDIES IN CLAUSES 4 and 5 ARE ADDITIONAL TO ANY MANUFACTURER´S WARRANTY TO YOU THAT MAY ACCOMPANY DELIVERY OR YOUR COLLECTION OF THE PRODUCT.
    • 5.3. To the extent permitted by law, our entire liability for breach of warranty in clauses 4.1 and 5.1 shall be at our discretion either to:
      • 5.3.1 repair the Product without charge; or
      • 5.3.2 replace the Product without charge; or
      • 5.3.3 refund the price paid by you for the Product.
    • 5.4. The remedies under clause 5.3 shall be conditional on you providing us with full details of the defect as soon as possible after you have become aware of the problem.
    • 5.5. We may decide not to repair, replace or refund the Product and we may require you to pay all reasonable carriage costs and our current standard testing fee if we find that the Product is not defective or that the Product has been:
      • 5.5.1. misused; or subjected to neglect, carelessness, damage or abnormal conditions; or
      • 5.5.2. involved in any accident or attempt at modification or repair; or
      • 5.5.3. dealt with contrary to our or the manufacturer´s instructions; or
      • 5.5.4. combined with another product with which it is not compatible. You are responsible for ensuring before ordering that the Product is suitable for your requirements and can be combined with any other particular product.
    • 5.6. The warranty in this clause 5 sets out our liability in respect of a defective or damaged Product and to the extent permitted by law shall apply in lieu of and instead of all other conditions, warranties or obligations which would otherwise be implied by common law, statute or otherwise.
    • 5.7. The warranty contained in this clause 5 is specifically limited to the person who makes the order with us. No warranty is made to any other person.
    • 5.8. If you would like us to repair or replace the Product outside of the scope of any warranty given in these terms, we may agree to do so subject to a reasonable fee.
  • 6. Circumstances beyond our control
    • 6.1. We shall not be liable for any delay or failure to deliver due to any circumstances outside our reasonable control, including without limitation Acts of God, civil commotion, riots, revolt, war, terrorism, hostilities, warlike operations, piracy, arrests, restraints or detainments of any competent authority, strikes, lock-outs, floods, droughts, fire, earthquakes, mechanical breakdown, inability to obtain or shortage of materials, equipment or transportation or any legislation change. However, if you have not received the ordered Product within the agreed time in accordance with clause 3.2, you may cancel the Contract.
  • 7. Limitation of our liability
    • 7.1. IF YOU ARE A CONSUMER, THE PROVISIONS IN CLAUSES 7.3 and 7.4 DO NOT APPLY TO YOU.
    • 7.2. We do not exclude our liability for our fraud or for death or personal injury caused by our negligence.
    • 7.3. Subject to clause 7.2, we shall not be liable to you (whether in contract, tort or otherwise) in respect of any:
      • 7.3.1. indirect or consequential losses, damage, costs or expenses;
      • 7.3.2. loss of profit;
      • 7.3.3. loss of revenue;
      • 7.3.4. loss of data; or
      • 7.3.5. loss of goodwill,
      • suffered by you arising from your use of the Product or from your order to purchase a Product including any error, omission or defect in the Product, even if such losses were reasonably foreseeable or we or our sub-contractors or agents had been advised of the possibility of your incurring such losses.
    • 7.4. Subject to the rest of this clause 7, our total liability to you, whether in contract, tort or otherwise, shall not exceed the price for the defective or undelivered Product under the Contract. You acknowledge that this is a fair amount given the price of the Product and allocation of risk between you and us.
    • 7.5. Statements, warranties or recommendations made verbally by agents or employees of FineBack Furniture Limited cannot vary, amend or override these Terms and Conditions unless confirmed in writing by a director of FineBack Furniture Limited.
  • 8. Notices
    • 8.1. Subject to the rest of these Terms and Conditions, any notice or other communication required or authorised to be given under the Contract shall be in writing and may be served by personal delivery or by pre-paid, registered or recorded delivery letter or by facsimile addressed to the relevant party at the address or facsimile number of the relevant party last known to the other.
    • 8.2. Subject to the rest of these Terms and Conditions, any notice given by post shall be deemed to have been served two business days after the same has been posted if you are based in the UK or seven business days after the same has been posted if you are not based in the UK and any notice given by facsimile shall be deemed to have been served upon receipt of an answerback signal from the receiving machine, and in proving such service it shall be sufficient to prove that the letter or facsimile was properly addressed or numbered and, as the case may be, posted as a prepaid, registered or recorded delivery letter or despatched or an answerback signal received.
  • 9. General
    • 9.1. We shall keep a record of your order and these Terms and Conditions until six years after we have accepted your order. However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your order and any e-mail or written acknowledgement that we make.
    • 9.2. The Contract shall be governed by English law and you hereby submit to the non-exclusive jurisdiction of the English courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
    • 9.3. No failure or delay by either party in exercising any right under the Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish your or our rights under the Contract.
    • 9.4. If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as the Terms and Conditions shall be capable of continuing in effect without the unenforceable term.
    • 9.5. These Terms and Conditions (incorporating the Site Terms and the Privacy Policy, together with price, Product and delivery details agreed between you and us, contains the entire agreement between you and us in relation to the Contract. These Terms and Conditions apply to the exclusion of any contracts or terms submitted, proposed or stipulated by you.
    • 9.6. A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce a term of the Contract.