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TM Interiors Ltd - Terms & Conditions
TM Interiors Ltd - Terms & Conditions.
Conditions of Sale
What these terms cover. This section sets out the terms and conditions relating to the sale of products and services by TM Interiors Ltd to you. These terms apply for phone, email, website, or any other distance selling order. By placing an order with us through these methods you agree to these terms and conditions.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
Information about us and how to contact us
Who we are. We are TM Interiors Ltd a company registered in England and Wales (company No. 07428107) our address is 41 Culley Court, Orton Southgate, Peterborough, England, PE2 6WA. Our registered VAT number is GB09411932.
How to contact us. You can contact us by telephoning our customer service team at ++(0)1733 230499 or by writing to us at info@tm-interiors.co.uk or by writing to the address above.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Our contract with you
Your Order. The display of items for sale on our website or in our newsletter is an invitation to treat. When you place an order through our website, by email or over the telephone you are making an offer to purchase a product or service from us. When we have received your order we will send you an email confirming receipt of your order and an order number. We reserve the right to accept or reject your order in full or in part for any reason.
How we will accept your order. Our acceptance of your order will take place when we email you to confirm dispatch of the products, confirm they are ready for collection, or agree to provide the services. Any products or services on the same order which we have not confirmed in the dispatch confirmation email do not form part of that contract.
If we cannot accept your order. If we are unable to accept your order in full or in part, we will inform you of this by phone or email and will not charge you for that part of the order which we cannot fulfill. This might be, for example, because the product is out of stock, has been discontinued, there is an error in the pricing or description of the product, or because we are unable to meet a delivery deadline you have specified.
When Payment will be taken. Your payment will be collected at the date of order when you make the offer to purchase a product or service from us or upon confirmation of dispatch of products or completion of the services. Some bespoke products and services will be subject to the payment of a deposit. If a deposit is required, this will be taken from you upon confirmation of our acceptance of your order, and the balance will be payable on completion of the services or confirmation that the product has been dispatched or is ready for collection.
Required information. We may need certain information from you so that we can supply the products or services to you, for example, the address for delivery, and if shipping internationally, information required to complete import and customs forms. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for any delay or inability to fulfil the contract caused by you not giving us the information we need within a reasonable time of us asking for it.
Delivery & Collection
Delivery costs. The costs of delivery will be as displayed to you on our website or as notified in the confirmation of dispatch. The costs of delivery do not include any taxes, duties or levies which may apply to shipments sent outside of Great Britain (including shipments sent to Northern Ireland), and you acknowledge you may be required to make such payment to the courier or postal service prior to receiving such goods. Any offer of free shipping does not include express deliveries, weekend deliveries, international shipment, or import duties or taxes.
When we will provide the products. The delivery aim can be found in the product pages, deliveries are normally made within 3-5 working days from date of order and all orders are shipped and tracked via our nominated courier. Bespoke items and orders from batches in production will be subject to a production time frame that is outside of these delivery times. The order acceptance will confirm when deliveries have been shipped and products are expected to arrive.
Tracking your order. The dispatch confirmation email we send confirms dispatch of your order and provides a tracking number information.
Delivery Dates. Deliveries are generally made Monday Friday between 8am and 6pm. TM Interiors reserves the right to charge an additional fee for express shipment, international shipment and Saturday deliveries.
Collection by you. If you have asked to collect the products from our premises, you can collect them from us by appointment at any time during our working hours of 8.30 to 4.30 on weekdays (excluding public holidays) and weekends by prior arrangement.
Missed delivery or collection. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the courier may leave the products in a safe place, with a neighbor, or leave you with a note informing you of how to rearrange delivery or collect the products from a local depot. If the goods cannot be delivered and are returned to us, or you fail to collect them from us as agreed, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and reserve the right to charge you for redelivery, costs off storage, costs of return and any applicable restocking fees.
Delayed delivery. Delivery dates are given in good faith but are not guaranteed and no liability will be accepted for any loss whatsoever suffered or caused through late delivery or non-delivery and time of delivery shall not be of the essence. If we notify you there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products or services which you have paid for but not received.
Title and Risk
When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
When you own goods. You own a product which is goods once we have received payment in full for the product and any other products or services which form part of the same contract. Until you become the owner of the products, you must not sell the products or part with possession of the products.
Information about Products and Services
Stock and Availability. We do not hold stock of all items so while we try to ensure all information is correct from time to time items that we list for sale can become unavailable at any given moment. If you happen to order an item which is out of stock, discontinued, not available for shipment to your country or which otherwise becomes unavailable we will let you know. Sometimes items are special orders shipped from abroad and if this is the case you will be notified via email.
If you want to check availability before placing an order then please contact us on ++(0)1733 230499 or by email to info@tm-interiors.co.uk, and we will be happy to check for you.
Products and packaging may vary from their pictures. The description and images of products and packaging on our website are for illustrative purposes only. Although we have made every effort to include the manufacturer’s description and to display the colours accurately, we cannot guarantee that the manufacturer’s description is accurate or that a device's display of the colours accurately reflects the colour of the products. We recommend you order a sample to avoid any confusion regarding colour, scale of pattern, finish etc. However, due to changes which may occur in the manufacturing process there may be slight variations between the products you receive and any sample, product colour and shade may vary from one manufacturing batch to another. This will be more apparent if orders are placed at different times. This is also why we cannot accept partial returns of orders for fabrics, wallpapers or paints, and why we will not accept returns of individual rolls or paint tins.
Permitted Tolerances. All sizes, weights, capacities, dimensions and measurements indicated on our website are subject to permitted variations as follows: products with hard edges, we reserve the right for up to 5mm variations; soft foam upholstery items, we reserve the right to variation of size up to 5% of the total size; readymade curtains and blinds, fabric by the metre and pattern repeats, allow 3% of the total size or +/- 3 cm variance on sizes stated, which is the standard industry tolerance allowance
Fabrics and soft furnishings. Fabrics are constructed with various natural yarns and synthetic fibres. Often there are slubs and natural weave irregularities, which enhance the final appearance of the fabric. It should be noted that this is not a defect and is an inherent characteristic of the cloth. Any goods that require more than one width of fabric will have joins and seams. Our curtains are carefully packed and despatched. Any folding of material will cause certain creases; in the case of velvet and man-made fibre material, these will drop out after hanging. Any folding of material for prolonged periods or any items left in the packaging for long period in times may result in long term creasing or may affect the fabric permanently. Cotton prints may need a cool iron.
Wallpaper. You must follow the manufacturer’s guidelines and hanging instructions when using wallpaper. If a fault is discovered you must immediately stop using the wallpaper and contact us to let us know. If you have used any of the wallpaper before notifying us of a fault, or do not return a complete order (including all rolls of wallpaper), we will not be able to accept returns.
Services offered. Along with the supply of products we offer a full range of services, including measuring and installation services for curtains, guidance on measuring, curtain making, advice on the use of fabric and wallpapers as well as interior design services. TM-Interiors can offer you these services should you need them, but if you choose to purchase goods online from us then we accept that it is your right to decline the use of such services and simply purchase the product from us.
Making sure your measurements are accurate. If we are making a product to measurements which you have supplied to us, you are responsible for ensuring that these measurements are correct. If the measurements are not correct we reserve the right to charge you for any additional materials or time. You can find information and tips on how to measure on our website or by contacting us (ask about our measuring services).
Measuring and installation services. If you use our measuring and/or installation services, you agree to ensure that we are given access to your premises at the agreed time and date and that a person over 18 years old shall be present at all times while we are on your premises. You agree to provide us with a safe place to work and reasonable co-operation.
If you do not allow us access to provide services. You acknowledge that we are entitled to charge an additional fee if we cannot gain access to your premises under the above conditions at the agreed time. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract.
Pricing
Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct but mistakes may happen. We normally check prices before accepting your order, if a product's correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. All prices are inclusive of VAT unless stated.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
Customs. When ordering goods from TM-Interiors.co.uk for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from TM-Interiors.co.uk, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Changing an Orders
Changing an Order. If you wish to make a change to a product or service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, the delivery date or anything else which may be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are not acceptable to you, you may choose to end the contract but this may be subject to a charge.
Cancelling an Order.
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. If you cancel an order or your contract in part, any associated discounts will also cease to apply.
How to end the contract with us (including if you have changed your mind). If you wish to amend or cancel an order you must contact us by phone or notify us by email.
Cancellation because you have changed your mind:
Cooling-off period. Customers in the UK and European Union are entitled to a statutory cooling-off period of 14 days for standard products and services. Details of this statutory right and an explanation of how to exercise it are provided in the order confirmation e-mail and in the Returns Policy. We can only accept cancellations pursuant to the cooling off period if we receive your email within 14 days of confirmation of dispatch or our acceptance of your order.
The cooling-off period does not apply to bespoke items, items manufactured or cut to order. Cancellation of services during the cooling off period will be subject to payment of the costs incurred by us prior to receiving such cancellation.
Cancellation where the cooling off period does not apply. Most of our products are bespoke, cut to order, or manufactured to order, meaning they are not subject to the cooling-off period and it is not possible to cancel or amend an order for these items without our approval. If we agree to your cancellation of such items they will be subject to a restocking fee, this is typically 25% of the non-discounted sale price for fabrics and wallpapers and 50% of the non-discounted sale price for made-to-measure items, items manufactured to order, and bespoke products (including curtains, blinds, cushions, pelmets and handmade furniture). If we receive written correspondence by email within 24 hours of the order being placed will not generally incur a restocking fee unless we have incurred charges or costs prior to receiving the cancellation. At all other times we will apply a restocking fee. We will not accept any request for cancellation of an order more than seven days after the date an order was placed.
Cancellation by us. We reserve the right to suspend or cancel an order if you do not pay us when you are supposed to, or if you do not provide us with the required information to fulfil an order. We may also suspend, delay or cancel an order: because a product is no longer available for supply; to deal with technical problems or make minor technical changes; to update the product to reflect changes in relevant laws, regulatory requirements or tax rules; to make changes to the product or services as requested by you. If we have to suspend, delay or cancel an order we will notify you as quickly as possible to request payment or to provide you with an updated expected delivery date, at which point you will be given the option to continue with your order or amend/cancel your order.
Faults, Imperfections and Damaged Goods
Due to the nature of the products faults and imperfections can and do occur during the manufacturing process, however if you have cut, altered or used any of the products prior to notifying us of a fault or imperfection we will not be able to accept them for return or replacement. Products damaged during shipping/transit are not classed as faulty and are instead covered by shipping/transit insurance and will be repaired.
You must inspect products on arrival. You must inspect all items as soon as they are delivered to you or collected from us to ensure they are the correct quantity and are of satisfactory quality. All claims for loss or damage must be made within 48 hours of delivery or collection. In the event of a fault, please send us full details by email to info@tm-interiors.co.uk.
Replacement and Refunds. If a product is defective in any way or has a fault, you must return the item to us, in the original packaging and in the same condition as you received them. If the faulty item is part of a batch or order we will need to receive all items in the batch or order (we cannot, for example, accept a return of a single roll of wallpaper if multiple rolls were supplied). Following an inspection by our quality control team, if we are satisfied that there are discrepancies, we will offer you a replacement or issue a refund. Any claims for faulty items must be made within 48 hours of initial delivery or collection, and all returned items must be received by us within 7 days of you notifying us of a discrepancy.
In all events, the limits of liability for any fault or defect shall not exceed the purchase price of the item plus the reasonable costs of return.
Returning Samples.
The charge for samples represents our cost for the service of providing samples to you. You may return samples but no refund will be offered for their return and you will be liable for the costs of return.
Where we agree to loan samples to you this is subject to the payment of a £50 charge (which represents our administrative fee and postage costs). If loaned samples are returned to us, in the condition in which you received them, within 14 days of delivery to you, we will provide a corresponding credit off your first order (subject to a minimum order of £500). If the samples are not returned within this period you will be deemed to have purchased the sample.
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You will be liable for the products until such time as we receive them. You must either return the goods in person to where you collected them, or post them back to us at our address given above.
When we will pay the costs of return. We will pay the costs of return: (i) if the products are faulty or mis-described; or (ii) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances you must pay the costs of return. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment, less any applicable charges. We will make any refunds within 14 days of receipt of the returned goods.
Health & Safety
By purchasing or using any product, you acknowledge that you have read and understood any applicable health & safety guidelines published by us or the manufacturers.
Conditions Relating to Both Your Use of TM-Interiors.co.uk and Sales to You
No transfer of intellectual property. The sale of our products to you does not confer any right of license upon you to use, exploit, or to otherwise utilise any intellectual property right subsisting in or relating to the goods, or on our website, of which we are otherwise entitled to. The unauthorised copying of any of our designs or any parts of our website may give rise to legal action.
Children. We sell children's products for purchase by adults. If you are under 18, you may use TM-Interiors.co.uk only under the supervision of a parent or guardian.
Electronic communications When you visit TM-Interiors.co.uk or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
How we may use your personal information. We will only use your personal information as set out in our [LINK TO PRIVACY POLICY].
Losses. TM-Interiors.co.uk will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. TM-Interiors.co.uk does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.
Alteration of Service or Amendments to the Conditions. We reserve the right to make changes to our website, policies, and these terms and conditions at any time. You will be subject to the terms and conditions in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Transfer of the agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Events beyond our reasonable control. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
No Representation. You acknowledge that you did not rely on any statement, oral warranty, promise or representation made or given by or on behalf of us which is not set out in these terms and the purchase order.
Waiver. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing law and jurisdiction. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
TM INTERIORS LTD - RETURNS POLICY
Of course we want you as a customer to be content and happy with your purchase from us. If you are not then please contact us for a refund or exchange.
Please note however that unless faulty or not as described there are products that we sell that are excluded from our straight forward cancellation/refund/exchange policy and are not subject to the statutory cooling off period. This includes: any products specially ordered for you; all fabrics, wallpapers, trimming or pole that are sold by the meter as the items have been cut specifically to your requested measurement; any products which are ordered and manufactured in batches including paints, wallpapers and fabrics; any products which are made-to-measure including curtains, blinds, bespoke cushions and pelmets; any products manufactured to order; and any handmade or otherwise bespoke products.
Cancellations or returns for any of the foregoing products can be made at any time but will be subject to our agreement and payment of any applicable restocking or other charges as set out in our terms and conditions. If cancellations are made within 24 hours of being placed and have not been processed by us at the time of cancellation it may be possible to provide a full refund.
All returns must notified to us within 7 days of receipt of your order, and returned to us within 14 days. Please note: no returns can be accepted if the goods have been cut, treated or altered in any way.
For international orders we will only refund the order value of the goods unless otherwise agreed. We are unable to refund any duties and/or taxes that you may have paid as a result of your purchase.
All costs relating to postage for returns are your responsibility, returns for fault will be refunded in accordance with our terms and conditions. You must ensure products are returned to us in the original packaging and are otherwise appropriately protected for transit. Please do not use thin plastic wrapping such as bin liners. No refund can be issued if goods are badly wrapped and are soiled or damaged when in transit.
Faults
While every effort is made to ensure that you receive the required goods in the best possible condition, please inspect all items carefully upon receipt. In the unlikely event that you receive faulty goods, please contact us immediately so we may submit a claim to the courier company and arrange for a replacement to be sent out. It's important that returned items are in the best possible condition, so please take reasonable care of them and make sure they are well protected prior to sending back and in original packaging. When returning goods, you must ensure they are satisfactorily wrapped in waterproof packing or original delivery packaging.
If the unlikely event you have received faulty or damaged goods, and this is confirmed by us, we will offer a replacement or refund provided we receive the returned goods within 30 days of delivery to you. However, we would appreciate it if you would notify us within a few days of receipt, of any such instance. A replacement/refund will be resolved as swiftly as possible.
Returns Information
IMPORTANT: Please include your name and order number on the outside of the packaging to enable us to identify and refund your order.
If you are returning any products, please send them to:
TM INTERIORS LIMITED,
Millisle House,
41 Culley Court,
Bakewell Road,
Orton Southgate,
Peterborough
PE2 6XD.
Please allow 2 weeks from the collection or posting date for us to credit your account.
We will refund the credit or debit card of the person who originally placed and paid for the order.
Any goods must be returned in the original condition and suitable for re-sale.
Please note: no refunds can be given once the goods have been cut, treated or altered in any way.
All costs relating to postage for returns are the buyer's responsibility unless otherwise agreed.
We would recommend returning goods via a professional courier services such as UPS.
Fabric Returns:
Fabric is cut to order, and may be manufactured in batches, as a result it can only be returned by prior agreement. It is possible that some of our supplier fabric companies may agree to accept a return, provided the length of fabric is at least 5 metres, but they will typically add a restocking/handling fee of at least 25% of the order value (prior to any discounts), and this would be deducted from a refund given to you. This handling charge covers the fact that your length of fabric has been cut specifically for you, and another future customer is unlikely to require the same length and so the fabric company will make a partial loss on the returned goods. If accepting that a charge may be applied you would like us to investigate whether a return can be accepted please contact us. The returned fabric must be received by us in the same condition as it was when it was shipped.
Wallpaper/Paint Returns:
Wallpaper cut to your order, sold by the meter, manufactured to order, or supplied as part of a batch, is specially commissioned by you and are considered bespoke items, as are some paints if they have been specially mixed to order. Returns of any of these products is not normally accepted, but if agreed to by us would be subject to a minimum return of 5 rolls, and subject to applying a restocking fee/handling fee as set out in our terms and conditions.
Rug Returns:
All returns must notified to us within 7 days of receipt of your order using info@tm-interiors.co.uk quoting your name and Order ID and reason for return, and returned to us within 14 days.
All costs relating to postage for returns are the buyer's responsibility.
We can arrange for a courier collection to have UPS collect the rug from you and return to us however we would need to apply a £25.00 charge for this service.
Nothing in this Return’s Policy shall be deemed to affect your statutory rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
– up to 30 days: if your product is faulty, then you can get a refund.
– up to six months: if your faulty product can't be repaired or replaced, then you're entitled to a full refund, in most cases.
– up to six years: if the product can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you.
If you live outside the UK you agree that you are liable for any additional handling fees and custom duties and or other taxes that may become due as your order passes through customs.