Terms and Conditions

General

Josh Thomas Design House has been trading in the sale of Antiques, 20th Century Antiques and 21st Century items since 2008.  This website and our business premises are based in the UK only and items for sale on our website can also be purchased by calling into our business premises at 7 The Southend, Ledbury, Herefordshire HR8 2EY. UK.

Should you wish to purchase an item via our website and require additional information about the item, please contact us at:  info@joshthomasdesignhouse.co.uk

Many of the items we have available for sale are antique, vintage/retro items and are subject to signs of use and age-related wear.  In some cases, and where deemed necessary, items have been restored; including re-spraying, re-painting and re-upholstering, which will be stated on our website or about which you will be notified should you call into our business premises  However, we try to maintain items in as much of an original condition as possible.

Every effort is made to ensure that each item is portrayed as accurately as possible.  However, we cannot be responsible for how the images are portrayed via the customer’s own media, whereupon it is possible there could be slight differences in colour, texture, etc.  If you are unsure about an item, please contact us at:  info@joshthomasdesignhouse.co.uk  to ensure the item you are ordering is the item you want.

Measurements and descriptions are as accurate as possible, however there may be some variations.  If you are uncertain, please contact us at:  info@joshthomasdesignhouse.co.uk

Terms & Conditions

1.  These Terms and Conditions apply to the use of the website at joshthomasdesignhouse.co.uk  By accessing the website joshthomasdesignhouse.co.uk  and/or placing an order, you agree to be bound by these terms and conditions.

Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us.

If you do not accept these terms, do not use this website.

The www.joshthomasdesignhouse.co.uk website is operated by: Josh Thomas Design House – whose principal office is at 7 The Southend, Ledbury, Herefordshire HR8 2EY. UK.

Josh Thomas Design House is not VAT Registered.

Our contact details are as follows:-

7 The Southend

Ledbury

Herefordshire

HR8 2EY

UK

Email: info@joshthomasdesignhouse.co.uk

Telephone number: +44(0) 1531 631791

 

2.  Introduction

2.1. You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

2.2. We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

2.3. If you have any concerns about material on our site, please contact us by email: info@joshthomasdesignhouse.co.uk

3. Ordering from Us

General

If you see an item of furniture/large item(s) you would like to order, prior to ordering please check the measurements of the said item(s) with the measurements of your doorways, measurements and angles of stairwells, etc. to ensure that the item can be delivered and will fit through your door(s)/up your stairs, etc.  If the ordered item(s) is then delivered to you, but you are unable to get it into your property we cannot be responsible for this issue.  In the unfortunate circumstance that this should occur, please contact us on:  01531 631791 to discuss the next steps, but please note that a re-stocking fee may be charged and you will be responsible for returning the item(s) to us, including cost (see Delivery & Returns).

3.1. You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered

3.2. Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made, unless we have notified you that we do not accept your order or you have cancelled your order:

3.3. We may refuse to accept an order:

a. Where goods, services or information ordered by you are not available;

b. Where we cannot obtain authorisation for your payment;

c. If there has been a pricing or product description error; or

d. If you do not meet any eligibility criteria set out in our terms and conditions.

e. If we do not deliver to your area;

3.4. Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.

3.5. We cannot guarantee that colours in the website are fully equivalent to the item’s actual colour. This depends partly on the colour settings of your computer and monitor.

4. Pricing

4.1. All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

4.2.  Overseas orders may be subject to import duties and taxes, which are charged upon arrival to destination address.  These charges are to be paid by the purchaser.

4.3. Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.

4.4. Our prices are reviewed regularly and may change without prior notice at any time.

4.5. All prices and charges on the Website are shown in UK pounds sterling.  International buyers please try www.xe.com for a current exchange rate.  Prices do not include delivery unless otherwise stated.  Delivery charges will be displayed once you have placed your order and a list of delivery charges can be found by clicking on our Delivery & Returns tab.

5. Delivery

5.1. We will despatch goods ordered by you as soon as possible to the address you give us for delivery, but in any event within 7 days of your order.

5.2. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within 10 working days of the delivery of the goods in question.  Items damaged in transit to their destination address must be documented (ie. photographed) upon delivery and emailed to:  info@joshthomasdesignhouse.co.uk within 48 hours.  All the original packaging must be kept (see our Returns section).

5.3. If you do not receive goods ordered by you within 7 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 days of our maximum delivery period of 7 days from the date on which you ordered the goods.

NB: If you see an item of furniture/large item(s) you would like to order, prior to ordering please check the measurements of the said item(s) with the measurements of your doorways, measurements and angles of stairwells, etc. to ensure that the item can be delivered and will fit through your door(s)/up your stairs, etc.  If the ordered item(s) is then delivered to you, but you are unable to get it into your property we cannot be responsible for this issue.  In the unfortunate circumstance that this should occur, please contact us on:  01531 631791 to discuss the next steps, but please note that a re-stocking fee may be charged and you will be responsible for returning the item(s) to us, including cost (see Delivery & Returns).

6. Delivery Liability

6.1. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.

6.2. If you do not receive goods ordered by you within 7 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 days of our maximum delivery period of 7 days from the date on which you ordered the goods.

6.3. If you notify a problem to us under this condition, our only obligation will be, at your option:

a. To make good any shortage or non-delivery;

b. To replace (where possible, as many of our items are individual) or repair any goods that are damaged or defective; or

c. To refund to you the amount paid by you for the goods in question in whatever way we choose.

6.4. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.3(c) above.

6.5. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

6.6. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

NB: If you see an item of furniture/large item(s) you would like to order, prior to ordering please check the measurements of the said item(s) with the measurements of your doorways, measurements and angles of stairwells, etc. to ensure that the item can be delivered and will fit through your door(s)/up your stairs, etc.  If the ordered item(s) is then delivered to you, but you are unable to get it into your property we cannot be responsible for this issue.  In the unfortunate circumstance that this should occur, please contact us on:  01531 631791 to discuss the next steps, but please note that a re-stocking fee may be charged and you will be responsible for returning the item(s) to us, including cost (see Delivery & Returns).

7. Cancellation of Contracts for Goods and Returns Policy – For Consumers Only

7.1. This section applies to consumers only (and not to businesses or other organisations) who order goods.

7.2. If you wish to cancel your order:

a. You can notify us by email to info@joshthomasdesignhouse.co.uk before we have dispatched the goods to you; or

b. Where goods have already been dispatched to you, by returning goods to us in accordance with clause 6.2 above in the original packing.

7.3. You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange providing the goods are received by us in an unused (where applicable), undamaged and saleable condition. The costs of returning goods to us shall be borne by you.

7.4. Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required, less (if for any reason these costs have not been paid by you) the costs of delivery to us.

7.5. The right to return the goods to us as referred to in clause 7.3 will not apply in the following circumstances:

a. in the event that the product has been used or damaged

b. to any products that we have made or customised specifically for you

7.6. The provisions of this clause do not affect your Statutory Rights

8. Licence

8.1. You are permitted to print and download extracts from this Website for your own use on the following basis:

8.2. No documents or related graphics on this Website are modified in any way;

8.3. No graphics on this Website are used separately from accompanying text; and copies.

8.4. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 8.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

8.5. Subject to clause 8.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

8.6. Any rights not expressly granted in these terms are reserved.

9. Service Access

9.1. Whilst we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

9.2. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

10. Visitor Material and Conduct

10.1. Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

10.2. You are prohibited from posting or transmitting to or from this Website any material:

a.That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

b. For which you have not obtained all necessary licences and/or approvals;

c. Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

d.That is technically harmful including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.

10.3. You may not misuse the Website (including, without limitation, by hacking, impersonating any person or entity or falsely misrepresent your affiliation with a person or entity, ‘stalk’ or harass another or collect or store personal data about other users).

10.4. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 10.2 or 10.3.

10.5. It is your responsibility to determine that your input into our site, including your choice of your user name, conforms to the above conditions. Remember that the site and your content may be accessed by children.

10.6. If you notice any content which breaches these conditions, please notify us by email:  info@joshthomasdesignhouse.co.uk.

11. Links To and From Other Websites

11.1. Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

11.2. You may not create any links to this Website without prior permission from Josh Thomas Design House.

11.3. You shall fully indemnify us for any loss or damage we, or any of our group companies may suffer or incur as a result of your breach of clause 10.2.

12. Registration

12.1. To register with joshthomasdesignhouse.co.uk you must be over 16 years of age.

12.2. Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

12.3. Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

12.4. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

13. Disclaimer

13.1. Whilst we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

13.2. The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

14. Liability

14.1. We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

14.2. Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

14.3. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

14.4. You agree, on behalf of yourself and your business entity or organisation, jointly and severally to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

15. Governing Law and Jurisdiction

15.1. These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.

15.2. We do not warrant that materials, services or information for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

16. Miscellaneous

16.1. These Terms and Conditions were created on 05/09/2013.

16.2. You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

16.3. If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

16.4. No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.

16.5. Bespoke pieces made to special order cannot be refunded, unless it is proven that there is a fault with the product.

Privacy Policy

Josh Thomas Design House is committed to preserving the privacy of all visitors to our website at joshthomasdesignhouse.co.uk Please read the following privacy policy to understand how we use and protect the information that you provide to us.

For the purposes of the Data protection Act 1998, the Data Controller is Josh Thomas Design House, 7 The Southend, Ledbury, Herefordshire HR8 2EY. UK.

By registering or placing an order on this website, you consent to the collection, use and transfer of your information under the terms of this policy.

Josh Thomas Design House respects your privacy rights and all of our customers’ records are private, confidential and secure.  When submitting your email or payment details, your information is stored securely and will not be passed to any third parties.

If, at any point, you would like your email address/contact details to be removed from our mailing list, please send an email to us at:  info:joshthomasdesignhouse.co.uk with the subject “Unsuscribe”.

Security And Data Retention

We employ security measures to protect, so far as reasonably possible, your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires or permits.

Changes to Our Privacy Policy

Any changes to our privacy policy in the future will be posted to the website and, where appropriate, through e-mail notification.

Contact

All comments, queries and requests relating to our use of your information are welcomed and should be addressed to Josh Thomas Design House via the contact page