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AGREED TERMS

About us

1.1 Company details. Home Feeling Limited (company number 09576550) (we and us) is a company registered in England and Wales and our registered office is at Unit 7 Wellington Crescent, Fradley Park, Lichfield, Staffordshire, WS13 8RZ. Our main trading address is Unit 7 Wellington Crescent, Fradley Park, Lichfield, Staffordshire, WS13 8RZ. Our VAT number is 212308065. We operate the websites willowapppliances.com and homefeeling.co.uk.

1.2 Contacting us. To contact us telephone our customer service team at 01543 377931 or email is sales@homefeeling.co.uk . How to give us formal notice of any matter under the Contract is set out in clause 15.2.
Our contract with you

2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.

2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

2.3 Language. These Terms and the Contract are made only in the English language.

2.4 Your copy. You should print a copy of these Terms or save them to your computer for future reference.

Placing an order and its acceptance

3.1 Placing your order. To place an order please email your order to sales@homefeeling.co.uk. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.

3.2 Correcting order errors. Please check the order carefully before emailing it to us. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
3.3 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.

3.4 Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence.

3.5 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.

3.6 Serial numbers. You are responsible for ensuring that you record the serial numbers of the Goods together with a record of who you have sold them to (such record will include house number, postcode, phone number and name) and that you retain such records for at least 6 years and that you supply copies of such records to us upon request. This will enable us to contact them in the event of a product recall. This clause 3.6 shall survive termination of the Contract.

Our goods

4.1 The images of the Goods on our site, in our catalogues, brochures and other forms of media are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Goods. The colour of your Goods may vary slightly from those images.

4.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site, in our catalogues, brochures and other forms of media are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.

4.3 The packaging of your Goods may vary from that shown on images on our site.
4.4 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
4.5 Whilst every effort has been made to ensure that the product specifications on each listing are correct, specifications may change without notice due to continuous product development.

4.6 You are not permitted to sell the Goods on online marketplaces without our prior written consent.

Return and refund

5.1 You may cancel the Contract and receive a full refund, if you notify us at least 24 hours before the Goods are dispatched as set out in clause 5.3.

5.2 However, this cancellation right does not apply in the case of:
(a) us buying stock specifically for you; and
(b) any Goods which become mixed inseparably with other items after their delivery.

5.3 To cancel the Contract, you must email us at sales@homefeeling.co.uk. Please include details of your order to help us to identify it. We will email you to confirm we have received your cancellation.

5.4 If you have returned the Goods to us under this clause 5 because they are faulty or mis-described, subject to clause 5.7, we will refund the price of the Goods and will refund you using the same method that you paid for the Goods (excluding cash).

5.5 If Goods have been delivered to you before you decide to cancel the Contract, then the ability to terminate the Contract is at our discretion and cancellation charges may apply to cover the cost of transport and restocking and any other expenses.

5.6 You shall not issue any refund or replacement to your end customer on our behalf, without our prior written approval.

5.7 Any credit, refund or contribution provided by us shall be subject to our prior written approval. We may, at our sole discretion: (a) credit you with the applicable trade price of the Goods; and (b) where agreed in writing in advance, make a reasonable contribution towards associated delivery or collection costs.

Delivery, transfer of risk and title

6.1 We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 for our responsibilities when this happens.

6.2 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order or collected by you or a carrier organised by you to collect them from us (as applicable) and the Goods will be at your risk from that time.

6.3 You own the Goods once we have received payment in full, including of all applicable delivery charges.

6.4 If we fail to deliver the Goods, our liability is limited to the cost of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.

6.5 If you fail to take delivery within 14 days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods. We shall repay you the price you paid for the Goods after deducting reasonable storage, insurance and selling costs and any shortfall between the resale price and the price you paid for the Goods.

6.6 Until title to the Goods has passed to you, you shall:
(a) store the Goods separately from all other goods held by you so that they remain readily identifiable as our property;
(b) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
(c) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
(d) notify us immediately if you take any step or action in connection with entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business; and
(e) give us such information as we may reasonably require from time to time relating to:
(i) the Goods; and
(ii) the ongoing financial position of the Customer.

6.7 We may recover Goods in which title has not passed to you. You irrevocably license us, our officers, employees and agents, to enter any of your premises (including with vehicles), in order to satisfy ourselves that you are complying with the obligations in clause 6.6, and to recover any Goods in which title has not passed to you.

6.8 We may at any time after delivery elect to transfer title in the Goods to you, in which case you shall immediately pay us for the Goods.

6.9 We cannot be held responsible for delays due to unforeseen circumstances, including but not limited to accidents, traffic and weather.

6.10 All Goods must be signed for and inspected immediately.

6.11 It is your responsibility to ensure that you thoroughly check your delivery for any damage or missing Goods within a reasonable time frame.

6.12 Any missing Goods or damage needs to be reported to us within 48 hours of delivery, so even if you are not installing your Goods straight away, please thoroughly inspect the Goods upon delivery otherwise, there is no practical way for us to determine whether they were damaged before receipt of your Goods and we will not be able to make a damage claim with our couriers or the manufacturer.

6.13 If we are not notified within the 48-hour time frame, then we will not be able to raise a claim with the courier.

6.14 Unless you have reported any damage or missing Goods within 48 hours of delivery, we will deem the Goods to have arrived with you in perfect condition.

6.15 If you happen to notice any damage to the Goods at the time of delivery, you have the right to refuse the delivery.

6.16 We reserve the right to request photographic evidence of the Goods and/or packaging prior to collection.

6.17 Do not attempt to install your Goods if you notice damage. If it becomes apparent that the Goods have been installed prior to us being informed that they are damaged, we will assume that the Goods were damaged during installation.

6.18 We are not responsible for any damage to your property by third party couriers we use and we will not be responsible for any such claims.

International delivery

7.1 We deliver to certain countries outside of the UK (International Delivery Destinations). However, there are restrictions on some Goods for certain International Delivery Destinations, so please review the information we provide carefully before ordering Goods. You are responsible for ensuring that the Goods are suitable for your International Delivery Destination.

7.2 If you order Goods from us for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

7.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

7.4 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
Price of goods and delivery charges

8.1 The prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 8.5 for what happens if we discover an error in the price of Goods you ordered.

8.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.

8.3 The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.

8.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the order process, before we confirm your order.

8.5 We sell a large number of Goods. It is always possible that, despite our reasonable efforts, some of the Goods may be incorrectly priced. If the Goods' correct price is higher than the price stated, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.

How to pay

9.1 You shall pay invoices in full in cleared funds within the timeframe agreed in writing and if no timeframe has been agreed before the Goods are dispatched. Payment shall be made to the bank account nominated in writing by us. Time for payment shall be of the essence of the Contract.

9.2 If you fail to make any payment due to us under the Contract by the due date for payment, then, without limiting our remedies under clause 13:
a) you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
b) we may suspend all further deliveries of Goods until payment has been made in full.

9.3 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction, chargeback or withholding (other than any deduction or withholding of tax as required by law).

9.4 Payment for the Goods and all applicable delivery charges is in advance where credit terms have not been agreed.

Manufacturer's guarantee and/or warranty

Some of the Goods we sell to you come with a manufacturer's guarantee and/or warranty. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee/warranty provided with the Goods or on the manufacturer’s website.

Our warranty for the goods

11.1 The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.

11.2 We provide a warranty that on delivery, the Goods (other than in respect of Goods which are faulty and may show sign of cosmetic damage (Raw Stock) and/or Goods which show sign of cosmetic damage (Graded Goods) for which no warranty shall be provided) shall: (a) subject to clause 4, conform in all material respects with their description; and
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

11.3 Subject to clause 

11.4, if:
(a) you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 11.2;
(b) we are given a reasonable opportunity of examining the Goods; and
(c) the affected Goods are returned to us unless we agree otherwise in writing,
we will, at our option, repair or replace the defective Goods (other than Raw Stock and/or Graded Goods), or refund the price of the defective Goods (other than Raw Stock and/or Graded Goods) in full. All Goods reported as not complying with the warranty in clause
11.2 shall be subject to assessment by us. Following such assessment, we shall determine, at our sole discretion, the appropriate resolution, which may include repair, replacement, refund or, where applicable, subject to clause 11.9, the issue of an uplift authorisation. 11.4 We will not be liable for breach of the warranty set out in clause 11.2 if: (a) you make any further use of the Goods after giving notice to us under clause 11.3;
(b) the defect arises as a result of us following any drawing, design or specification supplied by you;
(c) you alter or repair the Goods without our written consent;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;
(e) the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use or maintenance of the Goods or (if there are none) good trade practice regarding the same;
(f) the affected Goods are not returned to us, are disposed of without our prior written consent, or are not made available in accordance with this clause; or
(g) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

11.5 We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 11.2 to the extent set out in this clause 11.

11.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

11.7 These Terms also apply to any repaired or replacement Goods supplied by us to you.

11.8 We do not sell Raw Stock and/or Graded Goods subject to any warranty, representation or condition either express or implied by common law, statute or otherwise.

11.9 Where an uplift authorisation is issued, you shall ensure that the affected Goods are retained and made available for collection or return as directed by us within a reasonable timeframe specified by us. You shall remain responsible for fulfilling any replacement or refund to your end customer. Nothing in this Contract shall require us to contract directly with, or provide any remedy to, the end customer.

11.10 We shall be entitled, at our sole discretion, to provide technical support, troubleshooting and repair services directly to the end customer. Any such support is provided on a non-contractual basis and shall not create any contractual relationship between us and the end customer.

11.11 Notwithstanding the above, we may, at our sole discretion and subject to prior written agreement, offer to manage the replacement, delivery, installation and/or collection of Goods on your behalf. If we agree to do this, no uplift or credit shall apply unless otherwise agreed by us in writing.

11.12 Any services provided under clause 11.11 may be subject to agreed charges, which shall be confirmed in writing in advance. Any such services shall be subject to agreed scope and conditions, and we reserve the right to charge additional amounts where services fall outside of the agreed scope.

Our liability: your attention is particularly drawn to this clause 12.1 References to liability in this clause 12 include every kind of liability arising under or in connection with the contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

12.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) any other liability that cannot be limited or excluded by law.

12.3 Subject to clause 12.2, we will under no circumstances be liable to you for:
(a) any loss of profits, sales, business, or revenue; or
(b) loss or corruption of data, information or software; or
(c) loss of business opportunity; or
(d) loss of anticipated savings; or
(e) loss of goodwill; or
(f) any indirect or consequential loss.

12.4 Subject to clause 12.2, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed 100% of the price of the Goods.
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12.5 We will not accept any liability damage to Graded Goods and/or Raw Stock.

Termination

13.1 Without affecting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(d) your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

13.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.

13.3 Any provision of the Contract that expressly or by implication is intended to come
into or continue in force on or after termination shall remain in full force and effect.

Events outside our control

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you
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will return any relevant Goods you have already received and we will refund the price you have paid.

Communications between us

15.1 When we refer to "in writing" in these Terms, this includes email.

15.2 Any notice given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.

15.3 A notice is deemed to have been received:
(a) if delivered by hand, at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.

15.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

15.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

General

Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

16.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

16.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

16.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

16.6 Governing law and jurisdiction. The Contract is governed by English law and you and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.