Terms of service
CONTENTS
____________________________________________________________
CLAUSE
- These terms............................... 1
- Information about us and how to contact us.......................................... 1
- Our contract with you................. 1
- Our products.............................. 2
- Our rights to make changes....... 3
- Providing the products............... 3
- Your rights to end the contract.. 6
- How to end the contract with us (including if you have changed your mind).................................................. 8
- Our rights to end the contract.. 10
- If there is a problem with the product............................................ 11
- Price and payment................... 12
- Our responsibility for loss or damage suffered by you................. 12
- How we may use your personal information....................................... 13
- Other important terms.............. 13
Our terms
-
These terms
- What these terms cover. These are the terms and conditions on which we supply products to you which are goods.
- 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. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
-
Information about us and how to contact us
- Who we are. We are THE WAY WE LIVE LONDON LTD. a company registered in England and Wales. Our company registration number is 12835361 and our registered office is at The Old Workshop Number 1, Brown Mcleod, Sheffield, South Yorkshire, United Kingdom, S11 9PA.
- How to contact us. You can contact us by telephoning our customer service team at 020 3740 3772 or by writing to us at info@thewaywelivelondon.com
- How we may contact you. If we have to contact you, we will do so by telephone (including text messaging) or by writing to you at the email address you provided to us when placing your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails and text messaging.
-
Our contract with you
- How we will accept your order. Our acceptance of your order will take place when we email you with a “Confirmation Order” confirming acceptance of your order, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will refund you if payment has been made. This might be because the product is discontinued, because of unexpected limits on our resources which we could not reasonably plan for, because payment has not been accepted by your payment card provider/bank, because we have identified an error in the price or description of the product or because we are unable to meet a delivery within reasonable time after our ‘estimated delivery date’. In any event, time shall not be of the essence.
- Your order number. We will assign an order number to your order which you will receive on your Confirmation Order by e-mail. It will help us if you can tell us the order number whenever you contact us about your order.
- International Sales or Deliveries: should you be making an order from an address outside the UK or require an order (made in the UK) to be delivered outside then please make initial enquiries with us at info@thewaywelivelondon.com and we can organise a quote for shipping. Please be aware there may be local charges in your own country that you are responsible for paying before or upon delivery and we advise you to check this with the relevant authorities in your country before placing an order.
-
Our products
- Products may vary slightly from their pictures. Our products are handmade and therefore the images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the products.
- Handmade Products - All our products are handmade and so may have slight variations. In the case of vanity units, they are a natural material with natural knots and grains and so your product may vary slightly from the images on our website.
- Product Specifications: Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
- Making sure your measurements are accurate. If we are making a bespoke product to bespoke measurements you have given us, you are responsible for ensuring that these measurements are correct. By “bespoke” we mean any products which are made to measure or are made to your specification, that have been clearly personalised to any specific shape, size, colour, dimensions or combination which do not feature on our website and have to be specially prepared (including hand-made preparation) and procured for you personally. Your rights to make changes
- If you wish to make a change to the product 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 of the product, the timing of supply or anything else which would 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 unacceptable to you, you may want to end the contract (see clause 7- Your rights to end the contract).
-
Our rights to make changes
- Minor changes to the products. We may change the product for example to reflect changes in relevant laws and regulatory requirements, for example to comply with any regulatory minimum quality or safety standards applicable to the UK ; and
- More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
-
Providing the products
- Delivery costs. The costs of delivery will be as displayed to you on our website.
- When we will provide the products. Our website gives you indicative delivery lead-in and shipping times for various products. Time is not of the essence meaning that we cannot guarantee delivery times because of the nature and manufacturing supply of our products. However, we will try to keep to our indicative delivery times, but if we perceive significant delays, we will let you know and give you an opportunity of confirming the delay or to cancel your order. Once your product is ready to be dispatched, we or our courier partner will contact you with details of the delivery date.
- We are not responsible for delays outside our control. As mentioned, time is not of the essence. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery. You may be liable for redelivery charges or associated storage and insurance.
- If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot 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 or our courier partner are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.
- If you do not allow us access for Large items for delivery to the property. Large products such as single or double vanity units will be delivered by a 2 man team who will deliver to your doorstep or the nearest access point of the property. If you require large items to be delivered into your property, then please discuss this when contacted to arrange your delivery. Current Covid restrictions apply and delivery into a property may not always be possible. In this case, it is your responsibility to arrange sufficient labour to take the products into the property. If we have agreed to provide assistance to deliver such products within your property you must ensure that suitable and adequate risk-free access is made available to our deliverymen otherwise the products will be placed by them within or outside your property whichever is the nearest safe place for our deliverymen. Please note that delivery within your property will be subject to prevailing laws and guidelines including as to pandemics and epidemics such as Covid 19. We cannot be held liable for any damage, cost or expense incurred to the products or premises where it arises as a result of your failure or inability to provide adequate risk-free access or arrangements for delivery.
- Your legal rights if we deliver goods late. Your rights if we are not able to deliver are as stated in clause 2 and clause 6.3 above:
- Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7, you can give us a new deadline for delivery, which must be reasonable, and you must notify us before delivery that would you like to end the contract if we do not meet the new deadline.
- Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7 or clause 6.8, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods. If the goods have been delivered to you, you must return them to us in accordance with our Returns Policy (see clause 8.3). Refund of any delivery cost are in accordance with clause 8.5.
- When you become responsible for the goods. You will be responsible for the products from the time we deliver them to the address you gave us or you.
- When you own goods. You own a product once we have received payment in full.
- What will happen if you do not give required information to us for bespoke items (see clause 5 for what we mean by bespoke). We may need certain information from you so that we can supply the products to you, for example, the type of product, product size and colour scheme/s . If so, this will have been stated in the description of the products on our website. If you do not give us this information within a reasonable time of us asking for it, or if the information you give us is incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) 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 supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
-
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you (see clause 5);
- an event beyond our control including pandemics and/or epidemics.
- Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 60 days beyond our estimated delivery date and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
-
Your rights to end the contract
-
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 what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 10;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
- If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods and you will have to comply with our Returns Policy (see clause 8.3) ;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.
-
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 2);
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 90 days; or
- you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7).
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
- Our goodwill guarantees. Please note, these terms reflect the goodwill guarantee offered by us THE WAY WE LIVE LONDON LTD. to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 2).
-
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:
Right under the Consumer Contracts Regulations 2013 |
How our goodwill guarantee is more generous |
14-day period to change your mind. |
30 day period to change your mind. |
Consumer to pay costs of return. |
You they pay the costs of return unless product is faulty |
-
When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
- Any bespoke product, meaning any products which are products that are goods made to measure or are made to your specification, that have been clearly personalised to any specific shape, size, colour, dimensions or combination which do feature on our website and have to be specially prepared (including hand-made preparation) and procured for you personally. This doesn't affect your statutory rights if goods are faulty or not as described.; or
- any products which become mixed inseparably with other items after their delivery.
-
How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
- Have you bought bespoke goods (for example products which are referred to in clause 5(a))? If so, you have no right to end the contract because you have changed your mind)
- Have you bought goods (for example, our wash basins/ vanity units and products which are not bespoke under clause 5(a))?, if so you have 30 days after the day you (or someone you nominate) receives the goods, unless Your goods are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
- Ending the contract where we are not at fault and there is no right to change your mind. Unless you have ordered one of our bespoke products (see clause 5 for what we mean by bespoke, even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed. A contract for goods is completed when the product is delivered, paid for. If you want to end the contract in these circumstances, just contact us with 30 days from the date of delivery to let us know. The contract will not end until the 30th day after the day delivery. We will refund any advance payment you have made for products which will not be provided to you.
-
How to end the contract with us (including if you have changed your mind)
-
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Phone or email. Call customer services on 020 3740 3772 or email us at returns@thewaywelivelondon.com. You will be sent a returns form to fill out and enclose with your product for return.
- 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 in accordance with our Returns Policy (clause 3)
-
Our Returns Policy:
- Provided you are ending the contract where we are at fault (see clause 2) or where you have exercised your right to change your mind (see clause 7.6(b)), you will be eligible for a full refund of the product and original shipping minus the cost of a returns courier, which will be arranged by us at a suitable day and time window for you.
- You must contact us at returns@thewaywelivelondon.com within 30 days of delivering the products to you AND You must include with the returned product the “returns form” which we will provide to you upon contacting us.
-
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Returns will only be accepted where the product has not been used, installed or altered and all original packaging is in present and good condition and the products are in their original condition. The original packaging is important because it is made to provide protection against damage to our goods (which are fragile) in the course of transit.
- Arrangements for a return courier (provided by us) must be made and booked for within 10 days of notification that you would like to return the products in question.
- Indicative return courier costs shown on our website and are estimated based on your location. These rates are purely indicative and may vary over time.
- We will process your refund within 14 days of receiving the product back, minus the cost of a return courier which we will quote and arrange for.
-
Returns - Damaged or Faulty Products
- If you receive a product which is faulty or damaged you should notify us within 48 hours of receiving the item and send in a photo to returns@thewaywelivelondon.com. We will offer either an exchange or new product to be delivered at no cost or a full refund within 14 days of receiving the product back. We will send a returns form and arrange for a collection of the item at a suitable date and time window.
- Please enclose your return form with your product when returning it.
-
When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed;
- 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; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- 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 cost price to us of collection which we will deduct for any refund due to you.
- 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. However, we may make deductions from the price, as described below.
-
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop and/or has which has been used, installed or altered or where all original packaging is not present and in good condition (as referred to in clause 3(c)) or where the product is not otherwise in a good condition. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if you have paid us for an express delivery to have the product delivered to you within 3 -4 weeks at a higher cost, then we will only refund what you would have paid for our standard (the cheaper) delivery option.
-
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier but at our discretion, the day on which you provide us with evidence that you have sent the product back to us. For information about our Returns Policy how to return a product to us, see clause 3.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind before delivery has been made.
-
Our rights to end the contract
-
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, dealing with our queries relating to your errors when making the order;
- you do not, within a reasonable time, allow us to deliver the products to you.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract
- We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 10 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
-
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
-
If there is a problem with the product
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 020 3740 3772 or write to us at info@thewaywelivelondon.com
- Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal 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. If your product is goods, for example our wash basins or vanity units , the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. For example, during the expected lifespan of your product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund once we have received the returned item or have adequate evidence that the goods have been or are in the course of return to us.. b) I n certain cases up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. See also Exercising your right to change your mind (Consumer Contracts Regulations 2013). |
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must comply with our Returns Policy (see clause 3).
-
Price and payment
- Where to find the price for the product. The price of the product (which includes VAT) will be the price listed with the product when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
- 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.
- What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- When you must pay and how you must pay. We accept payment with credit cards, debit cards and via Paypal. You must pay for the products at the time of making your order on our website. Once payment has been made and we have accepted the order, a confirmation by way of email Confirmation Order will be sent to you via e-mail.
-
Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. Please do NOT commission any works, such as plumbing and installation, that rely on timely delivery of your order.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products , including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed]; and for defective products under the Consumer Protection Act 1987
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. You will not have the right to cancel the order once made , unless the products are faulty or otherwise have been damaged in the course of delivery.
-
How we may use your personal information
- How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
-
Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
- You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if for example you transfer to someone who is not resident in the UK or requires collection of the products from overseas. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by showing a receipt for payment of the goods to you.
- Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law you can only bring legal proceedings in respect of the products in the English courts. .