Custom Made Dog Furniture & Beds Terms & Conditions
1.1 These are the terms and conditions on which we supply products to you, whether these
are goods and/or services.
1.2 Please read these terms carefully before your order is processed. 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, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Unique Dogbeds & Furnishings Unit 11 Aberman Industrial Estate, Aberdare,
RCT, South Wales CF44 6DA.
2.2 You can contact us by telephoning our customer service team at 01685 886519,
07720865980 or by writing to us at email@example.com or at the address detailed
above. Details for our written complaints procedure can be requested by writing to us at the
2.3 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.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 These terms will apply to your purchase of any goods and/or services from us and may
only be changed with our prior written authorisation. These terms together with your order
once accepted by us will constitute the contract between you and us for our supply and
your purchase of such goods and/or services.
3.2 Any quotation given by us shall not constitute an order, and is only valid for a period of
90 business days from its date of issue. We may extend this period at our discretion.
3.3 If we are unable to accept your order, we will inform you of this and will not charge you
for the product. This might be because the product is out of stock or because of unexpected
limits on our resources which we could not reasonably plan for.
3.4 By entering into a contract with us you warrant to us that you have the right to contract
with us to supply the goods and services at the property where they are to be delivered,
installed and provided.
4. ORDER AND SURVEY
4.1 The order shall be detailed on: (i) if no survey is required, a written order confirmation
summarising the product(s) ordered (the “Order Confirmation”); or (ii) if a survey is
required, an order confirmation form including a detailed specification of the product(s) to
be manufactured (the “Technical Order Confirmation Form”). The order shall be deemed to
have been accepted by us unless we notify you to the contrary within 7 days of you
accepting it in writing (in which case we shall promptly refund any sums paid by you in
respect of the order).
4.2 Some orders are subject to a detailed survey to undertake measurements and
specifications for the products. Should this be required one of our advisors will arrange a
suitable time for this to take place.
4.3 Should the results of the survey identify amendments to the order which would change
the price then we will notify you of such price change whereupon you have the right to
proceed with or cancel the order at your discretion. Should you choose to cancel the order
we shall promptly refund any sums paid by you in respect of the order.
4.4 The survey process will require you to approve the final design of the product(s) you
have ordered. By signing the Technical Order Confirmation Form (electronically and/or on
paper) you are agreeing the specification for the product(s) ordered and authorising us to
manufacture the product(s) to this specification. The order cannot be changed after this
4.5 You agree that whoever you arrange to attend the survey on your behalf and sign the
Technical Order Confirmation Form will be acting as your agent and their authorisation of
the specification of the product(s) ordered will be binding upon you.
4.6 The product(s) supplied by us to you will correspond with the Technical Order
Confirmation Form where a detailed survey has been undertaken or the Order Confirmation
where no survey was required.
5. OUR PRODUCTS
5.1 The images of the products in our brochure, our visualisation application and/or on our
website are for illustrative purposes only. Although we have made every effort to display
the colours accurately, we cannot guarantee that a device’s display of the colours or the
printed pictures in our brochure accurately reflects the colour of the products. Your product
may vary slightly from those images.
5.2 Most of our fabric is made to order. As all our fabric is digitally printed onto natural
fabrics, it is likely it will shrink a small amount during the process of steaming, washing and
drying. The amount of shrinkage can vary between different fabrics. There is a commercial
tolerance of up to 10% on all orders, we absorb this 10% tolerance cost by ordering 10%
extra than is paid for by you, the customer. The shrinkage of natural fabrics can also happen
to a smaller extent in a slightly asymmetric way, unfortunately there is nothing we can do
which would avoid the chances of this. If you order fabric from us, you must accept the
small risk that the movement in the line of the pattern is within the 10% allowable
tolerance. These irregularities are often seen not as a defect but as a positive characteristic
of a natural fibre.
6. YOUR RIGHTS TO MAKE CHANGES
6.1 If you wish to make a change to the product(s) 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(s), the timing of their 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 a survey has taken place the order cannot be
7. OUR RIGHTS TO MAKE CHANGES
7.1 We may change any of the product(s) you have ordered:
7.1.1 to reflect changes in relevant laws and regulatory requirements; and/or
7.1.2 to implement minor technical adjustments and improvements.
These changes will not affect your use of such product(s).
7.2 If for any reason we are required to make more significant changes than those set out
above to any of the product(s) you have ordered, which will affect your use of such
product(s), we will notify you and you may then contact us to end the contract before the
changes take effect and receive a full refund for any product(s) you have paid for but not
8.1 We will deliver the goods and supply the services to the place noted in the Order
Confirmation or the Technical Order Confirmation Form (as the case may be) as the delivery
8.2 You will supply us with such information, rights of access and mains electricity that we
may reasonably require in order to deliver the goods and perform the services and/or to
check the goods and their installation where you notify us about a problem with the same.
8.3 Any delivery or supply date or time specified by us in the Order Confirmation, the
Technical Order Confirmation Form or during the order confirmation process (as the case
may be) is an estimate only, and we will not be liable to you for any loss sustained by you if
we fail to meet that time scale because of circumstances beyond our reasonable control
(including, for the avoidance of doubt and without limitation, any loss of income or revenue,
loss of business, loss of anticipated savings, loss of data or any waste of time related to a
cancelled installation appointment). All of our products are made-to-measure and may have
extended manufacturing and/or delivery periods. Some products, including shutters, will
have a delivery period in excess of 30 days. The estimated delivery date will be agreed with
you at the time of the order or, where a survey is required, the time of the survey.
8.4 In order to ensure safe working practices it is a condition of these terms that the area in
which the works are to be carried out is cleared of, without limitation.
8.5 For larger orders it may be necessary for the products ordered to be delivered to your
property prior to the installation date. We will inform you where this is necessary and you
will be responsible for accepting such a delivery in accordance with these terms.
8.6 To Ensure the safety of your pet we advise not to have buttons, studs on some items
dispayed please state No to these extras if your unsure your pet will chew. For the
avoidance of doubt, we consider this clause 8.6 to be reasonable in all circumstances given
the current legal, legislative and regulatory requirements. This will not affect your legal
rights as a consumer in relation to any products that are faulty.
8.7 If our supply of the product(s) you have ordered 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 of any sums you have paid in advance for products which will
not be provided.
8.8 If you do not allow courier access to your property to deliver the goods or supply the
services as arranged (and you do not have a good reason for this), we may charge you for
the additional costs incurred by us as a result.
8.9 The product(s) you have ordered will be your responsibility from the time we deliver the
product(s) to the address you gave us.
8.10 You will own the product(s) you have ordered once we have received payment in full
for the product(s).
8.11 We may have to suspend the supply of any product(s) you have ordered to:
8.11.1 deal with technical problems or make minor technical changes;
8.11.2 update the product(s) to reflect changes in relevant laws and regulatory
8.11.3 make changes to the product(s) as requested by you or notified by us to you.
9. PRICE AND PAYMENT
9.1 The price for the goods and services to be supplied is stated on the Order Confirmation.
9.2 If the rate of VAT changes between your order date and the date we supply the
product(s) you have ordered, we will adjust the rate of VAT that you pay, unless you have
already paid for the product(s) in full before the change in the rate of VAT takes effect.
9.3 A deposit (which depending upon order value may be up to 100% of the agreed price)
shall be payable by you upon signing the Order Confirmation or on confirming your
acceptance of the order. In the event that cleared funds are not received for the deposit
payment (for example, if your debit or credit card declines or your cheque is declined by
your bank), we may request full payment by alternative payment method before the
installation of any of the product(s) you have ordered takes place.
9.4 Where the order is purchased on credit terms, we will supply you with the relevant
contractual documentation. The credit terms shall be regulated by the Consumer Credit Act
1995 and you will have certain rights to cancel under that Act. Please see the credit
agreement documents for further details.
9.5 By placing an order on credit terms, you authorise us, at our discretion, to carry out
credit references or other enquiries of your financial status through our credit partner and
you shall provide, upon request, any written authorisation which may be required for the
purpose of such enquiries.
9.6 Unless credit terms have been agreed with us in writing or payment in full has been
made by you on placing the order, payment in full of the purchase price for the product(s)
you have ordered, net of any deposit already paid, is due from you on delivery and
completion of the installation of the product(s) or, in the event of your cancellation of the
order or ending of the contract under clause 14.3 below prior to completion of the
installation of the product(s) or your refusal to accept delivery of the product(s), upon such
cancellation, ending or refusal as the case may be.
9.6.1 payment is in advance of the item being made. Should payment not be received, the
item will be postponed until the point at which the remaining balance has been settled.
9.7 Where you do not make any payment to us under the contract by its due date, we may,
in addition to any other rights which we have under the contract and in law, withhold
further deliveries or supplies or suspend performance of the contract until arrangements as
to payment or credit have been established on terms which are satisfactory to us.
9.8 In the event that your final balance payment is not received by us (for example, if your
debit or credit card declines or your cheque is declined by your bank) or if you otherwise fail
to make your final balance payment to us upon completion of the installation of the
product(s) ordered, we may instruct internal or external debt collectors to collect the
monies due from you under the contract. Where we instruct any debt collector we reserve
the right to charge you, in addition to the overdue amount and accrued interest and any
other remedies or rights that we may have, for any charges reasonably incurred by us in
instructing a debt collector. Orders that remain unpaid after the due date shall be subject to
an interest charge of 4% per annum above the Bank of England base rate from time to time.
Interest will accrue on a daily basis from the due date until the date of actual payment of
the overdue amount, whether before or after judgement. You must pay us this interest
together with the overdue amount.
9.9 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.
10. OUR WARRANTY TO YOU
10.1 Subject to clauses 10.3 to 10.7 below: (i) we warrant that any goods supplied will
correspond with the specification set out in the Order Confirmation or the Technical Order
Confirmation Form (as the case may be) at the time of delivery or supply, will be of
satisfactory quality and will be fit for the purpose for which they are commonly bought and
for the purpose for which they have been designed; and (ii) we warrant that the services
supplied will be performed with reasonable skill and care.
10.2 Subject to clauses 10.3 to 10.7 below, and to the receipt of payment in full for your
(i) we warrant that, should we fit the blind / curtains, for a period of 3 years from the date
of installation, all goods and services supplied will be free from defects in materials and
workmanship; and we will repair or replace defective goods free of charge (always providing
that the goods have not been subject to any misuse or modification).
10.3 If any services supplied by us are not in accordance with clause 10.1(ii) or 10.2(i) above,
you should notify us in writing within a reasonable time from their supply or of becoming
aware of the defects which are not apparent to you on a reasonable inspection of the
services. We will either arrange to hve item back examine the supplied services or request
imagery showing the alleged defect and, if the services are not in compliance with clause
10.1(ii) or 10.2(i) above, we will either remedy the defect in question or re-supply the
10.4 In order for us to complete any repairs required under any of the warranties set out in
clause 10.1 above or the warranty or Peace of Mind Package set out in clause 10.2 above,
The Item to be collected by courier and returned back to us at convenient time. Failure to
provide such access within a reasonable time will be deemed a frustration of the contract
and our obligations as set out within this clause 10 will cease.
10.5 Upon notification of a claim in respect of any goods under any of the warranties set out
in clause 10.2 above, we will either arrange with you to examine the goods or request
imagery and, if the goods are defective, we shall either repair or replace the defective goods
free of any charge for labour or materials (always providing that the goods have not been
subject to any misuse or modification). It is possible that goods replacing defective goods
under any of the warranties set out in clause 10.1(i) above or the warranty set out in clause
10.2 above may no longer exactly match other goods in that order due to fading or changes
in product specification. Should this be the case we do not accept any liability to replace
nonfaulty product(s) solely to ensure colour match.
10.6 Whilst every attempt will be made by us to ensure that the goods supplied match in
every respect any samples shown or description given to you, any minor or immaterial
variation between sample or description and the goods delivered shall not entitle you to: (i)
reject the goods; (ii) withhold or reduce payment of the purchase price; or (iii) claim any
compensation for such variation.
10.7 Whilst all fabrics supplied by us are tested, fading will inevitably occur. However, the
performance of the products is unimpaired by any such fading and neither the warranties
set out in clause 10.1 nor the warranty or Peace of Mind Package set out in clause 10.2 shall
apply: (i) in relation to fading or discolouration caused by fair wear and tear; and/or (ii)
where the relevant fault or defect has been caused by your misuse and/or neglect of the
products and/or by accidents caused while the products are in your possession.
10.8 The warranties set out in clause 10.1 and set out in clause 10.2 are for the original
purchaser only and are not transferable. Please retain your Order Confirmation or Technical
Order Confirmation Form (as the case may be) to identify your purchase in the unlikely
event of needing to claim under any of the warranties set out in clause 10.1 above or the
11. YOUR LEGAL RIGHTS
11.1 We are under a legal duty to supply goods and services to you that are in conformity
with the contract. Nothing in these terms will affect your legal rights in relation to any nonconformity.
12. YOUR OBLIGATIONS IN RESPECT OF REJECTED PRODUCTS
12.1 If you wish to exercise your legal rights to reject any product(s) you must allow us to
collect the rejected product(s) from you. We will pay the costs of collection.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We do not exclude or limit in any way our liability to you where it would be unlawful to
do so. Nothing in the contract excludes or limits our liability for: (i) death or personal injury
resulting from our negligence or that of our employees, advisors or installers; (ii) fraud or
fraudulent misrepresentation; (iii) breach of your legal rights in relation to the products
(including the right to receive products which are as described, of satisfactory quality, fit for
purpose, supplied with reasonable skill and care and installed correctly by us); (iv) defective
products under the Consumer Protection Act 1987; or (v) any other matter in respect of
which it is unlawful for us to exclude or restrict liability.
13.2 If we are providing services in your property, we will make good any damage to your
property caused by us while doing so. However, we are not responsible for the cost of
repairing any pre-existing faults or damage to your property that we discover while
providing the services. In order to install products, holes may be made in the fabric of the
structure of your property. Whilst every effort and care will be taken during this procedure,
no liability is taken for any unforeseen damage for holes left when products are
subsequently removed by you. We do not undertake structural surveys and no liability shall
be accepted where damage is caused by existing structural or other defects of your
property. It is your responsibility to ensure that the installation of the products does not
breach any leasehold, planning regulations or warranties that you may hold.
13.3 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.
13.4 We shall not be responsible for any injury, loss, damage, cost or expense suffered by
you if and to the extent that it is caused by negligence or wilful misconduct by you or by
breach by you of your obligations under the contract.
13.5 If we fail to comply with these terms, we are responsible for loss or damage you suffer
that is a foreseeable result of our breaching the contract or our failing to use reasonable
care and skill, but we are not responsible for any loss or damage that is not foreseeable.
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.
13.6 We shall not be liable to you if we are prevented from or delayed in performing any of
the obligations that we owe to you under the contract if this is due to any cause beyond our
reasonable control, including (without limitation): (i) an act of God, explosion, flood, fire or
accident; (ii) war or civil disturbance; (iii) any strike, industrial action or stoppages of work;
(iv) any form of government intervention; (v) any third party act or omission; and (vi) any
failure by you to give us a correct delivery address or notify us of any change of address.
13.7 This clause 13 shall survive completion of the contract or the contract ending for any
14. YOUR RIGHTS TO END THE CONTRACT
14.1 All products are bespoke and made-to-measure to your requirements. As such, they fall
into the category of tailor-made products under the Consumer Contracts Regulations 2013
and (subject to clauses 14.2 to 14.3 below) you will not therefore be able to cancel your
order for any product(s) once placed, provided that this will not affect your legal rights as a
consumer in relation to bespoke and made-to-measure products that are faulty or not as
14.2 Notwithstanding clause 14.1 above, we will accept the cancellation of your order once
placed as long as your notice of cancellation is received within two calendar days starting
with the date your order is placed. Our preferred method of cancellation is by email to
firstname.lastname@example.org to ensure traceability. Your notice of cancellation will be deemed to
have been served on and will take effect from the day it is given to us, and any related credit
agreement will automatically be cancelled with effect from that date.
14.3 If you are: (i) cancelling your order under clause 14.2 above; or (ii) ending the contract
under clause 7.2 above, under clause 8.7 above or for the reason that you have a legal right
to end the contract because of something that we have done wrong, the contract will end
immediately and we will refund you in full for any product(s) you have paid for that have
not been provided or have not been provided properly.
15. OUR RIGHTS TO END THE CONTRACT
15.1 We may end the contract at any time by writing to you if:
15.1.1 you do not make any payment to us when it is due and you still do not make
payment within 14 days of us reminding you that payment is due;
15.1.2 you do not, within a reasonable time of us asking for it, provide us with information
that is necessary for us to provide the product(s) you have ordered;
15.1.3 you do not, within a reasonable time, allow us to deliver the product(s) ordered to
15.1.4 you do not, within a reasonable time accept delivery attempts
15.2 If we end the contract in any of the situations set out in clause 15.1 above and the
manufacturing of the product(s) you have ordered has already started, we will not (due to
the product(s) being bespoke and made-to-measure to your requirements) refund any
money you have paid in advance for such product(s) and we may also be entitled to further
15.3 We may write to you to let you know that we are going to stop providing any product
you have ordered. We will either supply an alternative product or refund in full any sums
you have paid in advance for the product which will not be provided.
15.4 If the contract ends for any reason, all terms of the contract shall cease to have effect,
except that any term that can reasonably be inferred as continuing, or is expressly stated to
continue, shall continue in full force and effect.
15.5 The contract ending for any reason shall not affect any accrued rights of you or us.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1. We will use the personal information you provide to us:
16.1.1. to supply the product(s) you have ordered to you;
16.1.2. to process your payment for the product(s) ordered; and
16.1.3. to inform you about similar products that we provide. You may stop receiving these
communications at any time by contacting us, for full details of how to do this see our
16.2. We may pass your personal information to credit reference agencies in accordance
with clause 9.5 above.
16.3. We may pass your details onto an independent third party if required for dispute
16.4. For details of any other times that we may pass your information onto a third party
may be found on our website www.uniquedogbedsltd.com
17. OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under the contract to another organisation.
We will always tell you in writing if this happens and will ensure that the transfer will not
affect your rights under the contract.
17.2 You may not transfer any of your rights or obligations under the contract to another
person without our prior written consent. The request must be received in writing to
Unique Furnishings & Dogbeds Aberdare CF446DA
17.3 The contract is between you and us. No other person shall have any rights to enforce
any of its terms.
17.4 If we do not insist immediately that you do anything you are required to do under the
terms of the contract, or if we delay in taking steps against you in respect of your breaching
the 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 supply the product(s) you have ordered, we can
still require you to make the payment at a later date.
17.5 Each term of the contract operates separately and, notwithstanding that the whole or
any part of any such term may prove to be illegal or unenforceable, the other terms of the
contract and the remainder of the term in question shall continue in full force and effect.
17.6 The contract is governed by the laws of England and you can bring legal proceedings in
respect of the product(s) you have ordered or otherwise in relation to the contract in the
English courts. If you live in Scotland you can bring legal proceedings in respect of the
product(s) ordered in either the Scottish or the English courts. If you live in Northern Ireland
you can bring legal proceedings in respect of the product(s) ordered or otherwise in relation
to the contract in either the Northern Irish or the English courts. Likewise, if you live in the
Republic of Ireland or any other EU member state, you can bring legal proceedings in
respect of the product(s) ordered or otherwise in relation to the contract in either the
courts of the member state in which you live or the English courts.