Poolside Fabric Outdoor Furniture | Alexander Francis

Terms & Conditions

  1. Who we are and how to contact us

www.alexander-francis.co.uk is a site operated by Open 24 Seven Limited ("We"). We are registered in England and Wales under company number 06307658 and have our registered office at Unit 3 Netham View Industrial Park, Netham Road, Bristol, BS5 9PQ. Our VAT number is GB879799320.

To contact us, please email info@alexander-francis.co.uk or telephone on +44 0117 325 8128.

 

  1. Acceptance of these terms

By using our site and by placing orders for goods with us, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site or place orders for goods with us.

We reserve the right to amend these terms from time to time. Every time you wish to use our site or place an order for goods with us, please check our current terms to ensure you understand the terms that apply at that time.

 

  1. Basis of contract for sale of goods

When you place an order, you are offering to buy the product(s) from us and we will send you an order acknowledgement. However, your offer shall only be accepted by us once we place the product you have ordered onto the delivery van and only then shall a legally binding contract be formed between us. Until then we can decline to supply the goods for any reason. We will try to ensure that this doesn’t happen however, we reserve the right not to fulfil your order for any reason including for example, if we have made a pricing error or we simply can't get hold of the model you need. In the event of these circumstances, we will refund you any price you have paid to us.

 

  1. Availability of goods

If a product appears available it is in stock. We deliver thousands of products a week and so we have to rely on a computer system for our stock control. Every effort is made to ensure that availability information for products is accurate however if it is not, we will tell you as soon as we know and we will try to sort to resolve your order. If we cannot fulfil your items, we will of course offer a refund.

 

  1. Pricing

5.1 All the UK prices we display include VAT where applicable and exclude delivery. From time to time we may offer products at sale or promotional prices. Any such offers will apply to selected marked products and be subject to availability. Delivery charges, conditions and geographical exclusions may apply. Please refer to individual product pages for pricing. Duty costs and import taxes will not be displayed at product level or within the product price.

5.2 Any promotional prices are only available for a limited time and website messaging will clearly display an end date. Advertised discounts cannot be redeemed retrospectively once a discount has ended. All discounts are applied to a product’s full retail price and cannot be used in conjunction with any other offers or discounts.

5.3 From time to time we offer discount codes on selected products. Discount codes will be available for a limited time and cannot be redeemed retrospectively. They are also subject to availability and can be withdrawn at any time without notice to you. Discount codes cannot be redeemed on items already discounted in an existing sale. You can only use a discount code once. If you are returning part of an order that’s had a discount code applied, your refund will be for the full amount minus the discount applied.

 

  1. Payment

6.1 We can accept payment from any Visa and Mastercard credit or debit card and do all we can to ensure your details are secure. We also accept PayPal on all online orders. If there are any problems with receiving payment, we'll let you know. Your order will not be processed until payment is received.

6.2 In cooperation with Deko, we offer you the following payment options. Payment is to be made to Deko. Further information and Deko's user terms can be found here. General information on Deko can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Deko's privacy statement. We are not in any way connected or affiliated with Deko and have no control over them or decisions they make. We cannot and do not advise on the suitability of Deko to your personal circumstances..

 

  1. Quality

7.1 We take all reasonable efforts to ensure that the goods we sell are of satisfactory quality, fit for purpose and as expected. Each item is checked by our team before leaving the warehouse. In the event that your product develops a fault or you receive a damaged or incorrect item please contact us as soon as possible to arrange a replacement. Where, in our absolute discretion, we deem it appropriate to do so we shall provide a like for like replacement product at no extra cost to you. Nothing in this clause 7.1 affects your statutory rights.

7.2 We offer for sale products that are not new (new meaning unopened from the factory). These products are listed as B-grade, refurbished, clearance, used or ex-display on our site. These items may show signs of previous use and have some minor fixtures and fittings missing. When purchasing such a product you are entitled to the same rights and protections as a purchaser of a new product, however the standard of quality expected from these products is lower than that of a new product.

7.3 Nothing in these terms affects your legal rights under the Consumer Rights Act 2015. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

 

  1. Delivery

8.1 We offer home delivery to almost every part of the world. Please see our delivery for further details. Depending on your delivery location, size and weight of your order, we may use Royal Mail, DPD, DHL, MHI or other local couriers as we deem suitable at our absolute discretion. Orders placed before 4pm in the UK will aim to be processed the same day (excluding weekends and UK public holidays) though we are not able to provide guarantees in respect of this. Orders placed on a weekend or holiday will be processed the next working day. Delivery will only be arranged once full payment is received.

8.2 Risk in the product passes to you once delivery has been completed. Title in the product passes to you once delivery has been completed and full payment received.

8.3 Should you not be available to take delivery of the product it is your responsibility to arrange a further date and time for delivery which is suitable to you or to arrange collection directly with the courier. If you do not sort. Then you would be liable for second delivery costs.

 

  1. Cancellation

If you're not happy with your product or simply change your mind, you must provide us with notice of cancellation within 30 days of delivery to receive a refund. We are happy for you to unpack your order to inspect it properly before making a decision, but any damage or any signs of use and/or opening impacts our ability to resell products if they are returned. As such, if we deem at our discretion that the value of the product has been reduced by your use we may only make a partial refund for the reduction in value. Where you have not used the product and it is returned in the original packaging, you will receive a full refund. Your refund will be made within 5 working days of our receipt of your return. If you cancel an order, you are responsible for the cost and risk of posting back to us. Inside of the UK, we can offer a collection service via DPD at a charge of £10. This will be deducted from your full refund if you choose this option. To request a return of an order, please read our full returns policy details here. If goods are faulty we offer a returns label with Royal Mail, all other returns are at customer expense.

 

  1. Customer Reviews

Any customer reviews of the products we sell are the opinions of our customers and do not form part of the specification or description of the product. We shall not be liable if any of the information contained in a customer review proves inaccurate.

 

  1. Intellectual Property
    • We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it, including, but not limited to, copyright in the text, data, photographs and videos and UK trademark UK00003267177. Nothing in these terms and conditions provides you with any rights or license to use any of our intellectual property beyond the use necessary to perform these terms and conditions. Specifically
    • You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

11.3     When you upload or post content to our site, including but not limited to live-streams from cameras, you grant us a worldwide, non-exclusive, royalty-free, irrevocable, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and broadcast that content in connection with the service provided by us.

 

  1. Limitation of Liability

12.1     Nothing in this contract limits any liability which cannot legally be limited, including liability for:

  • death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
  • defective products under the Consumer Protection Act 1987.

12.2     Subject to clause 12.1 above our liability to you is limited to the fullest extent possible by the law and the following types of loss are wholly excluded:

  • loss arising from a product displayed on our website not being in stock (beyond the provision of a full refund);
  • loss arising from information on our site not being accurate or up to date;
  • loss arising from your use of Klarna to purchase products from our site;
  • loss or damage arising from the presence of any viruses on our site or from your clicking on third party links on our website;
  • loss arising from any failure to deliver goods to you due to a force majeure event (as defined by clause 13) or if the failure to deliver arises from your not being available to accept delivery; and
  • loss arising from items being lost or damaged when you return them to us;

12.3     Subject to clause 12.1 above our liability to you for the following types of loss is partially excluded:

  • loss arising from the failure of any goods supplied to comply with the Consumer Rights Act 2015, is excluded beyond the loss set out in that Act; and
  • any loss arising from our failure to deliver the goods, other than in the circumstances set out in clause 12.2(e) is limited to your costs and expenses incurred in obtaining replacement goods and will not exceed the amount you paid for our product.

12.4     This clause survives termination of the contract between us and you.

 

  1. Force Majeure

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control. Such events include any act, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:

  • Strikes, lock-outs or other industrial action; or civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or adverse weather; and
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport Impossibility of the use of public or private telecommunications networks.

13.2 Our obligations under these terms are suspended for the period that such event continues and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the event to a close or to find a solution by which our obligations under these terms can be performed despite the event.

  1. Website Information

14.1     The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

14.2     Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

14.3     We are entitled to change or amend our website as we see fit and without giving you notice. Every time you visit the website you should ensure that it is suitable for your purposes.

  1. Website links

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

  1. User-generated content

This website may include information and materials uploaded by other users of the site, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

  1. Viruses

17.1     We do not guarantee that our site will be secure or free from bugs or viruses. You should use your own virus protection software.

17.2     You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. In the event of such a breach, your right to use our site will cease immediately.

  1. Rules about linking to our site

18.1     You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

18.2     You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

18.3     You must not establish a link to our site in any website that is not owned by you.

18.4     We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact info@alexander-francis.co.uk.

 

  1. Entire agreement.
    • This contract constitutes the entire agreement between us and you.
    • You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms. You agree that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.

 

  1. Severance

If any provision or part-provision of this contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the contract.

 

  1. Governing law

The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

 

  1. Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.