Terms & Conditions
Terms And Conditions
THE LUCAS WORLD OF FURNITURE
These terms and conditions (“the Conditions”) set out the terms of use of this website (“the Website”) and the terms on which J.P. Lucas & Company Limited t/a Lucas World of Furniture (“the Company”) supplies all goods to its customers. These Conditions will apply when you access the Website and/or use the Company’s on-line ordering service.
If you continue to use the Website and/or place an order, you will be deemed to have accepted the Conditions set out below. If you do not accept the Conditions, you should immediately discontinue use of the Website.
These Conditions are subject to and do not affect your statutory rights.
1. General Information
1.1 For your convenience, we have listed below some useful information about the Company:-
1.1.1 The Company is a limited company registered in England and its registration number is 00442385.
1.1.2 The Company’s registered office address is Rabans Lane, Aylesbury, Buckinghamshire, HP19 8RE;
1.1.3 The Company’s VAT number is GB 194 6061 49;
1.2 If you have any general queries or questions regarding an order, you should contact the Company at the following e-mail address:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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1.3 Any complaints should be sent in writing by post to the Company’s registered office address and marked for the attention of the Customer Services Manager.
2. The Website
2.1 The copyright and other intellectual property rights in the content of the Website belong to the Company (or its relevant supplier) and nothing in these Conditions shall be construed as granting you any right or interest in such copyright or other intellectual property rights. Accordingly, no part of this Website may be used, distributed, transferred, displayed, copied or reproduced in whole or in part in any manner other than for the purpose of utilising this Website, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.
2.2 The Company reserves the absolute right at any time and from time to time without liability to amend, modify or alter all or any part of the Website and/or to temporarily or permanently withdraw all or any part of the Website.
2.3 In no circumstances shall the Company be liable for any direct, indirect or other losses which may be suffered by any user of the Website arising out of or in connection with the use of all or any part of the Website.
2.4 Any links to other websites which are provided on the Website are for the convenience of users. The Company has no control over those websites and it does not accept any responsibility for their contents. The inclusion of a link to another website should not be construed as an endorsement by the Company of the relevant site.
2.5 The exact colour of photographic images of goods displayed on the Website may vary according to the technology used by you in viewing the Website. You must therefore ensure that you carefully read the detailed descriptions of the goods (including colour and dimensions) and not rely solely on the photographic images, which are for illustrative purposes only.
3. Completion of the Contract for the Sale of Goods (“the Contract”)
3.1 Before proceeding with an order, you should read these Conditions carefully. If you find yourself unable to agree to the Conditions, then you must not use the Company’s ordering service.
3.2 To place an order, you should select the relevant item and follow the instructions on the Website. Before submitting the order you will be allowed an opportunity to check the details of your order and correct any errors. You will also be asked to read these Conditions and confirm that you agree to be bound by them. You will be given the opportunity to print your order along with a copy of these Conditions and the Company recommends that you do so and that you retain this and all other information relating to your order for your records.
3.3 When you have submitted your order, the Company will send you an e-mail acknowledging receipt of your order and confirming the relevant details (including without limitation the order reference number, details of the goods ordered and payment information). Please note that this acknowledgement does NOT constitute an acceptance by the Company of your order.
3.4 You should read the Company’s acknowledgement e-mail (as referred to in clause 3.3. above) very carefully as you will have 72 hours after submitting your order to correct any errors or to amend the detail of your order.
3.5 Not less than 72 hours after submitting your order, the Company will (subject to stock availability and authorisation of your card payment) process your order and send you a further e-mail confirming the Company’s acceptance of the order and setting out any delivery timescales or other relevant information. It is only at this stage that the transaction is complete and a legally binding contract between you and the Company is formed. It is at this stage that the Company will place an order for the goods with the relevant manufacturer.
3.6 The Company will supply the goods in accordance with these Conditions and no variation to the Conditions will be binding on the Company unless set out in writing and accepted in writing by an authorised representative of the Company.
3.7 The Company reserves the absolute right to reject all or any part of an order or to cancel an order submitted by you (for example because there is insufficient stock, the location is not within the Company’s delivery area or payment has not been authorised) in such an instance the Company will send you an e-mail confirming the same and will arrange for any monies paid by you to be refunded in full within 30 days. This will be the Company’s only obligation and you will not be entitled to any compensation in respect of such cancellation.
4. Deposits and Payment
4.1 Unless otherwise stated, the price of the goods (“the Price”) is inclusive of VAT and does not include the cost of delivery (where applicable) which shall be at the Company’s usual rate (although if access to the property is difficult and/or restricted or the requested delivery address is outside of the Company’s normal delivery area, the Company shall be entitled to increase its delivery fee).
4.2 The Company reserves the right to increase the Price::
4.2.1 to correct errors or omissions; and/or
4.2.2 to reflect increased costs, import duties, VAT, freight charges or any other unforeseen event beyond the Company’s control.
4.3 The Company also reserves the right to charge an increased delivery fee to include any relevant congestion charges, toll charges etc.
4.4 Any changes to the Price or delivery charges will be notified to you by the Company by e-mail and you will have seven days from receipt to either re-confirm your order at the amended prices or to advise the Company that you wish to cancel your order. If you do not respond within seven days of the Company sending such notification, the Company will treat the order as having been cancelled and (subject to clause 4.6) you will receive a full refund.
4.5 Subject to the provisions of this clause 4, any increases in the Price or delivery charges will be payable by you within 5 days of receiving notification of such charges. Time forpayment of all sums owed by you to the Company shall be of the essence. All sums due to the Company from you shall be paid without any set-off or counterclaim.
4.6 You will not be entitled to cancel your order and/or to a refund if the increase in price is due to you providing the Company with incorrect measurements or any other incorrect information and the Company (or the relevant manufacturer) has relied upon this information and incurred costs in respect of the same and/or you require any alteration to the goods which was not taken into account when the Company calculated the Price.
5. Delivery/Collection
5.1 When the goods are received by the Company from the manufacturer, the Company will contact you to arrange a collection date or a delivery date and you will be required to collect the goods or accept delivery as soon as reasonably possible.
5.2 It is your responsibility to ensure that the physical access to the delivery address is sufficient to enable the Company to deliver the goods. You must notify the Company when submitting your order of any obstructions, restricted access or any other possible problems which may be encountered on delivery. If windows or doors need to be moved or any other work needs to be done to enable the Company to have access, this must be arranged by you at your cost and completed before the anticipated date of delivery.
5.3 When delivering the goods, the Company will endeavour to take the goods into your preferred room provided that reasonable access is available.
5.4 It is a condition of the Contract that should you wish to collect the goods, you must present to the Company, at the time of collection, the credit/debit card used for payment of the goods.
5.5 The Company is dependent on the manufacturer to supply the goods and therefore delivery/collection dates supplied to you are approximate only. The Company shall not be liable for any delay in delivery/collection of the goods howsoever caused. Time for delivery shall not be of the essence and the Company may at any time and for any reason alter the estimated delivery/collection dates by giving notice to you.
5.6 If you wish to collect the goods or where delivery has not been accepted at the agreed delivery address, the Company will store the goods without charge for up to four weeks from the date of notification that they are available for collection or from the date of attempted delivery. Thereafter the Company reserves the right to charge you a weekly storage fee of £50 (or such other sum as the Company determines is reasonable) until you collect or accept delivery of the goods.
6. Defects in the Goods
6.1 In accordance with its statutory obligations, the Company warrants that when delivered or collected the goods will be of reasonable quality and fit for the purpose for which they were supplied.
6.2 When the goods are delivered or collected you will be asked to inspect the goods and to sign a delivery note to confirm that you have done so, that the goods are in good condition and (where relevant) that no damage has been caused to your property in the course of the delivery and/or installation of the goods. If a material fault is found at that inspection you may refuse to take delivery/collect the goods or you may accept them on the basis that the Company will then either (at the Company’s option) repair the goods or replace them. If, in such circumstances, you accept the goods your right to reject the goods will be lost save in respect of defects which could not reasonably have been identified from a proper inspection of the goods. Any defects found after acceptance of the goods (which could not reasonably have been identified from a proper inspection of the goods) will be repaired by the Company (at your home or at the Company’s premises) or (at the option of the Company) the purchase price for the goods will be refunded provided that it can be shown that any such defects were present on delivery or collection.
6.3 For the avoidance of any doubt the Company shall have no liability in respect of any defects in the goods which were brought to your attention before completion of the Contract or which result from your misuse of the goods, or failure to store or maintain the goods properly.
6.4 You shall have sole responsibility for ensuring that the goods are of the right dimensions for your required use and must identify the intended use of the goods before you submit your order if your proposed use is in any way different from the normal use.
6.5 Most manufacturers reserve the right to change the specifications of their products without prior notice and you will not be entitled to cancel the order as a result of any change in the specifications of the goods which is not material.
7. Cancellations and Returns
7.1 You acknowledge and agree that almost all of the goods supplied by the Company are made and/or modified to your specific requirements and specifications (“Bespoke Goods”). The goods are not normally sold from stock. Therefore, once the Contract has been completed in accordance with clause 3 above, an order will be placed by the Company with the relevant manufacturer. You will not be able to cancel the order and you will not be able to return or exchange the relevant items otherwise than in accordance with clause 6 above (relating to the provision by the Company of defective goods).
7.2 If the goods ordered by you are not Bespoke Goods, you will have the right to cancel your order by written notice to the Company at any time during the period commencing on the completion of the order and ending seven days after the day following delivery/collection of the goods. Upon cancellation you are obliged to arrange for the return of the goods to the Company as quickly as possible. If you do not do so, the Company will make arrangements to collect the goods and shall be entitled to deduct the direct costs of recovering the goods from the amount to be refunded to you under clause 7.3 below.
7.3 Within 30 days of the Company’s receipt of a valid cancellation notice under clause 7.2, the Company will refund all monies paid by you for the relevant goods (less the Company’s collection costs). If the goods are already in your possession, you have an obligation to retain possession of the goods and take reasonable care of them until they are returned to the Company.
7.4 Please note that, for hygiene reasons, mattresses and pillows cannot be returned to the Company.
7.5 You acknowledge that, whilst the goods are in your possession you are responsible for ensuring that the goods are kept in good condition (and no worse condition than the condition in which they were delivered to you) and that you will be liable for any damage caused to them.
8. Title and Risk
8.1 Risk of damage to or loss of the goods shall pass to you at the time of collection or delivery to the address specified in your order form or, if you (or the delivery addressee) fail to take delivery or postpone delivery of the goods, the time when the Company has tendered delivery of the goods.
8.2 Notwithstanding delivery and the passing of risk in the goods, the title in the goods shall not pass to you until the Company has received in cash or cleared funds payment in full of the Price for the goods and all and any other goods or services or other charges for which payment is then due to the Company. Until title passes to you, you shall hold the goods as the bailee for the Company and shall make the goods available for collection by the Company upon request.
9 Natural Products
9.1 You acknowledge that the Company’s goods are made of natural materials and that:
9.1.1 some variation in the colour and/or shade of the wood, leather or other material is inevitable;
9.1.2 some woods, leather and other materials may mellow with age and exposure to sunlight and thus will not necessarily match existing items from the same range;
9.1.3 some woods will have natural markings;
9.1.4 leather and other similar materials may not be uniform in colour and will have natural marks; and
9.1.5 there may be some slight variation in the measurements (which are approximate only).
9.2 You acknowledge that no two items of furniture will be identical and exact fabric, leather grain and colour matching can never be guaranteed. This is particularly the case should you make purchases of goods at different times, for example to add to your existing range of furniture.
9.3 It is recommended by the Company that you comply with the written advice and guidance of manufacturers in connection with the use, care and preservation of the goods including care instructions shown on labels.
10 Third Party Suppliers
10.1 Any information provided to you by the Company in respect of third party contractors in connection with installation and other services is provided in good faith but without the acceptance of any liability by the Company.
10.2 You acknowledge that you will contract direct with third party contractors and that the Company accepts no liability for the work of any such contractor.
11 Data Protection and Privacy Policy
11.1 The Company will collate the personal information which you provide during the ordering process and use it to provide you with the Company’s on-line ordering services. By giving the Company this information, you consent to our use of it in order to process and fulfil your order.
11.2 The Company will treat your personal information as confidential and comply with the requirements of the Data Protection Act 1998, provided that you hereby agree that the
Company may use such information for legitimate business purposes including (without limitation):-
marketing of the Company’s products and alerting you to new products, features and enhancements, special offers etc;
internal marketing and demographic studies;
administration of the Website; and
requests for information required by law.
11.3 You also acknowledge and agree that the Company may use a third party to collect your personal information on its behalf and/or transfer such information to a third party (for example, to verify your identity, validate credit card payments etc). The Company will require any such third party to agree to protect the confidentiality of any personal information they collect.
11.4 The Company will take all reasonable steps to ensure the security of your personal information however you acknowledge and agree that the Company cannot guarantee such security. By using the Company’s on-line ordering service you acknowledge the inherent risks of providing information on line and that the Company will not be responsible or liable for any breach of security unless such breach is as a result of the Company’s negligence.
12 General
12.1 The Company reserves the right to change these Conditions from time to time. You will be deemed to have accepted any new Conditions if you continue to use the Website after the changes have been posted on the Website. It is your responsibility to review the Conditions from time to time to be made aware of the changes. If you do not accept any of the changes, your only remedy is to stop using the Website.
12.2 These Conditions supersede all earlier sets of terms and conditions and apply to every Contract made between the Company and you for the sale and supply of goods
12.3 If any provision of the Conditions is held to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected.
12.4 The Company shall not be liable for any delay in performing any obligations under the Contract if such delay is due to circumstances beyond its reasonable control (including without limitation, natural disaster, Acts of God, strikes, lock-outs, accidents, war or actions or decrees of governmental bodies or failure of communication services) and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.
12.5 Any notice required to be given under the terms of the Contract shall be in writing and shall be delivered by hand or sent by pre-paid first-class post, or by electronic or facsimile transmission and shall be deemed duly served:
(a) in the case of notice delivered personally, at the time of delivery;
(b) in the case of a notice sent by pre-paid, first-class post, two clear business days after the date of dispatch; and
(c) in the case of electronic or facsimile transmission, on the next following business day.
12.6 The Contracts (Rights of Third Parties) Act 1999 shall not apply to the Contract and unless specific provision is made in the Contract to the contrary no person other than the parties to it shall have any rights under it or be entitled to enforce it.
12.7 The Contract and use of the Website will be governed by and construed in accordance with the laws of England and Wales.