Terms and Conditions - Zurleys
Terms and Conditions at Zurleys
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
Service Availability and Status
We only accept orders from individuals in the UK and EU. Some restrictions are placed on delivery addresses. These restrictions can be found on our delivery page.
By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old; and,
- You are resident in one of the Serviced Countries (UK and EU)
Zurleys does not manufacture or package the products sold on the website and we operate as the retailer only.
Actual product packaging and materials may contain more and slightly different information than what is shown on our website. Please always read labels, warnings, and directions provided with the product before using or assembling the product(s).
General Terms and Conditions
This site is owned and operated by M Burke Enterprise Ltd T/a Zurleys.co.uk of Zurleys, Enterprise Greenhouse, St Helens Chamber, St Helens, WA101FY. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at at firstname.lastname@example.org or 01744742384.
1. The contract between us
We must receive payment for the whole of the price of the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
2. Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
3. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Zurleys or its suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
4. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website.
5. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order. Refunds will in this instance be processed within 24 hours.
7. Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
8.1 The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.
8.2 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.
We will not be bound to honour any prices, where we have indicated to you subsequently that the prices displayed have been displayed in error. In these cases a full refund will be offered.
We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a dispatch confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
The prices displayed on the website in relation to any promotion are valid strictly until midnight on the day on which the promotion expires, as determined by us.
9. Payment terms
9.1 We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
9.2 Payment for all products must be by credit or debit card. We accept payment using Payment Sense Hosted Platform
10. Delivery Charges
10. 1 We offer a free delivery service on orders equal or more than £50. Delivery charges vary according to the type of goods ordered and location of delivery. Delivery locations excluded from the free delivery service are Northern Ireland Republic of Ireland and Scottish Highlands.
10.2 Zurleys Free Delivery offer includes the most cost effective and fastest way to receive your item(s). If you request an alternative delivery service this may incur surcharges.
11.1 Our delivery charges can be found in our delivery policy. Delivery timescales on the website are estimates only.
11.2 You will be required to pay extra for delivery in some locations and it also might not be possible for us to deliver to some locations
11.3 Please note that we are only able to deliver to addresses within the United Kingdom within our free delivery service, Excluded locations include the Scottish Isles, parts of Scotland and Ireland We can delivery to these locations but please contact us beforehand to receive a delivery quote for these locations.
11.4 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and are estimates only. In any event, we will aim to deliver your goods within 30 days from the day after we receive your order (excluding made to order items). If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.
11.5 You will become the owner of the goods you have ordered when they are in your physical possession or in the possession of an authorised person. Once goods have been delivered they will be held at your own risk and we will not be liable for their loss or destruction.
11.6 Zurleys uses third party carriers to deliver products to customers and we do not provide our own delivery service.
11.7 All deliveries taken place by third party carriers only include delivery to door unless stated on the checkout page. This can include large or heavy items if a “to door” delivery service is still available. Some deliveries do include downstairs room of choice but must be requested beforehand or will be stated before ordering on the order review/delivery section. Zurleys cannot be held liable for any loss, injuries or damages because deliveries are made to door/drive only.
11.8 You are responsible for providing a safe means of access from the public highway to the place of delivery. If the carriers delivery staff consider that access is unsafe then they will not deliver the goods until safe access is provided. If they are unable to deliver the goods due to there being no safe means of access. We reserve the right to cancel your order and refund the payments subject to our refund policy.
11.9 We will not be liable for any loss or damage suffered by you through any reasonable delay or delay due to unforeseen circumstances outside of the reasonable control of Zurleys or any reasonable rescheduling of delivery.
12. Risk and ownership
Risk of damage to or loss of the goods passes to you when they are in your physical possession or in the possession of an authorised person at the time of delivery. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered. You can refuse a delivery by not accepting the items from the courier. The items will be returned to us.
13. Cancellation rights
13.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 28 calendar days after the day on which you receive your goods (with the exception of any bespoke or personalised items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
13.2 Should you wish to cancel your order, you can use the cancellation form provided on the Return Page as well as on your notification emails from Zurleys, or alternatively you can notify us in writing by any durable medium (for example letter sent by post, fax or e-mail).
13.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
13.4 Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.
13.5 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using the goods prior to cancellation)
14. Cancellation by us
14.1 We reserve the right not to process your order if:
14.1.1 We have insufficient stock to deliver the goods you have ordered;
14.1.2 We do not deliver to your area; or
14.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
14.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
15.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11.4), we will provide you with a full refund.
15.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
15.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption. We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged or wrongly delivered products over and above the value of the goods themselves. This does not affect your statutory rights.
15.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Sale of Goods Act 1979 (as amended)) relating to faulty and/or miss described goods.
15.5 If you the consumer misuse or damage the item(s) purchased from Zurleys we will not be held liable.
15.6 Zurleys procures products from suppliers across Europe which are displayed for sales on the Zurleys.co.uk website. If products are faulty please contact us first so we can deal with your enquiry direct with the supplier of the products.
15.7 Zurleys does not manufacture/repair/package/deliver products and only provides a platform to buy products from different brands/suppliers/manufactures across the UK and Europe.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Zurleys, Enterprise Greenhouse, St Helens Chamber, St Helens, WA101FY, Support@zurleys.co.uk and all notices from us to you will be displayed on our website from time to time.
17. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible. A copy of the terms and conditions will be attached to your order for your own reference.
18. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforce-ability of any other part of these conditions will not be affected.
21. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
22. Termination and Cancellation of Account
Either Zurleys or you may terminate your Account. If Zurleys terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
- If Zurleys terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
- Zurleys reserves the right to cancel purchases without stating reasons, for any reason prior to dispatch.
- If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
- If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
23. Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business however excludes fault/damage claims as per our policy* as well as a separate returns policy for business customer as per our policy**.
*Although our products are made to a high quality they are designed to be used in a home setting and thus we cannot offer accept wear and tear fault/damage claims after 2 months of delivery due to the extensive usage the products may be exposed to in business settings. Business customers are defined by the billing details (Business Card Purchases) or Proforma and BACS customers.
**Please also see the returns policy for the specific section for returns if you are business customers.
24. Product Information and Images
24.1 Images are used for visualisation purposes only and should be used to gauge the product. Accessories in images are not included in the price and used for demonstration purposes only. An example of this is flowers and vases on sideboards or tables. These items are not included unless stated in the description
Whilst goods may be shown assembled they may require assembly by you.
24.2 We have made every effort to display as accurately as possible the colours of our products that appear on this website. However, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the actual goods.
24.3 Appearances may vary from some product. Some woods will mellow with age and exposure to sunlight. When you are purchasing our furniture you may be buying handmade furniture where varying degrees of distressing is generally applied. This is very much intended and makes each piece totally individual as desired by the craftsmen. Certain degrees of filler will be used on oak furniture this is common and very much part of the manufacturing process.
Leather products are made from quality natural leather and accordingly they may not be uniform in colour or texture. Only the finest hides are selected but they will show natural marks and scars on the hide.
25. Discount Codes
Official Zurleys Discount Codes entitle you to an extra percentage (specific to the Discount Code in question) off your next online order from Zurleys. To claim your discount, enter the specific promotion code on the trolley page then click on "Apply Coupon".
Discount Codes can only be used once per customer, cannot be used in conjunction with any other promotion or offer, remain our property, are not transferable and are not valid for the purchase of gift cards or gift vouchers. There is no cash alternative. Discount Codes and related offers are not open to employees of Zurleys.co.uk and we reserve the right to withdraw them and refuse or restrict any order at any time.
Discount Codes are only valid on Zurleys.co.uk for payments made by residents of the United Kingdom.
26. User Generated Content
You should not post or place content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom; which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
27. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
28. Events out of our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
29. Bespoke/Personalised Items
Where in the case of made to measure furniture the Customer requests and the Company agrees to make variations to the design the Customer has previously agreed the Customer will pay the cost of re-design and amendment to the working drawings together with the additional cost of work and materials at the rates stated in the Offer. Where the Company incurs additional costs due to Site Conditions not having been met or due to the Company taking steps to ensure that the Site Conditions are met as provided in the site Conditions the Customer will pay for the additional work or wasted time.
Please see product delivery estimate for estimated time to receive your order. You will be contacted throughout the process with order updates
M Burke Enterprise Ltd (www.zurleys.co.uk)
Company Number: 08065581
Zurleys, Enterprise Greenhouse, St Helens Chamber, St Helens, WA10 1FY