These are the terms and conditions on which we supply our products to you.
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.
These terms and conditions apply to anyone placing an order on www.cabyn.co.uk (our website). If you may be ordering by telephone or some other distance means, we will direct you to these terms as these terms will apply to any such order method.
INFORMATION ABOUT US
We are Cabyn Limited a company registered in England and Wales. Our company registration number is 10884552 and our registered office is at The Old Gas House, Darley Abbey Mills, Derby, DE22 1DZ, United Kingdom. Our registered VAT number is 278 8006 71.
You can contact us by telephoning our customer service team at 01332 913135 or by emailing us at email@example.com or by writing to us at The Old Gas House, Darley Abbey Mills, Derby, DE22 1DZ, United Kingdom, or as otherwise detailed on the Contact Information page on our website.
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.
When we use the words “writing” or “written” in these terms, this includes emails.
OUR CONTRACT WITH YOU
Our acceptance of your order will take place when we either issue you with our order pack (if at our showroom) or you receive an order confirmation from our website, at which point a contract will come into existence between you and us. You should always check the details we give/send you to make sure it contains all the correct information and notify us immediately if you need to amend anything on it.
If we are unable to accept your order, we will inform you of this in writing and will refund the online order or, if you agree, find a like for like product. This might be because, for example, the product (or parts needed for the product) is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
We currently only delivery to mainland UK. Please contact us if you are unsure as to whether we can deliver to your address.
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 a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Custom Made Furniture – Before ordering custom made furniture we recommend you use the free sample service available in our showroom and on our website, via email and telephone taking note of the following:
- the Sample Service should be used even if you are making a repeat order as colours can vary from batch to batch;
- a sample may not show the full range of the pattern or colour. If you have any concerns about this please contact us;
- suppliers may change names and colour references from time to time;
- you are entitled to up to 6 free samples under our Sample Service. Should you require anymore we would advise you to call our customer service department.
- You understand the characteristics, rub count, nature etc of your chosen fabric
Custom Made Furniture – It is your responsibility to ensure that the furniture you order will fit through the entrance to your property and through internal doorways/corridors/hallways and will also fit inside your room of your choice. Neither Cabyn nor our delivery partner can be held liable for any damage caused to walls, door frames, paint or anything else, if your custom-made furniture cannot pass easily. If it is not possible to access, it will be your responsibly to find a resolution for this.
If the item is too big for your intended room and you are changing your mind, as per our Returns & Cancellations policy, we will not be able to accept the product back for a refund nor exchange it for a smaller furniture.
All our products are made with a tolerance of between [+/-3cm] and will not be considered faulty or mis-described for the purposes of these terms and conditions if they fall within these parameters
You can find information and tips on how to measure on our website or by contacting us. Our delivery partner can also carry out an access check prior to you ordering for a fee dependent on your postcode. Please ask us for details.
YOUR RIGHTS TO MAKE CHANGES
Custom Made Furniture – If you wish to make a change to the product you have ordered please contact us without delay. Please note that we aim to start work on each order received within 48 hours of receipt so any changes you wish to make must be communicated to us as soon as possible. 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 below ‘Your rights to end the contract’).
OUR RIGHTS TO MAKE CHANGES
Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
PROVIDING THE PRODUCTS
Delivery costs. The costs of delivery will be as displayed to you on the Delivery Information and/or product page on our website as amended from time to time. These will be applied as part of the order process. We reserve the right to increase the delivery costs from those advertised on the Delivery Information page on our website from time to time to ensure that our costs are duly covered for any deliveries deemed unusual in the normal course of our business (for example, to any particular location or if the size or weight of the delivery is particularly large).
When we will provide the products. During the order process we will let you know when we will provide the products to you. Information on delivery timescales is available on our website. We will deliver the products to you as soon as reasonably possible and we will provide you with an estimated delivery date when we have information from our production team.
Custom Made Furniture manufacturing process. We will begin manufacturing process of your made-to-order product approximately 48 hours after accepting your order.
We are not responsible for delays outside our control. 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 and you have not provided alternative delivery instructions in the order process, the delivery company will leave you a note informing you of alternative delivery arrangements. Instructions to leave safe by the customer is at the customers own risk and the company cannot be held responsible should this happen.
If you do not re-arrange delivery. If you do not make alternative delivery arrangements following the instructions set out by the delivery company the product will be returned to us. We will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and we may claim compensation from us.
When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us.
When you own goods. You own a product once we have received payment in full and the product has been made.
What will happen if you do not give required information to us. If you have not provided us with all the information required for the product you have ordered as detailed on our website we may contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract and may 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.
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, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 7 days you may contact us to end the contract and we will refund any sums you have paid in advance for the product.
YOUR RIGHTS TO END THE CONTRACT
You can always end your contract with us.
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 to get some or all of your money back), see below.
If you have just changed your mind about the product you may be able to get a refund if you are within the cooling-off period (if applicable), but this may be subject to deductions and you will have to pay the costs of return of any product received. As explained below, this right will only apply if the product you have ordered is not custom made or made with your own fabric and is a standard product.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
- 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; or
- you have a legal right to end the contract because of something we have done wrong.
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. However, these rights, under the Consumer Contracts Regulations 2013, exclude products that are custom made and/or made with customer’s own fabric. If you want to change any part of your order or cancel your order you will need to contact us within [24 hours] of you placing your order, although if we have started to make the product we will be entitled to withhold from any refund the cost of materials used.
How long do I have to change my mind? For standard, non custom-made products you have 14 days from the day you (or someone you nominate) receives the goods. As explained above, once we have started the manufacturing process of your custom made products, you are not able to cancel the contract.
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 01332 913135 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
Online. Complete the form on the Contact Information page on our website.
Non Custom Made Returns – 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. You must send any such products, unused and in their original packaging, back to us at The Old Gas House, Darley Abbey Mills, Derby, DE22 1DZ using a reputable delivery company. Please call customer services on 01332 913135 email us at email@example.com to discuss the process of returning any such products to us. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return if the products are faulty or misdescribed. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
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. 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 we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
When your refund will be made. We will make any refunds due to you as soon as possible and usually within 28 days from receipt of the returned product.
Custom Made Furniture – Products we make to order cannot be returned to us, as they are made especially for you. It is very important that you make sure you are happy with your chosen fabric, colour, measurement and item in general and that you double check all details before completing your order.
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 make any payment to us when it is due and in full;
- 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;
- 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 above we will refund any money you have paid in advance for products we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract.
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 01332 913135 or write to us at firstname.lastname@example.org or The Old Gas House, Long Mill, Darley Abbey Mills, Derby, DE22 1DZ or as otherwise detailed on the Contact Information page on our website.
Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See 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 legal rights
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- up to 30 days: if your goods are faulty, then you can get an immediate refund.
- up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- up to six years: if your goods do not last a reasonable length of time (bearing in mind their nature) you may be entitled to some money back.
If your goods are faulty we will seek to resolve the issue by either repairing the fault or by supplying you with replacement parts that remedy the fault. If it’s not possible to repair or replace parts only, we will issue either a full replacement or a offer full refund.
This does not apply to faults caused by damage, accident, neglect, misuse or general wear and tear. In the event that a fault has occurred due to the above or by modification by the customer we are not obliged to cover carriage charges (to the extent that the goods have been returned to us) or offer a repair or replacement/refund.
Should you wish to report a fault you will need to provide photos of the damaged / faulty item so that we can assess the issue and provide you with the best resolution.
Once we have inspected photos and the item is deemed to have a manufacturing defect or is not fit for purpose, we will offer you a replacement, a repair or a refund. We reserve the right to send a third party to your property to inspect the item and issue a repair if appropriate and possible.
PRICE AND PAYMENT
Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages 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 below 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.
When you must pay and how you must pay. We accept payment with Visa/Mastercard Credit/Debit, Amex, Paypal, Paypal Credit, Apple Pay. You must pay for the products in full at the time of order. We will charge your credit or debit card at the time we accept the order.
What to do if you think your payment receipt is wrong. If you think your payment receipt is wrong please contact us promptly to let us know.
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 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. As referred to above, you should not book a fitter until you have received and checked the product as we will not be liable for any cancellation of an appointment. Also, it is your responsibility to ensure that the quality and state of the walls to which the product will be fixed is suitable.
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 seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; 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.
We exclude liability for any losses relating to the material used to make the products or supplied to you under the Sample Service. We rely on suppliers to provide us with the material we use to make the products. We exclude liability for any loss suffered by you as a result of any changes to the material supplied to us from time to time including without limitation any changes relating to colours, shading, names and patterns.
We exclude liability for any losses relating to the measurements you supply. We will not be liable for the measurements you supply to us as part of the order process. We have taken steps on our website to provide you with all the information you need to take measurements correctly and further can offer you opportunity to take cover for any mistakes you make when taking these measurements in the form of an access check, please refer to our website for details about this.
HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will use the personal information you provide to us:
- to supply and deliver the products to you;
- to process your payment for the products; and
- if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
We will only give your personal information to third parties where the law either requires or allows us to do so.
OTHER IMPORTANT TERMS
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its 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 and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live in a European country outside of England, Wales, Scotland or Northern Ireland, you can bring legal proceedings in respect of the products in either the English courts or your country’s courts.