Terms & Conditions

(of website use and goods purchase)

Definitions

"Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;

"Seller" means MangoMaya Ltd, trading as Furntiture-Base.co.uk of 32 Stanley Road, Leicester, LE2 1RE.

"Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

"Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

"Goods" means the articles that the Buyer agrees to buy from the Seller;

"Terms and Conditions" means the terms and conditions of sale set out in this document and/or any special terms and conditions agreed in writing by the Seller at the point of sale.

Conditions

Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication between the Seller and the Buyer. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

Ordering

By placing an online order the Buyer is making an offer which will not become a binding contract until the order is accepted by the Seller. Taking payment online does not confirm acceptance of an order. If for any reason the Buyers order is not accepted a refund will be made immediately. The Seller may choose not to accept an order for any reason. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order

Purchase and Payment

The Price of the Goods shall be that stipulated on the Seller’s Website. For most goods, the Price you see is the total price to be paid, is inclusive of VAT and includes reasonable delivery charges. We do not apply any hidden, or surprise charges.

The total purchase price, excluding VAT, where applicable, will be displayed in the Buyer’s shopping cart prior to confirming the order, together with the VAT amount charged.

After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.

Payment of the Price (and delivery charges if applicable) must be made in full before dispatch of the Goods.

Rights of Seller

Due to the effect of fluctuating currencies and supplier disposition, we cannot guarantee that the price of a product will be constant or even available for sale. Therefore the Seller reserves the right to adjust the price and specification of any item on the Website at its discretion, as well as the right to withdraw any goods from the Website at any time. The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

Age of Consent

Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods. If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately and without notice.

Warranty

The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.

Delivery

We only deliver to UK mainland at the present. All our goods are flat packed for easy assembly and are delivered to ground floors only except where lifts are provided. Deliveries in most cases will take place within 7-10 working days unless otherwise agreed in writing by the two parties. Parties meaning the Buyer and the Seller. Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

When an order contains more than one item all items will be delivered at the same time once all items are available. Dates and times quoted for delivery are approximate only. We shall not be liable for any direct, indirect or consequential loss, costs, damage charges, or expenses caused directly or indirectly by any delay in delivery. In cases where a delivery date has been agreed with the Buyer but the customer is not present to receive the delivery we reserve the right to charge the customer a minimum of £25.00 to cover part of our costs for the failed delivery.

Cancellations

If the Buyer wishes to cancel an order, this must be done in writing within 24 hours of ordering. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. If the cancellation is later than that or if the goods have already been dispatched we reserve the right to deduct 10% for cancellation and costs incurred from the refund.

Returns Policy

Though we take every care to supply the correct goods, mistakes may sometimes happen. In an unfortunate event like that, please e-mail us within 7 days to:

for replacement or refund. A 10% re-stocking charge will be made if a customer has ordered the wrong goods and require a refund. Cost of returning such goods will be borne by the Buyer. All goods must be returned unused and unassembled, in its original packing. Returned goods received partially or fully assembled, damaged or with lost components will not be refunded. If goods were received damaged by the Buyer, description of the damage must be notified to us in the e-mail lodging the complaint.

Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer. Refunds will normally be processed within 7-10days of receiving the goods in good condition, complete, and in its original packing. We reserve the right to withhold a refund if goods are returned damaged or incomplete.

Limitation of Liability

Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

Waiver

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

If you have any concerns about our returns policy please

contact us by email before making a purchase.

Privacy Policy

We will only hold the following information about you:

• • • Name and address

    • Phone number

• • • Email address

Financial information i.e. debit/credit card details are processed through an external third party and are not retained by us. If you have security concerns regarding this aspect please contact our web host (www.ekmpowershop.com) for reassurance.

We will never pass any information we hold to any third party for any reason whatsoever, unless demanded by a court of law. We will take all reasonable precautions to keep the information secure. We will not be held responsible for any negligence by the Buyer, your ISP, our ISP or our web host. If you have any concerns about our privacy policy please contact us by email before making a purchase.

Force Majeure

We shall not be liable for any failure of deliveries caused due to circumstances beyond our control including natural calamities, war, fire, riots, terrorism, floods, breakdown of plant and machinery or unavailability from our suppliers.

Governing Law and Jurisdiction

Our terms and conditions shall be governed by the Laws of England and Wales only. All cases of dispute or claims shall be dealt exclusively by the Courts of England and Wales.

If you have any concerns about our terms and conditions

please contact us by email before making a purchase!
sales@mangomaya.com

MangoMaya Ltd. 2010

(T/A furniture-base.co.uk)