Terms & Conditions

1. Definitions

In these Terms and Conditions (as amended from time to time) the following words and expressions will have the below meanings:

- "Order Acknowledgement" means an email confirming that we have received your order

- "Furniture" means any items of furniture, including sofas, love seats, chaise longues, chairs, armchairs, footstools, ottomans, headboards sold by Warner (1870) Limited

- "Product(s)" means any products (including Furniture), items or goods sold by Warner (1870) Limited

- "you" or "your" means the customer

- "we", "us" and "our" means Warner (1870) Limited (Company number: 12024016) trading as Warner House

- "Website" means Our website, warner-house.com 

2. Ordering

You can order our Products by placing an order on our Website.

By placing an order you are agreeing to these Terms and Conditions.

Only individuals aged 18 or over can place an order on our Website. By placing an order, you confirm that you are at least 18 years old and capable of entering into a binding contract.

After placing an order you will receive an Order Acknowledgment. If for any reason we are unable to fulfil your order we will write to you to confirm that is the case and refund any funds taken.

We will use the information provided by you to fulfil the order; therefore, you must ensure that the information provided is accurate. This includes, but is not limited to, measurements, dimensions and access on delivery.

We reserve the right to cancel orders at any time prior to delivery, at our sole discretion. Reasons for this include but are not limited to Products being unavailable or out of stock, pricing or Product description errors, inability to obtain payment for the Product or any suspicious or potentially fraudulent activity.

We reserve the right to refuse to supply any individual or company.

3. Price And Payment

Prices listed on our Website or associated social media platforms are correct at the time of publishing but are always subject to change.

Prices listed on the Website include VAT but exclude delivery costs.

Payment can be made by using all major credit and debit cards, PayPal and Warner House gift cards.

There may be further costs associated with customisation, which we will inform you of prior to accepting your order.

At the checkout page of the Website you will be presented with the total cost of the selected Products plus any additional costs such as delivery charges.

All orders submitted are subject to verification and authorisation from your card issuer. If the card issuer does not authorise payment for any reason we will not be liable for any delay or non-delivery of your order.

Ownership of the Products will not pass to you until we have received full payment of all sums due in respect of the Products, including (where applicable) delivery charges.

4. Delivery

We will give you an estimated delivery time for each product on the individual product pages, with a summary as to delivery times also found on the following webpage: www.warner-house.com/delivery. These times are provided on a good faith basis and cannot be taken as a guaranteed date due to the nature of the Products. Delivery times can vary and we will not be responsible for delays caused due to factors outside our control.

We deliver to mainland UK and delivery outside of the mainland UK is subject to the availability of our courier’s service in the area and cannot be guaranteed. You will be responsible for all duty, tax and delivery costs associated with delivery outside mainland UK.

You will be responsible to ensure that on the day of delivery the Products will fit into your home and that there is safe access for the delivery courier to reach your address. We will not be liable for any failure to provide safe and sufficient access in order to complete the delivery.

For made-to-measure, bespoke and larger items such as furniture once your order is ready to be shipped we will contact you to arrange delivery. Please note that we cannot always offer your preferred delivery slot as this is dependent on the courier availability.

We may offer a delivery service which includes positioning the Product in your home, unwrapping and removing any packaging, if desired. This delivery option will be detailed at checkout and within the Order Acknowledgement email we send and might incur an additional charge.

If You wish to amend your delivery option following placing your order we may be able to do so for an additional charge which will be at our sole discretion.

All Products will require a signature upon delivery.  Products must be carefully checked at time of delivery and signed for by an adult. Any defect or damage must be reported to us immediately.

All items of Furniture will require a signature upon delivery to confirm you are satisfied with the quality of the item, by signing you are confirming that you have inspected the item of Furniture thoroughly for signs of defects or damage. We ask you to contact us immediately if you believe there to be any defect or damage.

For any items of Furniture, if we attempt to deliver goods to a delivery address but delivery is impossible or impractical, you may contact us with an alternative delivery address and we will redeliver to that alternative UK delivery address. Re-delivery charges will apply.

If delivery proves impossible or impractical on 2 or more occasions because of access problems, the Products will not fit into the room for which they are intended or because there was no-one at the delivery address aged 18 or over to sign for the goods at the time arranged for delivery, then we may cancel your order subject to the clause entitled ‘Returns and Cancellations’ below, delivery charges will not be refunded. Bespoke Products are non-returnable. If your bespoke Product does not fit your room or fit through access to your room we are not able to refund/exchange the item so please measure carefully.

If tradesmen or other professional services are being used and require our Product to be in place before they can complete their work we would advise not booking them until the Product has been delivered.

5. Returns And Cancellations

You will not be entitled to cancel your order for any Products made to your bespoke requirements after you receive the Order Acknowledgment. Such Products include but are not limited to wallpaper (printed to order), fabric (cut to order), all furniture (as these pieces are created specifically for you), paint (as this has been produced exclusively for you), curtains and blinds (manufactured specifically to your measurements) and lampshades (made-to-order).

You will not be entitled to return any Products that are bespoke, personalised or made to specific measurements (as described above).

For any Products that are not made to your bespoke requirements, you will be able to return the Products to us within 14 days of placing the order or receiving delivery of products. You will receive a refund to your original payment method. 

Until the Products are returned to us, you are responsible if the Products are lost, damaged or destroyed.

Products returned to us should be unopened, unused and in their original packaging, where possible.

To begin the returns process for a returnable Product(s), you must first contact our customer care team who will take some information from you before generating your free returns code. Our customer care team will need to obtain from you: your order number, your full name, your email address, the reason for your return and the names of the Product(s) you are returning. You can begin the returns process by emailing the above information to customercare@warner-house.com or by calling 0330 055 2995 and supplying this same information. 

If you wish to cancel an order for any returnable Products, please contact us on 0330 055 2995 within 2 hours of placing the order, if the order was placed during the working hours of 9:00-17:00. Any orders placed between 17:00 and midnight can be cancelled by 11:00 the next morning. You will not be able to cancel your order after this period.

Due to the nature of same day dispatch of many Products, your item may have been shipped before you are able to cancel. If this is the case, you are able to reject the delivery of the item, with the item then being returned to us. 

Should you for any reason be unable to reject the delivery, you will still be able to return the item to us within 14 days of receipt. Please follow our returns policy.

 

Defective Products:

  • If You believe that a Product received may be defective or of unsatisfactory quality, please let us know as soon as possible. Please do not attempt to return any Products you believe to be defective before contacting us.
  • We will carry out an investigation before determining whether we are able to process a return for the damaged Products. We need to be able to inspect the Product in question in the condition reported, so we may not be liable if any work on the Product or restoration has taken place prior to our inspection.
  • You can find more information as to what constitutes as ‘defective Products’ in Our FAQs.

Cancellation rights do not apply to a business customer.

6. Product Description

We try to ensure that all details, descriptions, and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. However, specifications and descriptions of Products on our Website are not intended to be binding and are intended only as general description of the products.

We work hard to ensure the photography and samples available reflect as closely as possible the final Product. However, as each material used has natural and unique characteristics, there may be variations to size and colour. As most products are bespoke and made-to-order you should allow for a potential variation of up to 3% for measurements. We are unable to accept any responsibility for these variations.

The device you use to browse our Website may have display settings which cause colours to appear differently to those of the image originally uploaded to our Website. For that reason, we always recommend that your order a sample, where possible, to get a truer reflection of the colour.

To get the most out of any Products, you should take care to follow the care instructions. The Products We sell are for consumers for general domestic use only and must be used for the intended purpose. Where Products are used for commercial purposes we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.

7. Guarantee

The frame construction and springs of all our Furniture are guaranteed for normal domestic use for five years from the date of delivery, provided that the information and care guide has been followed.

This guarantee does not cover wear and tear, neglect, abuse or misuse of your goods, loss or damage by fire, smoke, explosion, lighting, sunlight, infestation by animals or boring insects, theft or loss, or accidental damage caused by you or a third party.

This guarantee does not cover any ex-display and seconds.

8. Gift Cards

Warner House digital gift cards (“E-Gift Card(s)") are governed by these terms and conditions.

A Warner House E-Gift Card is not a cheque guarantee, credit or change card.

Warner House E-Gift Cards are available in four amounts; £50, £100, £250 and £500.

Warner House E-Gift Cards are valid for 2 years from the date of purchase.

Warner House E-Gift Cards can be used to make purchases online at www.warner-house.com.

When gifted a Warner House E-Gift Card, you will receive an email containing your unique gift card serial number. You will need to enter this number at checkout, choosing payment option ‘Gift Card’.

When using a Warner House E-Gift Card, the amount of your purchase will be deducted from the balance on the Warner House E-Gift Card. If the cost of your order is less than the balance on the gift card, the remaining balance will be left as credit on your Warner House E-Gift Card. Please note that additional value cannot be added to any Warner House E-Gift Card and change will not be given.

You can check the balance of a Warner House gift card by logging into your account and clicking on the ‘My Gift Card’ section. Alternatively, contact our customer care team and they can confirm the balance for you.

Warner House E-Gift Cards are only redeemable in GB pounds sterling.

Warner House E-Gift Cards cannot be redeemed or exchanged for cash. Cash refunds will not be available for products purchased with a Warner House E-Gift Card.

Refunds will not be given for the purchase of a Warner House E-Gift Card. Your statutory rights are not affected.

Refunds of products bought with a Warner House E-Gift Card are made in accordance with our refund policy, which can be viewed here: www.warner-house.com/terms-and-conditions. Where an item is returnable, the refund will be paid back onto a Warner House E-Gift Card.

If you have lost your Warner House E-Gift Card or it has been stolen, please contact our customer care team. As our E-Gift Cards are treated like cash, we cannot guarantee replacement or cancellation.

Alternatively, if you have any issues with using your Warner House E-Gift Card, please contact our customer care team.

Warner House are not responsible for any use of the funds on your E-Gift Card(s) without your knowledge or consent.

Warner House reserves the right to refuse to accept any E-Gift Card(s) that we consider has been copied or suspected to be affected by fraud. Action may also be taken where the fraudulent use of a credit card to purchase an E-Gift Card is suspected.

The re-sale of Warner House E-Gift Cards is strictly prohibited.

If we fail to receive payment from the purchaser’s bank or card company for the purchase of the E-Gift Card, we will cancel the value of the Warner House E-Gift Card.

Warner House will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for any direct, special, incidental, indirect or consequential damages including loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use any Warner House E-Gift Card(s).

Warner House reserves the right to amend these terms & conditions from time to time, where we consider it reasonable and necessary to do so.

These terms and conditions are governed by English law and are subject to the exclusive jurisdiction of the English courts.

9. Limitation Of Liability

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms and Conditions for:

  • any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  • any loss of goodwill or reputation; or
  • any special or indirect losses

suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms and Conditions.

Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

It is your responsibility to ensure that all fabrics purchased are treated with a flame-retardant treatment before use. We can provide this service for an additional charge and you must specify before completing the order that you require this service. We will not be liable in the event you do not ensure the fabric is treated prior to use.

You should not use, convert and/or resale our Products for commercial purposes, where such actions would infringe our intellectual property rights. Wallpaper and fabric samples are for personal use only as a guide to purchasing our Product. They are not designed to be used within the context of creating a new product, such as artwork, for non-domestic or commercial purposes.

10. General

We try to make sure that all information on the Website, including descriptions of the vouchers, are accurate and correct at all times. However, mistakes do happen. We will try to resolve all information errors on the Website as soon as reasonably possible, and if We reasonably think that such an error has affected your purchase of Products We will try to let You know. However, because We take these steps we will not be liable to you for any errors on the Website.

We reserve the right to withdraw any Products from the Website and/or remove or edit any content or additional materials from the Website at any time. We accept no liability – whether from you or a third party – for any of the aforementioned amends or removals.

We will treat all your personal data as confidential (although we reserve the right to disclose this information if required by law). We will keep it on a secure server and we will fully comply with all applicable data protection and consumer legislation. If you'd like more information on how we collect, process or store your personal data, please see our Privacy Policy.

You recognise and agree that all copyright, database rights, trademarks, brand names and all other intellectual property rights in all our Products, material and/or content of this Website are owned by Warner (1870) Limited or our licensors and shall remain at all times vested in us or our licensors as expressly authorised by us or our licensors. You are not permitted to use this material without the expressly permission from us and/or our licensors.

You can share photos of the Products you have purchased on our Website and our social media pages. Whenever you upload any content to our Website or our pages on social media, you warrant to us that any such posting complies with the law, the terms of the relevant social media platform and does not breach anyone else’s rights. You will indemnify us for any loss we suffer as a result of your breach of this warranty.

Any content you upload to our Website and/or our pages on social media will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. 

We have the right to remove any posts you have uploaded to our Website that, in our opinion, do not comply with the law or our Acceptable Use Policy.

These Terms and Conditions and any contract formed in accordance with them are governed by and construed in accordance with English Law and will be subject to the exclusive jurisdiction of the Courts of England and Wales.

We will not be in breach of these Terms and Conditions for delay in performing, or failure to perform the delivery of the order if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for 3 months, you may cancel your order by giving us 14 days written notice.

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990.

We will not be liable if, for any reason, our Website is unavailable at any time or for any period.

If any term of these Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, then such term will be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.

We reserve the right to amend these Terms and Conditions at any time. Any such amendments will take effect when posted on the Website and it is Your responsibility to read the Terms and Conditions on each occasion You use the Website. Your continued use of the Website shall signify Your acceptance to be bound by the latest Terms and Conditions.

11. Trade Account

Nothing in these Terms and Conditions shall oblige us to accept an application for or open a Trade Account in your name. We reserve the right at our sole discretion and without any liability to you to reject an application for a new Trade Account and/or suspend or close an existing Trade Account without providing a reason.

Any discounts or promotions available from time to time to consumers shall not apply to Products ordered via a Trade Account. No voucher codes or Gift Vouchers can be redeemed against Products ordered via a Trade Account. A consumer means any natural person acting for purposes outside his trade business or profession and purchasing Products for personal use only.

 

Resale

You shall not without our prior written consent advertise, canvass or otherwise attempt to re-sell the Products purchased from us on the internet.

You, therefore, shall not be involved either directly or indirectly in the provision or re-sale of the Products by mail order or via the internet without first obtaining our express written permission.

You shall not use our Products to manufacture or convert into other products such as (including but not limited to) cushions, lampshades, upholstered furniture or any artwork) and re-sell for commercial purposes, save with our written consent.

 

Intellectual Property

You recognise and agree that all copyright, designs, database rights, trademarks, brand names and all other intellectual property rights in all our Products, material and/or content of this Website are owned by Warner (1870) Limited or our licensors and shall remain at all times vested in us or our licensors as expressly authorised by us or our licensors. You are not permitted to copy or use this material without the express permission from us and/or our licensors.

You understand and acknowledge that no license is granted to you in respect of such intellectual property rights. Any infringement or attempted infringement of such intellectual property rights shall be pursued legally.

You must not use our brands, designs, logos or copyright material or make any representations that you are affiliated to us.

 

General

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership, joint venture, collaboration or affiliation between the parties.

No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

If there is a conflict between any other provisions contained in these Terms and Conditions and this Section 11, the provisions of this Section 11 shall prevail in respect of a Trade Account.