Trade Terms & Conditions

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 [email protected] 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. 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.

9. 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.

10. 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.

By opening a trade account you consent to receiving relevant email communications from us.

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.

 

  1. About Us
    1. Company details. Warner (1870) Limited (company number 12024016) (we and us) is a company registered in England and Wales and our registered office is at Unit B4, Stuart Road, Altrincham Business Park, Altrincham, WA14 5GJ. Our VAT number is GB327034133. We operate the website www.warner-house.com (Website).
    2. Contacting us. To contact us telephone our customer service team at 01625 322610 or email [email protected].
  2. Our Contract With You
    1. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
    2. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
  3. Placing An Order And Its Acceptance
    1. Please follow the onscreen prompts on our Website to place an order. Each order is an offer by you to buy the goods specified in the order (Products) subject to these Terms. By placing an order, you agree to these Terms.
    2. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate (including but not limited to any required measurements, dimensions and access in respect of delivery).
    3. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
    4. Our acceptance of your order takes place when we send you your order confirmation by email, at which point the Contract between you and us will come into existence.
    5. If we are unable to supply you with the Products for any reason (including but not limited to the relevant Products being out of stock and inability to obtain payment from you) we will inform you of this by email and we will not process and/or accept your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
  4. Our Products
    1. The images of the Products on our site are for illustrative purposes only and we would recommend that you order a sample to get an accurate reflection of the colour. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. The colour of your Products may vary slightly from those images.
    2. We use all endeavours to ensure that imagery on our Website and available samples reflect as accurately as possible the final Product. Although we have made every effort to be as accurate as possible because our Products involve bespoke materials with natural and unique characteristics, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 3% tolerance.
    3. The packaging of your Products may vary from that shown on images on our site.
    4. We reserve the right to amend the specification of the Products if required by any applicable statutory or regulatory requirement.
  5. Delivery, Transfer Of Risk And Title
    1. An estimate delivery timeframe for each of our products is given on the individual product pages on our website. Further delivery information can be found here. Once the Products have been dispatched, you will receive an email from us or our nominated courier enclosing a tracking link and number in order for you to track your delivery. Such delivery timeframes are provided as estimate only and cannot be relied upon as the guaranteed date of delivery occasionally our delivery to you may be affected by an Event Outside our Control. See clause 13 for our responsibilities when this happens.
    2. Notwithstanding the above clause 5.1, any such Product(s) made to order (including but not limited to curtains, blinds and furniture) will be subject to longer lead times. We will send you contact you by email confirming that the Product(s) are in production and despatch information.
    3. You shall ensure that there is sufficient and safe access for delivery of the Products (including furniture products, in particular) at the delivery address. We will not be liable for any failure to provide safe and sufficient access to complete delivery.  
    4. Delivery is complete once the Products have been unloaded at the address for delivery set out in your order and the Products will be at your risk from that time. All Products will require signature upon delivery. 
    5. It is your responsibility to make sure that an authorised representative or person is present at the delivery address, at the time of delivery, to sign our courier’s delivery note for the Products. We will not be liable whatsoever if an unauthorised representative or person, at the delivery address, takes and signs for the delivery. The courier’s confirmation that delivery has taken place will be binding. If you have any delivery preferences you must inform us, or the courier, in advance of delivery. 
    6. Title to the Products will pass to you once we have received payment in full, including all applicable delivery charges.
    7. For made-to-measure, bespoke and larger products such as furniture, we will contact you to arrange delivery once your order is ready to be shipped. Please note that we cannot always offer your preferred delivery slot as this is dependent on the courier availability.
    8. If we fail to deliver the Products, our liability is limited to the cost of obtaining replacement products of a similar description and quality in the cheapest market available, less the price of the products. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the products.
    9. If you fail to take delivery within 14  days after the day on which we notified you that the Products were ready for delivery, and/or we attempt delivery on a second occasion and do not hear from you, we may cancel your order and resell part of, or all the Products. Unless the Product(s) ordered are bespoke (for which any form of refund will not be applicable),we shall repay you the price you paid for the Products after deducting reasonable storage, insurance and selling costs and any shortfall between the resale price and the price you paid for the Products. We have the right to recover any shortfall in the event that the resale price is lower than the price you paid for the Products.
  6. International Delivery
    1. We deliver to mainland UK and, depending on the availability of our courier’s service, we may deliver outside of mainland UK. Please see our Delivery page for more information for international delivery.
    2. You shall be responsible for all duty, tax and delivery costs associated with delivery outside mainland UK, unless otherwise expressly provided by us. 6.2 You shall be responsible for all duty, tax and delivery costs associated with delivery outside mainland UK, unless otherwise expressly provided by us. 
    3. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
  7. Price Of Products And Delivery Charges
    1. The prices of the Products will be as quoted on our Website at the time you submit your order. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, please see clause 7.5 for what happens if we discover an error in the price of Products you ordered.
    2. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
    3. The price of Products includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
    4. The price of the Products does not include delivery charges, which may be payable by you depending on the value of your order and your delivery location. Our delivery charges (if applicable) are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery page. The total cost of your order will be set out on the checkout page of the Website.
    5. We sell many Products through our Website. It is always possible that, despite our best efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Products and refund you any sums you have paid.
  8. Payment
    1. You can pay for the Products using all major debit card and credit cards, by bank transfer or via PayPal.
    2. You may pay for the Products and all applicable delivery charges in advance, and in this case we will take payment from you at the point in which you submit your order.
    3. In exceptional circumstances, and at our absolute discretion, we may agree credit terms with you. In such circumstances, if you fail to pay us on the applicable and agreed due date you will pay interest on the overdue invoice from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 8.3 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%. 
  9. Guarantee
    1. Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
    2. In the case of our furniture Products, the frame construction (including the springs) are guaranteed for standard domestic use for five years from the date of delivery, provided always that such care guides and information is complied with. This guarantee shall exclude: 
      1. normal wear and tear;
      2. neglect; 
      3. abuse or misuse of the items; 
      4. loss or damage by fire, smoke, explosion, lighting, infestation by animals;
      5. theft; and
      6. accidental damage caused by you or any third party.
  10. Our Warranty For The Products
    1. The Products are intended for use only in the UK. We do not warrant that the Products comply with the laws, regulations or standards outside the UK. You acknowledge that, due to the nature of our Products, there may be minor defects inherent in the Products we sell. If you have any particular specifications in respect of the Products, you must inform us on or before placing your order.
    2. We provide a warranty that on delivery the Products shall be free from material defects in design, material and workmanship.
    3. Subject to clause 10.4, if:
      1. you give us notice in writing  after inspection of the Products and in any event within 5 days of delivery that some or all of the Products do not comply with the warranty set out in clause 10.2;
      2. we are given a reasonable opportunity of examining the Products; and
      3. if we ask you to do so, you return the Products to us at your cost, we will, at our option, repair or replace the defective Products, or refund the price of the defective Products in full.
    4. We will not be liable for breach of the warranty set out in clause 10.2 if:
      1. you make any further use of the Products after giving notice to us under clause 10.3;
      2. the defect arises as a result of us following any drawing, incorrect measurements, design or specification supplied by you;
      3. you alter or repair the Products without our written consent;
      4. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
      5. the Products differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
    5. We will only be liable to you for the Products' failure to comply with the warranty set out in clause 10.2 to the extent set out in this clause 10.
    6. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
    7. These Terms also apply to any repaired or replacement Products supplied by us to you.
  11. Our Liability: Your Attention Is Particularly Drawn To This Clause
    1. References to liability in this clause 11 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
    2. Nothing in these Terms limits or excludes our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
      4. any other liability that cannot be limited or excluded by law.
    3. Subject to clause 11.2, we will under no circumstances be liable to you for:
      1. any loss of profits, sales, business, or revenue;
      2. loss of business opportunity;
      3. loss of anticipated savings; 
      4. loss of goodwill; or
      5. any indirect or consequential loss.
    4. Subject to clause 11.2 and 11.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the total amount paid by you for the Products.
  12. Termination
    1. Without limiting any of our other rights, we may suspend the supply or delivery of the Products to you, or terminate the Contract with immediate effect by giving written notice to you if:
      1. you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
      2. you fail to pay any amount due under the Contract on the due date for payment;
      3. you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
      4. your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
    2. Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
    3. 12.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
  13. Events Outside Of Our Control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
    3. You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
  14. Communication Between Us
    1. When we refer to "in writing" in these Terms, this includes email.
    2. Any notice given under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.
    3. A notice is deemed to have been received:
      1. if delivered by hand, at the time the notice is left at the proper address;
      2. if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
      3. if sent by email, at 9.00 am the next working day after transmission.
    4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
    5. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
  15. Data Protection And Privacy
    1. We will comply will all applicable data protection laws when processing any personal data in order to fulfil our obligations under this Contract. To find out more information about how we collect, process and store you personal data, please refer to our Privacy Policy and Cookies Policy.
  16. Genral
    1. Assignment And Transfer
      1. We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this Website if this happens.
      2. 16.1.2 You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
    2. Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
    3. Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
    4. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
    6. Governing law and jurisdiction. The Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
  17. Trade Account
    1. 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.
    2. 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.
    3. 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.
    4. 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 17, the provisions of this Section 17 shall prevail in respect of a Trade Account.

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