Epic Finds Terms & Conditions; These terms & conditions (the “Terms”) set out:
1. the basis on which you can visit and use our website at www.epicfinds.co.uk (the “Website”); and
2. the terms and conditions which apply to your purchase of furniture, accessories and other goods (“Goods”) from Epic Finds.
You should read these Terms carefully as they contain important information.
The Website and Goods are provided by Epic Finds, Units 2&5 Manchester House, Church Street East, Pinxton, Nottinghamshire, NG16 6HT, (“we”, “us”, “our”, “Epic Finds”). When we refer to “you” and “your” we mean the user of the Website, the purchaser of Goods (whether or not the purchase transaction is completed) and the competition entrant, as relevant to the context. The Terms contain the following sections.
Part 1 - Epic Finds Website Terms & Conditions of use / Part 2 - Epic Finds Terms & Conditions of Sale / Part 3 - General Terms Relating to Our Relationship With You.
We reserve the right to amend these Terms from time to time without notice. Any such change in Terms will be effective to all new orders once included in the text of these Terms and published on the Website. You should check the Terms posted on the Website periodically to ensure that you are aware of and comply with the current version.
Interpretation; The definitions and rules of interpretation set out below apply to these Terms.
“Business Day” means a day (other than a Saturday or a Sunday) on which banks are open in London.
“Shop” means our Factory Unit, Epic Finds, Units 2&5 Manchester House, Church Street East, Pinxton, Nottinghamshire, NG16 6HT.
“UK Mainland” means those parts of England, Scotland and Wales that are accessible from NG16 6HT without crossing water.
The use of the word ‘including’, the phrase ‘in particular’, and equivalent expressions is only intended to illustrate particular examples.
Their use, and the use of such examples, is not intended to limit in any way whatsoever the interpretation or construction of these Terms or any other words in these Terms.
A party’s obligation not to do something includes an obligation not to permit it or authorise it.
A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
Words in the singular include the plural and in the plural include the singular.
Condition headings do not affect the interpretation of these Terms.
Any obligation to notify Epic Finds should be undertaken as soon as possible, by phoning us (01773 688 220) and quoting your Name, Address and Post Code and Order Reference Number, subsequently by confirming your communication in writing by email to email@example.com, or alternatively by post to: Epic Finds, Units 2&5 Manchester House, Church Street East, Pinxton, Nottinghamshire, NG16 6HT.
Timber is a natural material, We can not and will not be held responsible for any natural movement or change in colour once your items have been delivered/ collected. Timber will have natural defects i.e. splits, knots, groves ect and these are by no way detrimental to the product supplied by us.
Please keep all timber products away from heat sources such as Radiators, Sunlight, Fires ect.
We ask you place your items in the room you wish them to be and climatize them slowly.
Part 1 – Epic Finds Website Terms & Conditions of Use; This ‘Part 1 – Epic Finds Website Terms and Conditions of Use’ and ‘Part 3 – General Terms Relating to Our Relationship With You’ (collectively the “Website Terms”) together form a legally binding contract between us and you. Your acceptance of the Website Terms is given when you use the Website.
1.1. We provide the materials contained on the Website as a service to our customers and prospective customers. By accessing the Website and any of its pages, you indicate your acknowledgement and acceptance of the Website Terms as set forth herein without limitation or qualification.
1.2. The Website uses and contains copyright material, trade names and marks and other proprietary information, including but not limited to text, images, photos and graphics, software, databases, videos, music and sound (“Content”). The Content is protected by intellectual property law including, but not limited to copyright law, registered and unregistered trademarks, database rights and other intellectual property rights. Epic Finds, its licensors or authorised contributors own the copyright, database right and other intellectual property rights in the selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to it. All such intellectual property will remain the property of Epic Finds or any relevant third party as the case may be.
1.3. You may not modify, publish, print, copy, download, reproduce, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content in whole or in part except as provided in these Website Terms.
1.4. You may download information from the Website for your own personal, non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission or that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material. The information and materials contained on the Website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, printed, posted, reproduced, used, sold, transmitted, used to create a derivative work or otherwise used for commercial or public purposes without our prior written consent.
1.5. The Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Certain images and information on the Website are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.
1.6. The material on this Website is not intended for children under 18 years of age.
1.7. You agree to use the Website for lawful purposes only and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by, any other party.
1.8. We do not warrant or represent that use of materials displayed on the Website will not infringe rights of third parties.
1.9. We endeavour to maintain the accuracy of the Website but no warranties or representations are given as to the accuracy, correctness or reliability of the Website or otherwise. We have taken every care in the preparation of the content of the Website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. We make every effort to display the colour of the products as accurately as possible, but as colour reproduction depends on your computer’s monitor we cannot guarantee that your monitor’s display of the colour is accurate to the actual product. To help ensure that you purchase the product of your choice we will endeavour to send out a sample swatch of your chosen colour upon request.
1.10. We make every effort to ensure that the Website is free from defects or viruses. However, due to the nature of the internet we cannot guarantee that your use of the Website won’t affect your computer. In no event shall we or any other person involved in the creation, production or delivery of the Website be liable for any punitive, special, direct, indirect, exemplary, incidental or consequential damages or any damages whatsoever, including but not limited to loss of use, data or profits, or disruption or damage to your computer or other equipment without regard to the form of any action, including but not limited to contract and tort actions (including libel), arising out of or in connection with the access, use, browsing, copying or display of, or the interaction, or any other form of communication with the Website and the information contained on the Website (including via computer viruses or any other form of software).
1.11. Some of the websites listed as links herein are not under our control, but rather are exclusively controlled by third parties. Accordingly, we make no representations whatsoever concerning such websites. Although we may provide a link to a third party, such a link is not an authorisation, endorsement, sponsorship or affiliation by us with respect to such website, its owners or its providers. We are providing these links only as a convenience to you. We have not tested any information, products or software found on such websites and therefore cannot make any representations whatsoever with respect thereto. It is up to you to take precautions to ensure that whatever you select is free of such items as viruses, worms, trojan horses and other items of a destructive nature. In no event will we be liable to any party for any direct, indirect, special or other consequential damages for any use of the Website, or on any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programmes or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
1.12. We reserve the right to change the Website from time to time without notice.
Part 2 – Epic Finds Terms & Conditions of Sale; This ‘Part 2 – Epic Finds Terms and Conditions of Sale’ and ‘Part 3 – General Terms Relating to Our Relationship With You’ (collectively the “Terms of Sale”) together form a legally binding contract between us and you. Your acceptance of these Terms of Sale is given when you place your Order, whether via the Website, by telephone, in person or by any other means. Your Order goes into process as soon as the Sales Order Acknowledgement has been completed, and whether your Goods are an Epic Finds specification or a Custom Made Order, the process of allocating or ordering materials to create your Goods begins immediately. We ask you to choose carefully, match your colours where necessary and measure any areas you think may be a problem prior to placing your Order.
1. The following definitions apply to these Terms of Sale:
1.1. Bespoke/Custom Made Order: any Goods which are manufactured or modified by us, or on our behalf, pursuant to your specifications or
requirements (N.B. this excludes any standard options offered within our product portfolio)
1.2. Order: your offer to purchase Goods from us.
1.3. Sales Order Acknowledgement (“SOA”): Our acknowledgement that your Order has been received (detailing the Order number, details of the Goods ordered.
2. Basis of Sale
2.1. We shall sell and you shall purchase the Goods in line with any SOA.
2.2. Errors, including but not limited to typographical, clerical or other error or omission in any sales or marketing literature, quotation, price list, SOA, invoice or other document or information issued by us shall be subject to correction at our discretion without any liability on our part. This includes but is not limited to errors in the calculation of a discounted price. We shall have the right without any liability whatsoever to refuse or cancel any Order or SOA that states an incorrect price. We shall have the right to refuse or cancel any such Order whether or not the Order has been confirmed and you have paid in part or in full. If a payment has already been made for a cancelled Order then we shall issue a refund of the amount paid.
2.3. All advice or recommendation provided by us or our employees as to the care, maintenance or use of the Goods which is not confirmed in writing by Epic Finds is followed or acted upon entirely at your own risk. Consequently, we will not be liable for any such unconfirmed advice or recommendation.
3. Orders and Specifications
3.1. All items displayed or promoted as being available for sale are subject to availability.
3.2. Responsibility lies exclusively with you for ensuring the accuracy of the details of any SOA (including but not limited to your contact details, description and quantity of Goods) and for giving us any necessary information within a sufficient time to enable us to successfully deliver the Goods to you.
3.3. All drawings, descriptions, illustrations, samples, weights and dimensions provided whether on the Website, in the Shop or on other marketing materials are approximate and intended for general guidance purposes only and their accuracy canot be warranted by Epic Finds. Photographs are for illustrative purpose only, and may not exactly match the product itself. We reserve the right to alter sizes, specifications and to make any changes to the design specification of our products without prior notice.
3.4. All materials are sold subject to natural variations in colour, markings and texture.
3.5. Custom Made Orders/Bespoke : All Custom Made Orders must be specified in writing and are subject to our express acceptance. Furthermore, you shall, with respect to Custom Made Orders produced according to your specifications, defend us at your expense and pay all costs and damages of any kind (including our legal fees) incurred by us as the result of any suit or other legal proceeding against us for infringement of any patent, trademarks, copyrights, or other rights by reason of use of such specification, provided we promptly notify you of such claim of, or suit for, infringement and tender the defence thereof to you. Additionally, at our option, we may be separately represented in any such suit at our own expense.
4. Price of Goods
4.1. The price as stated on the SOA is the set price for the Goods. Any product prices shown on the Website and in the Factory Unit are UK retail prices inclusive of VAT. They do not include any delivery charges. Any discounts or special offers displayed will only be applicable for orders placed at the time of such display.
5.1. All payments are non-refundable as all our products are hand made to order.
5.2. A minimum 50% deposit is required upon Order, with the balance payable by 1 week prior to delivery.
6.1. All items are Made to Order and delivery is approximately 10-12 weeks from receipt of payment *unless otherwise advised in writing, Bespoke items are normally upto 16 weeks however in some cases they will take longer.
6.2. The product prices displayed do not include delivery. The delivery charges can be viewed on the Website.
6.3. The delivery charge shown is applicable for furniture and for ‘furniture plus accessories’. Accessory-only orders can be subject to smaller delivery charges if we are able to dispatch via a third party carrier, unless they are excessive in size and thus will be treated as ‘furniture’.
6.4. Your furniture will be delivered by one of our own friendly, courteous delivery staff. However, smaller, manageable items may be dispatched via a third party carrier and, if this is the case, we will notify you of such in advance – these deliveries will require a signature on delivery and if no one is available to accept the delivery then the collection of said delivery will be at your expense.
6.5 Delivery charges do not include installation. Where required, i.e. assembly of your new Epic Finds furniture ‘in situ’, a fitting charge will be levied. Installation does not include the mounting of mirrors or pictures on a wall. Where it is agreed that we shall install the Goods, then we will do so as soon as practicable after delivery, and usually at the same time as delivery. We will not be liable for any loss or damage suffered by you as a result of us installing the Goods or in the event of any delay in installing the Goods. For the avoidance of doubt this includes, but is not limited to, any loss of earnings through a cancelled, failed or otherwise unsuccessful scheduled delivery arrangement.
6.6. You are responsible for ensuring that the access to the area and the area itself for the Goods to be installed is clean and clear of obstruction prior to our arrival. We are not responsible for moving any existing furniture or any other objects. We will not take any unwanted furniture or other objects away for disposal.
6.7 Delivery of the Goods occurs when we have delivered the Goods to the delivery address as stated on the SOA.
6.8 We will use reasonable endeavours to complete delivery on or before any delivery dates we have estimated at the time of placing the Order. If no dates are so specified, delivery shall be within a reasonable time. Any dates that we specify for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. We shall not be liable for any delay in delivery of the Goods howsoever caused. We will not be obliged to offer any compensation for disappointment suffered. If you cancel delivery of your Order within 3 Business Days of a scheduled delivery (whether original or revised) then a £75 charge will apply. Upon giving reasonable notice to you, we may deliver the Goods in advance of the stated delivery date.
6.9 You shall accept a mutually pre-arranged delivery time/date and you are responsible for ensuring that (i) you provide adequate delivery instructions, and (ii) appropriate access is available to the delivery team and their vehicle, and (iii) you, or a responsible adult on your behalf, are present to accept the delivery. If you are the cause of a failed delivery attempt, either due to failure on your responsibilities above or for any other reason whatsoever, then we reserve the rights to:
6.9.1 charge you for the unsuccessful delivery attempt and;
6.9.2. charge you for the costs (including insurance) of storing the Goods until actual delivery and;
6.9.3. charge you for a redelivery, if applicable.
6.10. If you wish to change the delivery date once it is agreed then please give us no less than 3 Business Days notice prior to delivery. Notice within 3 Business Days of a pre-arranged delivery time/date will incur a rescheduling charge of £75. The new delivery date can be from 2 to 6 weeks unless an earlier booking date is available.
6.11. Responsibility for inspecting the Goods rests solely with you. You shall examine the Goods upon delivery and shall promptly (in any event within 14 days of delivery) notify us of any apparent damage, defect or shortages.
6.12. Your failure to notify us within 14 days will result in you being deemed to have accepted them. After acceptance, you shall not be entitled to reject Goods which are not in accordance with the SOA. There are no circumstances in which you can reject the Goods on the basis of defects or failures which are so slight, that your rejection would be unreasonable.
7.1. All items that are Made to Order/Bespoke then no refunds or exchanges can be given unless there is a manufacturing defect. Any faults/exchanges must be Notified in Writing and pictures provided showing any faults, Failure to provide pictures of the faults may result in no action being taken. You must endeavour to return the Goods for a refund of any item and for Exchanges of Goods Please note that a 12 week Delivery timescale may apply or when we are next in your area (please be aware that this may require you to store the returning Goods safely, unused and undamaged for a reasonable period of time).
7.2. You, as the buyer, have a duty of care for the product whilst it is in your possession. You must make the Goods available for collection of notifying us. Or You must return the Goods. You are the owner of the Goods once delivered to you and you are liable for any loss or damage. Failure to take reasonable care may result in a claim against you. To minimise the risk of any such claim we ask that you cover the Goods to protect from any damage, retain the original packing where applicable and use this when returning the Goods.
*For hygiene reasons mattresses cannot be returned if unwrapped, unless faulty.
7.3. If you wish to exchange an item a collection and or delivery charge will apply. Your original delivery charge will not be refunded. In the event that you collected the original Goods but require collection/delivery for the exchange then a delivery charge will apply. Delivery/collection charges will apply for subsequent returns and exchanges.
7.4. If you wish to add Goods to an existing Order then Epic Finds will use reasonable endeavours to fulfil your request and extra delivery charges will not apply* where:
a. the supply of such additional Goods can be included within a delivery for the original Order, whether scheduled or not, without causing any delay or complications (at our own discretion). In this case a subsequent return or exchange of such additional Goods shall be treated as a return or exchange of Goods within the original Order.
b. such additional Goods can be included within a collection or exchange visit for the original Order, whether scheduled or not, without causing any delay or complications (at our own discretion). In this case any subsequent return or exchange of such additional Goods shall incur a collection charge (equal to a new order delivery charge).