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Terms & Conditions

 

Please read these terms and conditions carefully.

The web site contents, terms and conditions and all contracts formed between Brian Fishers & Sons Ltd and users shall be governed by, and construed in accordance with English Law.

The Terms and Conditions do not affect your statutory consumer rights.

  1. By ordering through our online ordering system, emailing, faxing or phoning your order to us you are offering to buy the goods at the price stated subject to our Terms and Conditions.
  2. All prices quoted exclude VAT at the current rate ruling.
  3. We have the right to refuse to supply any goods you order.
  4. Goods are subject to availability.  We will not be liable for compensation or damages if we do not supply goods. We only source “perfect” quality direct from the relevant manufacturer. We cannot be held responsible for delays in production due to late arrival of fabrics which are your responsibility.
  5. A binding contract is formed only when you receive confirmation from us that your order is accepted. This we confirm this by email.
  6. We aim to deliver within the timescales stated although at times delivery may be subject to conditions outside our control. All delivery times are approximate and we will not be held liable for any compensation or damages as a result.
  7. If we are unable to deliver within our normal delivery time we will contact you immediately. If we are unable to furnish a new date we will give you the option of a full refund. In the unlikely event of you receiving faulty goods, we will replace the goods immediately, free of charge. Please check your delivery carefully for external damage upon receipt. In the unlikely event of you receiving faulty goods you must contact us within 5 working days in writing EMAIL. We are not able to accept returns for any items that have been made to measure. This does not affect your statutory rights.
  8. Please check goods for colour, condition, and accuracy and in order to ensure they are the goods you ordered. Once goods have been cut, treated, made-up, installed or damaged in any way they cannot be returned for credit under any circumstances. We do not accept back goods that are “perfect” and of mechanisable quality. Should you discover that you have ordered the wrong product, we reserve the right to charge a restocking fee of min 25%, additional shipping charges and an administration fee of £35.00. Goods can only be returned to us after verbal AND written  confirmation of the agreement either by fax, email or letter.
  9. You will only own the goods once full payment has been made. You will be responsible for the goods once delivery has been made or delayed by you for what ever reason.
  10. Every care has been taken in the preparation of the contents of this web site. However, as far as is permitted by applicable law, we disclaim all warranties, express or implied as to the accuracy of information contained herein.
  11. Images displayed on the website as for “illustrative purposes” only and in a number of cases have been supplied by the fabric manufacturers.
  12. Whilst every effort is made to minimise variation in design repeats, this can vary by up to +/- 5%.
  13. Fabrics need to comply with the Furniture and Furnishing (Fire) (Safety) regulation 1988 if they are to be used for upholstery. This will be detailed in the ‘Fabric Description’. Treatment is available at additional cost, but customers are advised that flame retarding can affect the finish, handle and occasionally the colour of fabrics.
  14. Brian Fishers & Sons Ltd cannot be held responsible for any results where fabrics are treated after purchasing by spraying or processing of any kind, including flame retarding or stain repellent or other similar treatments. No liability will be accepted for changes in appearance, performance or any other defects as a result of any such treatments.
  15. Glazed chintz ranges have been specially treated to give a glazed finish. If these designs are further processed chemically, and then the glaze will be affected.
  16. Textile materials do shrink. A shrinkage tolerance of up to 5% should be allowed when measuring curtains and soft furnishings
  17. Copyright: Imagery, keyword theft or meta-coding theft are  covered by copyright. Action will be taken against anyone carrying out an infringement of copyright.
  18. We will not accept any responsibility for any web site not under our control, which may act as a portal for our site, or be connected by hypertext links from our site.
  19. If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable then that provision shall not affect the validity and enforceability of the remaining terms and condition.
  20. Any dispute not resolved by the normal complaints procedure will be resolved exclusively in the courts of England and Wales under English Law
  21. These Terms and Conditions are subject to change at any time without prior notice to you.

Data Protection Act 1998 and Privacy

  1. If you decide to purchase from us, we will need to take some of your personal information in order to process your order.  This includes name, billing and delivery address and contact details. Applications for credit accounts will be credit checked for after application. We have the right to refuse any application.
  2. We will only use this information to be able to serve you better and will not be passing any of your personal information onto third parties for marketing or other use.
  3. We may use technology to track the patterns of behaviour of visitors to our site to improve your experience during a visit to our site. This includes using a "cookie" which is stored on your browser software. If you do not want the convenience benefits that a ”cookie” offers, you can switch off this function using the security settings of your browser.
  4. If you prefer to make an order over the phone instead of via the internet, you can call us on 01379 853 052 and one of our Customer Care staff can help you through the ordering process. However, personal information will still be requested and will be stored temporarily for us to be able to fulfil your order requirements.