Terms & Conditions

 

 

1 definitions

1. In these terms and conditions, the words and expressions below have the following meanings:
2. "Conditions" means these terms and conditions.
3. “Website” means the ‘The Design Yard’ website, www.thedesignyard.co.uk.
4. “Product(s)” means any product(s) sold on ‘The Design Yard’ website, including suppliers and product(s) under the ‘The Design Yard’ name.
5. “Upholstery” means Products that are upholstered in fabric, such as sofas, chairs and footstools.
6. “Furniture” means any furniture sold on the ‘The Design Yard’ website, including suppliers,‘ The Design Yard’ etc. sofas, chairs, armchairs, chaise lounges and any other seating, ottomans, footstools, screens, tables, storage units.
7. “Fabric” means any fabric sold on the ‘The Design Yard’ website, including suppliers, and own brand ‘The Design Yard’ fabrics that are sold by the metre.
8. “We”, “us” and “our” means The Design Yard (website name) or RSS Commercial Ltd (registered company name)
9. “You” and “your” means the customer.

2 orders

1. Your order becomes binding as soon as we have confirmed it. All orders are subject to availability.
2. We rely on the accuracy of the information you provide. Subsequently, please provide accurate and complete measurements/specifications for orders of made-to-measure Upholstery and made-to-order Furniture & correct, colour or fabric choice and delivery address and contact details.
3. You are responsible for checking and confirming you are satisfied that all details and aspects of your order are correct and suitable for your requirements and specifications, including without limitation measurements, dimensions, product features, access and delivery.
4. We reserve the right to refuse to supply any individual or company.

3 basis of sale

1. All orders that you place on the Website will be subject to acceptance in accordance with these terms and conditions.
2. The following is required to create an arrangement between you and us:
3. Please follow the on-screen instructions taking you through the process of placing an order on the website. By pressing "Complete Order" on the "Checkout” page, you offer to buy the goods at the prices indicated and pay any applicable delivery charges.
4. An email will be sent to you illustrating the Products you have ordered. Please note that this email is just an acknowledgement of your order and not a confirmation of your order by The Design Yard.
5. Once we have accepted your order it becomes binding, subject to your rights of cancellation. We may not accept your order if the following happens: the ordered Product is out of stock or unavailable; we identify a pricing or product description error; we are unable to obtain approval for your payment; or if we consider the order to be fraudulent. We may refuse an order to process a transaction for any reason or refuse to be of service to anyone at any time at our sole discretion.
6. To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must: be over 18 years of age; register by providing your real name, phone number, email address, payment details and other requested information; provide a valid delivery address (please note that PO box numbers, hotels and temporary accommodation addresses are not acceptable); and pay using a valid credit or debit card issued by a bank acceptable to us.
7. We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any details or content on this Website. We will not be liable to you or any third party by reason of: our withdrawing any Product from this Website regardless of whether or not that Product has been sold; removing or editing any details or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
8. We will not be liable for any direct or indirect loss of profits or any other financial loss or damage arising out of defective, damaged, or wrongly delivered goods, over and above the value of the goods themselves.

4 prices

1. All prices include VAT and exclude delivery charges, unless otherwise stated.
2. Delivery charges are added at checkout.  The prices may vary depending on which supplier the product is sourced from, if your order reaches over  or under a specific total amount, if you choose alternative delivery options such as next day delivery or if a delivery offer is applied.
3. All prices are correct at the time of writing but may change due to inadvertent administrative errors or circumstances beyond our control, such as any variations to the rate of VAT or due an increase in supplier prices.
4. The Design Yard will not be able to process VAT refunds for any customers.

5 payment methods

1. You may pay using Visa, MasterCard, American Express and PayPal. You confirm that the credit or debit card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or in your order or non-delivery or your order. There are no additional charges for using credit or debit cards. The total amount you pay is the same regardless of the payment method.

6 delivery

1. Home furnishings and made-to-measure products can be shipped everywhere in the UK. Products may be dispatched separately.
2. Products made-to-order / bespoke: it is the customer’s responsibility to ensure that the Upholstery and Furniture will fit into the home and that there is sufficient access for our delivery vehicle to reach the delivery address. Additional charges may apply in certain circumstances.
3. Arranging and Completing:
1. Once your furniture order is ready, we will call you to arrange a delivery date (which may only be on one allotted day each week in your delivery area due to courier availability). We are unable to agree on specific delivery times and dates requested.
2. Approximately two days before the agreed delivery date we will try to call, leave a voicemail message or send a text to confirm the agreed delivery date and estimated time of our arrival. A courier will deliver to your location of choice, provided there is expansive and safe access. Please assist us by clearing pathways and removing fragile items in advance of delivery.
3. Products must be carefully checked at time of delivery and signed for by an adult 18 or over. Any defect or damage must be reported to us immediately.
4. The Design Yard / RSS Commercial Ltd. will not be liable for the delay in installation caused by late or failed delivery of your items. The delivery lead time quoted in your order confirmation is an approximation only and can not be guaranteed due to stock availability and delays in making the item.

7 risk of damage in transit and property

1. We carry the risk of loss or damage to the Products until you receive them. The Products will belong to you once you have received them and paid us in full. Until payment has been made in full, we may ask you to return the Products to us at any time. If you return the Products to us for any reason, they will become our property and be at our risk from the time we receive them.

8 returns and cancellations

1. We are unable to accept returns on items that are bespoke, personalised or made to order. This includes wallpaper (which is printed to order), fabric (which will have been cut specifically to your requirements) and all furniture (as these pieces are created specially for you).
2. When returning Products, please email returns@thedesignyard.co.uk for your returns AUTHORISATION CODE. please send them to us using one of the methods detailed below, including your proof of purchase (a receipt or dispatch note) and your personal authorisation code.
3. all returns must have an Authorisation code on the package example AUTH CODE: 654321. Returns will not be accepted if this code is not visible on the package.
4. We ask that you take reasonable care when handling the Products and return them unopened, unused and in their original packaging where possible.
5. Once Products have been delivered, you may return them within 14 days of receipt of delivery by the following methods.

1. By Post or Courier:
1. You may return any Products to us through post at your own cost and risk.
2. Please note that we are not liable for any loss or damage to any returned Products in transit and as such, we recommend that you return any Products through a recorded delivery service.
3. Please package the Products properly and securely together to ensure that the Products are not damaged in transit.
4. If returned Products are lost or damaged in transit, we reserve the right to charge you for or refund you such loss or damage.
5. If you prefer to return the Products by ordinary post, please return to: The Design Yard / RSS Commercial Ltd Ltd, Unit E, Tingewick Road Industrial Estate, MK18 1SU. Please obtain a certificate of posting and tracking information from your chosen delivery service as proof of postage.
2. Fabric:
1. If you need to amend or cancel your Fabric order, you may only do so by contacting us up to 24 hours after you have placed your order.
2. After 24 hours, we reserve the right to charge you for any costs we may incur in relation to your amended or cancelled order.
3. Defective Products:
1. On delivery, please check the Products carefully for any possible defects. For Furniture orders you will be asked to sign a delivery note that confirms you are happy with the condition of your order.
2. If you believe that any of our Products may be defective or of unsatisfactory quality, please notify us on 07553229227 or through email: askus@thedesignyard.co.uk at your earliest convenience. We will need to investigate your claim before we are able to process a return for the damaged goods, so please refrain from carrying out any DIY corrections prior to our inspection. Please note that The Design Yard may not be liable if this request is not adhered to.
3. We ask that you take reasonable care of the Products while your claim is being investigated. Please do not return any Products which you believe may be defective before contacting us.
4. If the Products are confirmed defective or not as expected upon description of product, we will reimburse you for reasonable return postage costs.
5. If all Products confirmed defective constitute the entire order or if all Products were faulty or damaged, the original delivery charge will be reimbursed.
6. The term “defective products” 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.

9 product colours and features

1. Every effort is made to ensure that the Products we supply correspond as closely as possible to the samples displayed online, but there may be variations because natural materials have unique characteristics and are printed and made to order so die batches can vary in colour. No responsibility can be accepted for these variations, which all add to the uniqueness of our Products, including but not limited to the following:
2. Our wallpaper is printed to order, so there may be slight colour variations from batch to batch. Therefore, we recommend ordering all the rolls you’ll need in one go – to work out how many that will be, please use an online wallpaper calculator, one you can use is linked here Omni Wallpaper Calculator or contact our sales team for assistance askus@thedesignyard.co.uk. Please note that our Fabric can also vary in colour between batches.
3. There is a 3% allowance on fabric alignment.
4. All measurements are approximate. Please allow +/- 2 cm variance on sizes stated.
5. Much of our Furniture is individually hand-finished and there may be differences between batches. These will be more apparent if orders are placed at different times.
6. As part of the design, some Furniture and Upholstery is hand-finished to appear distressed. This will vary between Products and is not a defect.
7. We reserve the right to make any change to the internal specifications of our Products or minor external changes where necessary.

10 furniture and fabric

1. Many of our Fabrics feature natural characteristics (such as slubs, creasing or pile shading) which make them wonderfully unique and beautiful. Please take the time to understand these characteristics so that you can select a Fabric that is suitable for you.
2. We make every effort to display the colours of Products shown on the Website as accurately as possible. However, due to variations in monitors, we cannot guarantee that your display of colour will be accurate. We recommend ordering a sample of the wallpaper and/or Fabric colour you’re interested in to ensure complete satisfaction.  Order samples by emailing us the samples you require to askus@thedesignyard.co.uk.
3. As all upholstery or fabric can be affected by light and heat from the sun, we recommend that it is positioned away from direct sunlight to protect it from fading and premature ageing.
4. Wood grain: Our Products are designed to highlight the natural beauty of wood and will often show interesting features such as knots, grain shading and medullary rays where wood is cut across the grain. These will often vary so that no two Products are the same and yours is truly unique.
5. Light and heat: All furniture can be affected by light and this can alter its colour over time. We recommend that it is positioned away from direct sunlight and heat to help maintain its colour for longer.
6. Wood grain: Our Products are designed to highlight the natural beauty of wood and will often show interesting features such as knots, grain shading and medullary rays where wood is cut across the grain. These will often vary so that no two Products are the same and yours is truly unique.
7. Light and heat: All furniture can be affected by light and this can alter its colour over time. We recommend that it is positioned away from direct sunlight and heat to help maintain its colour for longer.

11 made to order furniture guarantee

1. The frame construction and springs of all our Upholstery (excluding ex-display and seconds) are guaranteed for normal domestic upon our suppliers regulations. Please contact our sales team if you have any questions in connection with a guarantee or wish to request details of the guarantee.
2. 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.

 

12 product descriptions and website content

1. We will take extreme care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was uploaded onto the system. Although we aim to keep the Website as up-to-date as possible, the information shown at a particular time, including product descriptions, may not always reflect the positioning exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our order acceptance policy. Please note that in the event an error is identified, we may not accept your order subject to your statutory rights.
2. We will not be liable if, for any reason, our Website is unavailable at any time or for any period.
3. Cookies: We use cookies on our website. Cookies are pieces of information that a website transfers automatically to the user’s computer for record-keeping purposes. This allows us to monitor which areas of the Website are most popular and helps us to maintain and improve our services.
4. Newsletters: If you would like to unsubscribe from our newsletter, please email askus@thedesignyard.co.uk.

13 linked websites

1. Unless categorically provided, we make no action or speech on behalf of a person, group, business house, state, or the like by an agent, deputy, or representative whatsoever about any other websites which you may access through our Website or which may link to our Website. When you enter any other website, you understand that it is separate from us and that we have no control over the content or availability of that website. In addition, a link to another website does not mean that we endorse or accept any responsibility for the content or the use of such a website and shall not be liable for any loss, damage or offence caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding an external link should be directed to its website administrator or web master.

 

14 Scholarly Ownership

1. You observe and acknowledge that all copyright, database rights, trademarks and all other scholarly ownership rights in all components and/or content of this Website are owned by House of Jola Limited or our licensors and shall remain at all times inalienable in us or our licensors as specifically authorised by us or our licensors.
2. This Website is a scholarly website of The Design Yard / House of Jola Limited. The copyright and the database rights are owned by House of Jola Limited. The Website and all scholarly ownership rights (including but not limited to rights in the website as a database) in its text, design, graphics, and the selection, organisation and arrangement thereof, together with the House of Jola or The Design Yard trademark and all other trademarks, logos and trade names depicted on the Website, belong to The Design Yard / House of Jola Limited.

15 data protection and privacy

1. In addition to allowing us to check that you are certified to be able to process your orders, the personal data you submit and our records of your visits to the Website will be used to monitor and improve our service to you, as well as for marketing purposes. We may send you brochures, leaflets and catalogues displaying our products and services, and may telephone you in order to tell you of promotional offers, to discuss account details or to conduct market research.
2. We will respect the privacy of your personal data and will comply with all relevant and current data protection legislation. We will not disclose your personal data to anyone, unless required to do so by a court of competent jurisdiction.
3. If you wish to update or delete your personal information, or if you prefer that we do not email you to tell you of promotional offers, please contact our sales team askus@thedesignyard.co.uk
4. Please check back regularly to see any updates or changes to our privacy policy.
5. To proceed with your order, we need to process and store your data, and provide your data to third parties who are directly involved with your order e.g. our couriers or suppliers. By placing an order with us, you agree to your data being processed by The Design Yard & House of Jola Limited, its suppliers and it’s couriers. If you do not wish to receive information about The Design Yard Products and services, or do not wish us to pass your information to carefully selected companies whose products we believe may be of interest to you, please contact our sales team askus@thedesignyard.co.uk
6. This website is a Shopify Ltd website and so is fully secure and guarantees a safe and secure shopping environment. All sensitive information such as credit card details, names and addresses are encrypted. This means that information passed between your computer and our Website cannot be read, even in the event it is intercepted by someone else.

16 granting the design yard & house of jola use of your content

1. By granting The Design Yard / House of Jola Ltd the use of your content, you give us permission to reproduce, share, store and republish your image across our social media channels, online platforms (including email newsletters), print assets and third-party platforms with reference to your first name, surname and social media handles where appropriate. This permission is granted as a worldwide license in perpetuity to be utilised in line with necessary brand campaigns. The Design Yar / House of Jola Ltd reserves the right to edit the image and accompanying copy in line with brand creative and to remove user content at any time. The Design Yard / House of Jola Ltd agrees to communicate any mandatory accreditations where provided. The conditions are applied to any content submitted via the #mydesignyard hashtag, our online and social media competitions, email, press & marketing initiatives and our design consultation services. We reserve the right to update or amend these conditions at any time without notice. If you have any questions, please contact our sales team askus@thedesignyard.co.uk

17 use of product

1. All our products are designed for domestic use only. We do not allow our fabric or wallpaper to be converted into other products such as cushions, lampshades, upholstered/decorated furniture or artwork etc. and resold for commercial purposes.
2. 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.

18 the design yard & house of jola employees

1. Our employees have a right to work in a non-threatening environment, and we reserve the right to refuse sale of products and conduct services or contact with any person who displays verbal, physical and/or threatening behaviour towards our staff.

19 entire agreement

1. You certify that, in agreeing to accept these terms and conditions, you have not relied on any portrayal, save insofar as the same has specifically been made a phrase of these terms and conditions, and you accept that you shall have no remedy in appreciation of any representation.

20 compensation

1. You agree fully to compensate, defend and hold us (including our officers, directors, employees, agents and suppliers) harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your personal information.

21 liability and warranties

1. Nothing in the terms and conditions in any way limits our liability for death or personal injury caused by our negligence or by fraud.
2. We shall not be liable for any economic losses (including without limitation loss of profits, revenue, business, contracts, management time, data or anticipated savings), nor for any loss of goodwill or reputation, nor any indirect loss, whether arising in contract or tort (including negligence) or pre-contractual or other representations (except for fraudulent or negligent misrepresentation) or otherwise, even if advised of the probability of such damage or where it was foreseeable. Except in the event of death or personal injury, in no event shall our liability under these terms and conditions exceed the amount paid or payable by you for the Products or goods. This does not affect your statutory rights as a consumer, nor does it affect your rights of cancellation.
3. We shall take all reasonable precautions to keep the details of your order and payment secure. Except where we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

22 severance

1. If any provision contained in these terms and conditions is considered by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or being unenforceable shall not affect the other terms and conditions, which shall remain in full force and effect.

23 appointment

1. You may not assign or subcontract any of your rights or obligations under these terms and conditions or any related order for Products to any third party without our written consent. We reserve the right to transfer, assign, novate or subcontract any of our rights or obligations under these terms and conditions or any related contract to any third party.

24 waiver

1. A failure by us to exercise or enforce any right conferred upon us by these terms and conditions shall not be deemed to be a waiver of such right or operate so as to bar the exercise or enforcement thereof at any subsequent time or times

25 modifications to these terms and conditions

1. We reserve the right to modify 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.

26 general

1. The laws of England and Wales govern these Conditions and all disputes will be subject to the exclusive jurisdiction of the courts of England and Wales. The Design Yard / House of Jola Limited is obliged by law to provide the following information:
2. The website www.thedesignyard.co.uk is operated and owned by House of Jola Limited.
3. Our address, and where all communications can be addressed to us, is at House of Jola Ltd. Unit E Tingewick Industrial Estate, Buckingham MK18 1SU  

Company registered in England. No. 12938626