Terms & Conditions

Thank you for taking the time to read our terms and conditions. We've tried to keep these as simple as possible, but we do recommend that you carefully read and consider the content on this page before committing to your order. These terms and conditions will apply to all orders you place with us.

If you have any questions, please don't hesitate to contact us at hello@fineandable.co.uk or call 0808 134 2727

 

Contents:

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1) About Us

This website is operated by Motionspot Limited t/a Fine & Able registered in England and Wales.

Registered address 1 Ilex House, 94 Holly Rd, Twickenham, TW1 4HF.

Company number 08106108. VAT Registration number GB142207060.

2) Service Scope

Products and services offered and sold on this website are chiefly intended for UK residents.

Orders may be accepted for customers outside of the UK so please phone 0808 134 2727 or email hello@fineandable.co.uk with your request; any such orders will be subject to our returns and delivery policies for those locations.

3) Our Definitions

"You" or "Your" means the person named in the order to whom we are supplying the goods.

"We", "Us" or "Our" means Motionspot Limited t/a Fine & Able.

"Order" means your order for the goods.

"Goods" means all products and/or services listed in your order.

"Delivery" means the delivery of the goods to the delivery address specified in the order.

"Services" means any design services detailed in our invoice.

4) Goods

All product descriptions on our site and in our brochure are correct at the time of publication. As we update and develop products, any product specification or description may change without prior notice.

 

Colours shown on the website and in our brochure are represented as accurately as possible. However, we cannot guarantee that the device or monitor you use to navigate our site or any printer you use to print our brochure displays the colours of our products accurately. As such, the colours of any delivered product may vary slightly from those images.

 

Although we have made every effort to be as accurate as possible, manufacturing tolerances or changes can cause variation to the details shown on the site or in the brochure. Measurements indicated including weights, dimensions, colours and patterns shown on our site or in our brochure may vary. Images shown are for illustrative purposes only.

 

All prices displayed on the website and in the brochure are ex VAT. To understand if you qualify for VAT exemption please phone us on 0808 134 2727, email us at hello@fineandable.co.uk or visit the government website at https://www.gov.uk/financial-help-disabled/vat-relief. VAT will be applied to your order if you are not VAT exempt.

 

All products sold on this website are for domestic use in the UK. By agreeing to our terms and conditions, you agree that Motionspot Limited t/a Fine & Able is in no way responsible for any commercial or non-domestic use of our products and as such you have no rights to cancel this purchase if purchasing for these uses.

If you require products for commercial or non-domestic use please phone us on 0808 134 2727 or email us at hello@fineandable.co.uk

    5) Orders

    Any quotation given by us is valid for a period of 30 days from its date of issue unless otherwise indicated by us in writing.

     

    It is your responsibility to check that all the details on the order/quote are correct, including the exact specifications of the products and delivery details.

     

    Each order you make with us is considered to be a separate legally binding contract. This contract will only apply to the products detailed and confirmed in your order confirmation email. Some products from your order may be subject to separate order confirmation emails. In these instances, we would not be obliged to supply or delivery the named products until the relevant order confirmation emails have been sent.

     

    An order confirmation email does not necessarily mean that the order will be fulfilled or that an order is valid. To qualify, the orders must be paid for in full by way of the given payment gateways.

     

    If the Goods or Services are to be provided in instalments as set out in the Order, each instalment shall be deemed to constitute a separate contract, and we shall invoice each instalment separately. Any invoices for an instalment shall be payable in accordance with the terms of this agreement without reference to any other instalment.

    6) Cancellation

    You may cancel an Order for Goods and/or Services within 14 calendar days’ of placing an Order by contacting us and cancelling the Order. We will refund any payment made in advance for Services that have not been provided or Goods that have not been delivered. However if we have already started design work in relation to Services which are part of the Order by that time, you will pay us any costs reasonably incurred in starting to fulfil the Order and this charge will be deducted from any refund that is due to you. You acknowledge that you have no right to cancel an order for Services that have been performed fully by us within the 14 day cancellation period. If you cancel an Order for Goods more than 14 calendar days after you receive those Goods, we reserve the right to charge you a restocking fee of 25% of the cost of those Goods, which you agree we may deduct from any refund.

     

    Where you have cancelled an Order because of a failure by us to comply with these Conditions (except where we have been affected by events outside our reasonable control) you will not have to make any payment to us.

    You also have a statutory right to return any Goods which are not as described to you or which are not received in a satisfactory condition. You must notify us of your intention to exercise this right within 30 days of delivery.

     

    If you cancel an Order or return any non-faulty Goods to us, you must return those Goods to us in their original packaging and in a re-saleable condition. We reserve the right to deduct a charge from any refund payable if you have not complied with this requirement.

     

    If we have already dispatched Goods to you then you will be unable to cancel an Order until the Goods are returned to us at your cost. If the Goods are found to be faulty, then we will reimburse you the return delivery cost.

     

    If we have already dispatched Goods to you then you will be unable to cancel an Order until the Goods are returned to us at your cost.

     

    Goods that are made-to-measure or bespoke to you cannot be cancelled (but this will not affect your legal rights as a consumer in relation to made-to-measure or bespoke Goods that are faulty).

     

    We may have to cancel an Order for Goods and/or Services before the Services start or the Goods are delivered if: -

    • due to events outside our reasonable control or the unavailability of stock or (in the case of Services) key personnel or key materials without which we cannot provide the Services. We will ensure we contact you promptly if this ever happened. In such an eventuality if you have made payment in advance for Services that have not been provided or Goods that have not been delivered, we will refund these amounts to you.

    • you fail to pay any amount due under this Contract on the due date for payment in accordance with the Payment Terms.

    7) Risk & Ownership

    Responsibility for and ownership of the goods passes to you once they are fully paid for and delivered or collected.

    8) Our Guarantee and Warranty

    We shall not be responsible for defects in or damage to the Goods or missing components unless you have notified us of such damage or missing components within 48 hours of the Goods’ arrival at the Delivery address.

     

    The Goods come with a manufacturer’s guarantee which is in addition to a your legal rights.

     

    Our warranty covers normal domestic home use only. Defects relating to any of the following reasons will not be covered:

    • fair wear and tear.

    • wilful damage.

    • accident, negligence by you.

    • commercial use.

    • rusting, corrosion caused by weather or water exposure.

    • fire or smoke damage.

    • alterations or repairs not authorised by Motionspot Limited t/a Fine & Able.

    • failure to follow our written instructions regarding care of the Goods, or any alteration or repair to the Goods which you carry out without our prior written approval.

     

    We warrant that for 12 months starting from the delivery date, the Goods will:

    • be free from material defects in design, material and workmanship; and

    • be of satisfactory quality.

    • be fit for the purpose for which they are designed and supplied.

    • comply with all applicable statutory and regulatory requirements for selling the Goods in the UK.

    If you inform us that the Goods have breached the warranty, we will arrange the Goods to be inspected and the breach verified. If we deem that the Goods have not breached the warranty, we will decline any further action and will provide you with the full details behind our decision. You will have direct access to any reports completed by the inspection specialist.

     

    Should you prefer to use an inspection service of your choice, this must be done at your cost. Any inspection service used must be a recognised, independent specialist and we must agree in writing to them carrying out the inspection.

     

    If the Goods are found to have breached the warranty, we will follow a fair and fast process. We will either repair or replace the Goods free of charge or provide a full refund of the price paid by you. We will do our best to agree with whichever remedy you would find most appropriate.

     

    Your repaired or replacement Goods will also then be subject to the warranty.

    This warranty is in addition to your legal rights in relation to the Goods that are faulty or not as described and will not adversely affect your rights.

    9) Events Outside Our Control

    If Motionspot t/a Fine & Able is unable to perform our obligations to fulfil your order due to events outside our reasonable control, we will not be liable or responsible. These include (without limitation) the following:

    • delays caused by suppliers.

    • delays caused by delivery or fulfilment partners.

    • strikes, lock-outs or other industrial action.

    • unavailability of shipping, aircraft, motor transport or other means of public or private transport; or unavailability of public or private telecommunications networks.

    • fire, explosion, storm, flood, snow or other natural disaster.

    • our obligations under these terms and conditions are suspended for the period that such events continue, and we will have an extension of time to perform these obligations for the duration of that period.

     

    If the events outside our reasonable control prevents us from providing any of the Services and/or Goods for more than six weeks, we shall, without limiting our other rights or remedies, have the right to terminate this Contract immediately by giving written notice to you.

      10) Limitation Of Liability

      We do not accept any responsibility for damage to your property during delivery other than damage due to our negligence when our liability is limited to your direct costs to repair that damage.

       

      We do not accept any responsibility for issues arising from your receipt of our Services where those issues arise from any incorrect information (e.g. room dimensions) provided by you, or where you have failed to provide information to us which would reasonably be required for us to provide the Services (e.g. your specific accessibility requirements). You are responsible for ensuring that your use of information we provide to you as a result of the Services is appropriate to your circumstances.

       

      We shall not be liable in any way for any damages or losses to your property caused by any contractor who carries out work to your property based on designs or specifications provided by us as a result of the Services (even if that contractor was recommended by us). You are solely responsible for your relationship with any contractor carrying out such work and any liabilities arising as a result of it.

       

      Our total liability in connection with or arising from the Order, whether in negligence or otherwise, shall be limited to the value of the Goods and Services. We shall not be liable for any indirect or consequential losses, costs or expenses in connection with or arising out of the Order.

       

      We shall under no circumstances be liable to you for any commercial, business or re-sale purposes and accept no liability for loss of profit, loss of business, business interruption or loss of business opportunity.

       

      We shall under no circumstances whatever be liable to you for repairing any pre-existing faults, defects or damage to your property or the Delivery Location discovered in the course of the supply of services or delivery of any Goods.

       

      Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraud or any other liability which may not otherwise be limited or excluded under applicable law.

       

      Should any part of our terms and conditions be found to be invalid or unenforceable by a court, the remaining terms and conditions will not be affected.

      11) Disputes

      All policy disputes regarding these terms and condition will need to be emailed to hello@fineandable.co.uk. We aim to respond to all policy disputes within seven working days.

      12) Resolving A Dispute

      If you do have a dispute that we are not able to resolve to your satisfaction, then you may contact The Furniture Ombudsman. You can visit their website here https://www.thefurnitureombudsman.org/

      13) Preventing Fraud

      Motionspot Limited t/a Fine & Able retains the right to investigate any Order placed with us. We also reserve the right to not fulfil any such Order until it is established that the Order is not fraudulent. Monies will be refunded to the original payment card used and the Order will be cancelled if we are not able to prove that the Order was not fraudulent or if we were unable to contact the relevant customer.

       

      We will validate your details for your protection, to ensure your credit, debit or charge card is not being used fraudulently. This validation will include your name, address and other personal information supplied by you during the ordering process against appropriate third-party databases.

       

      By accepting our terms and conditions you consent to these checks being made. In performing these checks personal information, you have provided may be disclosed to a registered Credit Reference Agency which may keep a record of that information. Please be assured that this is only done to confirm your identity.

       

      We will never conduct a credit check and as such your credit rating will not be affected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 2018.

       

      These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising shall be exclusively subject to the jurisdiction of the courts of England and Wales.

      14) Contact

      For questions, requests to change your details, including delivery address, amend your order(s), requests for refunds and any other queries, please contact us at hello@fineandable.co.uk or phone us on 0808 134 2727.

      15) Data Controller

      Your privacy is critical to us. We respect your privacy and comply with all applicable laws relating to protection of your personal information.

      The data controller for your information is Motionspot Limited registered in United Kingdom under Company Number 08106108 whose registered office address is: 1 Ilex House, 94 Holly Rd, Twickenham, TW1 4HF.

       

      As a data controller for the purposes of the Data Protection Act 2018 (the “Act”), we will comply with the statutory requirements to keep your personal data confidential and secure.

       

      Your information will be used to process and fulfil your Order and/or in accordance with our guarantee. We will need to disclose your personal data to selected third parties in order to meet these requirements.