Terms & Conditions

Thank you for taking the time to read our terms and conditions. We have 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 provided by us are 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 any goods or services.

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

"Order" means your order for any goods or serrvices from us.

"Goods" means all products listed in your Order.

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

"Services" means any design or installation services detailed in your Order.

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, and in any Order 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.

 

We will endeavour to provide the Services at a date and time agreed with you. We may vary these times orally or in writing. You acknowledge that we may retain contractors to provide installation services included within any Order. We will endeavour to meet any requested deadlines for provision of any Services, but time shall not be of the essence in relation to our fulfilment of any Order.

 

All Goods and Services provided by us 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 incorporating these terms and conditions. This contract will only apply to the Goods and Services detailed and confirmed in your invoice. An invoice does not necessarily mean that the order will be fulfilled or that an order is valid. Your order must be paid for in full by way of the given payment gateways, and the contract if formed when we start to fulfil your order following receipt of your payment. We reserve the right to terminate this contract for any failure to pay sums when due.

     

    This contract shall supersede any other documentation or communication between you and us in relation to your Order. Except as provide in this contract, any variations to an Order must be agreed in writing by both parties. Nothing in this contract shall affect your statutory rights.

    We reserve the right to charge additional costs for any additional work requested by you outside of the scope of the original Order, or work which is required to complete the Services that was not reasonably anticipated at the time the Order was agreed.

     

    If the Goods or Services are to be provided in instalments as set out in the Order (e.g. products and design services), 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.

     

    In relation to Services which include installation services, 50% of installation costs shall be payable upon placing the Order, 35% on the first day of installation, and 15% upon the final day of installation.

     

    You are responsible for providing us with accurate and complete specifications, measurements, and other details as we may require in order to specify and provide the Services. Where we have not previously inspected your premises in relation to installation services, you are responsible for ensuring that the premises are suitable for the installation of Goods, and we shall not be liable for any delays or additional costs arising from incorrect information or inappropriate premises.

     

    You shall co-operate fully with us regarding the provision of the Services and shall provide us (and our contractors) with access to your premises so as to ensure that the Services can be completed in a timely manner. You must provide us (and our contractors) with access to all relevant utilities to ensure completion of the Services and appropriate testing. You must apply for, obtain, and meet the cost of all necessary approvals and permissions required for us to provide the Services prior to the commencement of work. You shall take all reasonable steps to ensure that our staff and contractors do not sustain any damage or loss to person or equipment whilst at your premises. You shall be liable for any damages or costs incurred by us and our contractors as a result of any failure by you to comply with this contract.

     

    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 design Services which are part of any Order, you will pay us any costs reasonably incurred in starting to fulfil that Order and this charge will be deducted from any refund that is due to you. Additionally, if we have already started installation work in relation to installation Services which are part of any Order, you acknowledge that the installation must be completed and no right of cancellation will be available. 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.

     

    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) contractors or 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.

    Your signing of the Certificate of Completion provided to you upon completion of the Services shall constitute your acceptance that the Services have been completed to an acceptable standard.

    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 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 for 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 or contractors.

    • 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, pandemic, 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 or any Goods during delivery or installation other than damage due to our negligence (or that of any contractor retained by us to provide the Services to you) when our liability is limited to your direct costs to repair that damage.

       

      We do not accept any responsibility for issues or delays arising from your receipt of our Services where those issues arise from structural defects in your premises, 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 any additional costs we may incur in relation to any such issues, and for ensuring that your use of information we provide to you as a result of the Services is appropriate to your circumstances. We reserve the right to make changes to any Order which are reasonably required to conform to any applicable safety or other statutory requirements, or which do not materially affect their quality or performance. You acknowledge that we shall have no liability for any making good that may be required as a result of the performance of the Services including any replacement, repainting, redecoration, repair or cleaning required.

       

      We shall not be liable in any way for any damages or losses to your property caused by any contractor retained by you 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 retained by you 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.

       

      You hereby indemnify us against all claims, costs, and expenses which we may incur, and which arise directly or indirectly from your breach of any obligations under this contract.

      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 - www.fhio.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.