Terms & Conditions

1) About Us

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

Registered address First Floor, 8 Waldegrave Road, Teddington, TW11 8GT.

Company number 08106108. VAT Registration number GB142207060.

2) Scope

Products and services provided by Us are intended for UK residents.

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 services 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.

"Service(s)" means any design or delivery services detailed in your Order.

4) Goods & Services

All product descriptions displayed 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 any of our documentation 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 from those images.

 

Although We have made every effort to be as accurate as possible, manufacturing tolerances or technical changes can cause variation to the details shown on the site or in any of our documentation or in any product samples provided to You. Measurements indicated including weights, dimensions, colours and patterns may vary. Images shown and samples provided to You are for illustrative purposes only. Any designs are intended as a guide only.

 

Prices shown on our website are listed with and without VAT. To understand if you qualify for VAT relief 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 eligible for VAT relief.

 

We will endeavour to provide the Services at a date and time agreed with You. These times can vary.

 

Any Order that You make for design Services shall include a maximum of three redesigns and is costed on a per room basis. All subsequent designs are subject to additional costs.

 

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.

 

Any promotional offers or discounts that we may advertise can be amended or withdrawn at any time as our sole discretion. You may only use one such offer of discount at a time; they cannot be combined.

5) Orders

Any quotation given by Us is valid for a period of 30 days from its date of issue unless otherwise indicated 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, that the Goods are suitable for your intended use and installed in accordance with the instructions of the manufacturer of the Goods.

 

Each Order You place 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 upon ordering by way of the given payment gateways, and the contract is 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 provided 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 request payment from You for each instalment separately. Any requests for payment for an instalment shall be payable in accordance with the terms of this agreement without reference to any other instalment.

 

Delivery will be made as soon as possible. We will contact You with an estimated delivery date. You agree to accept Delivery within three months of the Order being fully available. In the event You do not accept the Goods within the time period, We reserve the right to charge storage and insurance of the Goods at the rate of 5% of the total Order value per month or part thereof.

 

Please ensure You have appropriate personnel on site to accept Delivery. We offer a kerb-side Delivery only and You must inform Us of any access restrictions that may prevent Delivery or Collection. Please note that we reserve the right to charge to you any re-delivery or re- collection costs incurred.

 

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. You are responsible for ensuring all building authority requirements, approvals and permissions are adhered to. The sale of ex-display Goods are always ‘Sold as Seen’ and may include cosmetic damage.

 

6) Cancellation

You may cancel an Order for Services within 14 calendar days of placing an Order by contacting Us in writing. We will refund any payment made in advance for Services that have not been provided. Where we have already started to fulfill your Order in relation to Design and Delivery 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. 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.

 

You may cancel and receive a refund for an Order for Goods within 30 days of Your receipt of the Goods. If You cancel such an Order within 14 days of receipt of the Goods, You are responsible for the costs of returning the Goods to Us unless they are faulty or damaged. If You cancel an Order for Goods more than 14 calendar days after You receive those Goods, You are responsible for the costs of returning the Goods to Us, unless they are faulty or damaged and We reserve the right to charge You a restocking fee of 25% of the retail cost of those Goods, which 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 or which are not received in a satisfactory condition. You must notify Us in writing 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 our warehouse 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. We can arrange collection of Goods from You; please contact Us for information on the charge that will apply for such collection.

 

If We have already dispatched Goods to You, 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, We will reimburse You the return delivery cost.

 

Goods that are sold as ex-display or made-to-measure or bespoke to You or referred to as “special order” in Our documentation, cannot be cancelled and are not subject to a refund (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.

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 in writing 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 provide You with the full details behind Our decision.

 

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 remaining warranty period.

 

We warrant that for 12 months from the date that the completion form is signed by you, any installation services provided on our behalf to you will comply with any schedule of works provided to you as part of your Order.

 

These warranties are in addition to your legal rights in relation to the Goods and Services that are faulty or not as described and will not adversely affect your rights.

9) Events Outside Our Control

If We are 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 6 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 in subsequent use 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, 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), or any use of the Goods or Services otherwise than in accordance with the manufacturer’s instructions. 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.

 

We shall not be liable in any way for work carried out and supplied by any third party or installation provider.

 

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 be liable 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 the 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, You may contact The Furniture Ombudsman. You can visit their website at https://www.thefurnitureombudsman.org/.

 

13) Preventing Fraud

We retain 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, marketing preferences 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: First Floor, 8 Waldegrave Road, Teddington, TW11 8GT.

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 may be disclosed to selected third parties in order to meet these requirements.