1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Arenaroom Limited, a company registered in England and Wales. Our company registration number is 10914121 and our registered office is at PO Box 74828 London, NW6 9UP. Our registered VAT number is 285904763.
2.2 How to contact us. You can contact us by telephoning our customer service team on +44 (0) 203 935 7090 or by writing to us at ben@arenaroom.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place once you have made payment and we have emailed you to accept your order, or, in the case of telephone orders for bespoke products, once you have emailed us to confirm that the final proof is accepted and you have made payment, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we make every effort to be as accurate as possible, for reasons such as slight material expansion or contraction upon wetting, and/or incorrect installation, our wallpaper may not join perfectly at the final join, and the final size of an installed Arenaroom may not be exactly the same size as your measurements. As such, all sizes, dimensions and measurements indicated on our website or provided by you have a 3% tolerance, and we accept no liability and you have no right to a refund where the final measurements of the Arenaroom are within this tolerance level.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct and we accept no liability in the event that your measurements are incorrect. You can find information and tips on how to measure your room on our website here or by contacting us.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us as soon as possible at ben@arenaroom.com or by phone at +44 (0) 203 935 7090. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
6. Providing the products
6.1 Delivery costs. The costs of delivery will be included in the cost of the product for deliveries within the UK and as set out on our website or confirmed to you in the course of email exchanges, as the case may be, in the case of international deliveries.
6.2 When we will provide the products. We will aim to deliver the product to you within 14 days or 21 days after the day on which we accept your order in the case of deliveries within the UK or internationally, respectively.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, such as delays caused by the courier, then either we or the courier will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 A signature may be required at the point of delivery. If no one is available at your address to sign for the products and take delivery, our courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.5 If after a failed delivery to you, you do not re-arrange delivery or collect the product from a delivery depot we or our courier will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we or our courier are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
6.6 In the case of international deliveries, you must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site and you are responsible for any customs duties and/or taxes levied at the point of entry into the destination country. The importation or exportation of certain goods may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of goods you purchase.
6.7 When you become responsible for the goods. The product will be your responsibility from the time we deliver the product to the address you gave us.
6.8 When you own goods. You own a product once we have received payment in full and it has been delivered to the address you gave us.
6.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, the correct measurements for your room, as set out on our website. In the case of standard products, this information will be provided by you as part of the ordering process, however, in the case of bespoke products, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.10 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
6.10.1. deal with technical problems or make minor technical changes;
6.10.2. update the product to reflect changes in relevant laws and regulatory requirements;
6.10.3. make changes to the product as requested by you.
7. Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the product, how we are performing and when you decide to end the contract:
7.1.1. if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 9;
7.1.2. if you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
7.1.3. in all other cases, see clause 7.4.
7.2 If you are ending a contract for a reason set out at 7.2.1 to 7.2.4 below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
7.2.1 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
7.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control;
7.2.3 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
7.2.4 you have a legal right to end the contract because of something we have done wrong.
7.3 You do not have a right to change your mind in respect of our products because they are made to your specification, whether they are standard products ordered on our website or bespoke products ordered via telephone and/or email.
7.4 Even if we are not at fault, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
8. How to end the contract with us
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
8.1.1 Phone or email. Call customer services on +44 (0) 203 935 7090 or by writing to us at ben@arenaroom.com. Please provide your name, home address, details of what you bought, when you ordered or received the order and, where available, your name, phone number and email address.
8.1.2 Online. Complete the form at www.arenaroom.com/contact_us.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Arenaroom Limited, Unit 10 Borrowdale Business Park, White Lund Industrial Estate, Morecambe, Lancashire LA3 3BS.
8.3 When we will pay the costs of return. We will pay the costs of return:
8.3.1 if the products are faulty or misdescribed; or
8.3.2 if you are ending the contract because of a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return.
8.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described above. Refunds will be made within 14 days of cancellation or receipt by us of the returned products, as the case may be. If you are a customer buying for business purposes, refunds will be made within 30 days of cancellation or receipt by us of the returned products, as the case may be.
9. If there is a problem with the product
9.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on +44 (0) 203 935 7090 or email us at ben@arenaroom.com.
9.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. |
9.3 You must check the products carefully upon delivery. You should not open our packaging if it appears to be damaged on delivery and, in that case, you should sign for the package as “Damaged in transit” and must notify us within 48 hours of your intention to return the damaged products to us.
9.4 You are not entitled to return products to us once installation has commenced either in whole or in part and, as such, it is your responsibility to inspect the products fully before commencing installation and, in the event or any issues, to notify us in accordance with the provisions of this contract.
9.5 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. Postage costs will be paid as per clause 8.
10. Price and payment
10.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price as indicated on the order pages when you placed your order via our website or, in the case of bespoke products, told to you in the course of email exchanges. We use our best efforts to ensure that the price of the product advised to you is correct.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
10.4 When you must pay and how you must pay. We accept payment with credit or debit card and, in the case of telephone orders for bespoke products, by BACS directly to our bank account as detailed on our invoice to you. You must pay for the products before we dispatch them.
10.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
10.7 If you are a customer buying for business purposes, you may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim which you may have or allege to have.
11. Our responsibility for loss or damage suffered by you
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 10.2 and for defective products under the Consumer Protection Act 1987.
11.3 If you are a customer buying for business purposes, we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these terms or otherwise at our discretion.
11.4 Without prejudice to clause 12.3, if you are a customer buying for business purposes, we shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any: (i) loss of profits, business, contracts, goodwill, business opportunity and other similar losses, or any business interruption; or (ii) indirect or consequential loss, neither will we be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these terms or our legal duties.
11.5 We will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you or any third party. Accordingly, you hereby agree to hold us harmless from and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
12. How we may use your personal information
How we may use your personal information. We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy at www.arenaroom.com/page/policy.
13. Other important terms
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.5 If you are a customer buying for business purposes, you acknowledge and agree that these terms constitute the entire and only agreement between us.
13.6 You acknowledge and agree that all copyright in, and trade marks, product names and logos used on, our website and our products are our property and may not be used or reproduced without our prior written consent.
13.7 We may offer promotional discount codes from time to time and we reserve the right to withdraw any such promotional discount codes without prior notice.
13.8 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.