Homebound Trading Terms & Conditions
These terms and conditions form the basis on which you can visit us and our website and use our online platform (“Website”). Please read them carefully as they contain important information.
General terms and conditions
This site is owned and operated by HOMEBOUND FAS LIMITED a company incorporated and registered in England and Wales with company number 12574064 whose registered office is at 42 Wates Way, Mitcham, England, CR4 4HR(“Homebound”). If you have any queries about these terms and conditions or if you have any comments or complaints on or about our Website, you can contact us at info@homebound.co.uk or +44 7776262987.
1. Interpretation
The following definitions and rules of interpretation apply in this Contract.
Business Day: a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Contract: the Contract between Homebound and the Customer for the supply of the Furniture in accordance with these terms and conditions.
Customer: the person who hires the Furniture from Homebound as described in the Order Form.
Delivery: the transfer of physical possession of the Furniture to the Customer at the Delivery Location.
Delivery Date: the date when the Furniture is due to be delivered to the Delivery Location as set out in the Order Form or shall otherwise be agreed between the parties in writing.
Delivery Location: the place or location set out in the Order Form.
Deposit: the deposit amount (if any) set out in the Order Form.
Discount: the discount or reduction applied to Homebound’s standard Rental Payment(s) as set out in the Order Form.
Furniture: the items of Furniture listed in the Order Form, all substitutions or replacements of such Furniture and all related accessories provided for it.
Installation Charges: where payable, as set out in the Order Form.
Order: the Customer’s Order for the Furniture as set out in the Order Form.
Order Form: the order form submitted by the Customer to Homebound via the online portal requesting the Furniture.
Rental Payment(s): the payments made by or on behalf of Customer for hire of the Furniture.
Rental Period: the period of hire as set out in clause 2 (Rental Period).
Total Loss: the Furniture is, in Homebound’s opinion or the opinion of its insurer(s), damaged beyond economic repair, lost, unavailable for inspection, stolen, seized or confiscated.
VAT: value-added tax or any equivalent tax chargeable in the UK or elsewhere.
1.2 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
1.3 A reference to writing or written includes email but not fax.
1.4 Any words following the terms including, include, in particular, for example, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. The contract between us
Homebound shall rent the Furniture to you for use by you at the Delivery Location subject to these terms and conditions.
The Rental Period starts on the date of delivery and shall continue for the period as specified in your Order Form unless terminated earlier in accordance with these terms and conditions.
You acknowledge and accept that we only provide an online platform that enables users to borrow Furniture. We act as an agent for the lender and do not lend Furniture ourselves. We also do not regularly monitor the quality of the Furniture made available for hire by lenders through our online platform.
As such, the lender (and not us) is responsible for ensuring that the Furniture conform to any descriptions provided, are fit for purpose and safe to use. We will not be responsible to you for any Furniture that you hire through our online platform.
You will be responsible for any Furniture you hire through our online platform, including compensating the lender and/or Homebound (as applicable) for any loss or damage to the Furniture. You will also be responsible for any damage you cause to other people or property when you use the Furniture.
2. Acknowledgement of your order
The Order constitutes an offer by you to hire the Furniture in accordance with these terms and conditions. You are responsible for ensuring that the terms of the Order are complete and accurate.
The Order shall only be deemed to be accepted when we accept the Order, at which point the Contract shall come into existence.
You waive any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any of your documents that is inconsistent with these terms and conditions.
Any samples, drawings or advertising produced by us or the lender and any descriptions or illustrations contained on our Website or online platform are produced for the sole purpose of giving an approximate idea of the Furniture referred to in them. They shall not form part of the Contract nor have any contractual force.
A quotation for the Furniture given by us shall not constitute an offer. A quotation shall only be valid for a period of 14 days from its date of issue.
To enable us to process your Order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your Order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a Contract between us.
All Orders are subject to the Customer credit approval by Homebound. Homebound reserves the right to refuse any Order identified in any quotation or and/or modify the payment terms identified therein.
3. Ownership of rights
All rights, including copyright, in this Website are owned by or licensed to HOMEBOUND FAS LIMITED . Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission.
You may not modify, distribute or repost anything on this Website for any purpose.
4. Accuracy of content
We have taken care in the preparation of the content of this Website, in particular to ensure that prices quoted are correct at the time of publishing and that all Furniture has been described accurately. However, Orders will only be processed if there are no material errors in the
description of the Furniture or their prices as advertised on this Website. Any weights, dimensions and capacities given about the Furniture are approximate only.
5. Damage to your computer
We try to ensure that this Website is free from viruses or defects. However, we cannot guarantee that your use of this Website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Website.
6. Availability
All Orders are subject to acceptance and availability. If the Furniture you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details).
You will have the option either to wait until the Furniture is available from stock, swap the Furniture with a suitable alternative (at the sole discretion of Homebound and subject to availability) or to cancel your Order.
7. Ordering errors
You are able to correct errors on your Order up to the point on which you click on “submit enquiry” during the ordering process.
8. Price
The prices payable for Furniture that you Order are as set out on our Website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
9. Payment terms
The Rental Period starts on the Delivery Date and shall continue for the Rental Period unless this Contract is terminated earlier in accordance with its terms.
9.1 A soft credit check (i.e. not recorded on your credit file as a check undertaken) will be undertaken by us prior to actioning and commencing this Agreement. We use Experian for this.
10. Rental Payment(s), Installation Charges, Deposit and Total Loss
We use Circuly as our payments handler, and Stripe as our payments partner.
Any Rental Payment(s) quoted by Homebound to the Customer shall only be valid for 14 days and shall only relate to the specific Rental Period quoted for.
Where a Discount is applied to the Rental Payment(s), that Discount is conditional upon the Customer paying all Rental Payment(s) on or before the due date for payment. If any Rental Payment(s) is not made on or before its due date for payment, the Discount shall be dis-applied and the late Rental Payment(s) together with all other Rental Payment(s) payable under the Contract shall be adjusted accordingly.
The Customer shall pay the Rental Payment(s) and any Installation Charges to Homebound in accordance with the Order Form. The Rental Payment(s) shall be paid in sterling and shall be made by bank transfer to the bank details as referenced in the Order Form.
Time for payment of all sums due to Homebound shall be of the essence. The Customer may also pay the Rental Payment(s) and other payments due under the Contract by way of debit or credit card. Homebound reserves the right to charge any debit or credit card supplied by the Customer with Rental Payment(s) or other charges payable to Homebound from time to time.
The Rental Payment(s) (is)are exclusive of all costs and charges of packaging, insurance (if applicable) and transportation of the Furniture which shall be invoiced to the Customer.
The Rental Payment(s) are exclusive of VAT and any other applicable taxes and duties or similar charges which shall be payable by the Customer at the rate and in the manner from time to time prescribed by law.
All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
If the Customer fails to make a payment due to Homebound under the Contract by the due date, then, without limiting Homebound’s remedies under clause 16 (Termination), the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgement.
Interest under this clause will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
The Deposit is a deposit against default by the Customer of payment of any Rental Payment(s), and other payments which are payable by the Customer to Homebound pursuant to these terms and conditions or any loss of or damage caused to the Furniture. The Customer shall where set out in the Order Form on or before the date of the Contract, pay the Deposit in cleared funds to Homebound. If the Customer fails to make any Rental Payment(s), or any other payment due, in accordance with the manner required in the Order Form, or causes any loss or damage to the Furniture (in whole or in part), Homebound shall be entitled to apply the Deposit against such default, loss or damage. The Customer shall pay to Homebound any sums deducted from the Deposit within ten (10) Business Days of a demand for the same. The Deposit (or balance thereof) shall be refundable within twenty Business Days of the end of the Rental Period. If it is not possible to obtain full payment of the Deposit from you, then we can refuse to process your Order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
The Customer shall be liable for the full replacement cost of Furniture which is deemed a Total Loss in addition all Rental Payment(s) due under this Contract in respect thereof.
The Customer shall be liable for the cost of cleaning and reinstating the Furniture if it is soiled or damaged whilst in the possession or control of the Customer. Where, in the opinion of Homebound, the cost of cleaning and reinstating the Furniture is uneconomic (by way of example only, where holes are drilled into the Furniture, or where stickers or graphics are attached), Homebound will determine that the Furniture affected will be a Total Loss whereupon clause 10 shall apply. Keys not returned or delivered up to Homebound at the end of the Rental Period will be charged to the Customer at the rate of £25.00 per key.
Once the Furniture has been returned to Homebound on expiry or termination of this Contract, the returned Furniture will be assessed by a member of Homebound’s team for any damage caused. A reasonable level of wear and tear is permitted but the Customer will be charged for any more significant damage. If the Furniture is damaged beyond repair, the Furniture will be deemed a Total Loss. Homebound shall notify the Customer within 14 business days from receiving the Furniture back from the Customer of the outcome of their assessment in respect of the returned Furniture. The Customer shall be liable for the full replacement cost of Furniture which is deemed a Total Loss in addition all Rental Payment(s) due under this Contract in respect thereof. Any amounts payable will be deemed due within 14 days of the Customer being notified by Homebound.
11. Delivery charges
Delivery charges vary according to the type of Furniture ordered and value of your Order.
12. Delivery
Delivery of the Furniture shall be made by Homebound. We shall use our reasonable endeavours to effect Delivery by the Delivery Date. Title and risk shall transfer in accordance with clause 13 (Title, risk and insurance) of these terms and conditions.
The Customer shall procure that a duly authorised representative of the Customer shall be present at the Delivery of the Furniture. Acceptance of Delivery by such representative shall constitute conclusive evidence that the Customer has examined the Furniture and has found it to be in good condition, complete and fit in every way for the purpose for which it is intended. The Customer's duly authorised representative shall sign a receipt confirming such acceptance. All shortages and defects in the Furniture must be agreed and noted on the Delivery docket.
Where we have agreed upon payment of the Installation Charges to install the Furniture at the Delivery Location, the Customer shall procure that a duly authorised representative of the Customer shall be present at the installation of the Furniture. Acceptance by such representative of installation shall constitute conclusive evidence that the Customer has examined the Furniture and has found it to be in good condition, complete and fit in every way for the purpose for which it is intended. The Customer's duly authorised representative may be requested to sign a receipt confirming such acceptance.
To facilitate Delivery and installation where applicable, the Customer shall at its sole expense provide all requisite materials, facilities, access and suitable working conditions to enable Delivery and installation (where applicable) to be carried out safely and expeditiously.
You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
Please note that we are only able to deliver to addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles. Depending on your order we may be able to facilitate delivery to these areas please contact us for further details.
It is important that the Delivery address is accurate. We cannot accept any liability for any loss or damage to the Furniture once they have been delivered in accordance with your Delivery instructions (unless this is caused by our negligence). We will aim to deliver the Furniture by the Delivery Date but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your Furniture within the timeframe stipulated at your time of enquiry. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative Delivery Date, or offer you a full refund.
Once the Furniture has been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
13. Risk and ownership
The Furniture shall at all times remain the property of the lender, and the Customer shall have no right, title or interest in or to the Furniture (save the right to possession and use of the Furniture subject to these terms and conditions).
The risk of loss, theft, damage or destruction of the Furniture shall pass to the Customer on Delivery. The Furniture shall remain at the sole risk of the Customer during the Rental Period and any further term during which the Furniture is in the possession, custody or control of the Customer (“Risk Period”) until such time as the Furniture is redelivered to Homebound. During the Rental Period and the Risk Period, the Customer shall, at its own expense, obtain and maintain the following insurances:
(a) insurance of the Furniture to a value not less than its full replacement value (such value shall never be less than six times the Rental Payment(s) due in resect of that Furniture) comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident, and such other risks as Homebound may from time to time nominate in writing;
(b) insurance for such amounts as a prudent owner or operator of the Furniture would insure for, or such amount as Homebound may from time to time reasonably
require, to cover any third party or public liability risks of whatever nature and however arising in connection with the Furniture; and
(c) insurance against such other or further risks relating to the Furniture as may be
required by law, together with such other insurance as Homebound may from time to time consider reasonably necessary and advise to the Customer.
All insurance policies procured by the Customer shall be endorsed to provide Homebound with at least twenty (20) Business Days' prior written notice of cancellation or material change
(including any reduction in coverage or policy amount) and shall name the lender on the policies as the loss payee in relation to any claim relating to the Furniture. The Customer
shall be responsible for paying any deductibles due on any claims under such insurance policies.
The Customer shall give immediate written notice to Homebound in the event of any loss, accident or damage to the Furniture arising out of or in connection with the Customer's
possession or use of the Furniture.
If the Customer fails to effect or maintain any of the insurances required under this Contract, Homebound shall be entitled to effect and maintain the same, pay such premiums as
may be necessary for that purpose and recover the same as a debt due from the Customer.
The Customer shall, on demand, supply copies of the relevant insurance policies or other insurance confirmation acceptable to Homebound and proof of premium payment to
Homebound to confirm the insurance arrangements.
14. Customer Obligations
The Customer shall during the term of this Contract:
(a) ensure that the Furniture is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in accordance with any operating instructions;
(b) take such steps (including compliance with all safety and usage instructions provided by Homebound) as may be necessary to ensure, so far as is reasonably practicable, that the Furniture is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) maintain at its own expense the Furniture in good and substantial repair in order to keep it in as good condition as it was on the Delivery Date and shall make good any damage to the Furniture at its own expense;
(d) make no alteration to the Furniture;
(e) keep Homebound fully informed of all material matters relating to the Furniture;
(f) keep the Furniture at all times at the Delivery Location and shall not move or attempt to move any part of the Furniture to any other location without Homebound's prior written consent;
(g) permit Homebound or its duly authorised representative to inspect the Furniture at all reasonable times and for such purpose to enter the Delivery Location or any premises at which the Furniture may be located, and shall grant reasonable access and facilities for such inspection;
(h) not to part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Furniture or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(i) not to attach the Furniture to any land or building so as to cause the Furniture to become a permanent or immovable fixture on such land or building. If the Furniture does become affixed to any land or building then the Furniture must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Furniture from any land or building and indemnify Homebound and the lender against all losses, costs or expenses incurred as a result of such affixation or removal;
(j) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of Homebound in the Furniture and, where the Furniture has become affixed to any land or building, the Customer must take all necessary steps to ensure that Homebound may enter such land or building and recover the Furniture both during the term of the Contract and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of Homebound of any rights such person may have or acquire in the Furniture and a right for Homebound to enter onto such land or building to remove the Furniture;
(k) not suffer or permit the Furniture to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Furniture is so confiscated, seized or taken, the Customer shall notify Homebound and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Furniture and shall indemnify Homebound and the lender on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(l) ensure that at all times the Furniture remains identifiable as being the lender’s property and wherever possible shall ensure that a visible sign to that effect is attached to the Furniture;
(m) deliver up the Furniture at the end of the Rental Period or on earlier termination of the Contract at the Delivery Location and to allow Homebound or its representatives access to the Delivery Location for the purpose of removing the Furniture; and
(n) not do or permit to be done anything which could invalidate the insurances referred to in clause 13 (Title, risk and insurance); and
(o) provide all reasonable information as requested by Homebound to allow Homebound to carry out searches at credit reference agencies and fraud prevention agencies as part of processing the Customer’s Order.
If the Furniture is not made available to Homebound in accordance with this clause 43, the Customer shall be responsible for all costs incurred by Homebound associated with its future attempts to collect.
Under no circumstances shall the Customer be permitted to remove the Furniture from the Delivery Location or store it at any other location without Homebound’s prior written permission. Where the Furniture is removed from the Delivery Location (regardless of whether Homebound have agreed to the removal) the Customer shall be liable for all direct and indirect costs incurred by Homebound in locating, accessing, recovering and repatriating the Furniture from the location where the Furniture has been stored to Homebound’s premises. If the whereabouts of the Furniture cannot be ascertained by Homebound after having made reasonable enquiries of the Customer, it shall be treated as a Total Loss whereupon clause 10 shall take effect.
The Customer acknowledges that Homebound shall not be responsible for any loss of or damage to the Furniture arising out of or in connection with any negligence, misuse, mishandling of the Furniture or otherwise caused by the Customer or its officers, employees, agents and contractors, and the Customer undertakes to indemnify Homebound and the lender on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with these terms and conditions.
15. Cancellation rights
Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive the Furniture (with the exception of any made to order items). You do not need to give us any reason for cancelling your Contract nor will you have to pay any penalty.
Should you wish to cancel your Order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us by any other clear statement.
You cannot cancel your contract if the Furniture you have Ordered are bespoke (i.e. made
to order).
If you have received the Furniture before you cancel your Contract then you must send the Furniture back to our contact address at your own cost and risk. If you cancel your Contract but we have already processed the Furniture for delivery, you should not unpack the Furniture when they are received by you and you must send the Furniture back to us at our contact address at your own cost and risk as soon as possible.
Once you have notified us that you are cancelling your Contract, and we have either received the Furniture back in original condition or, if earlier, received evidence that you have sent the Furniture back, we will refund any sum within 14 calendar days.
We may make a deduction from your refund for any loss in the value of the Furniture supplied if the loss is the result of unnecessary handling by you (for example using the Furniture prior to cancellation)
16. Cancellation by us
We reserve the right not to process your Order:
(a) We have insufficient stock to deliver the Furniture you have ordered;
(b) We do not deliver to your area; or
(c) One or more of the Furniture you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from the lender.
If we do not process your Order or cancel your Contract for the above reasons, we will notify you by e-mail and will refund any payment made as soon as possible, but in any event within 14 days.
17. Termination
We may terminate your Contract if:
(d) the Customer fails to pay any amount due under this Contract on the due date for payment and remains in default not less than 7 days after being notified in writing to make such payment;
(e) the Customer commits a material breach of any other term of this Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 5 days after being notified in writing to do so;
(f) the Customer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 as if the words "it is proved to the satisfaction of the court" did not appear in sections 123(1)(e) or 123(2) of the IA 1986;
(g) the Customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (being a company) for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;
(h) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Customer other than for the sole
purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;
(i) an application is made to court, or an order is made, for the appointment of an administrator, or a notice of intention to appoint an administrator is given or an administrator is appointed, over the Customer (being a company);
(j) the holder of a qualifying floating charge over the assets of the Customer (being a company) has become entitled to appoint or has appointed an administrative receiver;
(k) a person becomes entitled to appoint a receiver over all or any of the assets of the Customer or a receiver is appointed over all or any of the assets of the Customer;
(l) a creditor or encumbrancer of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Customer's assets and such attachment or process is not discharged within 14 days;
(m) any event occurs, or proceeding is taken, with respect to the Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 12.4(c) to clause 12.4(i) (inclusive);
(n) if a Total Loss occurs in relation to the Furniture; or
(o) if Homebound is unable to perform all or any of its material obligations under this Contract as a result of a Force Majeure Event for a period of more than 30 days.Upon termination of this Contract, however caused:
(a) Homebound’s consent to the Customer's possession of the Furniture shall terminate and Homebound may, by its authorised representatives, without notice and at the Customer's expense, retake possession of the Furniture and for this purpose may enter the Delivery Location or any premises at which the Furniture is located; and
(b) without prejudice to any other rights or remedies of the Customer, the Customer shall pay to Homebound on demand:
(i) all Rental Payment(s) and other sums due but unpaid at the date of such demand together with any interest accrued;
(ii) any costs and expenses incurred by Homebound in recovering the Furniture and/or in collecting any sums due under this Contract (including any storage, insurance (if applicable), repair, transport, legal and remarketing costs).
Subject to clause 18.6, upon termination of this Contract pursuant to this clause 17, any other repudiation of the Contract by the Customer which is accepted by Homebound or pursuant to this clause 17, without prejudice to any other rights or remedies of Homebound, the Customer shall pay to Homebound on demand a sum equal to the whole of the Rental Payment(s) that would (but for the termination) have been payable if the Contract had continued from the date of such demand to the end of the Rental Period.
The sums payable pursuant to this clause 17 may be partly or wholly recovered from any Deposit.
Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
18. Force Majeure
18.1 Force Majeure Event means any circumstance not within Homebound’s reasonable control including:
(a) acts of God, flood, drought, earthquake or other natural disaster;
(b) epidemic or pandemic;
(c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
(d) nuclear, chemical or biological contamination or sonic boom;
(e) any law or any action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent];
(f) collapse of buildings, fire, explosion or accident;
(g) any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause, or companies in the same group as that party); or
(h) if any Furniture which the Customer has hired under an Order is requested back by the lender for any reason and/or the contractual relationship between Homebound and the lender has come to an end for any reason.
18.2 If Homebound is prevented, hindered or delayed in or from performing any of its obligations under this Contract by a Force Majeure Event, Homebound shall not be in breach of this Contract or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
18.3 The corresponding obligations of the Customer will be suspended, and its time for performance of such obligations extended, to the same extent as those of Homebound.
18.4 Homebound shall as soon as reasonably practicable after the start of the Force Majeure Event, notify the Customer in writing of the Force Majeure Event.
18.5 If the Force Majeure Event prevents, hinders or delays Homebound’s performance of its obligations, Homebound may terminate this Contract by giving 7 days written notice to the Customer.
18.6 Pursuant to any termination under this clause 18, neither party shall be deemed to be in breach of the terms of this Contract and neither party shall then be obligated in any manner to the other with respect to such performance. Compensation will not be payable by either.
18.7 The Customer is responsible for, and is recommended to arrange, its own insurance (such as, cancellation insurance) to cover risks and associated costs arising out of or connected with any termination under this clause 18.
19. If there is a problem with the Furniture
If you have any questions or complaints about the Furniture please contact us. You can do so at info@homebound.me or +44 7776262987.
We are under a legal duty to supply the Furniture that are in conformity with these terms and conditions and in accordance with the Consumer Rights Act 2015 (the Act).
If you wish to exercise your legal rights to reject the Furniture which do not conform with the Act you must either return them to us by either delivering them back to us or allow us to collect them from you. We will pay the cost of delivery or collection.
20. Liability
Unless agreed otherwise, if you do not receive the Furniture ordered by you within 30 days of the Delivery Date and decide to cancel the order rather than rearrange Delivery, we will provide you with a full refund.
We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: (a) loss of profit;
(b) loss of revenue;
(c) loss of sales or business;
(d) loss of agreements or contracts;
(e) loss of opportunity;
(f) loss of anticipated savings;
(g) loss of or damage to goodwill; or
(h) indirect or consequential loss or damage
in each case, however caused, even if foreseeable.
We make no representation and accept no liability in respect of the export or import of the Furniture.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.
21. Assignment
Homebound may at any time assign, transfer, novate, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under this Contract.
The Customer shall not assign, transfer, novate, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under this Contract.
22. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 21 Hillcross Avenue, Morden, England, SM4 4AT and all notices from us to you will be displayed on our website from time to time.
23. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should
look through them as often as possible.
24. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
25. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
26. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
27. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
28. Other important terms
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.
PRIVACY STATEMENT
Homebound is committed to respecting and protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you. Please refer to our Privacy Policy for more details.