Terms of Service
These Terms of Service apply to the use of this website and the purchase of any products from Mellowdays Furniture Limited. By accessing this website and/or placing an order through the website, you agree to be legally bound by the terms and conditions displayed below. Please read these terms and conditions carefully before placing your order.
Mellowdays Furniture, at its discretion, may change, modify, add or remove these terms and conditions at any time and it is therefore important to read them each time you place an order. Please note that all the terms and conditions outlined in this page are created in accordance with rules of distance selling set out for customer protection.
1. Definition
1.1 "Buyer" means the person and/or company who buys or agrees to buy Product(s) from the Seller.
1.2 "Seller" means Mellowdays Furniture Limited.
1.3 “Product(s)” are the items purchased by the Buyer via this website.
1.4 "Delivery Date" is the estimated date that the Product(s) will be delivered to the Buyer.
1.5 "Contract" refers to the legally binding agreement between the Buyer and the Seller for the sale and purchase of Product(s) on the Website.
1.6 “Personal Information” refers to any sensitive data obtained from the Buyer.
2. General Terms
2.1 These conditions shall not affect the Buyer’s statutory rights as a Consumer.
2.2 The Seller shall sell and the Buyer shall purchase the products in accordance with any written or verbal quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including orders placed using the Seller’s electronic online ordering service, written or other means. Any such orders will be subject in any case to these conditions. These conditions shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
2.3 Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction if required, without any liability on the part of the Seller.
2.4 If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
2.5 If the Seller is for any reason not able to supply the goods ordered by the Buyer then any sum paid by the Buyer will be refunded or re-credited to the Buyer's account and the Seller will notify the Buyer at the address given by the Buyer in the order form and or via email. The refund will be made as soon as is possible and, in any event, within 30 days of the reason becoming apparent and the Seller will not be obliged to offer any compensation for disappointment suffered.
2.6 Failure or delay by the Seller in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
2.7 Neither Party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, weather, accidents, war, fire, reduction in or unavailability of power at the Sellers’ / Suppliers’ premises or its manufacturing plant, breakdown of plant machinery or shortage or unavailability of raw materials from a natural source of supply, and the Party shall be entitled to a reasonable extension of its obligations.
2.8 Provided that any event referred to in clause 2.7 continues for a period in excess of 30 working days, the Buyer will be entitled to give notice in writing to terminate the Contract.
3. Description of Products
3.1. The quantity and description of the Products shall be set out in the Seller's confirmation.
3.2. The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller's specification.
3.3. Photographs are for illustrative purposes only, and may not exactly match the product itself.
3.4 Measurements on all products are approximate and some variation may occur, particularly on hand made and rustic products. Please contact us if you require further information. Please be aware that all furniture has variants of colour and we therefore cannot guarantee exact colour matches. Colour variation can also occur due to the different properties of computer display equipment being used to view the product.
3.5 Each Product purchased is sold subject to its Product Specification which sets out additional Specific Conditions related to that Product including, without limitation, conditions concerning estimated delivery dates and times, warranties and guarantees.
3.6 Any additional items or illustrations in a product image are used for visual purposes only. None of these additional items or illustrations will be included with any order unless otherwise stated.
3.7 The Seller, at its discretion, may change any Product price to take account of any increase or the imposition of any taxes or duties, or if due to an error or omission on the price published for the Product(s) whether or not the order has been confirmed. The Seller will inform the Buyer of the correct price within 24 hours and the Buyer shall have the right to cancel the order and receive back any sums they have paid.
4. Warranties and Liabilities
4.1 All Products supplied by the Seller come with a warranty of 6 months from delivery.
4.2 The Seller shall not be liable for any breach in warranty clause 4.1 unless:
4.2.1 The Buyer provides written notice of the defect within 72 hours of the time the Buyer discovers or ought to have discovered the defect; and
4.2.2 The Seller is given reasonable opportunity after receiving the Buyer’s notice of defect to examine the Products in question and the Buyer (if asked to do so) shall provide photographic evidence of the defect.
4.3 The Seller shall not be liable for a breach of the warranty in clause 4.2 if:
4.3.1 The Buyer makes further use of such Products after giving notice of the defect to the Seller.
4.3.2 The defect arises as a result of fair wear and tear, wilful damage, negligence, misuse, abnormal working conditions or failure to follow our oral or written instructions as to the storage of use of the Products.
4.3.3 The Buyer alters or repairs such Products without the written consent or instruction from the Seller.
4.4 Subject to clause 4.3, if any Products are confirmed to be defective by the Seller within 30 days of examining the Products, the Seller will repair or replace such Products (or the defective part).
4.5 If the Seller complies with clause 4.4 the Seller shall have no further liability for breach of any warranty in condition 4.1 in respect of such Products.
4.6 The Seller will not be liable to the Buyer for any indirect or consequential loss or damage arising out of or in connection with the Contract. The Seller will have no liability to the Buyer for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control.
5. Payment
5.1 The Seller accepts payment including MasterCard, Visa and Visa Debit. When the Buyer places an order, the Buyer must provide their exact billing address and telephone number. Incorrect information will cause a delay in processing the order. An order will only be processed once the Seller receives full payment from the Buyer. Payment must be made on the date of purchase. Product(s) will not be dispatched for delivery until full payment has been made and the order has been fully processed.
5.2 The Seller reserves the right to obtain validation of the Buyer's credit charge or debit card details before accepting the order. The Contract is not concluded until full payment is received and the Buyer has received the Product(s).
5.3 If the Buyer has underpaid and an order has been confirmed, the Buyer must pay the remaining balance due within 72 hours. Failure to do this will result in an additional charge of 6% of the purchased Product(s) total being added to the amount due for the original order.
5.4 In the instance that the Buyer has overpaid and an order has been confirmed, the Seller must refund the overpayment to the Buyer within 72 hours where possible.
5.5 If the Seller makes an error in the Confirmation or any invoice or any receipt the Seller will correct the error within 7 days of being notified by the Buyer.
5.6 When opting for interest-free credit, a contractual agreement is established directly between the Buyer and our finance partner, Klarna. To fully understand the terms and conditions of this interest-free credit option, we encourage you to visit Klarna's website at https://www.klarna.com/uk/terms-and-conditions/. It's important to review this information carefully to ensure awareness and understanding of all applicable terms and requirements as offered by Klarna.
6. Availability
6.1 All orders are subject to acceptance and availability.
6.2 After an order has been placed, the Buyer will receive an order confirmation to the email address provided outlining the estimated delivery time and full order details.
6.3 The Seller reserves the right to accept, limit or refuse an order or delivery to any individual or company for any reasons.
7. Delivery Charges
7.1 We currently offer delivery to most of mainland UK, which includes England, Wales, and certain parts of Scotland. We do not deliver to the Highlands of Scotland, Scottish Islands, Isle of Wight, Isle of Man, Isles of Scilly, Channel Islands, Northern Ireland, and Ireland.
All orders are dispatched using a courier service, and in-stock items should be delivered within 7-10 working days from Monday to Friday, unless otherwise advised.
Delivery charges apply depending on the ordered value and delivery locations outlined below:
Zone 1 (England, Wales):
| Shipping fee | Order amount |
| £10 | Up to £400 |
| £20 | £401 to £800 |
| £30 | £801 to £1,200 |
| Free | over £1,200 |
Zone 2 (Certain parts of Scotland excluding Highlands):
| Shipping fee | Order amount |
| £18 | Up to £400 |
| £28 | £401 to £800 |
| £38 | £801 to £1,200 |
| Free | over £1,200 |
8. Delivery
8.1 All Delivery dates shown on the website and quoted are guidelines only. Final delivery will be confirmed before the dispatch and processing of the Order. The Seller will only deliver to England only (excludes Wales, Scotland and Northern Ireland).
8.2 All Product(s) ordered will be delivered to the address specified by the Buyer.
8.3 Product(s) shall be deemed delivered once they are delivered to the address specified by the Buyer.
8.4 All deliveries must be signed for by the Buyer or by the person authorised to accept delivery of the Product(s).
8.5 Delivery dates are approximations only. The Seller shall not be liable for any direct or indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Product(s).
8.6 If the Product(s) ordered have more than one item and have different availability times, they will all be dispatched at the same time once all the Product(s) are ready, unless otherwise agreed.
8.7 The Product(s) will not be unwrapped by the delivery person and packaging will not be removed.
8.8 Once the Product(s) have been delivered, the Buyer will become the owner of the Product(s) and responsible for any risk of damage to or loss of the Products. The Seller will not be liable for their loss or destruction.
8.9 If the Buyer is not present to receive the Product(s) on the agreed delivery date, the Seller reserves the right to charge the Buyer to cover the cost of the failed delivery. This charge depends on the weight and size of the item.
8.10 The carrier might contact the Buyer to make an appointment. If the Buyer agrees on a specific day for the delivery to take place and he fails to accept the Product(s), extra charges may be applied at the Buyer's own expense.
8.11 Delivery dates are booked in for a specific day, not a specific time of day.
9. Damaged Products
9.1 The Buyer shall provide written notice of the defect within 72 hours from the date of delivery.
9.2 The Seller is given reasonable opportunity after receiving the Buyer’s notice of damage to examine the Products in question and the Buyer (if asked to do so) shall provide photographic evidence of the damage via email to contact@mellowdays.co.uk.
9.3 The Seller shall not accepted for return of the damaged Product(s) if:
9.3.1 The Buyer makes further use of such Products after giving notice of the damage to the Seller.
9.3.2 The Buyer alters or repairs such Products without the written consent or instruction from the Seller.
9.3.3 The damaged Product(s) have been assembled or part assembly has taken place by the Buyer.
9.4 If any Product(s) are confirmed to be damaged or defective by the Seller after examining the Products, the Seller will replace such Products (or the defective part) within 14 working days if available.
9.5 The Seller will have no liability to the Buyer for any failure or delay in delivering the Product(s) or any damage or defect in the Product(s) delivered which is caused by any event or circumstance which is beyond our reasonable control.
10. Cancellation Rights
10.1 Under the Distance Selling Regulations, the Buyer has the right to cancel an order for online purchases within 14 days from the date of delivery. The Buyer does not need to give the Seller any reason for cancelling the Contract.
10.2 The Contract cannot be cancelled if:
10.2.1 Products that have been customised or personalised according to the Buyer's specifications.
10.2.2 Products that have been used, or not in the same condition as they were in when delivered.
10.3 To exercise the Buyer’s right of cancellation, the Buyer must give written notice to the Seller by letter or email giving details of the Products ordered and (where appropriate) their delivery.
10.3.1 If the Seller has been notified of the cancelling of the Contract BEFORE the Product(s) have been delivered, the Seller will refund to the Buyer within 10 days for any sum that has been paid or debited from the Buyer’s payment method for the Products.
10.3.2 If the Seller has been notified of the cancelling of the Contract AFTER the Product(s) have been delivered, the Seller will provide the Buyer with further instructions for sending back the Product(s) and a return authorisation. The Buyer must take reasonable care to ensure that the Product(s) are not damaged in the meantime or in transit and return them in the original packaging and condition they were delivered to the Buyer. The Seller will refund within 10 days to the Buyer's original payment method provided that the Product(s) are returned in the same condition when they were delivered.
10.3.3 The Seller reserves the right to withhold any amounts that the Buyer is liable to pay for non-compliance with the obligations set out in this document.
10.4. If the Buyer does not cancel the Contract in accordance with clause 10.1 and 10.3, the Buyer shall be deemed to have accepted the Goods (except any manufacturing defects or faults) and will not be liable to return the Product(s) to the Seller.
10.5. The Seller reserves the right to cancel the Contract if one or more of the Product(s) ordered was listed at an incorrect price or quantity due to a typographical error or an error in the information received by the Seller from the Supplier(s).
11. Privacy & Data Protection
11.1 In accordance with the Data Protection Act (1998) we have electronically recorded your contact details for the purpose of processing your order, analysing statistics to improve this website and its services to you, administering this website and keeping you up to date with Mellowdays Furniture’s news and offers.
11.2 Our Privacy Policy sets out how we will use your information. By using this Website, you consent to the processing described therein and you warrant that all data provided by you is accurate and up to date.
11.3 If you object to Mellowdays Furniture keeping this information, please let us know by sending an email to contact@mellowdays.co.uk and we will delete your details.
Last modified: 22 March 2024