NATIONAL MAIL ORDER NUMBER 01823 337766 or 08453665824 or 08007311168   sales@thefoamshop.co.uk

Terms and Conditions for Mark Harris Upholstery Ltd ( Co Reg 6726630)

Terms and Conditions


You will only be able to place your order once you have accepted our standard terms and conditions Internet and telephone are orders are subject to the same terms and conditions. 

BEFORE YOU PLACE YOUR ORDER PLEASE REFER TO THE DELIVERY TIMES TAB  ON THE LEFT OF ANY WEB PAGE FOR THE DISPATCH SCHEDULE RELIANT TO YOUR ORDER. ORDERS PLACED AND IN THE PRODUCTION CYCLE CAN NOT BE CANCELLED. 

Please take note of all the help provided in the left hand menu  as to production tolerances, recycling and joining policy.  

Upon receipt of your parcel you should fully unwrap it as soon as its received and allow the foam for 24 hours to settle before you check the sizes. We allow a further 24 hours to notify by email any errors. It is really important that you observe this requirement.  Foam being a porous material can permanently shrink or compress if left wrapped for prolonged periods. Large foam sizes may be folded for carriage.  

All orders to thefoamshop.co.uk (online) or Mark harris Upholstery Ltd (thefoamshop ) telephone mail-order are subject to the following terms and conditions. Please note Some order are subject to distance selling Regulations. These are your statutory rights and are not subject to any variation by us what so ever. However all bespoke items are exempt and are subject to our terms and conditions listed below 

Instant Quote Shape Menu;

Please take great care when choosing your required shape. Errors can occur is you attempt to manipulate the shape outside the shapes calculation parameters.   We can only supply foam to the shape and size provided in the A,B,C,D fields For shapes other than those displayed in the Shape menu carousel, please contact the sales department for a price.

For example if you require a foam circle please do not order a square then give instructions to cut it as a circle  

Foam Grade Substitution;

We may without notification substitute the grade of foam chosen by the customer . The substitute will be the same firmness or density however the colour may differ .


Consumer Contract Law   See info provide by Which click link and scroll down for exemptions 

Orders of made to measure items are exempt 
Orders of stock items Your Statutory rights are unaffected. Customers wishing to return stock items under distance selling regulation must do so at their own expense.  

For stock items (not foam cut to size)

You can cancel your contract at any time up to 7 working days after the day of your order is dispatched or  received .  To do this, please e-mail us or write to us. Any memory foam products must be returned in the  original Packaging. Memory products are double wrapped the internal poly wrap acting to protect the item contamination thus  insuring  the product reaches the customer in a perfect  hygenic  condition   . We do not accept the return of memory products that have been used for hygiene reasons. Topper, pillows & mattresess are UV use tested upon return 


If you cancel, you must return the goods to us at your own expense.

Cancellation of bespoke foam orders: 

Once placed orders can not be cancelled  (your statutory right uneffected) We do not accept cancelations, if as a result of delivery delays caused through disruption to the normal workings of the freight carriers eg. Industrial action, poor weather conditions and any other circumstance that may prevent a timely delivery out of the control of Mark Harris Upholstery ltd. Customers are required to contact the carrier upon receipt of 
missed delivery calling cards immediately. We will at our discretion cancel orders without notice in the event of any abusive behavior towards any members of staff assisting customers with their order. Customers are reminded that is is their responsibility to check that the foam ordered is suitable for the application for which it is being used . Orders placed on the condition that they are to arrive on a specific date or time must be accompanied by an email conformation from Mark Harris Upholstery Ltd as this is a variation of our normal delivery terms. 

Cancellation of Easy Refill Service:

Once orders are placed they can not be cancelled under the provisions of the consumenr contract regulations as bespoke items and our Fit to cover proceedure is such that the foam and dacron will be cut and applied before covers arrive to be fitted.  This proceedure is to reduce the time in which customet are without the covers due to the drying time of the glue used to bond the foam and dacron.  


Re-stocking charge: 

All stock item orders  may be cancelled prior to dispatch  or within 7 days of receipt, the cost of Distance Selling returns is borne by the customer. Bespoke made to measure orders can not be cancelled at any time. However exceptions can be made any refund due will be less out bound delivery charge and will be subject to a 50% restocking charge. 

Charge backs;

Please do not instigate charge-backs until you have completed our complaints procedure. We reserve the right to recover our costs in relation to charge-backs even if they are successful as often card companies apply rules that my not reflect consumer contract law. Our fee for defending a charge back is £60 per charge-back other fee may apply.  Customer who abuse the charge back procedure should understand that we reserve the right to make a charge of £60 per ever instance of intervention this includes but is not limited to Phone calls, texts, emails, preperation for impending litigation 



Dispatch  times : See Delivery info  tab on the left of any web page

All published dispatch  times can be subject to change due to circumstances beyond our reasonable control including but not limited to Poor weather, keys Staff Sickness (in the case of upholstery services) delays in raw materials. Orders can only be cancelled if a specific delivery timescale  has been agreed between the company and you the customer at the time the order was placed  . This must be in the form of a confirmed email   (example; Order number 12345 must be delivered on or before a certain date. ) No contract exists in respect of delivery times between the company and the customer   Dispatch times are only as a guide however 95% of orders are dispatch early  or on time . 


Credit or Debit card fraud:

PLEASE READ THE FOLLOWING AS IT FORMS PART OF A BINDING CONTRACT 


Please ensure that when placing your order using a credit/debit card that the Information you provide in the billing address matches that of the address to where the card is registered 

When paying by credit or debit card we expect to receive a complete data match .This Card long number, Expatriation and, or valid from date, Security code, Postcode numbers and house name or number. Your payment will clear however with just the first three listed above. We reserve the right to hold goods prior to delivery in the event that we do not receive a perfect data match . At the discretion of Mark Harris Upholstery ltd we may require extra validation such as recient  utility bill, copy drivers licence etc.  We accept no liabilty what so ever in the event of delivery delay nor will we accept any cancellation of orders as a result of our card security screening protocols  

In the event that the payment address and the delivery address you provide don't match. We will be unable to release orders for dispatch unless we are able to verify the billing address provided at the point of sales. You may be required to provide a copy of  utility bill  or some other proof of residence at the payment address. We will not accept cancellation of orders or claims of consequential loss for any delays caused in the dispatch of goods on order. Please note this requirement is a binding contact between you the buyer and Mark Harris Upholstery Ltd having accepted our terms and conditions   

Consequential loss:

No liability is accepted for consequential loss in respect of damaged, missing or late deliveries negligence how so ever caused Including, but not limited to the return of customers property or errors of any kind made by the carrier, Notification of delivery , I.T. failures of any kind and all reasonable circumstances beyond our control. In the unlikely event that customers covers should go missing as a result of but not limited to the actions of the carrier . We are unable to accept any consequential liability. Our liability will be limited to the carries general terms of carriage.  Mark Harris Upholstery ltd reserves the right to cancel customer orders and accepts no consiquential loss for any inconvienience how so ever caused.    

Damage :

No liability is accepted in respect of damaged goods unless our terms and conditions are met in full .  
All delivered items must be checked for damaged packaging upon arrival and the delivery note marked as damaged before you sign . Please  report damaged goods  to Mark Harris Upholstery ltd within 24 hours by email  or phone .In the event of missing or damaged items Please fully unwrap your items upon delivery for inspection.  Please return any damaged items for inspection We will of course refund your reasonable postage expenses in the event that the item/ items prove to be damaged or faulty in transit. In the case of large orders we will arrange return carriage for you.Customer must be available to facilitate collection within 7 working days complaint.   Whilst we will  rectify any damage we are unable to offer a refund for bespoke items ( your distance selling rights remain unaffected)  Please note damage most often occurs if deliveries are unsuccessful due to non response to calling cards etc. 
No orders made to measure may be cancelled due to damage in transit beyond our control nor can orders be cancelled due to proceeding delay in replacing damaged goods . Replacements can only be sent once damaged items have been returned . We reserve the right to cancel orders that have been damaged in transit.

Clearance Sales :

Foam  specially discounted due to stock clearance,  my not be covered under the distance selling regulations if it requires cutting to your specification. Clearance lines not requiring any intervention are covered under the distance selling regulations. Clearance Line  may have some slight damage and Light penetration. These items are bought sight unseen.   

Stockinette Damage:

Stockinette can be damaged as a result of careless handling. Great care must be taken when handling items that have stockinette fitted .  Please note it is the nature of this product to catch,snag and ladder with no  effect on the products performance.  DO NOT ORDER STOCKINETTE IF YOU ARE UNABLE TO ACCEPT THE ABOVE LIMITATIONS.    

RETURNED ITEMS;

The customer is required to take all possible care to return items in such a way to prevent any further damage. We require that all returned items must be sent on a service that can be tracked from collection to delivery. Proof of delivery may be required for goods  being returned for credit .  Mark Harris Upholstery ltd accept no liability under any circumstances for lost or missing items where delivery is arranged by the customer returning goods. Customers wishing to return goods under the Distance Selling Regulations must do so at their own expense .   

MISSING  ITEMS 

Please notify us of any missing items within 48 hours of receipt

Terms of carriage 

It remains the responsibility of the customer to make themselves available to receive delivery of their order and that they have chosen the correct delivery tab. Delivery times are available here  Failed delivereries resulting from customers not making themselves available may be retruned to us by the carrier if this is the case the customer will be expected to pay for the return to us and a further delivery. We will make all reasonable efforts to contact customer and advise delivery schedlue Click here for details of our notification proceedure. Bespoke orders will not be shipped until the correct postage is paid. Customers will not have the option to cancel bespoke made to measure orders. Stock items are unaffected    Customers are required to check either email or text notifications as to delivery date and time from the carrier.  Customers failing to make themselves available  are liable for any cost incurred by Mark Harris Uph Ltd in respect of parcels returned to the sender and the subsequent re delivery costs.  Storage of returned orders is chargeable at £1.20 inc vat  per parcel per day.  

Subsequent parcel damage after failed attempted delivery  remains the responsibility of the purchaser   

International Deliveries:

We have no mechanism to check if the correct postage has been applied prior to dispatch. Customers using the UK Delivery tab at the check out are liable for an increased delivery charge if their goods are to be sent to the EU  Orders can not be cancelled in these circumstances. 

  
Customer error

Any orders placed in error by the customer must be amended before production in the event that goods have been produced to an incorrect specification remain the responsibility of the customer. We will accept returns in exceptional circumstances, however we will apply a re-stocking fee of 50% of the original price paid. We will also deduct our outbound delivery charge from any refund due.   It remain the responsibility of the customer to choose the best foam that suits there purpose. Comfort and firmness are subjective concepts and so in these matters no responsibility rests with the supplier Mark Harris Upholstery Ltd.  


Alterations:

Prior to dispatch we can effect alterations to size and thickness however we are unable to refund any size differential however we may charge should the adjusted dimensions increase the volume of the order 


Our error

If you believe your items to be incorrect, please fully unwrap your purchase as foam can compress if left wrapped for prolonged periods.  Please allow 24 hours before reporting any error in sizing to allow the foam to settle Please report all errors by email only. 

In the unlikely event that we make an error we will endeavour to resolve the matter swiftly, however in regard to goods to be returned we are unable to arrange collection for items that can be returned via the post office. We can only arrange for collections of oversized items or order values of over £120  In the case of incorrect sizes we will require verification  before we can credit or replace. verification my require the incorrect item to be returned. or in some circumstances a photo is acceptable 

Simply return the incorrect items for a refund of the total price paid. Plus your resonable cost of return postage .

Advice given:

We are always happy to give advice in respect the correct foam for any specific application.  Please note  matters of comfort/firmness are subjective. We can not be held responsible if the comfort or firmness that does not meet your expectations. We will at our discretion allow customers to return unwanted purchases.  50% restocking charge applies. 

Foam smell.

All foam when freshly cut can have a distinctive odourr that will very quickly disperse if aired in a well ventilated room . Returns due to smell are only accepted in limited circumstances

Discolouration:

All foam is highly photo sensitive and will discolour quickly due to UV Light penitration. This is normal and will not effect the performance of the product in anyway. The discolouration can be extensive of very localised.  Blue foam will turn Green , White foam will Yellow , Yellow foam can have a Brownish colour. Grey foam will turn  Yellow/Green. No cancellations will be accepted on the grounds of discoloration .  

Missing items:

The responsibility to report missing item lies with the customer. Items not delivered during the listed delivery time must be reported with in 14 days from the end of the published dispatch period.

 Please note we will try if possible to honor requests for items to be left without signature however this is done at the customers own risk and at the discretion of the delivering driver.

Mark Harris Upholstery Ltd can not be held responsible for any consequential loss arriving from non delivery of goods  

Disputed Proof of delivery;

If you dispute your Proof of delivery you must have contacted us within the 14 day missing parcel period to make such a claim. 

Predicted Delivery Notifications:

Customers who choose to arrange for goods to be left without signature or in a safe place via the email or text notification system from any carrier used by Mark Harris Upholstery ltd. do so at there own risk . Mark Harris Upholstery ltd accepts no liability of any financial loss or consequential loss for any items that go missing.  Mark Harris Upholstery ltd require the safe delivery of goods to your door and all goods to be signed for 


Distance selling regulations:


Refused Delivery:

If we receive goods back for any reason where delivery has been refused without prior consent. The returning items being sent on our original outbound consignment. We will deduct the cost of the return postage and 50% of the order value. In respect of any credit due.

 Goods returned under the distance selling regulations.

 its remains the responsibility of the buyer to return the goods   


DISPATCH :


Standard thickness items 2.5cm, 5cm, 7.5cm, 10cm &12;.5cm   1 to 7 working days  

None standard thickness items 1 to 14 working days


Non EU VAT

We have an option for the removal of Vat form your order This in only valid for orders outside the EU. Clicking this option in the UK is not permitted under any circumstances. We do not accept any cancellation or give refunds of orders placed  as a result of this action. Goods will be cut but will not be shipped until the VAT is Paid in full   

We do not offer VAT exemption for the disabled as our product are not only exclusivly available to disabled customers 





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