TERMS & CONDITIONS
These terms and conditions apply to all transactions for the sale of goods and/or services to you through our website, by email or over the telephone. Please read through these terms before placing any order with us. These terms apply to consumers only.
When you place an order with us, you agree to be bound by these terms and conditions. We may change these terms and conditions at any time as set out in section 3 below, and the amended terms will be posted on our website at www.sensed.life and are available on request.
1. ABOUT US
Sensed is a limited company registered in England and Wales under company number 12826221 at Bank Chambers, 1-3 Churchyardside, Nantwich, Cheshire CW5 5DE. Our head office is at Bonded Warehouse, 18 Lower Byrom Street, Manchester M3 4AP.
Within the context of this statement, references to “we”, “us” or “our” relate to Sensed Ltd, known as Sensed.
You can contact us by email at email@example.com by phone on 07360617553 or by post to Bonded Warehouse, 18 Lower Byrom Street, Manchester M3 4AP.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which we supply goods and/or services to you.
2.2 Please read these terms and conditions carefully, and check that the details on the order are complete and accurate, before you submit the order. For online purchases, you will have an opportunity to check and change items in your order up until the point at which you submit your order by confirming the transaction at the checkout. If you think that there is a mistake or if you require any changes to be made to your order, or if you have any questions arising out of these terms and conditions, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
2.3 When you submit an order to us, this does not mean we have accepted your order. We will notify you when we have accepted your order, at which point a contract will come into existence between you and us. If we are unable to supply you with the goods and/or services in your order (for example, where a product is out of stock), we will inform you of this and will source a suitable alternative.
2.4 We shall assign an order number to the order and inform you of it when we confirm the order. Please quote the order number in all subsequent correspondence with us relating to the order.
2.5 Our website and any catalogue or brochure are solely for the promotion of our goods in the UK and we can only deliver to UK addresses.
2.8 We cannot guarantee that the appearance and/or colours of products shown on our website, in our catalogues or in our brochures accurately reflect the appearance, finish and/or colours of the physical products themselves. Natural products may show some colour variations. All sizes quoted are approximate. Where we agree to provide a specifically designed plan, it is your responsibility to check the accuracy and suitability of the plan. If you have any questions about our products or services please call us on 07360617553.
3. CHANGES TO TERMS
3.1 We may revise these terms from time to time, for example to reflect changes in how we accept payment from you or changes in relevant laws and regulatory requirements. The date on which these terms have been amended is set out at the bottom of the page.
3.2 Every time you place an order, the terms in force at that time will apply to your order.
3.3 If there is a change to these terms which affects an order you have already made, we will notify you of such change and you will have the opportunity to cancel your order and receive a refund or confirm your order under the amended terms.
4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the goods and your address.
4.2 We will contact you with an estimated delivery date. Occasionally a delivery may be affected by an event outside our control.
4.3 Please check the goods on delivery for any defects, and please let us know as soon as possible of any defects or missing goods.
4.4 Please let us know, prior to the delivery date, of any special requirements relating to access to the delivery address. If we are unable to deliver the goods as a result of your failure to provide us with any relevant information relating to access to the delivery address, or we are unable to make delivery as a result of there being nobody available to accept delivery of the goods, an additional charge may apply, as set out in condition 6.1. Please let us know of any parking restrictions which may apply, as we may seek to recover from you any parking charges or fines that we incur as a result of your failure to inform us of any applicable parking restrictions at the delivery address.
4.5 Before placing your order, please check that the items of furniture you have ordered will fit through any passages, stairwells, landings and doorways. Please make sure your measurements are correct and accurate and provide us with a floorplan where possible. It is your responsibility to ensure you order the right-sized product and/or that you provide correct measurements for made-to-measure goods or floorplans.
4.6 Please ensure you cover any carpets, flooring or furniture and remove pictures and valuables from the delivery area and the route to it through your property. Whilst every care will be taken by our delivery drivers, we will not be liable for any damage to your property caused by your failure to provide a clear access route to the delivery location. We are also not responsible for any pre-existing damage to your property. Please note there may be restrictions as to how many flights of stairs the delivery team can deliver the products. For further information please contact our team on 07360617553. We will endeavour to give as much information as possible in respect to weight and size of our products. Please inform us at the time of placing your order if other works, such as building or decorating works, are being carried out, as this may prevent us from delivering your order. If we are required to return at a later date as a result of such works, we may charge an additional fee as set out in condition 6.1.
4.7 If no one is available at your address to take delivery, we will either leave you a note that the goods have been returned to our premises, in which case, please contact us to rearrange delivery, or leave the goods with a neighbour (where you have provided instructions for us to do so), in which case we will leave you a note to let you know where the goods have been left. Please note we will not be responsible for any loss or theft of, or damage to, the goods where we have left them with a neighbour or in a safe place in accordance with your instructions.
4.8 Where goods require assembly, we shall be under no obligation to assemble or install the goods unless specifically stated in our brochure or in our agreement with you or arranged at the time of order. We may agree to do so at a later time or date by specific arrangement with you, for which an additional charge shall apply, as set out in condition 6.1.
4.9 If we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, we may deliver the order in instalments. We will not charge you extra delivery costs for this. However, if you ask us to deliver the order in instalments, we may charge you additional delivery costs as set out in condition 6.1. Each instalment shall constitute a separate contract governed by these terms. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
4.10 The goods will be your responsibility from the completion of delivery and installation if applicable. If the goods are delivered to you, delivery will be completed when the goods are delivered to you or a neighbour nominated by you to accept delivery on your behalf.
4.11 You own the goods once we have received payment in full.
5. CANCELLATIONS AND RETURNS
5.1 We are obliged to supply goods that are in conformity with the contract.
5.2 Please keep your invoice or receipt for anything you buy from us and, if applicable, any original packaging. It will ensure we can help you if you need to send something back.
5.3 Where you are a consumer based in the UK or EU and you have bought goods via our website, over the telephone or via email, you have the right to cancel your contract for any reason, until 14 days after you receive the goods. To cancel your contract, you can email Customer Services at by email at firstname.lastname@example.org, by phone on 07360617553 or by post to Bonded Warehouse, 18 Lower Byrom Street, Manchester M3 4AP, quoting your order number or invoice number, and providing your name and address. Please note that this right does not apply to made-to-measure goods or goods which are made to your specification.
5.4 You must take reasonable care of the goods until you return them or we collect them. Products must remain in the packaging in which they are delivered until collected by, or returned to, us. If you cancel your order under condition 5.3 after having received the goods, you should return the goods to us at Unit 8, Fairhills Industrial Estate, Irlam, Manchester M44 6ZQ without undue delay and in any event not later than 14 days from the day on which you notify us of your cancellation, unless we have agreed to collect them from you. You will be responsible for the direct cost of returning the goods. If you would like us to collect the goods, please contact us using the contact details in condition 5.3. There will be an additional charge for the collection, as set out in condition 6.1.
5.5 If you cancel your order and return the goods in accordance with conditions 5.3 and 5.4, we will refund the amount paid by you for the goods, excluding any charges for delivery of the goods to you. However, please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling the goods in a way which would not be permitted in shop. We will pay the refund within 14 days after the day we receive the goods from you, using the same means of payment as you used for the initial transaction. Please note that if you cancel your order on the day of delivery, the goods will already have been loaded onto the van and may already be en route. We may therefore charge an additional fee for wasted delivery costs in these circumstances, as set out in condition 6.1.
5.6 If the goods you purchase are faulty, we may offer a repair, exchange or refund as appropriate in accordance with your consumer rights. We may ask you to provide us with photos showing the fault, or we may need to inspect the product before agreeing a return or a refund.
5.7 Except where goods are faulty, or you have a right to cancel your contract, return of unwanted goods will only be accepted at our discretion and may be subject to payment of any reasonable costs incurred by us in connection with your order, as set out in condition 6.1. Where we have agreed to accept a return of goods under this condition 5.7, we will refund you any amounts paid for the goods, less the delivery charges and any other reasonable costs incurred by us in connection with your order.
5.8 Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
6. ADDITIONAL FEES
6.1 Additional fees may be chargeable in the following circumstances: if you cancel your order on the day of delivery, or we are unable to deliver the goods, or are required to make a return visit, or you would like us to collect products which you are returning due to a change of mind, we may charge you an additional fee to cover our costs. This fee will be determined on a case-by-case basis and will cover administrative and abortive costs incurred.
7.1 We will make every effort to provide and complete any services which we agree to provide to you within the timescales agreed between us.
7.2 We may need certain information from you that is necessary for us to provide the services. We may have to suspend the services if you do not, after being asked by us, provide us with information required, or you provide us with incomplete or incorrect information, and we will not be liable for any delay or non-performance caused by your failure to provide such information. If we suspend the services under this condition 7.2, you do not have to pay for the services while they are suspended, but this does not affect your obligation to pay any invoices we have already sent you or any other invoices which we send to you for other goods and/or services provided.
7.3 We may have to suspend the services if we have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the services while they are suspended under this condition 7.3 but this does not affect your obligation to pay for any invoices we have already sent you or for further invoices which we send to you for other goods and/or services provided. If you request any changes to the services, such changes will be subject to our agreement, and may incur additional fees which we shall notify you of. We shall not be required to implement any such change unless and until it has been agreed, together with any other changes to the contract (such as additional fees).
7.5 If we design any products or layout for you, we will own the copyright, design right and all other intellectual property rights in the products and any drafts, drawings, designs or illustrations we make in connection with the products for you.
8. PROBLEM WITH THE SERVICES
8.1 In the unlikely event that there is any defect with the services, please contact us and tell us as soon as reasonably possible. Please give us a reasonable opportunity to repair or fix any defect, and we will use every effort to do so as soon as reasonably practicable. You will not have to pay for us to repair or fix a defect with the services under this condition 8.1.
8.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
9. CANCELLATION OF SERVICES
9.1 If you are a consumer in the UK or EU and you have contracted with us for the supply of services via our website, over the telephone or via email, you have the right to cancel the contract for services until 14 days after the day the contract between you and us was concluded. We will refund any sums paid for the services, subject to condition 9.2, within 14 days after the date on which we are informed about your decision to cancel the contract.
9.2 We will contact you to agree the date on which we will provide the services to you. If you request us to provide the services within the cancellation period set out in condition 9.1 then you acknowledge and agree that if you cancel your contract for the services during the cancellation period, after we have started to provide the services, you shall pay us a proportion of the costs payable in total for the services, which reflects the services performed up to the time we are informed of your decision to cancel your contract. If the services are fully performed within the cancellation period, you will lose the right to cancel your contract for the services under condition 9.1.
9.3 You may cancel the contract for services with immediate effect by giving us written notice at any time if we break this contract in any material way and we do not correct or fix the situation within a reasonable number of days of you asking us to in writing, or we go into liquidation or a receiver or an administrator is appointed over our assets.
9.4 If the rights under condition 9.1 do not apply, then unless any of your other cancellation rights apply under these terms, cancellation of the services will only be accepted at our discretion. If we agree to allow you to cancel an order for services, we will refund you any amount already paid for services not performed, less any reasonable costs which are incurred by us in connection with your order.
9.5 Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
9.6 Any further terms and conditions in relation to services due to be provided will be set out in the contract issued to you and must be read in conjunction with these general terms.
10. PRICE AND PAYMENT
10.1 The price of the goods will be the price set out on our website, displayed in our brochures or as otherwise notified to you at the time we confirm your order, and in the case of services, will be the price notified to you. Our prices may change at any time and changes will be notified to you if that is the case.
10.3 Pack prices on our website include VAT unless otherwise stated. Services are always quoted exclusive of VAT at the appropriate rate and VAT will be added onto the invoices issued/
10.4 Delivery costs will be as stated on individual items or as notified to you.
10.5 It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. If the correct price of the goods is higher than the price stated on our website, we will contact you for your instructions as to whether you wish to proceed with the order at the correct price. If we have accepted your order and the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we may end the contract, refund any sums paid for the incorrectly priced goods, and require the return of any goods provided to you.
10.6 Payment for goods is required in advance. We accept payment by most credit and debit cards. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
10.7 We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment as part of your order.
10.8 Where we are providing services to you, we may ask you to make an advance payment towards the services. Unless otherwise agreed, we may invoice you for the balance of the price of the services weekly until the services are completed. You must pay each invoice in cleared monies within 7 calendar days of the date of invoice by credit card or debit card or other payment methods that we agree to accept.
10.9 If you do not make any payment due to us by the due date for payment, we may suspend the provision of any services to you and/or charge interest 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, on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. However, if you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, the right to charge interest under this condition will not apply for the period of the dispute.
11. OUR LIABILITY TO YOU
11.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
11.2 We shall not be liable for: (a) any property damage sustained during delivery, assembly or installation of the goods, unless you notify us of such damage at the time of delivery or within a period of 7 days following delivery and provide satisfactory evidence that such damage was caused by our negligence and give us a reasonable opportunity to inspect such damage; or (b) any damage to possessions resulting from your failure to move them to allow sufficient access for us to deliver, assemble and install the goods; or (c) the cost of repairing any pre-existing faults or damage to your property.
11.3 We shall not be liable to you for any delays or inability to deliver, assemble or install the goods and/or to provide the services that result from inadequate access or facilities at the delivery address.
11.4 We only supply the goods and/or services to you for domestic and private use. You agree not to use the goods and/or services for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.5 We do not exclude or limit in any way our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, fraud or fraudulent misrepresentation, breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession), breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples), and defective products under the Consumer Protection Act 1987.
12. EVENTS OUTSIDE OUR CONTROL\
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an event outside our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or utility service.
12.2 If the performance of our obligations under these terms is prevented, affected or delayed by an event outside our control, we will contact you as soon as reasonably possible to notify you, and our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of such event. Where the event outside our control affects our delivery of goods to you, we will arrange a new delivery date with you after such event is over, and where such event affects our performance of services to you, we will restart the services as soon as reasonably possible after the event is over.
12.3 You may cancel the contract by giving us written notice if an event outside our control takes place and you no longer wish us to provide the goods and/or services, and in the case of goods, would result in the goods being delivered later than (i) 30 days after the date of acceptance of your order, unless otherwise agreed with you, or (ii) the delivery timescales notified to you at the time of order, where such delivery timescales were longer than 30 days, unless otherwise agreed with you. If you do so, you will be entitled to a refund of any payments already made in respect of goods not delivered or services not provided.
13. OUR RIGHTS TO CANCEL
13.1 If we have to cancel an order for goods (including made-to-measure goods) and/or services before the services start or the goods are delivered, for example, due to an event outside our control or the unavailability of stock then we will promptly contact you, and if you have made any payment in advance for services that have not been provided to you, or goods that have not been delivered to you, we will refund these amounts to you.
13.2 We may cancel the contract for services at any time with immediate effect by giving you written notice if you do not pay us when you are supposed to as set out in condition 10.9, or you break the contract in any other material way and you do not correct or fix the situation within 7 days of us asking you to in writing. This does not affect our right to charge you interest under Condition 10.9.
14. OTHER IMPORTANT TERMS
14.1 If you have any complaints or wish to contact us for any reason, you can contact us by email at email@example.com, by phone on 07360617553 or by post to Bonded Warehouse, 18 Lower Byrom Street, Manchester M3 4AP.
14.2 If we have to contact you, we will do so by e-mail, telephone or by post to the address or using the telephone number you provide to us in your Order.
14.3 We may transfer our rights and obligations under these terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
14.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.5 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.
14.6 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.7 These terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
These terms were most recently updated on 11th August 2022.