This page contains information on the terms and conditions for purchases from Fosters Furniture. By using or accessing this website and/or placing any order(s), you agree to be legally bound by these terms and conditions.

Business Policies
All orders are subject to our full terms and conditions (below). Nothing in these conditions affects your statutory rights as a consumer.

Standard Conditions of Sale:

1. Definitions:
1.1. "Buyer" means the person who buys or agrees to buy the Products from the Seller.
1.2. "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3. "Delivery Date" means the date specified by the Seller when the Products are to be delivered.
1.4. "Products" means those goods specified.
1.5. "Price" means the price for the Products including carriage, packing and VAT.
1.6. "Seller" means Your Department Store Ltd.
1.7. "Consumer" shall bear the meaning ascribed in section 12 Unfair Contract Terms Act 1977.

2. Conditions:
2.1. Nothing in these conditions shall affect the buyer’s statutory rights as a consumer.
2.2. The Seller shall sell and the Buyer shall purchase Products in accordance with any written 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 but not limited to orders placed using the Seller’s electronic online ordering service, subject in any case to these conditions, which 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 information issued by the Seller shall be subject to correction 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 does not have sufficient stock to be able to deliver the goods ordered by the Buyer then the Buyer will be refunded or re-credited any sum paid to your account and will be notified at the address given by you in your order form by the Seller. The refund will be made as soon as possible and, in any event, within 30 days of your order and the Seller will not be obliged to offer any compensation for inconvenience suffered.
2.6. By placing an order using the Seller’s electronic online ordering service the Buyer is making an offer which will not become a binding contract until the order is accepted by the Seller. Taking payment from the Buyer’s credit card does not indicate acceptance of the order by the Seller. If the Buyer’s order is rejected by the Seller a refund will be issued immediately.

3. Price and Payment:
3.1. Except as provided otherwise herein, the Price shall be that as stipulated in the Seller’s published price list current at the date of order of the Product(s). Any event of an increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the contract upon written notice. If notice of price increase is given by the Seller, the Buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the Seller within seven days of delivery of the notice of price increase to the Buyer.
3.2. Payment of the Price shall be due at the date of the order. If the Buyer does not pay the Price prior to notification of shipment the Seller will suspend delivery of the Products or any further Products ordered until payment is made in full.
3.3. All payments are processed through Paypal or via a secure credit / debit payment processing system. All Buyer transaction details are protected using Secure Sockets Layer (SSL) software, and are not held for future transactions.

4. Products:
4.1. The quantity and description of the Products shall be set out in the Seller’s quotation.
4.2. 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.
4.3. Photographs are for illustrative purpose only, and may not exactly match the product itself.
4.4. Leather products are made from quality natural leather and accordingly they may not be uniform in colour or texture. Only the finest hides are selected but they will show natural marks, brands, bites, tick marks, and scars on the hide.
4.5. Wooden products are made from natural wood and accordingly appearances may vary in colour, grain pattern, texture and tone within individual items and between different items from the same range. Distressing is sometimes applied to the product and may vary from piece to piece; this may involve wood splits or cracks, marks, scars, gouges, wood filling, knots, purpose distress/scratch marks, flaking or incomplete paintwork or lacquer, or antiquing. The inherent inconsistencies in the absorbency of wooden surfaces means there may be colour variations in the finish of painted or varnished furniture. Some woods will mellow with age and exposure to sunlight. It is not unusual for wooden furniture to crack or split as the timber settles. Wooden furniture will swell in damp conditions and shrink in hot, dry conditions. This may render the furniture unsuitable for certain locations, please ensure that the furniture you choose is suitable for your home.
4.6. The Products supplied are to be used for the purpose and in the manner for which they were designed. Most manufacturers include care and maintenance advice with their products, which should be read and followed. No responsibility will be accepted for damaged unless the care and maintenance instructions have been followed. Self assembly furniture cannot be returned once assembly is part or fully completed, unless the item is found to be faulty.

5. Warranties and Liability:
5.1. All goods supplied by the Seller come with a manufacturer’s warranty of at least 12 months.
5.2. The Seller shall provide the Buyer with such information as is required to claim under the manufacturer’s warranties. In the event of a claim, the Buyer shall in the first instance contact the Seller’s customer service department.
5.3. In addition to the manufacturer’s warranty the Seller provides 3 years extended warranty cover, on all orders after 7th November 2009, for structural defects to indoor domestic furniture in his own right. This cover is effective on the Delivery Date of the Product. This cover is only applicable while the Product is within mainland GB and Northern Ireland. Please note that we will not be liable for any damage or loss resulting from repairs attempted by you or third parties without our prior consent. At the discretion of the Seller an allowance may be made for customers to arrange a local repair.
5.4. Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
5.5. These guarantees do not cover wear and tear or anything that happens gradually; the natural characteristics of Products including movement in wooden products; neglect; abuse, misuse, or mishandling of your Products; failing to follow correct care procedures including the oiling, waxing, and cleaning of furniture; the application of unsuitable coatings, polishes, abrasives or cleaning products; loss or damage due to fire, smoke, water, lightning, sunlight, weather, rusting, corrosion, theft or explosion; accidental damage unless covered under the accidental damage insurance in Clause 9; any loss or theft; damage caused by a third party; or any consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power or confiscation, nationalisation, or requisition by order of any government, public, municipal, local or customs authority.
5.6. Insofar as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you 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. Nothing in this Clause 5 affects your statutory rights as a consumer.

6. Delivery, Returns and Cancellations:
6.1. Delivery of the Products shall be made by the Seller notifying the Buyer that the Products are available for delivery to such place as the Buyer may specify at the time the order is placed.
6.2. The Seller shall use his reasonable endeavours to meet any date agreed for delivery.
6.3. In any event time of delivery shall not be of the essence.
6.4. The Seller shall not be liable for any delay in delivery howsoever caused.
6.5. All orders for delivery to addresses within mainland GB are delivered free of charge, except to PA, IV and KW postcodes where there will be a small additional charge which will be advised prior to order confirmation.
6.6. For delivery to Northern Ireland, Isle of Man, Isle of Wight, Scottish Islands and Channel Islands we will deliver free to a nominated mainland GB address e.g. a port. Onward shipping from that point is the responsibility of the customer.
6.7. Generally, where an order contains more than one item all items will be delivered at the same time once all items are available.
6.8. Where a Delivery Date has been agreed with our carrier but the customer isn’t present to receive the delivery we reserve the right to charge the customer a minimum of £25 to cover part of the cost of the failed delivery.
6.9. All Products must be unpacked and checked on delivery prior to signing the delivery documents from the delivery company. If Products have any damage they must be sent back on the same delivery van that delivers them, with the packaging back on them, and signed for as damaged. Any damage must be reported prior to the departure of the delivery drivers. The delivery company have it in their terms and conditions that they must allow you the Customer a reasonable time to check the goods, before accepting.
6.10. If Products are received damaged please call us immediately on 0800 8030692 and we will rectify the problems as soon as possible. Please do not ask our carriers to arrange exchanges without calling us as information is not always relayed back to us correctly. If an individual driver from our carriers tells you that they will report and take care of this please ignore this and be sure to call us directly. Please report damages within 24 hours of delivery. Please note we may require proof of the damage from a photograph in order to facilitate a repair, replacement or refund allowance, exchange or refund of the item.
6.11. An order may be cancelled at any time between the placement of the order and 7 days following delivery of the goods.
6.12. If the Buyer is dissatisfied with his purchase for any reason he may, within seven days of delivery, contact the Seller’s customer service department to notify them that he wishes to return some or all items from his order. The Buyer can either arrange to return the goods himself to the Supplier at his own cost or he may ask the Seller to collect the goods, in which case he will be charged £35 which will be deducted from his refund. Goods must be returned to the Seller in the same condition they were in at the time of delivery to the Buyer and in their original packaging or similar. Items which are not adequately packaged at time of collection may not be collected and a charge of £35 may be levied to cover cost of failed collection. Refunds will be issued within 30 days of receipt of goods and after we have inspected them for damage. We reserve the right to withhold all or part of your refund if items are returned damaged.
6.13. Mattresses can only be returned if they are unopened. Mattresses which have been opened and slept on cannot be returned. If you wish to test a mattress please keep it wrapped until you are sure you want to keep it.
6.14. We do not deliver on weekends or bank holidays.

7. Title and Risk:
7.1. Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
7.2. Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.

8. Insolvency of Buyer:
8.1. This clause applies if:
8.1.1. The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
8.1.2. An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
8.1.3. The Buyer, not being a consumer, ceases, or threatens to cease, to carry on business; or
8.1.4. The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
8.2. If the Clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Products have been delivered but not paid for the Price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary.

9. General
9.1. 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, accidents, war, fire, reduction in or unavailability of power at the Seller’s premises or its manufacturing plant, breakdown of plant or 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.
9.2. Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer’s address as provided to the Seller.

10. Headings
10.1. The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
10.2. Representations
No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.
10.3. Additional costs
The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.

11. Data Protection
11.1. Your Department Store Limited is a registered Data Controller in accordance with the Data Protection Act 1998 ("The Act").
11.2. For the purpose of the Accidental Damage Insurance the registered Data Controller in accordance with The Act is Harrison Beaumont Insurance Services Ltd.
11.3. Both parties will process and retain your personal data in accordance with The Act.

12. Proper law of contract
12.1. This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising determined exclusively by the Courts of England and Wales.