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Terms and Conditions

Welcome to the Terms and Conditions for the use of the msharifandsonsfurnishers.co.uk website. The Terms and Conditions stated refer to the use of the website, purchases made via the website, telesales and within the M Sharif and Sons department stores. These Terms and Conditions apply, between you the User of this website (including any sub-domains, unless expressively excluded by their own Terms and Conditions) and M Sharif and Sons these are Terms on which we sell all Goods to you. By ordering any of the goods, you agree to be bound by the Terms and Conditions. Please ensure that you have read these Terms and Conditions carefully and understand them before placing an order, as they affect your legal rights. Your decision to comply with and be bound by these Terms and Conditions is deemed to occur on your first use of the Website.
If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

• User/s means any third party that accesses the website
• Consumer means an individual who purchases goods or services.
• Contract means a legally-binding agreement between you and us for the sale and purchase of Goods.
• Delivery Location means the supplier’s premises or other location where the Goods are to be supplied, as set out in the Order.
• Goods, means any Goods that we supply to you, of the number and description set out in the Order.
• Order means the Customer’s order for the Goods from the Suppliers as set.
• Working day/Business day means any day other than Sunday, Bank holiday, and/or any religious holiday.
• The Headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
• Words imparting the singular number include the plural and vice-versa.

When registering on the M Sharif and Sons website you are agree that:
• You will provide all requested information and ensure that it is accurate and up-to-date information.
• It is imperative that M Sharif and Sons are informed immediately of any changes to information that you provide when registering by updating your personal details to ensure that we can communicate with you effectively.
• You will ensure that false or illegitimate data is not used and will warrant not impersonating anyone.

Customer/User Status
When placing an order through our website you accept that:
• You’re minimum age is 18 years.
• You can legally commit to a contract.
• You agree not to use false information or impersonate anyone.

• We ensure that goods are delivered within a good condition.
• The company cannot take liability for general wear and tear, deliberate damage, accidental damage, negligence, use of goods in a manner which is not recommended by the seller or manufacturer, not following the instructions stated by the seller or manufacturer, or for modifications and repairs made without written consent from the supplier.
• The description of the goods is as set out in our website and/or catalogues.
• Consumers must be aware that photographs and descriptions that are provided by the supplier and third parties involved, provide an estimated idea of the Good.
• In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate. Basis of Sale
• The description of the Goods in our website and catalogues does not constitute a contractual offer to sell the Goods.
• When an offer has been made, we can reject it for any reason, although we will try to provide a valid reason without delay, which may be due to running out of stock or resources, a price or description error, inability to obtain payment or other genuine and fair reason.
• A contract will be formed for the Goods ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or if earlier, the Suppliers delivery of the Goods to the Customer.
•No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and Supplier in writing.

• We always honour the manufacturers guarantee where offered, please contact us for further information regarding specific goods.

Price and Payment
• We will invoice you the price either:
a. On or at any time after delivery of the goods; or
b. Where the goods are to be collected by you.
• You must pay the price using credit/debit card online when placing the order. When ordering in store credit/debit cards can be used and/or cash in pounds, or otherwise according to any credit terms agreed between us.
• The price of the Goods and any additional delivery and/or other charges for each of the Goods is set in our price list current at the time of the Order or any such price that we agree with in writing.
• Prices and charges include VAT at the rate applicable at the time of the Order, so that if the rate of VAT increases before acceptance of the Order. Then we will only increase the price or charge by the amount of that increase if you agree, otherwise we may reject the Order and promptly inform you of this.
• You must make payment even if delivery has not taken place and/or that the title in the goods has not passed to you. • You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or before delivery of the Goods.

Cancellation Policy
• You have the right to cancel your order before delivery or within 14 days of delivery in accordance to the Consumer Contracts Regulation 2013. If you wish to exercise these rights then you will be required to make this request in writing before the delivery of goods or within 14 days of delivery.
• We will provide you with a refund of the good/s on the condition that we are satisfied that those goods are within the condition that the goods were provided in and remain within unassembled where applicable and within the original packaging.
• You will be responsible for returning the goods, M Sharif and Sons recognise that not all customers have the means or facilities to return goods, Therefore customers can arrange collection with us during normal business hours. In such an instance a charge of a minimum of 20% of the good/s will be requested, this will be dependent upon such circumstances as availability of driver availability of vehicle, your location and the complexities of removal of goods.
• If you decide to return goods then you are responsible for ensuring that goods are taken care of. You will be placed liable for any damage to goods; failure to effectively care for the goods may lead to a claim against you.
• In order to ensure that goods are within the required condition and to prevent the possibility of claims against you please ensure that goods have not been used and remain within original packaging.
• Please note that your right to cancel goods does not apply to the following unless they are defective or do not reflect their description:
a. Made to measure or personalised items
b. Ex- display items
c. Clearance items
d. Mattresses which have been removed from its original packaging. A clear wrapper is applied to all mattresses, enabling inspection. Due to the intimate nature of such products the removal of packaging will result in this product becoming unreturnable.

• In the occurrence of a cancellation of an order all effort will be made to ensure that a refund is provided within 14 days of cancellation, via the original method of payment.
• In the unlikely event that you decide to return a good, please contact us via one of the following methods:
Customer Services 
In store: 423-429 Dudley Road, Winson Green, Birmingham, B18 4HD Or Tel: 0121 558 9958 Tel: 07711403060 Fax: 01215589958 Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
A company representative will provide you with the appropriate support and advice. Please ensure that you have all information in regards for the return of the goods, in order to ensure efficient refund process.

• We will make arrangements for delivery of the goods to the address specified in the quotation, or your order or another location we agree in writing.
• Free assembly is applicable to some customers.

• It is crucial that you inform us of any difficulties or restrictions to the property where the goods are delivered to. If there is a need to remove windows or doors this may incur an additional cost.
• Please ensure that your designated adult is available to accept delivery, with suitable ID (if delivery drivers request in order to avoid fraudulency).
• Subject to the specific terms of any special delivery service, delivery can take place any time of the day and must be accepted between any times between 8am to 8pm.
• If you do not take delivery of the goods we may, at our discretion and without prejudice to any other rights:
a. Make arrangements for the redelivery of goods and will charge you for the cost of redelivery.
b. After 10 business we may resell or otherwise dispose of part of all of the goods and charge you for any shortfall below the price of the good/s.
• If redelivery is not possible as set out above, you must collect the goods from our premises and will be notified of this. We can charge you for all associated costs including but not limiting to storage and insurance.
• Any dates quoted for delivery are approximates only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of goods that is caused by a circumstance beyond our control or failure to provide us with adequate delivery instructions, proof of identification or any other instructions that are relevant to the supply of the goods.

Inspection and Acceptance of Goods
• Acceptance of the goods will be deemed upon the inspection of them by you/ the designated individual accepting the delivery of the goods.
• You must inspect the goods on delivery or collection.
• If you identify any damage or shortages you must inform the delivery driver/sales assistant promptly when goods are delivered/collected. Once this opportunity has passed the company will not accept liability for any damage of goods.
• The risk will pass onto you upon completion of delivery.
• We will be under no liability or under further obligation in relation to the goods if:
a. You fail to provide notice; and/or
b. you make any further use of such goods after giving notice under the clause below relating to damages and shortages; and/or
c. the defect arises because you did not follow our oral or written instructions about the storage, installation, use and maintenance of goods; and/or
d. the defect arises from normal wear and tear of the goods; and/or
e. the defect arises from misuse or alteration of goods, the wilful damage, negligence, or any other act by you, or any other third party.

Risk and title
• The risk in the goods will be passed to you upon completion of delivery.
• The title to the goods will not pass to you until we have received payment in full (in cash or cleared funds) for: a. The goods; and/or b. any other goods/services that we have supplied you in respect of which payment has become due.
• Until title of the goods have passed to you, you must:
a. Hold the goods on a fiduciary basis as our bailee; and/or
b. store the goods separately and not remove, deface or obscure any identifying marks or packaging on or relating to the goods; and/or
c. keep the goods in a satisfactory condition.
d. As long as the goods have not been resold, or irreversibly incorporated in to another product, and without limiting any right or remedy we may have, we can at any time ask you to deliver up the goods, and if you fail to do so promptly, enter any of your premises or any third party where the goods are stored in order to recover them.

• We can terminate the sale of goods under the contract where: a. You commit a material breach of your obligations under these Terms and Conditions; b. you are or become, or in our reasonable opinion become the subject of a bankruptcy order or take advantage of any other statutory provision for the release of insolvency debtors; c. you enter into an involuntary arrangement under part 1 of The Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or d. any proceedings connected to your insolvency or possible insolvencies. Limited Liability
• Our liability under the contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this cause.
• Subject the clauses in Inspection and Acceptance and Risk and Entitlement, all warranties, conditions, or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
• Our goods are provided for domestic or private use; therefore we will not be liable for any loss of profits; loss of anticipated profits; loss of business; loss of reputation or goodwill; business interruption; or other third party claims.

• All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a dually authorised officer of the party).
• Notices will be deemed to be have duly given:
a. When delivered; or
b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated; or
c. on the seventh business day following mailing, if mailed by national ordinary mail.
• All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number. How a contract is created between the customer and M Sharif and Sons
• When the customer places an “order” for goods, this is recognised as an offer to purchase goods and/or services from us. All orders are dependent upon the acceptance by us, to which we have the discretion to accept or decline. An acceptance of an order will be registered, by the company responding with an order confirmation e-mail. A contract between us is created when order confirmation e-mail is sent.
• We may at any time choose to make amendments to the website and to the Terms and Conditions. Subsequently in response to the changes incurred, the continuous use of the website (or any other part of the company) will validate an acceptance and commitments to the changes.
• Promotions can be altered and extended at any time.
• In the unlikelihood that there are any inaccuracies within the M Sharif and Sons website, we will make every effort to ensure that those amendments are made within a reasonable period. General
• In order to provide you with best service, we may monitor or record calls for training purposes.
• These Terms and Conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of the publication. Users should check the Terms and Conditions regularly to ensure familiarity with them.

Damage to Computer
• Whilst M Sharif and Sons endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and ICT equipment. Availability of the Website and disclaimers
• M Sharif and Sons accepts no liability for any disruption or non-availability of the Website.
• M Sharif and Sons reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise. Circumstances beyond M Sharif and Sons control
• M Sharif and Sons will not be made liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond their reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, earthquakes, act of terrorism, acts of war, governmental action, or any other event that is beyond the control of the party.

• If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unforeseeable, that/those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable). Whole Agreement The terms and conditions within this agreement reflect the relationship between you and M Sharif and Sons. Any alterations to these Conditions must be presented in writing and signed by all parties involved in order prevent any problems regarding M Sharif and Sons and your obligations. Law and Jurisdiction
• These Terms and Conditions are governed by and interpreted in accordance to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.

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