TERMS & CONDITIONS
TERMS OF BUSINESS
1.1 What these terms cover.
This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions on which we sell any of the products listed on our website to you. These are the terms and conditions on which we supply products to you and apply to any contract between us for the sale of Products to you (Contract).
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you refuse to accept these Terms, you will not be able to order any Products from our site. These terms form a legally binding agreement between you and us.
We reserve the right to amend these Terms and any document referred to in these Terms at any time. You are expected to check this page and its linked pages from time to time to take notice of any changes we make as they are binding on you.
2.1 Who we are.
www.pavilionbroadway.co.uk is a website operated by Pavilion Broadway Limited (“we”, “our”, “us”) a company registered in England. Our company registered office is at 62 High Street, Broadway, Worcestershire WR12 7DT. Our company registration number is 09791464 and our registered VAT number is 111 350825
2.2 How to contact us.
You can contact us by telephoning our Customer Service Team or by writing to us as follows:
Opening Hours: Monday to Saturday: 09.00 - 17.30, Sunday 11.00 – 16.00
Phone: +44 01386 711 512
Write to us at our registered address: 62 High Street, Broadway, Worcestershire, WR12 7DT
2.3 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails.
When we use the words "writing" or "written" in these terms, this includes emails.
3.1 Why you should read them
Please read these terms and conditions carefully before using the Pavilion Website. By accessing or using the Pavilion Website you agree to be legally bound by these terms and conditions as they may be modified and posted from time to time. If you do not wish to be bound by these terms and conditions then please do not use the Pavilion Website.
3.2 Protection of account login details
(a) When you register with the Pavilion Website, you will be required to choose a contact email address and password. You are responsible for all sessions and transactions taken under these details. You should keep your password safe and not disclose it to anyone. You should change it immediately if you feel it has been compromised.
(b) If any of your details change, such as your credit card billing address, you must inform Pavilion Broadway as soon as possible. You may update your details by signing into your account on the Pavilion Website, and update the relevant section.
(c) Pavilion Broadway is not responsible for any loss or damage caused by personal information, which is incorrect at the time of use.
We will never ask for personal details via email. If you receive an unsolicited email asking you for your log in details or any other such information, please contact our Customer Service Team on 01386 7112512 immediately.
3.4 Your obligations.
Your account is for your personal use only. You may not authorise others to use your account or attempt to use another member’s account without first obtaining their consent. You must not assign or otherwise transfer your account to any other person or entity.
You are solely responsible for you own actions and those of anyone using your account, and assume all liability regarding: (i) the information and content you or anyone using your account, submits on your behalf; and (ii) the information and content you or anyone using your account posts, transmits, publishes, or otherwise makes available through our site.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Attn: Adrian Ewart, 62 High Street, Broadway, Worcestershire, WR12 7DT
We may alter these terms and conditions from time to time and post the new version on the Pavilion Website, following which all use of the Pavilion Website will be governed by that version.
If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from them and shall be deemed to be deleted from them.
3.6 Our Rights
We reserve the right to:
(a) Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
(b) Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
3.7 Your warranties
When you visit our site and/or submit an order you warrant and represent that you:
(a) Are over 18 years old;
(b) Are using a payment card (credit or debit card) that is your own and that there are sufficient funds in your account to cover payment of the Product(s) ordered;
(c) Have provided all the information requested to submit an order;
(d) Only provided information that is truthful, complete, accurate and up to date;
(e) Will use the site in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs of the country in which you live;
(f) Are fully responsible for all use of your account and for any actions that take place using your account whether by yourself or any other person using your account.
3.8 You further warrant and represent that you will not:
(a) Access or use the site from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs of your jurisdiction;
(b) Impersonate or otherwise misrepresent affiliation, connection or association with, any person or entity;
(c) Provide any information including payment card details that are misleading or fraudulent;
(d) Interfere or disrupt networks connected to the site or attempt to interfere with the proper functioning of the site;
(e) Access data not intended for such user or logging into a server or account which the user is not authorized to access;
(f) Attempt to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the site without proper authorisation; nor
(g) Attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, “flooding”, “spamming”, “mail-bombing” or “crashing” or otherwise attempting to deny service to the site or the server of any user.
4.1 Who the contract is with
Any contract for purchases made through the Pavilion Website will be with Pavilion Broadway, whose trading address is 62 High Street, Broadway, Worcestershire, WR12 7DT
4.2 Forming the contract
You can place orders for Products with us by following the process outlined on our site. You acknowledge that by placing an order with us you have entered into a contract and you will be under an obligation to pay for the Products in that order.
4.3 Before placing an order
Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room and are compatible with your other furnishings, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
4.4 Bespoke Products
By placing an order for a non-standard, customised, made-to-order or special order Product with us, including but not limited to furniture, bespoke cabinetry and installations, wallpaper and fabric orders, you are deemed to have considered the factors listed above and any others that might affect the order, and accept that you are entirely satisfied that it is the correct product for you. You will not be able to change the order once the item has been entered into production.
Please note that our usual exchange and refund policy does not apply to non-standard, customised, made-to-order or special order Products, including but not limited to; furniture, bespoke cabinetry and installations, wallpaper and fabric orders, which cannot be returned or exchanged unless faulty.
4.5 How we will accept your order.
Pavilion Broadway must receive payment of the whole of the price for the goods that you order before your order can be accepted and the contract formed. Once payment has been received Pavilion Broadway will confirm that your order has been received by sending an acceptance email to you at the email address you provide in your registration form.
Pavilion Broadway’s acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract. You will receive a second email when the goods have been dispatched from our warehouse.
4.6 If we cannot accept your order
If we are unable to accept your order, or if your Products are not available or subject to delay, we will inform you of this in writing as soon as possible. This might be because the manufacturer is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified, but is not limited to such circumstances. If you have already paid for the Product, we will credit any payments made in full as soon as possible.
If Pavilion Broadway has insufficient stock to deliver the goods ordered by you, we will notify you as soon as possible and any sum debited by Pavilion Broadway from your credit card will be re-credited to your account and Pavilion Broadway will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. Pavilion Broadway will not be obliged to offer any additional compensation for disappointment or loss suffered.
Please note: we endeavour to bring our customers the best value we can, but please remember stocks are limited and subject to availability. We update our website as quickly as we can to minimise disappointment. The process of updating our website when goods have sold out can take a few hours to update. Please note that the price the goods are offered for tender are as displayed in the Shopping Basket.
4.7 Paying for your order
(a) We accept online payment in an encrypted, secure environment by credit card.. We currently accept Visa, Mastercard, Delta, Maestro, Switch, American Express and PayPal. All prices quoted on our website are quoted in pounds sterling (£) and where appropriate are inclusive of UK sales tax (VAT) at the current rate. All transactions are made in GBP pounds sterling (£).
(b) Goods remain property of Pavilion Broadway until the purchase is confirmed by a representative of Pavilion Broadway and the goods are paid for in full.
4.8 Interest Free Finance
Pavilion Broadway are pleased to offer our customers the option to purchase goods online using a simple monthly payment plan with no applied interest, on all basket values over £625. This service is provided by our finance partners, Hitachi Capital UK Plc., and to take advantage of this method of payment, the following criteria must be met:
(a) To apply for finance, you must be over the age of 18, work at least 16 hours a week in a permanent job, or be retired with an income. You must also be a resident of the United Kingdom and have lived in the UK for the last 12 months or more. Unfortunately, Hitachi Capital and subsequently Pavilion Broadway are unable to offer online finance to residents of Eire. Homemakers aren't excluded from applying under their own names; however Hitachi Capital will require the employment details of your spouse in order to process your application.
If you wish to take advantage of this payment method, click on the ‘Pay By Finance’ button in your Shopping Basket and you will be taken through a simple process, whereby you pay your 20% deposit directly to us through our WorldPay payment system, then are passed directly to your online finance application with Hitachi Capital UK Plc.
Within minutes of your application being approved you will be presented with the option to sign your credit agreement by Hitachi Capital. If you are offered the ability to e-sign your credit agreement and choose to do so, a PDF of your credit agreement will be displayed on screen. You should read the credit agreement carefully before clicking all the relevant sections agreeing to its terms. Once you have agreed to the terms of the credit agreement Pavilion Broadway will be notified and you need do nothing more. If you are presented with the ability to print and return your credit agreement you should print the PDF agreement, read it carefully and then sign the document following the instructions on the covering letter. This signed document should then be posted to the address shown on the covering letter of the credit agreement.
Your 14 day cooling off period starts the day after your E-Signature is completed on the credit agreement, or in cases where a physical signature has been made, the period starts the day after Hitachi Capital UK Plc. receive back your agreement paperwork.
Your monthly repayments to Hitachi Capital will begin one month after your purchase has been delivered. For specific queries related to payment arrangements please contact Hitachi Capital Customer Service team directly on 0344 375 5500 Monday to Friday 8.45am to 7.30pm, Saturday 8.45am to 12 midday.
If your finance application is unsuccessful we will contact you separately and discuss other payment methods (such as card or bank transfer) in order to continue with your order. In the event that you wish to cancel your order, once you have informed us in writing (either by email or post) any deposit held, will be refunded back to your card (a process that can take up to seven working days).
The interest free credit advertised (0% APR representative) is provided solely by Hitachi Capital UK Plc. It is provided subject to acceptance and the terms and conditions of Hitachi Capital UK Plc. Written details on request. Licensed credit broker.
Example Cash price £2,000, 20% deposit £400, Balance £1,600 = 10 monthly payments of £160. Total price paid £2,000
To view full details regarding Interest Free Finance and helpful FAQ’s please click here.
4.9 Your order number.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5.1 Products may vary slightly from their pictures (website).
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device accurately reflects the colour of the products. Your product may vary slightly from those images.
As our products are made from high quality materials, they may have natural characteristics which are not considered a defect. This includes variations in shade, texture, colour or grain. Although we make every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 5-7% tolerance.
5.2 Making sure your measurements are accurate.
You are responsible for ensuring that the measurements of product are fit for your purposes and are capable of being delivered and installed at the requested delivery address.
6.1 If you wish to make a change.
If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6.2 Dispute of charges
In the event that you disagree with any charge made to your account, you agree to contact us with a view to resolving the dispute prior to making a formal notification to your credit card company. You must contact us either by email or telephone, stating your reasons for dispute of the charge. This will enable us to accurately and promptly assess your complaint and, where justified, credit your card with the disputed amount in a timely manner to avoid any further inconvenience to you.
7.1 How your items will be delivered.
Pavilion Broadway will post, or arrange a courier on your behalf, for the goods ordered by you to the person and address you give Pavilion Broadway at the time you make your order. For goods delivered outside of the EU, the consignee (ie the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is destined. The consignee will be responsible for both customs clearance and payment of customs duties and local taxes where required.
7.2 When your items will be delivered
Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of despatch of the order. All delivery times quoted on Pavilion Website are estimates only, based on availability, normal processing and delivery companies.
7.3 We are not responsible for delays outside our control.
If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any products you have paid for but not received.
7.4 When you become responsible for the goods.
A Product will be your responsibility from the time we deliver the Product to the address you gave us.
7.5 When you own goods.
You own a Product which is goods once we have received payment in full.
7.6 Customs charges
If you are ordering goods for delivery outside of the EU, please note that your consignment may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that Pavilion Broadway has no control over additional charges in relation to customs clearance. Pavilion Broadway recommends that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your online order.
8.1 If the goods Pavilion Broadway delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Pavilion Broadway will exchange or take return of the goods provided you notify Pavilion Broadway of the problem within 2 working days of delivery of the goods in question. After the 2 working day deadline has passed Pavilion Broadway has no liability whatsoever for defective or damaged goods or those of an incorrect quantity.
8.2 If you do not receive goods ordered by you within 30 days of the date on which they were despatched to you, Pavilion Broadway shall have no liability to you unless you notify Pavilion Broadway in writing at the Pavilion Broadway address of the problem within 40 days of the date on which the goods were despatched to you.
8.3 If you notify a problem to Pavilion Broadway under this condition, Pavilion Broadway’s only obligation will be, at its option, to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question.
8.4 Pavilion Broadway will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to Pavilion Broadway under this condition and Pavilion Broadway shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
8.5 How to return products
Please return your items using the returns form provided with your delivery. Alternatively you can contact us to inform us that would like to return the goods, please do this within seven working days of receiving the goods by email to firstname.lastname@example.org or call us on +44 01386 711512* and one of our sales team will help you with your return.
*Lines are open Monday-Saturday 09:00-17:30, Sunday 11:00-16:00
8.6 Collection of goods
Pavilion Broadway is happy to arrange the collection of any return and the cost of this will be deducted from any refund due. Please email email@example.com quoting ‘return collection’ in the email heading to arrange a collection for your return. For furniture and large items we use our in-house delivery team. Failed or returned deliveries using this method will incur a £150 charge.
8.7 Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit Pavilion Broadway’s liability to you for any death or personal injury resulting from its negligence.
Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract.
9.1 Pavilion Broadway is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our website. If an error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered, we will contact you as soon as possible by email. This will be to inform you of the correct price of the goods, and to ask you if you wish to continue with the order at the amended price, or to cancel the order altogether.
9.2 We may end the Contract if you break it.
We may end the Contract for a product at any time by writing to you if:
(a) You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
(b) You do not, within a reasonable time, allow us to deliver the products to you.
10.1 If you are an individual and are not buying goods on behalf of a business, there are certain circumstances in which you may withdraw from the contract and these are set out here. This right to withdraw does not apply to business buyers.
(a) You may withdraw your order for goods at any time up to the end of the twenty first day after you have received the goods. You do not need to give Pavilion Broadway any reason for withdrawing your order nor will you have to pay any penalty.
10.2 The only circumstance in which you cannot withdraw your order is where you have taken the goods you have ordered (or the ones in relation to which you want to withdraw) out of the sealed package in which they were delivered.
10.3 To withdraw your order you must notify Pavilion Broadway in writing at 62 High Street, Broadway, Worcestershire, WR12 7DT, or at firstname.lastname@example.org
10.4 If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw because you have taken the goods out of their sealed package, you must send them back to the Pavilion Broadway address at your own cost and risk, unless the goods were supplied faulty or damaged. If you withdraw your order but Pavilion Broadway has already processed the goods for delivery and you have received them, you must not unpack the goods when they are received by you and you must send the goods back to Pavilion Broadway address at your own cost and risk as soon as possible.
10.5 Once you have notified Pavilion Broadway that you are withdrawing your order, any sum debited to Pavilion Broadway from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
11.1 Please contact Pavilion Broadway as soon as possible, should any complaint arise, we will be more than happy to answer any of your queries or resolve a complaint.
11.2 Summary of your legal rights.
We are under a legal duty to supply Products that are in conformity with this Contract. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information, please visit the Citizens Advice Website or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespace of your product your legal rights entitle you to the following:
- Up to 30 days: if your goods are faulty, then you can get an immediate refund;
- Up to 6 months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases;
- Up to 6 years: if your goods do not last a reasonable length of time you may be entitled to some money back.
12.1 To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website Pavilion Broadway are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
13.1 To make full use of the online shopping and personalised features on our website, your computer, tablet or mobile phone will need to accept cookies, as we can only provide you with certain personalised features of this website by using them. Our cookies don't store sensitive information such as your name, address or payment details: they simply hold the 'key' that, once you're signed in, is associated with this information. However, if you'd prefer to restrict, block or delete cookies from our website, or any other website, you can use your browser to do this. Each browser is different, so check the 'Help' menu of your particular browser (or your mobile phone's handset manual) to learn how to change your cookie preferences.
Data is also collected by the web analysis tool Google Analytics using cookies that are able to be used to generate pseudonyms for user profiles.
14.1 Copyright notice
All design, text, graphics and the selection or arrangement thereof are the copyright of Pavilion Broadway, or of other copyright owners. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with Pavilion Broadway, or using this site as a shopping resource. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of Pavilion Broadway is strictly prohibited.
14.2 Trade marks
Pavilion Broadway and the Pavilion Broadway logo are registered trade marks belonging to Pavilion Broadway. All other trade marks, product names and company names or logos used in this site are the property of their respective owners. No permission is given by Pavilion Broadway in respect of the use of its or any such other trade marks, product names, titles or logos and such use may constitute an infringement of the holder's rights.
The contract between us shall be governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes between us.
If any part of these conditions is unenforceable (including any provision in which Pavilion Broadway excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. Pavilion Broadway shall not be responsible for any detrimental reliance you place on our website or its contents.
Pavilion Broadway is providing this site and its contents (including any downloadable data or software) on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law. In addition, Pavilion Broadway makes no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information and related graphics published in this site or that any software or the server that makes it available are free of viruses or other harmful components.
The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Pavilion Broadway howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by applicable law.
Neither Pavilion Broadway nor any of its employees or other representatives will be liable for damages arising out of or in connection with the use of this site in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
The Pavilion Website and all materials and information thereon are provided on an "as is" basis. To the fullest extent permissible by applicable law, we do not make any express or implied warranties, representations or endorsements whatsoever with regard to the Pavilion Website. To the fullest extent permitted by law we will not be liable to Users for any loss or damage of any nature whatsoever and howsoever arising (including due to our negligence) out of or in connection with the viewing, use or performance of the Pavilion Website or its contents, whether due to inaccuracy, error, omission or any other cause and whether on the part of Pavilion Broadway or our servants or agents, or any other person.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
In these terms and conditions:-
‘Pavilion Website’ and ‘our website’ mean the Pavilion Broadway website (www.pavilionbroadway.co.uk; www.pavilionbroadway.com) 'Pavilion Broadway’ means the business of Pavilion Broadway Limited whose registered company address is 62 High Street, Broadway, Worcestershire, WR12 7DT.
‘Terms and Conditions’ means this terms and conditions policy
'working day' means every day of a calendar year apart from weekends and statutory and public holidays;
'us' means Pavilion Broadway and you together; and
‘User’ means you the person viewing and using the Pavilion Website
'you' and 'your' means the person ordering goods under these terms and conditions.