Terms & Conditions

E-Commerce Terms

Please read the terms and conditions (“Terms and Conditions”) set out below carefully before ordering any Goods from this Website. By ordering any Goods from this Website you agree to be bound by these Terms and Conditions.

1. Company Details

1.1   This site is owned and operated by Julian Foye, 42 Station Road, St Blazey, Par, Cornwall, PL24 2LZ – Reg No. 393685   https://www.julianfoye.co.uk/

1.2   Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of any such material.

2. Ordering

2.1   Any contract for the supply of Goods from this Website is between you and Julian Foye. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide is your own credit or debit card and that you have sufficient funds to make the payment.

2.2   Goods purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party.

2.3   Please note that some of our Goods may be suitable for certain age ranges only.  You should check that the product you are ordering is suitable for the intended recipient.

2.4   When ordering from this Website, you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.

2.5   We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

2.6   Any order that you place with us is subject to product availability and acceptance by us.  When you place your order online we will send you an email to confirm that we have received your order. This email confirmation will be produced automatically. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order. Once we have sent the confirmation email, we will then check availability and contact you with a customer order number. If details of the order are correct, please email to confirm you are happy with the contents of the order. If the Goods are in stock, we can quote a delivery of approximately 3 weeks (subject to area of delivery). If the Goods are not available or need to be ordered, we will also let you know by email.  

2.7   All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future.  We also reserve the right to alter the Goods available for sale on the Website and to discontinue any product line or service.

2.8   The contract for the Goods will be accepted at the time of despatch of your order. We will confirm this to you in writing. You must inform us immediately if any details are incorrect. If your order has not been accepted you will be notified of this in writing together with the reasons.

3. Prices & Payment

3.1   All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. Prices are inclusive of VAT but exclusive of delivery charges (where applicable) which will be added to your order. Delivery is free in Cornwall and West Devon (excluding Outlet items), charges will apply for the rest of Devon.

3.2   We reserve the right to cancel the order if there has been a genuine mistake with the advertised price.

3.3   The total price for Goods ordered, including delivery charges, will be displayed on the Website when you place your order. Full payment must be made before Goods are despatched.

3.4   You must pay for your order before it is delivered and you can do so by debit or credit card.  To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet.  Your credit card company may also do security checks to confirm it is you making the order.

3.5   These terms and conditions apply to the use of this website. By using or accessing our website and/or placing any orders you agree to be legally bound by these terms and conditions.

3.6   You should not proceed with your purchase until you have read and agreed to these terms and conditions.

3.7   These terms relate to internet/telephone sales – showroom sales have a different set of terms and conditions.

3.8   Regarding promotional codes (such as WINTER23) unless otherwise clearly stated, promotional codes cannot be used on sale or clearance items. 

4. Delivery

4.1   Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address nominated by you at the time of ordering in our delivery area of Cornwall and Devon.

4.2   All orders are delivered our own delivery team.  We will make every effort to deliver within the time stated however we will not be liable for any loss caused to you by late ordering. If the Goods are not delivered within the estimated delivery time which we quote, please contact us by email staustell@julianfoye.co.uk and we will try to ensure that you receive your order as quickly as possible.

4.3   No refunds of the delivery charge are made for late deliveries.

4.4   Incomplete orders must be notified to us as soon as possible following delivery and within 3 days of delivery. We will either arrange for the missing items to be delivered to you at no extra cost or refund you the original cost of the missing items.

4.5   All risk in the Goods shall pass to you upon delivery.

4.6   If you fail to accept delivery of the Goods at the time they are ready for delivery, or we are unable to deliver the Goods at the nominated time due to your failure to provide appropriate instructions, documentation, licences, consents or authorisations, then the Goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such Goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver the Goods shall be your responsibility and you shall indemnify us in full for such cost.

4.7   It is the responsibility of the customer to ensure adequate access at the point of delivery and that the item is fit for the purpose it is intended for prior to purchase. If for any reason the item cannot be delivered due to access problems or missed appointments the item will remain the property of the customer. Cancelling or non-acceptance of delivery slots issued by our delivery coordinators may result in delays while they try to rearrange routes, or wait to know when they are next in your area. In all cases, further attempts to deliver will incur a delivery charge. 

4.8 It is your responsibility to check the condition of the product on arrival. You must do this and we request that you report any quality issues (faults, or transport damage) within 3 days of delivery. In order for us to process issues like this, we will ask for four photographs as proof of the issue to be emailed to staustell@julianfoye.co.uk. These must be:

            a) A photo of the damage/fault close up and photo of entire product or video if a movement problem

            b) A photo of the condition of the exterior of the packing – part of the whole and if left at your request

            c) A photo of the consignment label on the box – if left at your request

            d) A photo of the product in its box, showing how it was packed. – if left unopened at your request

Without these, it becomes more difficult to determine the cause of the fault/damage, and therefore which route to take for eventual replacement or refund, if applicable.

5. Cancellation & Returns

5.1   We reserve the right not to accept any order request if:

• We have insufficient stock to deliver the goods you have ordered;
• We do not deliver to your area;
• One or more of the goods ordered was incorrectly described or priced on the website;
• The payment transaction is not authorised.

5.2   If we do cancel your contract we will notify you by email and will refund to you any sum paid by you to us in respect of the contract as soon as possible and in any event within 14 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

5.3   In compliance with the Consumer Contracts Regulations your right to cancel your order starts when you place your order and ends 14 days after you have received your goods. To cancel your order, please do this in writing by either letter or email.

5.4   You then have a further 14 days within which to return the goods to us. If the goods are returned for any other reasons than being defective then you will be required to arrange and pay for the cost of returning the goods to us. We will not collect the items on your behalf in this instance.

5.5   The product must be in its delivered form and must not have been tampered with in any way. You must package the product in the same type of packaging it was delivered in, or we may impose a 25% repackaging fee. We recommend taking photos of the product, the packaging, and the condition of the exterior of the box before sending back, so that if your courier causes damage you will have recourse with them.

5.6   The product will be inspected on return to ensure that the product has not been tampered with and is complete. Please be advised that you do have a duty of care for the products during the period of cancellation of your order and the collection of the goods. Should it be determined that the item has been handled more than they would have been in a shop an amount may be deducted from the refund.

5.7   Where a refund is to be paid we will refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any case within 14 days of the day we receive the returned goods.

5.8   We accept liability for any damage or shortfall of goods delivered subject to being notified within three days of delivery. We will arrange collection of the goods, and once we have received the goods and inspected them, we will send a replacement. The time scale for replacement will be based on the advertised lead time of the product. Note however that if the item has become out of stock since you placed your original order, the replacement will be subject to backorder and may take longer to arrive.

5.9   The Consumer Rights Act 2015 allows the consumer 30 days to report a manufacturing fault from the date of delivery. If you notify us after the 14 day period in which you can cancel your order under Consumer Contracts Regulations, then we are within our rights to offer a repair or replacement rather than a refund. Following any repair or replacement the consumer has the remainder of the 30 days or 7 days (whichever is longer) to assess the repair/replacement.

5.10   Should repair/replacement fail, be disproportionate or not possible, the consumer will have the right to a price reduction or a final right to reject.

5.11   Made To Order Products: If you decide to cancel your Made to Order product for any reason, it is unlikely that we could sell it to another customer at full selling price. We’ll therefore reserve the right to charge a cancellation fee of up to 50% of the order value.

5.12   Cancellation rights do not apply in the following cases:

• In the case of mattresses, pillows, mattress toppers, mattress protectors, pillow protectors, headboards, if the packaging has been un-sealed, for reasons of health and hygiene these items by their nature cannot be returned unless faulty.  Please note that we cannot accept a return or cancellation once a mattress has been slept on. Once opened they are exempt from the 14 day cooling off period.
• In the case of mattresses and divan beds, if our assembly service forms part of your order and the hygiene seal is broken and mattress bag removed we will not be able to accept return unless the goods are faulty. Unfortunately, we cannot accept returns on beds or mattresses that have been slept on for hygiene purposes

6. Your Information

6.1   Where we have requested information from you to provide Goods you agree to provide us with accurate and complete information.

6.2   You authorise us to use, store or otherwise process your personal information in order to provide the Goods to you and for marketing purposes in order to provide the Goods to you. More information can be found in our Privacy Policy.

6.3   You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

7. Complaints

7.1   We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to Julian Foye, 8 Manfield Way, Holmbush, St Austell PL25 3HQ. Please note all shops are closed a week before Christmas and do not reopen until 27^th December (28^th December if 27^th December is a Sunday).

7.2   In line with the Consumer Law Act 2015 all retailers are required to provide an Alternative Dispute Resolution (ADR) to the courts in the event of a dispute that cannot be resolved between the retailer and the consumer.

7.3   Julian Foye are full members of The Furniture Ombudsman, an independent not for profit organisation which specialises in providing alternative dispute resolution services for consumers and retailers in the furniture, home improvements and floor coverings industries. Full details can be found at  www.thefurnitureombudsman.org

8. Site Content & Disclaimers

8.1   Every effort is made to ensure the complete accuracy of our website, however some prices/details contained on the website may change from time to time and it is possible that errors will occur. We will use our best endeavours to rectify any errors, as swiftly as possible but we cannot be responsible for any losses incurred.

8.2   To the maximum extent permissible by laws, we exclude all warranties, express or implied as to the accuracy of the information contained in any of the materials on this website. We cannot accept liability for any particular material on the website or as a result of any use of or reliance placed upon the information contained on this website.

8.3   We aim to constantly improve and develop https://www.julianfoye.co.uk/ for the benefit of all our customers, to allow this process to take place, we may occasionally:

• Modify or withdraw, temporarily or permanently, this Website (or any part of it) with or without notice; and/or change the Conditions from time to time, and your continued use of the Website (or any part of it) following such change will demonstrate your acceptance of such change;
• Alter or extend promotions at any time.

8.4   If Julian Foye is informed of any inaccuracies in the material on the Site we will attempt to correct them as soon as we reasonably can.

8.5   Our total liability in regard to this contract shall be limited to the value of the goods.

9. Limitation of Liability

9.1   Great care has been taken to ensure that the information available on this website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy. 

9.2   We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our website other than where this is caused by our negligence. 

9.3   We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. 

10. Terms of Goods

10.1   Product Specifications:

• The majority of our products are sold fully assembled, however on occasions certain pieces will need assembly.
• We endeavour to display the colours of our products as accurately as possible, however we cannot guarantee complete accuracy. In addition we cannot guarantee exact colour matching of products ordered at different times.
• The specifications of each product are given in as much detail as possible. You are responsible for determining that any order of goods will meet with your requirements and that the fabrics/materials used in production are fit for your purposes.

10.2   Beds & Mattresses

10.2.1   Cancellation rights do not apply in the following cases:

• In the case of mattresses, pillows, mattress toppers, mattress protectors, pillow protectors, headboards, if the packaging has been un-sealed, for reasons of health and hygiene these items by their nature cannot be returned unless faulty.  Please note that we cannot accept a return or cancellation once a mattress has been slept on.
• In the case of mattresses and divan beds, if our assembly service forms part of your order and the hygiene seal is broken and mattress bag removed we will not be able to accept return unless the goods are faulty. Unfortunately, we cannot accept returns on beds or mattresses that have been slept on for hygiene purposes.

10.3   Choosing Upholstered and Cabinet Furniture

10.3.1   Price is not always a good indication of performance and what will last a lifetime for some with minimal use, will wear much faster with harsh treatment. Our knowledgeable salespeople are always on hand to advise what we consider to be best for your individual needs, but you should consider the following:

10.3.2   Fabric

• Covers can be damaged by hard clothing fabrics like denim and light colours may be susceptible to dye transfer from clothing and appear worn quicker.
• Removable, washable covers are practical but the look of the sofa will never be as smart as a fixed tailored suite.
• Long pile fabrics such as Chenille, Velvet and Draylon are hard wearing but can develop shading and crushed areas as part of their natural characteristics. Silks and delicate fabrics can crease.

10.3.3  Leather:

• Leather is a natural product with natural characteristics including creasing and wrinkles and no two pieces are exactly the same.
• Your furniture may display brands, scars or creases which are a sign of true authenticity and have no bearing on the quality or durability of the item.
• Every hide is different and will wear differently over time. Some will develop a patina especially in areas that are most in contact with human skin.

10.3.4   Cabinet Furniture

• Real wood products are characterised by imperfections and shade variations. Each piece is unique and continues to evolve and mature with age, affected by its surroundings and external factors such as temperature and humidity.
• Marble, travertine, stone and granite may all present variations and unique colourings developed during its evolution.
• Please refer to our care guides and the care guides provided by the manufacturer for the best ways to keep your furniture looking like new.
• All sizes are approximate.

11. Promotional T&C’s

11.1     As described in our literature.

Website Terms of Use

The following terms and conditions apply to your use of our website. If you would like information about our Privacy Policy please follow this link.  By entering, accessing or using our website in any way you agree to be bound by these terms and conditions (“Terms of Use”).

1. Definitions

“you”, “your” and “yours” are references to you the person accessing this website;

“we”, “us” and “our” are references to Julian and Son Ltd trading as Julian Foye of 42 Station Road, St Blazey, Par, Cornwall, PL24 2LZ

2. Our Website

2.1   The information, content and material available on the website may vary from time to time without notice to you. This is in order to ensure that the website is as up to date as possible.

2.2   We aim to have the site available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause except where this is caused by our negligence. We aim to keep the website as up to date as possible. 

2.3   You must not interfere with the working of our website nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, website, router or any other internet connected device or service. You must not use the website to gain unauthorised access to any other computer system or website.

2.4   Our website is intended for your personal use only (which must be reasonable and not offensive, abusive or in breach of any law or order). It is not for commercial use and you are not permitted to access, use or copy any material or information on this website for any commercial or unlawful purpose.

3. Your Information

3.1   Where we have requested information from you to provide goods or services, you agree to provide us with accurate and complete information.

3.2   You authorise us to use, store or otherwise process your personal information in order to provide the goods or services to you and for marketing purposes (the “Purpose”).

3.3   You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

4. Intellectual Property Rights

4.1   Ownership in, and all rights created in relation to the contents of this website and any trade marks or marks used on the site vest in us absolutely unless otherwise indicated. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our website except where expressly invited to do so or indicated on our website.

5. Linked Sites

5.1   There are a number of links on our website to third party websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or goods that they may provide to you.

6. Complaints

6.1   We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to Julian Foye, 8 Manfield Way, Holmbush, St Austell PL25 3HQ.

7. Limitation of Liability

7.1   Great care has been taken to ensure that the information available on this website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

7.2   We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our website other than where this is caused by our negligence.

7.3   We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible.

8. General

8.1   These Terms of Use shall be governed by relevant English law and the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms of Use.

9. Social Media Competition T&Cs

1. The competition is open to residents of Cornwall and West Devon aged 18 years or over, except employees of Julian Foye and their close relatives and anyone otherwise connected with the organisation or judging of the competition.

2. No entry fee and no purchase will be required.

3. Details of how to enter can be found on the official Facebook and Instagram pages.

4. Only one entry per person permitted. Multiple entries from the same person will be disqualified.

5. Closing date is 30^th August 2024.

6. No responsibility can be accepted for entries not received for whatever reason.

7. The rules of the competition and how to enter are as follows:

7.1 Fill in the details that can be found on our Competition page on the website.

7.2 We will only deliver in Cornwall and West Devon. Entrants must live in the postcodes that are listed on our website: https://www.julianfoye.co.uk/delivery-2/

8. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God, or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

9. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

10. The prize is as follows: Hypnos Flora King Size Mattress

10.1 The prize is as stated, and no cash or other alternatives will be offered. Prizes are not transferable and are subject to availability. We reserve the right to substitute any prize with another of equivalent value without giving notice.

11. Winners will be chosen at random by software, from entries received and verified by the Promoter.

12. The winner will be notified by Facebook/Instagram Instant Messenger and/or email within 28 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize and pick a replacement winner.

13. The promoter will notify the winner when and where the prize can be collected/is delivered.

14. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

15. The competition and these terms and conditions will be governed by [English] law and any disputes will be subject to the exclusive jurisdiction of the courts of [England].

16. The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner, or any other entrants, will be used solely in accordance with current [UK] data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

17. All entrants should approach with caution and only communicate with the official Julian Foye social platforms. We are not responsible for any spam or fake accounts which try to act on our behalf.

18. This promotion is in no way sponsored, endorsed, administered by, or associated with, Facebook, Instagram, or any other Social Network. You are providing your information to Julian Foye and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found at https://www.julianfoye.co.uk/privacy-policy-2/.

19. Entry into the competition will be deemed as acceptance of these terms and conditions.