MADE.COM TERMS AND CONDITIONS
I. TERMS OF SALE
Last updated: 30th November 2016
These terms of sale (“Terms of Sale”) set out the terms and conditions on which we supply any of the products (“Product” or “Products”) listed on our website www.made.com (“our site”) to you.
Please read these Terms of Sale carefully before ordering any Products from our site. These Terms of Sale tell you who we are, how we will provide Products to you, how you and we may end the contract, what to do if there is a problem and other important information. If you do not agree to these Terms of Sale you must not order any Product through our site.
Section A of these Terms of Sale details any particular sales promotions that we are currently running. Any purchase made in relation to such sales promotions is governed by both Section A and the general terms of sale set out in Section B so you should carefully review both Sections before ordering Products that are part of a sales promotion. If the Products that you wish to order are not part of a sales promotion, you can ignore Section A.
SECTION A – CURRENT SALES PROMOTIONS
MADE.COM Invite a Friend – Terms & Conditions
Invite your friends to MADE.COM and receive a £15 credit each time a referred friend makes their first qualifying order on the MADE.COM website. Your friends will also receive £15 off their order.
How to earn rewards
1. To participate in this promotion, invite your friend to MADE.COM by sharing your unique referral code with them.
2. If your friend places a Qualifying Order (as defined below) using your unique referral code, you will receive a £15 referral credit (the “Referral Reward”), and your friend will receive £15 off their order (the “Friend Reward”).
3. An order is a “Qualifying Order” if it is the first order that your friend has placed with MADE.COM (under any e-mail address or alias) and it has a total value (including VAT but excluding delivery costs) of at least £50.
How to redeem rewards
4. To redeem a Friend Reward, your friend should provide your unique referral code in the “discount/gift voucher” section of the checkout page. If your friend receives referral codes from multiple MADE.COM customers, only the first referral code used will result in a Friend Reward and Referral Reward. Friend Rewards may not be used in combination with any other offers, discounts or credits.
5. You will receive your £15 Referral Reward after your friend’s order has been confirmed and we have received payment in full for the order. Referral Rewards are cumulative, will automatically appear as a voucher/discount on the checkout page, and do not have an expiry period.
6. If your friend’s order is subsequently cancelled, this will result in the Friend Reward and Referral Reward also being cancelled.
7. Referral codes must only be shared and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues or family members. In particular, referral codes must not be posted on consumer forums, distributed through bulk e-mails, unsolicited commercial or “spam” e-mail, or otherwise distributed where you have no reasonable basis for believing that all or most of the recipients will be friends, colleagues or family members. Where you submit your friend’s e-mail address to us, you represent that you have their prior consent or that you reasonably believe that they will appreciate receiving the invitation.
8. You must not use your own referral code to generate Referral Rewards and Friend Rewards for yourself.
9. Eligibility for Referral Rewards and Friend Rewards may be subject to review or verification. We may delay issuing such rewards for further investigation where we suspect, or we may decline to issue rewards, cancel any rewards that have been issued, or suspend a user’s account, where we determine, in our sole discretion, that any referrals are suspicious, fraudulent, abusive or in violation of these terms. Any decision that we make will be final and binding.
10. We may amend the terms of the Invite a Friends programme, or suspend or terminate the programme or a user’s ability to participate in the programme, at any time for any reason.
£10 OFF YOUR FIRST ORDER OVER £50
When you sign up to receive MADE.COM Marketing Newsletter, you will be emailed a voucher code which you can use to redeem £10 off your FIRST order over £50. The offer cannot be used in conjunction with any other voucher codes and only valid on orders over £50. MADE.COM reserves the right to make any changes or withdraw the offer at any time.
£100 OFF SELECTED BEDS
This promotion is available for a limited time only, starting on Friday 2nd December 2016 and expiring on Monday 5th December 2016, and excludes any orders made before Friday 2nd December 2016.
In Time For Christmas Delivery
In time for Christmas orders are expected to be delivered to your house by December 24 2016. In time for Christmas applies to mainland UK but does not apply to Channel Islands, Ireland and offshore UK addresses. These delivery dates are guidelines and not guarantees of pre Christmas delivery. Please note that external factors to Made.com such as poor weather, strikes or disruptions in our supply network may cause delays to your order. Refusal of a delivery date may also result in your order being delayed until after Christmas.
SECTION B – GENERAL TERMS OF SALE
Last updated: 14 October 2016
1. INFORMATION ABOUT US
1.1 www.made.com is a website operated by Made.com Design Limited (“we”, “our”, “us”). We are registered in the U.K. under company number 07101408. Our registered office is at 100 Charing Cross Road, London WC2H 0JG. Our VAT number is GB998057263.
2. ORDERING PRODUCTS
2.1 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 will be under an obligation to pay for the Products in that order if we accept your order.
2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
2.3 All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.
2.4 Unfortunately we can’t stop an order once it has been dispatched by us. If you change your mind about your order after this point you can reject delivery or return the Products to us in accordance with the returns policy below at clause 9.
2.5 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, 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.
2.6 You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
3.1 All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after receiving your order if, for any reason, the Products you have ordered are not available or are subject to any delay.
3.2 If we are unable to supply you with a Product, for example, because the manufacturer is out of stock or because of an error in the price (see clauses 5.4 and 5.5 below) we will inform you of this by email and we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible.
4. IMAGES AND SIZING OF PRODUCTS
4.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the Products. The Products that are delivered to you may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.
5. PRICES OF PRODUCTS
5.1 The price of any Product will be as quoted on our site, except in cases of obvious error.
5.2 The price of any Product may change from time to time, but changes will not affect any order we have accepted.
5.3 The price of a Product includes VAT (where it applies) but excludes any delivery costs, which where applicable will be added to the price of the Products and set out as part of the total amount due during the order process. To see the relevant delivery charges for a product, please refer to our Delivery page.
5.4 Due to the large number of Products on our site, it is always possible that some of the Products listed on our site may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-handling procedure so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of the rejection.
5.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
6. HOW TO PAY
6.1 We accept payment with the payment methods listed on our site. You must pay for the Products and any applicable delivery charges in advance of delivery of the Products.
6.2 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
7.1 We offer a delivery service in accordance with the timescales shown against each Product on our site. Please note that delivery timescales are estimates. You can find out more about our Product delivery by reading the information on the Delivery page of our site.
7.2 Please note that we only deliver to addresses in the United Kingdom and Ireland.
7.3 Your estimated dispatch date will be as set out in a dispatch confirmation sent by email. This dispatch date indicates when we expect to send the Products to our delivery partner. Please refer to the Delivery page of our site to find out more about our dispatch and delivery process and how long after dispatch you should expect the Products to be delivered. Although we will make every reasonable effort to ensure your Products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting the manufacturer of the Product or our delivery partners. If we are unable to meet the estimated dispatch or delivery date, we will contact you with a revised estimated date.
7.4 Your delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery, we will leave you a note with information about how to rearrange delivery. If you have not accepted delivery after three attempts by us, we may treat the contract as having been cancelled by you in accordance with the terms of clause 9 below.
7.5 You can review the current status of your order at any time by logging into the My Orders section of your account on our site. If you have trouble finding out the status of your order or tracking its progress, please contact Customer Services using the contact information below at clause 23.
8. RISK AND OWNERSHIP
8.1 Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8.2 The Products will be your responsibility from the time that you (or a third party other than the carrier and indicated by you) take physical possession of the Products.
9. CANCELLATION, RETURNS AND REFUND POLICY
9.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your Products, you can return them to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
Right to cancel
9.2 You have a legal right to change your mind and cancel the contract between you and us within 14 days of delivery of your Products without giving a reason. In the case of “One by Made” mattresses only, we are extending this period to 101 days from delivery. This right, under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013, is explained in more detail in this clause 9. Please note that the right to change your mind applies equally to any gift vouchers you purchase from us but does not apply to any bespoke Products you purchase from us (ie, Products that we create to your specification or are clearly personalised).
9.3 The cancellation period will expire 14 days (or, in the case of “One by Made” mattresses only, 101 days) from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. Where you order multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Product, part, lot or piece that makes up your order.
9.4 To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. a letter sent by post or email or a telephone call). The easiest way to do this is to contact our Customer Services team, their contact details can be found in clause 23. You may use the following model cancellation form but you are not required to do so:
Model Cancelation Form
To: Made.com Design Limited, 100 Charing Cross Road, London WC2H 0JG
I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*)/for the provision of the following service(*)
Ordered on(*) / received on(*)
Name of consumer(s),
Address of consumer(s),
Signature of consumer (only if this form is notified on paper)
(*) Please delete if not applicable
9.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
Effects of cancellation
9.6 If you cancel your contract with us, we will reimburse you all payments received from you, including the cost of delivery (except that we reserve the right not to reimburse you for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us and for any deductions permitted under clause 9.10).
9.7 We will make the reimbursement without undue delay, and not later than: (a) 14 days after the day we receive back from you any Products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
9.8 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
9.9 We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
9.10 We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.
Faulty or mis-described
9.11 If you are returning the Products to us because they are faulty or mis-described, we will refund: the price of the Product in full; any applicable delivery charges; and any reasonable costs you incur in returning the item to us (other than any costs incurred by you in returning the Products to us in person). As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or any of the other general Terms of Sale set out in this Section B.
9.12 We will refund you through the payment method used by you to pay.
How to return the Products
9.13 If you change your mind and exercise your right to cancel under clause 9.2 above after delivery, then the Products must be returned to us. In this case, this may be done either:
(a) for most small items and certain mid-sized items, by you arranging for the Products to be returned to us at our distribution centre or to our delivery partner at various locations. In this case, the Products must be returned to us without undue delay and in any event no later than 14 days from the date that you exercised your right to cancel. You will be responsible for the cost of returning the Products to us, which vary between £5.95 and £44.95 depending on the item; or
(b) for certain mid-sized items and for most furniture items, we can arrange to collect the Products from your address. You will be responsible for the cost of collection vary between £5.95 and £44.95 depending on the item, except in the case of “One by Made” mattresses, which we will collect from your address at no cost to you.
For more information about the specific return and collection costs that apply to different items and other information regarding returns and refunds, please refer to our Return & Refunds page.
9.14 If you exercise your right to return the Products under clause 9.11, because the Products are faulty, were not delivered as described or you otherwise have a legal right to return the Products as a result of something we have done wrong after dispatch of the Products, the Products must be returned to us. Depending on the item, this may be done either by you arranging for the Products to be returned to us or by us arranging to collect the Products from your address, as described in clause 9.13. However, in this case, the return or collection will beat no cost to you.
9.15 Please contact Customer Services using the contact information below at clause 23 to arrange a return or collection of the Products.
9.16 You must take care when opening packaging that the Products were delivered in and carefully re-pack the Products in the original (or similar) packaging prior to returning the Products to us.
10. ONE BY MADE MATTRESSES – 10-YEAR LIMITED GUARANTEE
Our One by Made mattresses (and mattress covers) are covered by the following 10-year limited guarantee (the “Guarantee”).
10.1 Persons covered: The Guarantee extends to the first purchaser of any One by Made mattress as indicated on the official receipt, and is valid for the shorter of the period of time such purchaser owns it and 10 years from the date of initial purchase. The Guarantee is not transferable to any other subsequent purchaser, transferee or user of the mattress. Please retain a copy of your receipt as proof of purchase.
10.2 Products covered: The Guarantee extends to One by Made mattresses (and mattress covers) purchased directly from us through our site, provided that the items are purchased, delivered and used within the United Kingdom or Ireland. It does not extend to other Products offered for sale by us through our site.
10.3 Scope of Guarantee:
(a) This Guarantee covers the following defects (“Defects”) in material and workmanship:
10.3.a.1 any manufacturing flaw in the mattress that causes the foam to split or crack, despite normal usage and proper handling;
10.3.a.2 any manufacturing flaw in the mattress cover that causes the cover to split or tear, or the zipper to malfunction, despite normal usage and proper handling.
(b) This Guarantee does not cover the following:
10.3.b.1 conditions arising as a result of fair wear and tear, negligence, wilful damage or misuse by you;
10.3.b.2 any comfort preference or normal increase in the softness of the foam and materials.
(c) In addition, the Guarantee is automatically invalidated in the following circumstances:
10.3.c.1 if the mattress has been used in a manner incompatible with its intended design, or in breach of our written or oral instructions regarding its storage, assembly or use (including the instructions contained in our FAQs), for example if you use the mattress on an unsuitable base. One by Made mattresses are designed to work on a firm bed base that is structurally capable of supporting the weight of the mattress and its user(s);
10.3.c.2 if the mattress has been repaired or altered by someone other than Made.com or its authorised agents or with Made’s prior written consent;
10.3.c.3 if the mattress has been soiled or rendered unhygienic, including as a result of tears, burns, cuts, stains or liquid damage by you;
10.3.c.4 if you fail to comply with any of the procedures set forth below in clause 10.4 (Guarantee Claim Process).
(d) In the event of a dispute regarding the applicability of the Guarantee, we may require that the mattress be inspected by a recognised and qualified third party, such as the Furniture Industry Research Association (“FIRA”) or similar party. You agree to provide reasonable assistance to us and such third party to facilitate and enable such an inspection.
10.4 Guarantee Claim Process: To make a claim under the Guarantee, you must follow the following procedure:
(a) Notify us in writing of the Defect within 30 days of the date you discover or ought reasonably to have discovered the defect;
(b) Provide us with a copy of the receipt as proof of the original date of purchase;
(c) Return the mattress to us (or the mattress cover, where the Defect relates to the cover itself) following our acceptance of your claim and confirmation of the return logistics. We will revert to you on these points within 30 days of receiving your notification and proof of purchase. Should transportation costs be incurred in connection with the return from an address within the United Kingdom or Ireland, you will not be liable for these costs. You will, however, be liable for the costs of our delivering to you your replacement mattress. In addition, you will be liable for the costs of returning mattresses from addresses outside the United Kingdom and Ireland (if we accept such a return notwithstanding clause 10.2).
10.5 Remedy & Liability
(a) In the event of a Defect that is covered by the terms of the Guarantee as set forth above, we will provide you with a repaired or replacement mattress within 90 days of receiving your original mattress. Where the Defect relates to the mattress cover itself, we reserve the right to only repair or replace the mattress cover.
(b) Nothing in this clause 10 will reduce your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens' Advice Bureau. We do not in any way exclude or limit our liability for loss or damage resulting from the negligence of the manufacturer or distributor of the mattresses.
11. SALES PROMOTIONS
11.1 From time to time, we may run sales promotions or offer other incentives (“Promotions”) to purchase particular Products from us.
11.2 The length of time any Promotion runs for, the conditions for qualifying for such Promotion and the Products which will be subject to such Promotion will be set out in Section A of these Terms of Sale.
11.3 If you place an order for Products in relation to any Promotion, the Promotion-specific terms and conditions set out in Section A above and the general terms set out in this Section B will apply. To the extent of any inconsistency, the Promotion-specific terms set out in Section A shall prevail.
12.1 From time to time, we may run prize draws, competitions or other prize promotions ("Competitions") on our site.
12.2 The length of time the Competition runs for, the conditions for entry to the Competition and the prizes for winning or taking part in the Competition will be subject to our discretion and will be available for time to time on our Competitions page.
12.3 We will make the rules of any Competition we run available to you before you participate in the Competition.
13. GIFT VOUCHERS AND DISCOUNT CODES
13.1 Gift vouchers can only be purchased online through our site.
13.2 You may choose to: (i) have the gift voucher emailed to the recipient on a pre-determined date of your choice; or (ii) print the gift voucher yourself. Should you need to re-send or re-print the gift voucher, this can be done through 'your account' on our site.
13.3 Gift vouchers are valid for one year from the date of issue and cannot be extended.
13.4 The value of any gift voucher you use will be deducted from the total cost of your order. If any balance remains to be spent from the gift voucher, it can be used on a future order. There is no minimum spend required and the gift voucher can be redeemed against any purchase including delivery charges.
13.5 Gift vouchers can be purchased in fixed denominations from £25 to £200.
13.6 Gift vouchers and/or discount codes must not be posted on consumer forums as they will be immediately invalidated. You cannot use your own refer a friend gift voucher to generate rewards. Any instance of this will result in the cancellation of that customer's rewards.
13.7 Only one discount code can be applied to any one order, this includes any promotional codes or offers (but you may also use any gift voucher that you have purchased or been given).
13.8 When you use a gift voucher and/or discount code you warrant to us that you are the duly authorised recipient of the gift voucher or discount code (as applicable) and that you are using it in accordance with these Terms of Sale, lawfully and in good faith. If we believe that a gift voucher and/or discount code is being used in breach of these Terms of Sale, unlawfully or in bad faith, we may reject or cancel the gift voucher or discount code (as applicable).
13.9 If you have any difficulty redeeming your gift voucher or discount code or have any questions then please contact us for further assistance.
13.10 Any order for Products made using a gift voucher or discount code will be governed by these Terms of Sale.
14. YOUR INFORMATION
15. OUR LIABILITY TO YOU
15.1 We are under a legal duty to supply Products that are in conformity with our contract with you.
15.2 Our Products are designed for residential use and we do not make any guarantees or warranties about their performance in a commercial environment. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
15.3 If we fail to comply with a contract between you and us, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.
15.4 The maximum loss or damage we will be responsible for under clause 14.3 is limited to the price you have paid us for the Product to which the loss or damage you suffer relates.
15.5 We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability imposed under the Consumer Rights Act 2015 that is not permitted to be excluded or restricted under section 31 of the Consumer Rights Act 2015; and (d) defective products under the Consumer Protection Act 1987.
15.6 This does not affect your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards office.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that: (a) we will take reasonable steps to prevent or minimise the failure or delay; (b) in the event of failure to perform, we will refund you all amounts paid under the affected contract; and (c) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.
17. RESOLVING DISPUTES
17.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. You can also write to us at: Complaints Department, 100 Charing Cross Road, London WC2H 0JG.
17.2 In the unlikely event that we are not able to resolve the dispute informally, please note that the EU operates an online dispute resolution platform for EU consumers to submit disputes arising from online purchases, which can be accessed at http://ec.europa.eu/odr . You will also always have the option of resolving the dispute using court action.
18. EACH OF THESE TERMS OPERATES INDEPENDENTLY
18.1 Each of the provisions of these Terms of Sale operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19. UPDATING THESE TERMS OF SALE
19.1 We may modify or update these Terms of Sale from time to time for reasons including: (a) changes in how our business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. However, any order of Products by you will be governed by the terms and conditions available on our site at the time you place the order.
20. RIGHTS OF THIRD PARTIES
20.1 Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
21. TRANSFER OF OUR RIGHTS
21.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you in writing if this happens, but this will not affect your rights or our obligations under the contract. We will use reasonable endeavours to tell you in writing in this happens.
22. LAW AND JURISDICTION
22.1 These Terms of Sale are governed by English law. This means that a contract for the purchase of Products made through our site and any dispute or claim arising out of or in connection with it will be governed by English law.
22.2 You can bring legal proceedings in respect of this contract in the English courts. However, if you are a resident of Scotland, you may also bring proceedings in Scotland and if you are a resident in Northern Ireland, you may also bring proceedings in Northern Ireland.
23. CONTACTING YOU
23.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
24. CONTACT US
24.1 If you have any queries about these Terms of Sale, please send us an email at email@example.com or contact us on the phone: 03442 571 888 (Mon – Fri: 9 am – 6 pm). We’ll be here to help.
Last updated: 14 October 2016
1. INFORMATION ABOUT US
1.1 www.made.com is a website operated by Made.com Design Limited (we, our, us). We are registered in England under company number 07101408. Our registered office is at 100 Charing Cross Road, London WC2H 0JG, United Kingdom. Our VAT number is GB998057263.
2. PURCHASE OF PRODUCTS FROM MADE.COM
2.1 The purchase of any products through our site is governed by our Terms of Sale.
3. YOUR PERSONAL INFORMATION
4. YOUR ACCOUNT AND PASSWORD
4.1 If you set up an account on our site, you must treat your login details as confidential. You must not disclose them to any third party.
4.3 If you know or suspect that anyone other than you knows your login details, you must promptly notify us at firstname.lastname@example.org
5.1 As part of our site, we offer a feature called Unboxed which allows you to create a profile, connect with other users of our site and share opinions and experiences and content around any products you have purchased from us or any our products you like or are interested in buying.
5.3 When you make a purchase on our site, we will display our catalogue image of the purchase on a searchable map as a way of showing the approximate location of the delivery address you give when making a purchase. We do not disclose any personally identifiable information on our map and only display our catalogue image of the purchase you made by reference to the postcode of the delivery address.
5.4 If you have created a profile on Unboxed and have opted to be contacted by our users through our searchable map or Unboxed, our users will be able to message you to ask you questions or obtain your feedback about your purchases.
5.5 If you have not created a profile on Unboxed, our users may contact us wishing to speak to you about your purchases as a result of using our searchable maps as described in clause 5.3 above and we will contact you to ask if you are willing to speak to another user. If you are, you will be prompted to create a profile on Unboxed and the user will be able to message you. You may also opt out of receiving our communications concerning contact from other users and Unboxed at any time.
6. USER CONTENT
6.1 You confirm that images, sounds, text or information that you share or create (“User Content”) whilst using Unboxed, sending us feedback or comments on the Products or the site, or posting on social networks regarding the Products will meet the Rules of Acceptable Use (as below).
6.2 You give us unlimited permission to use your User Content and allow others to do the same for no fee. In legal terms this means that you grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence and sub-licence the User Content anywhere and in any form for the purposes of operating our site and business.
6.4 We do not generally check or moderate any User Content, including before it is added to Unboxed. We may later check, moderate, reject, refuse or delete any User Content if we believe that it breaks any of the Rules of Acceptable Use.
7. RULES OF ACCEPTABLE USE
7.4 The responses described above are not limited and we may take any other action we reasonably deem appropriate.
8. NOTICE AND TAKE DOWN POLICY
8.1 If you believe that content available through the site:
(a) infringes your rights or any rights of a third party you represent; or
(b) otherwise breaches the Rules of Acceptable Use,
please tell us immediately by using the reporting tool that appears next to each comment within the site.
8.2 When reporting content please provide the information described below in your notice to us: (a) your name and contact details; and (b) a statement explaining whether you believe that the content you are contacting us about: (i) infringes your rights; (ii) the rights of a third party who you represent; or (iii) you otherwise believe the content breaches the Rules of Acceptable Use.
8.3 We will take the action that we believe is appropriate depending on the nature of the content you report. This may include taking no action where we believe the reported content does not infringe any rights or the Rules of Acceptable Use. We are not obliged to discuss or inform you about our chosen course of action following a report from you.
9. LIMITED LICENCE
9.1 We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We grant you permission to access our site for your personal use only. Any other use of our site or our site's content is prohibited. This prohibition includes, but is not limited to:
(a) making commercial use of our site's content;
(b) reproduction of the Made and One by Made name, logo, trade marks or any other content available on our site; and
(c) downloading or copying any of our site content for yourself or for a third-party.
9.2 If you wish to make any use of material on our site other than that set out above, please contact: email@example.com.
10. DISCLAIMER AND LIABILITY
10.1 Access to our site is permitted on a temporary basis and we may limit or terminate access to our site at any time without any notice. We will not be liable if our site is unavailable at any time or for any period.
10.2 We have taken care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.
10.3 Whilst we make reasonable efforts to ensure that any information presented on our site is correct, the information on our site is presented without any guarantees, conditions or warranties or any kind and the site is made available to you on an “AS IS” basis. We are not responsible for anything that occurs from your reliance on the content of our site.
10.4 In any event, we will never take any responsibility for User Content and you use and rely on any User Content entirely at your own risk.
10.5 We exclude all warranties and conditions implied by statute, common law or the law of equity, to the extent permitted by applicable law.
10.6 Because our site is provided free of charge, we will not, in any way, be liable for any loss or damage (whether direct or indirect) in tort (including negligence), breach of contract, breach of statutory or otherwise (even if foreseeable) in connection with any use you make of our site or the information presented on it.
11. LINKS AND LINKING
11.1 Links to third party websites from our site are provided solely for your convenience. If you use these links you leave our site. We do not control, and are not responsible for, these websites, their content or their availability. We, in no way endorse, or make representations about them, or any material found on them. Accessing third party websites from our site is done entirely at your own risk.
11.2 You may link to our home page (www.made.com), provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You agree to remove any link to our site on a website owned or controlled by you on receipt of a request from us.
14. JURISDICTION AND APPLICABLE LAW
15.1 If you would like to provide feedback on our site, please contact us at firstname.lastname@example.org.
III. COMPETITION TERMS
These competition terms (“Competition Terms”) set out the terms and conditions applicable to each prize draw, competition or other prize promotion (each, a "Competition") that we run.
The details of each Competition that we are currently running are set out in Section A below. If you wish to enter a Competition, the relevant Competition-specific terms in Section A will apply. In addition, the general terms set out in Section B will apply to every Competition that we run.
SECTION A – CURRENT COMPETITIONS
MADE.COM UNBOXED PHOTO UPLOAD
Any Competition described in this Section A will be governed by the terms set out in this Section A and also the general terms set out in Section B below.
1.1 This Competition is open to residents of the UK (including Northern Ireland) aged 18 or over at the date on which they enter the Competition, except for employees of Made.com, its group companies, agents or anyone professionally connected with this Competition and any member of their respective immediate families.
1.2 Entry to the Competition opens on Friday 1st April 2016, 00:01 and closes on Saturday 30th April 2016, 11pm 1.3 No purchase is necessary to enter the Competition.
2. HOW TO ENTER THE COMPETITION
2.1 To enter the Competition, register on MADE.COM/Unboxed and upload a photo(s) of your MADE.COM furniture in your home. You will need to enter your full name, email, address, location and username.
2.2 You can upload one or more photos per user.
3.1One winner will be selected from all eligible entries on Friday 6th May 2016. The winner will be selected by a member of the MADE.COM team. The user who upload the most stylish and inspiring photo(s) of their MADE product at home will win the competition.
3.2 Winners will be notified via the email address used on their MADE.COM/unboxed account within one week of the competition closing date.
4.1There is a total of one prize is available to be won: £100 MADE.COM voucher, one time use and vaild for 6 months.
5.1 In the event that Made.com is unable to contact a winner within 2 working days of the relevant draw, Made.com reserves the right to award the prize to an alternative winner selected at random
5.2 The gift voucher code will be send via email to the winner.The prize(s) will be delivered within 30 working days from a valid acceptance of the prize.
SECTION B – GENERAL COMPETITION TERMS
Last updated 14 October 2016
1.1 Each Competition is offered by Made.com Design Limited, a company registered in England with company number 07101408, registered office 100 Charing Cross Road, London WC2H 0JG, telephone number 03442 571 888, email address email@example.com and VAT registration number GB998057263.
1.2 By entering a Competition, all participants will be deemed to have accepted the relevant Competition-specific terms and conditions in Section A above and the general terms and conditions set out in this Section B. All entry instructions form part of these terms and conditions.
2.1 No entries received after the closing time will be eligible to win a prize.
2.2 In order to enter a Competition that is only run online you must have an Internet connection and in order to enter a Competition that is only run through a social media platform, you must have an account with that social media platform.
2.3 Should the prize for a Competition be unavailable, a prize of equal or greater value will be substituted. There is no cash alternative available. Prizes are non-transferable and cannot be resold. Made.com reserves the right to substitute an alternative prize of equal or greater value. Unless otherwise agreed in writing by Made.com, the prize will only be awarded to the winner.
2.4 Each winner agrees to participate in reasonable publicity as may be required by Made.com in respect of the Competition. Made.com reserves the right to publish each winner's name, photograph and county on its website, Facebook page and/or Twitter account or to publicise the prize-giving presentation within a year of the closing date.
2.5 Each winner's name and county are available on request by emailing firstname.lastname@example.org.
2.6 No entries from agents, third parties, syndicated entries or those made using methods such as a computer macro, script or the use of automated devices are permitted and no bulk entries.
2.7 All costs and expenses not included within the prizes are the responsibility of the winner(s).
2.8 Made.com reserves the right at any time, in its absolute discretion, to:
2.8.1 verify the eligibility of any participant (including their age (if the Competition has age restrictions) and place of residence);
2.8.2 disqualify any participant found to be abusing or tampering with the operation of the Competition or entering using fraudulent means, or who the promoter believes to have acted in breach of these terms and conditions; and
2.8.3 disqualify participants who do not give correct contact details or those who make an entry on someone else's behalf;
2.8.4 if a Competition is being run on one or more of Made.com's social media platforms, disqualify any participant posting an entry or a comment to Made.com's social media platforms from time to time that is, in Made.com's opinion, inappropriate, offensive or upsetting to other participants, fans of Made.com or directly aimed at Made.com, or contrary to applicable law, and to remove any such entry or comment.
3.1 To the fullest extent permitted by law, Made.com excludes liability for any losses, damages or claims incurred by any person in connection with the Competition or receipt or misuse of any prize.
3.2 Except as otherwise required by applicable law, Made.com accepts no responsibility or liability for any entry or claim which for technical or other reasons is unsuccessful, incomplete, lost, late, damaged, corrupted or misdirected.
3.3 If a Competition is being run on one or more of Made.com's social media platforms or another third party's platform, that Competition is not in any way sponsored, endorsed or administered by, or associated with that social media platform or third party (as applicable). Participants acknowledge that such social media platform or third party (as applicable) shall not have any liability to them in connection with that Competition.
4.1 Any decision of Made.com in respect of a Competition is final. For questions regarding a Competition, email email@example.com.
4.2 Made.com reserves the right to extend, withdraw, alter or suspend a Competition or these terms and conditions (including the terms in Section A relevant to the Competition) at any time if circumstances beyond its control make this unavoidable.
4.4 Any images are an illustrative example and do not show the exact prize(s).
4.5 Each Competition and these Competition Terms (including the Competition-specific terms in Section A and the general terms in this Section B), and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with English law. Each participant irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with any Competition or these Competition Terms.
IV. EMERGING TALENT AWARD TERMS
1.1 The following definitions shall apply in these terms and conditions.
Brief: the requirements relating to the Product set out at http://www.made.com//talentlab/#/competitions/ETA2016/brief/.
Entrants: persons who enter the ETA 2016.
ETA 2016: the Made.com Emerging Talent Award 2016.
ETA 2016 Site: the ETA 2016 website at http://www.made.com/talentlab/.
Intellectual Property Rights: Any patents, trade marks, service marks, registered designs, utility models, design rights, copyright (including copyright in computer software), database rights, semi-conductor topography rights, inventions, trade secrets and other confidential information, know-how, business or trade names (including internet domain names and e-mail address names) and all other intellectual and industrial property and rights of a similar or corresponding nature in any part of the world, whether registered or not or capable of registration or not and including the right to apply for and all applications for any of the foregoing rights and the right to sue for infringements of any of the foregoing rights.
Made.com: Made.com Design Ltd (company number 07101408) whose registered office is at 100 Charing Cross Road, London WC2H 0JG.
Product: A product designed by an Entrant for entry in the ETA 2016.
1.2 By entering the ETA 2016, Entrants will be deemed to have accepted these terms and conditions and the general terms and conditions applicable to all competitions set out in Made.com’s Competition Terms. All entry instructions form part of these terms and conditions.
2.1 The ETA 2016 is open to persons:
2.1.1 aged 18 or over on the date on which they submit an entry; and
2.1.2 who are “emerging designers”, meaning that they have neither established a reputation in the furniture, home furnishings or design industry nor have had any furniture designs put into production by, or licensed to, any furniture, home furnishings or design companies or other third parties (however, designers who have self-produced furniture or home furnishing designs on a small scale are welcome to participate);
except for employees of Made.com, its group companies, agents or anyone professionally connected with the ETA 2016 and any member of their respective immediate families.
2.2 Made.com reserves the right to require Entrants to produce evidence to show satisfaction of any of the requirements in paragraph 2.1. and to refuse Entrants entry into, or disqualify Entrants from, the ETA 2016 it it believes (in its absolute discretion) that the Entrants do not meet some or all of the requirements in paragraph 2.1.
2.3 Made.com will have the absolute discretion to determine if an Entrant satisfies the “emerging designer” requirement in paragraph 2.1.2 and/or to waive this requirement.
3. THE PRODUCT
3.1 The Product must meet the requirements and criteria set out in the Brief. These include, without limitation, that the Product should:
3.1.1 reflect a design that is suitable for urban communities;
3.1.2 fit in with one of Made.com’s existing product categories (e.g. lighting, furniture, upholstery or home accessories) and approach to materials and techniques;
3.1.3 be an individual product (not a collection), although a variety of colour or material options for a single product will be acceptable;
3.1.4 not include moulded plastics, moulded foams for upholstery, chrome finishes, or metal sheets that require moulding;
3.1.5 be original, feasible, aesthetically pleasing, functional, make efficient use of materials, be commercial and comply with the Made.com brand.
4. COMPETITION STAGES
4.1 The ETA 2016 will consist of the following stages (all dates are indicative only and may be subject to change):
4.1.1 Stage 1 - Submission of Entries (Tuesday 12Wednesday 13 April 2016 to Thursday 30 June 2016)
220.127.116.11 Entrants should submit their Product entries on the ETA 2016 Site by creating a profile and uploading the required files in the formats described in the Brief before 30 June 2016. All text provided should be in English.
18.104.22.168 Each entrant may enter multiple entries, but each entry should relate to one Product only (and not to a collection).
22.214.171.124 Entrants are encouraged to share their entry through social media (for example, Facebook, Twitter and via a share URL) in order to gather “likes” on their entry. For the avoidance of doubt, any such “likes” will not count as votes for purposes of the voting stage below.
4.1.2 Stage 2 - Shortlist of Designs (Friday 1 July 2016 to Sunday 31 July 2016)
126.96.36.199 Made.com will create an initial “longlist” of Products that it believes (in its absolute discretion) best meet the Brief.
188.8.131.52 The ETA 2016 judging panel, which is expected to include both Made.com representatives and third parties, will review the initial “longlist” and thereafter create a shortlist of Products that it believes (in its absolute discretion) best meet the Brief.
184.108.40.206 Shortlisted Entrants will be required to sign a standard non-disclosure agreement and will thereafter be provided with further details regarding the terms on which the winning Product will be produced by Made.com (these are based on Made.com’s standard designer agreement). Shortlisted Entrants will be required to confirm their acceptance and understanding of these terms in order to proceed to the public voting stage.
4.1.3 Stage 3 – Public Vote (August – September 2016, exact dates to be confirmed)
220.127.116.11 The shortlisted entries will be subject to a public vote. Voters will have to register on the ETA 2016 voting platform in order to vote, and will be able to submit up to one vote per Product.
18.104.22.168 The Product that receives the highest number of votes will win Made.com’s Emerging Talent Award 2016.
22.214.171.124 In the event that Made.com is unable to contact the winner within a reasonable time period, Made.com reserves the right to award the Emerging Talent Award 2016 to an alternative winner selected from the shortlisted entries.
126.96.36.199 The winning Entrant and Product are expected to be announced during London Design Festival 2016.
4.2 Any decision of Made.com and the judging panel at any stage in the ETA 2016 and in relation to any matters regarding the ETA 2016 is final. No correspondence will be entered into.
5.1 The winning Entrant will have their Product produced by Made.com and marketed and sold through the Made.com website. This is expected to take place within 12 months of the end of the ETA 2016, but may take longer.
5.2 The winning Entrant will be required to sign a legally binding contract with Made.com regarding the production, marketing and sale of his or her Product (the “Designer Agreement”). This will be based on Made.com’s standard designer agreement, and will include without limitation the following:
5.2.1 A worldwide, exclusive, irrevocable, sub-licensable license in perpetuity by the winning Entrant to Made.com to manufacture, use, distribute, import, advertise, sell or otherwise supply or exploit the Product (or variants thereof);
5.2.2 A right of first refusal for Made.com on new designs by the winning Entrant that would reasonably form part of a collection or range extension to the Product;
5.2.3 Royalty payments to the winning Entrant for Products sold and delivered; and
5.2.4 Customary confirmations, warranties and indemnities by the winning Entrant in relation to intellectual property rights relating to the Product,
5.3 If the winning Entrant fails to sign a Designer Agreement with Made.com within a reasonable period of time, Made.com reserves the right to withdraw the award and select an alternative winner from the shortlisted entries.
5.4 No alternative prize is available in whole or in part.
6.1 The winning Entrant and other shortlisted Entrants may be required to participate in reasonable publicity and promotional activity arising from the ETA 2016 that may result in photographs being taken and their name provided to the press and media. Made.com reserves the right to provide the press and media with details of the ETA 2016 and the results, or to publish such details on its website or social media pages, including, but not limited to, the name, photograph, location and profile of winning and shortlisted Entrants, Product details, and images or footage relating to such Entrants or Products.
7. INTELLECTUAL PROPERTY
7.1 Entrants shall own all Intellectual Property Rights in and to the Product that they have created for the purposes of entering the ETA 2016.
7.2 By submitting an entry to the ETA 2016, each Entrant grants Made.com a fully paid-up, worldwide, exclusive, irrevocable (subject to the clauses below), sub-licensable license in perpetuity to use all Intellectual Property Rights in and to the Product they enter (including any design documents or other materials submitted on entry) to manufacture, use, distribute, import, advertise, sell or otherwise supply or exploit the Product (or variants thereof).
7.2.1 If the Entrant’s Product is not shortlisted during Stage 2, this license will automatically terminate following the announcement of the shortlist.
7.2.2 If the Entrant’s Product is shortlisted during Stage 2 but not selected as the winning entry during Stage 3, this license will automatically terminate following the announcement of the winning Entrant.
7.2.3 If the Entrant’s Product is selected as the winner, this license will automatically terminate following execution of the Designer Agreement and be replaced by the license contained in the Designer Agreement.
7.3 Entrants acknowledge and agree that the license described in paragraph 7.2 is an exclusive license, and accordingly that they may not, during the applicable license term:
7.3.1 license or purport to license the Intellectual Property Rights in and to the Product; or
7.3.2 enter into any discussions regarding such a license;
with, any furniture, home furnishings or design companies or other third parties.
7.4 Entrants warrant that the Product that they enter into the ETA 2016 is original and that they are the sole and exclusive owner and rights holder of the Product and that they have the right to submit the Product into the ETA 2016 and grant all required licences for the purposes of paragraph 7.2.
7.5 Entrants agree not to submit a Product into the ETA 2016 which:
7.5.1 infringes any third party proprietary rights, Intellectual Property Rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations; or
7.5.2 otherwise violates applicable UK or other law.
7.6 To the maximum extent permitted by law, Entrants agree to defend, indemnify and hold harmless Made.com, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal costs) arising out of or accruing from:
7.6.1 Any material uploaded or otherwise provided by Entrants that infringe any copyright, trademark, trade secret, trade dress, patent or other Intellectual Property Right of any person or defames any person or violates their rights of publicity or privacy;
7.6.2 Any misrepresentation made by Entrants in connection with the ETA 2016;
7.6.3 Any act, default or omission of Entrants and/or a breach of any warranty set forth in clause 7.3 hereof and/or any non-compliance by Entrants with these Terms and Conditions; and
7.6.4 Any claims brought by persons or entities other than Entrants arising from or related to the Entrant’s involvement with the ETA 2016.
7.7 Made.com is not responsible for obtaining, verifying or protecting any Intellectual Property Rights relating to the Product that has been entered by Entrants into the ETA 2016. Unless we agree otherwise, it is the responsibility of all Entrants to secure protection (if desired) for a Product which is being entered before submission. Proof of any patents, design applications or registrations, trademark applications or registrations, other rights, permissions or applications should be referred to in the entry of the Product.
7.8 Entrants confirm that they are the legal owner of all Intellectual Property Rights (and moral rights) in relation to the Product and, if not, that they have obtained all necessary permissions and licenses from relevant third parties. The Product must be original and not in breach of a third party’s Intellectual Property Rights. If any Entrants are unable to confirm that they are the legal owner of all Intellectual Property (and moral rights) in relation to a Product or that they have obtained all necessary permissions and licenses from relevant third parties to Made.com’s satisfaction, Made.com reserves the right to disqualify the Entrant.
8.1 Made.com accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by Entrants as a result of entering the ETA 2016 or accepting the prize. Made.com in no way excludes its liability for death or personal injury arising from its negligence.
8.2 Made.com reserves the right to extend, withdraw, alter or suspend the ETA 2016 or these terms and conditions at any time if circumstances beyond its control make this unavoidable.
8.4 These terms and conditions, and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with English law. Each Entrant irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions.