CHUNKY MONKEY ‘Terms and Conditions of Sale’
The Chunky Monkey ‘Terms and Conditions of Sale’ form a legally binding contract between us and you. The contract is formed upon issue of your Sales Order Number. Your Order goes into process as soon as the Sales Order Number has been confirmed and full payment received. Please choose carefully, match your colours where necessary and measure any areas you think may be a problem prior to placing your Order.
1. The following definitions apply to these Terms of Sale:
1.1. Business Order - an order for Goods which are for non-domestic use and/or where the purchaser is a business.
1.2. Bespoke Goods - i.e. item not a standard offer within our current portfolio.
1.3. Order - your offer to purchase Goods from us.
1.4. Sales Order Number (“SON”): The document entitled ‘Sales Order Number’ which confirms that we have accepted your Order, subject to the details enclosed within.
2. Basis of Sale
2.1. We shall sell and you shall purchase the Goods in line with any SON. Your confirmation of the SON details is given upon receipt of the SON unless you notify us otherwise within 7 days of the SON issue date. See clause 3.2 below.
2.2. Any typographical, clerical or other error or omission in any sales or marketing literature, quotation, price list, SON, invoice or other document or information issued by us shall be subject to correction at our discretion without any liability on our part. This includes but is not limited to errors in the calculation of a discounted price. We shall have the right without any liability whatsoever to refuse or cancel any Order or SON that states an incorrect price. We shall have the right to refuse or cancel any such Order whether or not the Order has been confirmed and you have paid in part or in full. If a payment has already been made for a cancelled Order then we shall issue a refund of the amount paid. This does not affect your statutory rights.
2.3. All advice or recommendation provided by us or our employees as to the care, maintenance or use of the Goods which is not confirmed in writing by Chunky Monkey is followed or acted upon entirely at your own risk. Consequently, we will not be liable for any such unconfirmed advice or recommendation.
3. Orders and Specifications
3.1. All items displayed or promoted as being available for sale are subject to availability.
3.2. Responsibility lies exclusively with you for ensuring the accuracy of the details of any SON (including but not limited to your contact details, delivery address, description and quantity of Goods) and for giving us any necessary information within a sufficient time to enable us to successfully deliver the Goods to you.
3.3. All drawings, descriptions, illustrations, samples, weights and dimensions provided whether on the Website, in the Shop or on other marketing materials are approximate and intended for general guidance purposes only and their accuracy cannot be warranted by Chunky Monkey. Photographs are for illustrative purpose only, and may not exactly match the product itself.
3.4. All materials are sold subject to natural variations in colour, markings and texture.
3.5. All Business Orders and Orders for Bespoke Goods must be specified in writing and are subject to our express acceptance. With respect to Bespoke Goods produced according to your specifications, your submission of any design specifications to us shall constitute an assignment to us of all worldwide rights, titles, and interests in all copyrights, design rights and other intellectual property rights in the specifications and furthermore you shall defend us at your expense and pay all costs and damages of any kind (including our legal fees) incurred by us as the result of any suit or other legal proceeding against us for infringement of any patent, trademarks, copyrights, design rights or other rights by reason of use of such specifications, provided we promptly notify you of such claim of, or suit for, infringement and tender the defence thereof to you. Additionally, at our option, we may be separately represented in any such suit at our own expense.
4. Price of Goods
4.1. The price as stated on the SON is the set price for the Goods. Any product prices shown on the Website and in the Shop are UK retail prices inclusive of VAT. They do not include any delivery charges. Any promotions, discounts or special offers displayed will only be applicable for orders placed at the time of such display.
5. Payment & Finance
5.1. Purchasing online requires full payment by all major credt/debit cards. Alterantively you may contact us directly to pay a deposit to commence your order.
5.2. Bespoke Goods: A minimum 50% deposit is required upon Order, with the balance payable by 1 week prior to delivery.
5.3. Business Orders: A minimum 50% deposit is required upon Order, with the balance payable by 1 week prior to delivery.
5.4. For all Orders, Goods will not be despatched until full payment has been received.
6. Cancellation of an Order
6.1. We regret that Orders cannot be cancelled once an SON has been issued.
6.2. Please note that if a payment has been made prior to the time of cancellation then this cannot be refunded.
6.3. Cancellation by Chunky Monkey: we reserve the right to cancel your Order (in full or in part) at any time due to any reason whatsoever including but not limited to the discontinuation of Goods or an inability to source the materials to make your Order within a reasonable time. We will notify you via the contact details provided on the SON. Any payments made for such cancelled Goods will be refunded. Chunky Monkey will not be obliged to offer any compensation.
7. Delivery & Acceptance
7.1. Delivery of the Goods occurs when we have delivered the Goods to the delivery address as stated on the SON.
7.2. The product prices displayed do not include delivery. Standard delivery charges based on areas around the UK can be viewed on the Website. The delivery charge will be calculated once you have entered your postcode at World Pay checkout.
7.3. The delivery charge shown is applicable for all items of furniture.
7.4. Your furniture will be delivered in a Chunky Monkey van along with a one or two-man team who will assemble the furniture in a room of your choice.
7.5. It is your responsibility to:
a) advise at the time of Order if there are any vehicle size or access restrictions which may affect the delivery; and
b) provide non-slippery protection for your floors (both for carpets and wooden flooring) from the front door to the final placement of the Goods. We cannot carry enough protective sheeting for all our deliveries. Chunky Monkey cannot be held responsible for damage to floors or carpets if they are insufficiently protected; and
c) ensure that the access to the area and the area itself for the Goods to be installed is clean and clear of obstruction prior to our arrival. We are not responsible for moving any existing furniture or any other objects. We will not take any unwanted furniture or other objects away for disposal.
Please note: Our regular delivery schedules run on Mondays-Fridays. The delivery teams run to a tight schedule and we appreciate your assistance and cooperation in the above. Severe weather conditions may affect deliveries and this is beyond our control.
7.6. Delivery charges include installation where required, i.e. assembly of your new furniture ‘in situ’. Installation does not include the mounting of mirrors or shelves on a wall. Where it is agreed that we shall install the Goods, then we will do so as soon as practicable after delivery, and usually at the same time as delivery. Except in cases of negligence we will not be liable for any loss or damage suffered by you as a result of us installing the Goods or in the event of any delay in installing the Goods. For the avoidance of doubt this includes, but is not limited to, any loss of earnings through a cancelled, failed or otherwise unsuccessful scheduled delivery arrangement.7.7. We will use reasonable endeavours to complete delivery on or before any delivery dates which you have requested or we have estimated at the time of placing the Order. If no dates are so specified, delivery shall be within a reasonable time. Any dates that we specify for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. We shall not be liable for any delay in delivery of the Goods howsoever caused. If delivery cannot be achieved within the specified time, you will have the option of cancellation of the Order. We will not be obliged to offer any compensation for disappointment suffered. Upon giving reasonable notice to you, we may deliver the Goods in advance of the stated delivery date.7.8. You shall accept a mutually pre-arranged delivery time/date (“Scheduled Delivery”) and you are responsible for ensuring that (i) you provide adequate delivery instructions, and (ii) appropriate access is available to the delivery team and their vehicle, and (iii) you, or a responsible adult on your behalf, are present to accept the delivery. If you are the cause of a failed delivery attempt, either due to failure of your responsibilities above or for any other reason whatsoever, then we reserve the rights to:
7.8.1. charge you for the unsuccessful delivery attempt; and
7.8.2. charge you for the costs (including insurance) of storing the Goods until actual delivery; and
7.8.3. charge you for a redelivery, if applicable.
Any charges levied under this clause 7.8 are for the provision of an extra service and are non-refundable.
7.9. If you wish to change the delivery date once it is agreed then please give us no less than 3 Business Days notice prior to delivery. Notice within 3 Business Days of a pre-arranged delivery time/date will incur a rescheduling charge of £45.
7.10. Responsibility for inspecting the Goods upon delivery rests solely with you. You shall examine the Goods upon delivery and shall promptly (in any event within 14 days of delivery) notify us of any apparent damage, defect or shortages. We shall act promptly to resolve the issues.
7.11. Your failure to notify us otherwise within a reasonable time will result in you being deemed to have accepted the Goods. After acceptance you shall not be entitled to reject Goods in return for a refund, although you may be entitled to a repair or replacement of Goods in accordance with clause 10.
8. Chunky Monkey Returns Policy, Exchanges & Amendments to Orders, Faulty Goods, Refunds
8.1. Faulty Goods which do not conform to the contract may be returned prior to acceptance for a full refund. Following acceptance, if you do find a fault within your Goods we request that within 7 days of such discovery you provide notification to us with a description of the fault including photos if possible and that you cease using the Goods. We shall act promptly to resolve the issue in accordance with your statutory rights, however please note that we shall not be liable if you continue to use the Goods or if you attempt to alter or repair the Goods without our written consent. There are no circumstances in which you can reject the Goods on the basis of defects or failures which are so slight that your rejection would be unreasonable.
8.2. No refunds will be given on Bespoke Goods or Business Orders unless there is a manufacturing defect or the Goods are not as specified on the SON.
8.3. Faulty goods will be exchanged without incurring a collection/delivery charge* except in the event that (i) you collected the original Goods but require collection/delivery for the exchange in which case a delivery charge will apply; or (ii) you received free delivery for the original Goods in which case a delivery charge will apply for the exchange of Goods. Your original delivery charge will not be refunded. Delivery/collection charges will apply for subsequent returns and exchanges.
8.4. Gift vouchers are non-refundable.
8.5. If you wish to add Goods to an existing Order then Chunky Monkey will use reasonable endeavours to fulfil your request. Such additional Goods are not subject to the same promotional offers as the original Goods unless the promotion is still active. Any excess payment due must be made prior to delivery of the additional Goods and extra delivery charges will not apply where the supply of such additional Goods can be included within a delivery for the original Order, whether scheduled or not, without causing any delay, complications or extra costs (at our own discretion).
8.6. If you wish to add Goods to an existing Order and, despite reasonable endeavours to fulfil your request, Chunky Monkey are unable to deliver the additional Goods within an existing/planned visit then the additional Goods will be treated as a new Order and a delivery charge will apply as normal.
8.7. The contract is based upon the Goods being located at the delivery address as stated on the SON. In the event of the location changing at any time then we reserve the right to charge you for any excess in costs reasonably incurred by us as a direct result of such change in location of the Goods, whatever the reason including but not limited to collections or service visits in the event of faulty Goods.
8.8. Any refunds will be made as soon as reasonably possible after agreement by Chunky Monkey to make the refund and in any case within 30 days at the latest. Refunds of payment or deposits for Goods will be given at the value paid (using the same payment method as used for the payment) minus any charges levied in accordance with these Terms.
9. Risk and Retention of Title
9.1. Ownership of all Goods shall remain with Chunky Monkey until both (i) full payment has been received and (ii) the goods have been either collected or successfully delivered.
9.2. Risk in Goods (including damage & loss) shall pass to you at the time when you collect the Goods or when we deliver the Goods or, if you wrongfully fail to take delivery of the Goods, at the time when we have tendered delivery of the Goods.
10.1. Your Goods are guaranteed such that should any structural or manufacturing fault occur during the guarantee period then we will either repair or replace (at our own discretion) the faulty items free of charge, subject to the terms and conditions set out in this clause 10.
10.2. The guarantee applies to UK Mainland only.
10.3. We shall have no liability whatsoever in respect of this guarantee if any sum owing by you to us has not been paid.
10.4. The guarantee period begins on the date of collection/delivery and is dependent upon the furniture type, as set out here:
a) 15 year guarantee period: All Chunky Monkey-brand 100% wooden furniture e.g. dining tables, outdoor tables, wooden benches, chairs and stools, wooden beds, wardrobes, chests, cabinets, shelving units, coffee tables, timber-framed mirrors, bedside tables, bookcases, AV units.
10.5 Guarantee Exclusions:
a) Your Goods are guaranteed for normal domestic use, and not for commercial use.
b) Your Goods require some routine maintenance. Please take care to treat your furniture like the fine product it is. Proper care and use are essential to preserving your rights under this guarantee. We will not replace or repair your furniture if improper maintenance or improper use causes damage. This guarantee does not apply if your product is damaged by the use of detergents, abrasives or other harsh cleaning agents.
c) Wood has certain natural characteristics such as shrinkage, swelling, hairline cracks and minor movement due to changes in temperature and humidity. These may appear and disappear with the changing weather conditions. This will not affect the durability, serviceability or lifespan of your furniture and normal movement within wood is completely normal. These natural movements are not a structural defect and are therefore not covered under this guarantee.
d) Naturally, fair wear and tear in normal domestic use is excluded. Please don’t be worried by this, it is a usual guarantee exclusion and all that it means is, for example, that we will not replace a table that is 14 years old because it looks used – that’s fair isn’t it?!
e) Keep indoor furniture out of direct sunlight. The ultraviolet rays of the sun can damage wood – such damage is excluded.
f) Keep indoor furniture in and keep outdoor furniture out. The Goods are designed and built to suit their intended environment and thus are only guaranteed for such use.
g) The guarantee does not apply to Tailor-made / Bespoke Goods and Coorporatel Orders.
10.6. The guarantee given by Chunky Monkey shall only apply to the original purchaser as named on the SON paperwork. It is not transferable or assignable.
IMPORTANT: When you purchase your Goods please keep your SON paperwork safe. This will contain your Sales Order Number, which must be quoted in order for your guarantee to be valid. If you wish to make a claim under the guarantee please contact us by phone (01392 490590).
11. Domestic Use
11.1 Chunky Monkey Goods are sold for domestic use only. Any other intended use should be declared at the time of placing the Order and may be subject to alternative terms & conditions of sale. Chunky Monkey takes no responsibility for, and will not incur any liability in respect of Goods which are used for purposes other than domestic without you having informed us at the time of placing your Order.