T&C’s for Mark Harris Upholstery Ltd (Co Reg 6726630)

You will only be able to place your order once you have accepted our standard terms and conditions, internet and telephone orders are subject to the same terms and conditions.

PLEASE REFER TO THE DELIVERY TIMES TAB ON THE LEFT OF ANY WEB PAGE FOR DISPATCH SCHEDULE FOR YOUR PARTICULAR ORDERS.

Please take note of all the help provided in the left-hand menu as to production tolerances, recycling and joining policy.

Upon receipt of your parcel, you should fully unwrap it as soon as its received and allow the foam for 24 hours to settle before you check the sizes. We allow a further 24 hours to notify by email any errors, it is important that you observe this requirement. Foam being a porous material can permanently shrink or compress if left wrapped for prolonged periods. Large foam sizes may be folded for carriage.

All orders to thefoamshop.co.uk (online) or Mark Harris Upholstery Ltd (TheFoamShop) telephone and mail order are subject to the following terms and conditions. Please note Some orders are subject to Distance Selling Regulations, these are your statutory rights and are not subject to any variation by us whatsoever. However, all bespoke items are exempt and are subject to our terms and conditions listed below. 

Instant Quote Shape Menu:

Please take great care when choosing your required shape, errors can occur if you attempt to manipulate the shape outside the shapes calculation parameters. We can only supply foam to the shape and size provided in the A, B, C, D fields. For shapes other than those displayed in the Shape menu carousel, please contact the sales department for a price.
For example if you require a foam circle, please do not order a square then give instructions to cut it as a circle.

Foam Grade Substitution:
We may without notification substitute the grade of foam chosen by the customer. The substitute will be the same firmness or density however the colour may differ.

Distance Selling regulations:

For stock items (not foam cut to size):
You can cancel your contract at any time, up to 7 working days after the day your order is dispatched or received. To do this, please e-mail us or write to us. Any memory foam products must be returned in the original packaging. Memory products are double wrapped, the internal poly wrap acting to protect the item, thus ensuring the product reaches the customer in a perfect hygienic condition. We do not accept the return of memory products that have been used, due to hygiene reasons. Topper, pillows & mattresses are UV use tested upon return.

If you cancel, you must return the goods to us at your own expense.

Cancellation of bespoke foam orders:
Once placed orders cannot be cancelled (your statutory right unaffected). We do not accept cancellations if as a result of delivery delays, caused by disruption to the normal workings of the freight carriers e.g Industrial action, poor weather conditions and any other circumstance that may prevent a timely delivery out of the control of Mark Harris Upholstery ltd. Customers are required to contact the carrier upon receipt of missed delivery calling cards immediately. We will at our discretion cancel orders without notice, in the event of any abusive behaviour towards any members of staff assisting customers with their order. Customers are reminded that is their responsibility to check that the foam ordered is suitable for the application for which it is being used . Orders placed on the condition that they are to arrive on a specific date or time must be accompanied by an email conformation from Mark Harris Upholstery Ltd, as this is a variation of our normal delivery terms.

Re-stocking charge:

All stock item orders may be cancelled prior to dispatch or within 7 days of receipt, the cost of Distance Selling returns is at the customers own expense. Bespoke made to measure orders cannot be cancelled at anytime. However exceptions can be made, any refund due will exclude our out bound delivery charge and be subject to a 50% restocking charge.

Dispatch times: (See Delivery info tab on the left of any web page).
All published dispatch times can be subject to change due to circumstances beyond our reasonable control, including but not limited to Poor weather, keys Staff Sickness, (in the case of upholstery services) delays in raw materials. Orders can only be cancelled if a specific delivery timescale has been agreed between the company and you the customer at the time the order was placed, this must be in the form of a confirmed email (example; Order number 12345 must be delivered on or before a certain date). No contract exists in respect of delivery times between the company and the customer, dispatch times are only as a guide however 95% of orders are dispatch early or on time.

Credit or Debit card fraud:
PLEASE READ THE FOLLOWING AS IT FORMS PART OF A BINDING CONTRACT.

Please ensure that when placing your order using a credit/debit card, that the information you provide in the billing address matches that of the address to where the card is registered.

When paying by credit or debit card we expect to receive a complete data match, the cards long number, expatriation date or valid from date, security code, postcode and house name or number. Your payment will clear. However, with just the first three listed above, we reserve the right to hold goods prior to delivery in the event that we do not receive a perfect data match. At the discretion of Mark Harris Upholstery ltd, we may require extra validation such as recent utility bill, copy drivers’ licence etc. We accept no liability whatsoever in the event of delivery delay, nor will we accept any cancellation of orders as a result of our card security screening protocols.

If the payment address and the delivery address you provide don’t match, we will be unable to release orders for dispatch unless we are able to verify the billing address provided at the point of sales. You may be required to provide a copy of utility bill or some other proof of residence at the payment address. We will not accept cancellation of orders or claims of consequential loss for any delays caused in the dispatch of goods on order. Please note this requirement is a binding contact between you the buyer, and Mark Harris Upholstery Ltd, having accepted our terms and conditions.

Consequential loss:
No liability is accepted for consequential loss in respect of damaged, missing, or late deliveries and negligence however caused. Including but not limited to the return of customers property or errors of any kind made by the carrier, notification of delivery, I.T. failures of any kind and all reasonable circumstances beyond our control. In the unlikely event that customers covers should go missing as a result of but not limited to the actions of the carrier, we are unable to accept any consequential liability. Our liability will be limited to the carriers general terms of carriage.

Damage:

No liability is accepted in respect of damaged goods, unless our terms and conditions are met in full.

All delivered items must be checked for damaged packaging upon arrival and the delivery note marked as damaged before you sign. Please report damaged goods to Mark Harris Upholstery ltd within 24 hours by email or phone. In the event of missing or damaged items, please fully unwrap your items upon delivery for inspection. Please return any damaged items for inspection, we will of course refund your reasonable postage expenses in the event that the item/ items prove to be damaged or faulty in transit. In the case of large orders, we will arrange return carriage for you.

Customer must be available to facilitate collection within 7 working days. Whilst we will rectify any damages, we are unable to offer a refund for bespoke items (your distance selling rights remain unaffected). Please note damages most often occurs if deliveries are unsuccessful, due to non-response to calling cards etc. No orders made to measure can be cancelled due to damage in transit beyond our control, nor can orders be cancelled due to proceeding delay in replacing damaged goods. Replacements can only be sent once damaged items have been returned. We reserve the right to cancel orders that have been damaged in transit.

Clearance Sales:
Foam specially discounted due to stock clearance, my not be covered under the distance selling regulations if it requires cutting to your specification. Clearance lines not requiring any intervention are covered under the distance selling regulations. Clearance Line may have some slight damage and Light penetration, these items are bought unseen.

Stockinette Damage:
Stockinette can be damaged as a result of careless handling, great care must be taken when handling items that have stockinette fitted. Please note it is the nature of this product to catch, snag and ladder with no effect on the products performance.

DO NOT ORDER STOCKINETTE IF YOU ARE UNABLE TO ACCEPT THE ABOVE LIMITATIONS.

Returned Items:
The customer is required to take all possible care to return items in such a way to prevent any further damage. We require that all returned items must be sent on a service that can be tracked, from collection to delivery. Proof of delivery may be required for goods being returned for credit. Mark Harris Upholstery ltd accept no liability under any circumstances for lost or missing items, where delivery is arranged by the customer returning goods. Customers wishing to return goods under the Distance Selling Regulations must do so at their own expense.

MISSING ITEMS:

Please notify us of any missing items within 48 hours of receipt.

Terms of carriage:
It remains the responsibility of the customer to make themselves available to receive delivery of their order and that they have chosen the correct delivery tab. Bespoke orders will not be shipped until the correct postage is paid. Customers will not have the option to cancel bespoke made to measure orders, stock items are unaffected and customers are required to check either email or text notifications as to their delivery date and time from the carrier. Customers failing to make themselves available are liable for any cost incurred by Mark Harris Upholstery Ltd, in respect of parcels returned to the sender and the subsequent redelivery costs. Storage of returned orders is chargeable at £1.20 inc vat per parcel, per day.
Subsequent parcel damage after failed attempted delivery remains the responsibility of the purchaser.

International Deliveries:
We have no mechanism to check if the correct postage has been applied prior to dispatch. Customers using the UK delivery tab at the checkout, are liable for an increased delivery charge if their goods are to be sent to the EU. Orders cannot be cancelled in these circumstances.

Customer error:
Any orders placed in error by the customer must be amended before reaching production, in the event that goods have been produced to an incorrect specification it remains the responsibility of the customer. We will accept returns in exceptional circumstances; however we will apply a re-stocking fee of 50% of the original price paid. We will also deduct our outbound delivery charge from any refund due. It remains the responsibility of the customer to choose the best foam that suits their purpose, comfort and firmness are subjective concepts and so in these matters no responsibility rests with the supplier Mark Harris Upholstery Ltd.

Alterations:
Prior to dispatching we can alterations the size and thickness, however we are unable to refund any size differential and may charge, should the adjusted dimensions increase the volume of the order.

Our error:
If you believe your items to be incorrect, please fully unwrap your purchase as foam can compress if left wrapped for prolonged periods. Please allow 24 hours before reporting any error in sizing to allow the foam to settle. Please report all errors by email only.
In the unlikely event that we make an error, we will endeavour to resolve the matter swiftly. However, in regards to goods being returned, we are unable to arrange collection for items that can be returned via the post office.

We can only arrange for collections of oversized items or order values of over £120. In the case of incorrect sizes we will require verification before we can credit or replace. Verification my require the incorrect item to be returned, or in some circumstances a photo is acceptable. Simply return the incorrect items for a refund of the total price paid, plus your reasonable cost of return postage.

Advice given:

We are always happy to give our opinion in respect to the correct foam, for any specific application. Please note in matters of comfort/firmness are subjective, we cannot be held responsible if the comfort or firmness does not meet your expectations.

Foam smell:
All foam when freshly cut can have a distinctive odour that will very quickly disperse when aired in a well ventilated room. Returns due to smell are only accepted in limited circumstances.

Discolouration:
All foam is highly photo sensitive and will discolour quickly due to UV Light penetration, this is normal and will not affect the performance of the product in anyway. The discolouration can be extensive or very localised. Blue foam will turn Green, White foam will turn Yellow, Yellow foam can have a Brownish colour and Grey foam will turn Yellow/Green. No cancellations will be accepted on the grounds of discoloration.

Missing items:
The responsibility to report missing item lies with the customer. Items not delivered during the listed delivery time must be reported with in 14 days from the end of the published dispatch period.
Please note we will try if possible to honour requests, for items to be left without signature however, this is done at the customers own risk and at the discretion of the delivering driver.

Mark Harris Upholstery Ltd cannot be held responsible for any consequential loss arriving from non-delivery of goods.

Disputed Proof of delivery:
If you dispute your proof of delivery, you must have contacted us within the 14 day of the missing parcel period to make such a claim.

Predicted Delivery Notifications:
Customers who choose to arrange for goods to be left without signature or in a safe place via the email or text notification system from any carrier used by Mark Harris Upholstery ltd, do so at their own risk. Mark Harris Upholstery ltd accepts no liability of any financial loss or consequential loss for any items that go missing. Mark Harris Upholstery ltd require the safe delivery of goods to your door and all goods to be signed for.

Refused Delivery:

If we receive goods back for any reason where delivery has been refused without prior consent, the returning items being sent on our original outbound consignment will be deduct from the cost of the return postage and 50% of the order value, in respect of any credit due.
Goods returned under the distance selling regulations.
It remains the responsibility of the buyer to return the goods.

Dispatch:
All order takes up to 14 working days to dispatch.

Non EU VAT:
We have an option for the removal of Vat form your order, this in only valid for orders outside the EU. Clicking this option in the UK is not permitted under any circumstances. We do not accept any cancellation or give refunds of orders placed as a result of this action. Goods will be cut but will not be shipped until the VAT is Paid in full.
We do not offer VAT exemption for the disabled, as our product are not only exclusively available to disabled customers.