Version: September 2018

Website Terms and Condition 

Introduction

Welcome to our web site. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use (“Terms”) which govern our relationship with you in relation to this website. Any purchase of goods made through this site will be subject to these Terms. If you disagree with any part of these Terms, please do not use our website.

The term “we” means Uncommon Projects Ltd the owner and operator of the website www.uncommonprojects.co.uk (the “Website”) whose registered office is Unit 4, Mentmore Studios, 11 Argall Avenue, London E10 7QE and company registration number is 07544648 (references to “Uncommon Projects”, the “Company”, “us” and “our” mean Uncommon Projects Ltd).

The term “you” or the “customer” refers to the customer, user or viewer of our Website.

This Website uses cookies. By using this Website and agreeing to these Terms, you consent to our use of cookies in accordance with the terms of our cookies policy and you agree to the use of your information in accordance with our Privacy Policy.

Placing an order

The price of our products will be displayed in GBP and transactions will be made in that currency.

We are not obligated to accept your order and reserve the right to refuse or cancel any order once it has been placed. This may be done, for example, if:

·        your payment is not authorised or has been marked as fraudulent, or potentially fraudulent, by the payment system;

·        payment has been made using a card not issued in a country we dispatch to, or not where the billing address is;

·        there is an error on the website regarding the price or description of a product; or

·        if you have requested a bespoke product and it is not possible for any reason to carry out the work requested.

By placing an order with us you are confirming that any information you have given is true and accurate and that you are authorised to use the card on which payment was made.  We are not responsible for any delay resulting from an inability to validate or authorize your payment.

We are not liable for any breach of agreement, for delay or failure to perform if the delay or failure is due to acts of God, civil commotion, riots, floods, drought, fire, legislation or other cause beyond our reasonable control. This does not affect your statutory rights.

Our products

All products are subject to availability, which is subject to change. Images of products shown on the Website, and colours shown on screen, are reproduced as accurately as our electronic processes allow, but may not always represent the exact image or colour of the final product. The specifications of timber, stains, fixings, finishes and other goods may also be subject to change over time. Due to the nature of some of the timbers and finishes used there will also be natural variations in colour and surface markings. No guarantee is given that the furniture supplied will be an exact replica as appearing on the Website and the Company will not accept returns or claims of any sort on this basis.

We reserve the right to amend the details and specifications of our products as necessary, or to conform with any changes in UK or EU requirements.

We try to ensure that information regarding products on our website is as accurate as possible. However, we cannot be held responsible for any inaccuracies or errors which appear on the Website.

Prices

All prices are in pounds sterling and include VAT at the prevailing rate.

The prices shown on our product listings do not include delivery. Additional delivery charges will apply and will be shown separately itemised on your shopping cart prior to checkout.

Prices are subject to change. However, in the event of a change in prices, these will not affect any order which has been placed and agreed.

Delivery

Delivery services are provided by a third party delivery service provider. Uncommon Projects are not liable or responsible for the acts or omissions of the delivery service.

Delivery will be made to the address you have provided to us. It is your responsibility to ensure that there is an adult available at the address to sign for and receive the products.  Delivery will be made to the ground floor entrance of the premises only. Please contact us if you require a different level of service. It is the customer’s responsibility to ensure any furniture can fit through doorways or staircases, where applicable.

Responsibility for the goods will pass to you upon delivery. The customer should inspect the goods on receipt. Any damage or faults with the item should be written on the delivery paperwork at the point of delivery. Once goods have been delivered and signed for the customer is responsible for any damage or loss of parts.

Please let us know of any scaffolding or temporary structure which may impede delivery. We reserve the right to refuse delivery where, in our reasonable opinion, it would put our delivery personnel at risk. An example of such a situation would be where delivery of a heavy piece of furniture is requested over part of a building site.

We make every effort to deliver your goods within the expected timetable. However, delays sometimes occur due to unforeseen circumstances. Time is not deemed to be of the essence of the contract and the Company accepts no liability for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

Cancellation and Amends

If you wish to cancel or amend an order you should do so in writing by sending an email detailing your order number, contact details and requirement to info@uncommonprojects.co.uk or by phoning +44 (0) 20 8617 1554. We will endeavour to fulfil you request.  However, if your order is bespoke and has already started you will be charged a reasonable sum for the costs incurred.

Ex-display Items

We may sell some ex display or clearance items. These items may have some damage or parts which are missing. We will endeavour to inform you of any such defects, but otherwise these items will be sold ‘as seen’. 

For security reasons, refunds are given by the same method that the original payment was made by.

Returns policy

If any products you order from us are bespoke, made-to-order products you will not be covered by the Distance Selling (The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) (the “Distance Selling Regulations”), which means that you are not entitled by law to a refund, unless the products are defective. Cancellation of Orders in such cases will therefore only be accepted if the Company has agreed in writing to such cancellation and on condition that you reimburse the Company all costs and expenses or losses and damages resulting from the cancellation.

If you purchase appliances from the Company or goods which are not made bespoke, and you are a consumer as defined in The Distance Selling Regulations, you have the legal right to cancel your order up to 14 calendar days after the day on which the contract is entered into.  You will be given a full refund minus the original delivery fee. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. If your products have already been delivered to you, you will however be required to return them at your own cost and in good saleable condition (which means in their original packaging). In the event of any damage to the goods or their packaging, the Company shall be entitled to deduct a reasonable amount to compensate the loss in sales value of such items.

For returns you must email info@uncommonprojects.co.uk or call +44 (0) 20 8617 1554

Goods should be returned to:

Uncommon Projects Ltd

Unit 4, Mentmore Studio

11 Argall Avenue

London

E10 7QE

We recommend you use insured and/or registered post and keeping the proof of postage as we cannot be responsible for goods lost or damaged in transit.

Wood finishes

We use high-quality furniture grade veneers and plywood. However, as a natural product this can vary in grain, colour, knots and other markings.  We cannot accept returns based on natural variations.  If you have a special requirement for the wood finish please contact us prior to placing the order. 

Wood can have dimensional changes depending on the temperature, humidity and moisture present. This can lead to warpage and shrinkage issues. We cannot accept returns based on the furniture being stored in usual conditions and this causing damage to the product.  However, please note most movement can usually be rectified by fixing the temperature or moisture issues in the environment.

Use of our Website

Unless otherwise stated, Uncommon Projects owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view website pages, download website pages and print website pages for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of malicious computer software.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

Copyright and Licence

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.

You are granted a licence to use the material contained in this website subject to the restrictions described in these Terms.

You are granted a licence to download, store, view, edit, use, reproduce, copy, print, any material contained in this website for your own personal and/or business purposes.

You are not permitted to:

  • republish material from this website (including republication on another website, except in the case of social media such as Facebook and Twitter in which case you are permitted to publish extracts in order to promote use of the Website);

  • sell, rent, license, sublicense, lease, distribute, copy, duplicate, publish or reproduce material from the website and any material or any part thereof for use by any third party;

  • exploit material on our website for a commercial purpose;

  • use any material in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable.

If you breach these Terms in any way then the licence granted to you will be automatically terminated upon such breach and Uncommon Projects may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

We reserve the right to exclude any person from using this website and material contained therein where a breach of these terms & conditions is suspected.

You must retain, and must not delete or remove all copyright notices and other proprietary notices placed by us on any material.

User Content

Our Website may permit users to submit reviews and, in the future, may allow posting images, videos or other content by you and other users ("User Content") and the hosting and publishing of such User Content. You understand that whether or not such User Content are published, we do not guarantee any confidentiality with respect to any User Content.

You shall be solely responsible for your own User Content and the consequences of posting or publishing them.

You represent and warrant that:

(i)               you own or have the necessary rights and permissions to use and authorize us to use all copyright, trademark or other proprietary rights in and to any User Content to enable inclusion and use on the Website and in accordance with these Terms; and

(ii)              whilst, you retain all of your ownership rights in your User Content, by submitting the User Content to us, you hereby grant us, in addition to any other rights which we may have, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of, display and broadcast the User Content in connection with the Website and our business, including without limitation to grant access to the Website to third parties to view the User Content (and derivative works thereof).

(iii)            you will not: (i) submit material that is false or misleading copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Content and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us, our business or any third party; (iii) submit material that is unlawful, obscene, libelous, threatening, pornographic, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or (iv) misidentify yourself in submitting the User Content or misstate your true identity.

Any breach of the above warranties will result in the user’s account being immediately terminated and may result in the user becoming liable to legal action.

We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. You understand that when using the Website, you will be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us, our owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. Uncommon Projects makes no representations or warranties in relation to this website or the information and material provided on this website. 

The content of the pages of this website is for your general information and use only and it is subject to change without prior notice.

Uncommon Projects does not warrant that this website will be constantly available, or available at all; or that the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. We do not provide any warranty as to the suitability of the information and material found or offered on this website for any particular purpose. Your use of any information or material on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

You acknowledge that information and material found or offered on this website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Limitations and exclusions of liability

To the extent that the website and the information and services on the website are provided, our liability to you in relation to the use of our website or under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, will be limited as follows: Uncommon Projects and its employees will not be liable to you for any loss or damage of any nature whether arising directly or indirectly from the use of or reliance on information obtained from this website; Uncommon Projects and its employees will not be liable for any consequential, indirect or special loss or damage and will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.

Our products are provided on the basis that they will be used for personal use and we will not be liable for any loss resulting from commercial use of our products. In no event will we be liable for any loss above a maximum total of the price of the product purchased in respect of any claim.

Nothing in these Terms will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.

By using this website, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use this website.

Indemnity

If you breach these Terms you will be held fully responsible for any loss suffered by Uncommon Projects as result of such breach and will be held accountable for all profits made from breaching these Terms.

You agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms.

Other Websites

Our Website may contain links to other websites that are not under the control of and are not maintained by us. Uncommon Projects is not responsible for the content or reliability of the linked websites. Uncommon Projects provides these links for your convenience only but does not endorse the material on these sites.

Waiver

The failure by Uncommon Projects to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the right at any time subsequently to enforce all Terms.

Severance

If any provision of these Terms shall be found by any court to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.

If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.

Variation

We may revise these Terms from time-to-time.  Revised Terms will apply to the use of our website from the date of the publication of the revised Terms on our website.  Please check this page regularly to ensure you are familiar with the current version.

Exclusion of third party rights

These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.

Entire agreement

These Terms constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this Website.

Jurisdiction and governing law

These Terms shall be governed by and construed in accordance with English law. Any dispute, claim or matter arising out of, or relating to, these Terms shall be subject to the exclusive jurisdiction of the English courts.

This website is owned and operated by:

Uncommon Projects Ltd

Unit 4, Mentmore Studios

11 Argall Avenue

London

E10 7QE

Company registration number: 07544648

VAT number:  216 0148 48

For enquiries, please email us at enquiries@uncommonprojects.co.uk