Terms And Conditions for the use of www.4yhtextiles.co.uk (Our Website).
Thank you for visiting the website of 4 Your Home Limited. The Terms and Conditions below apply to the use of this website and by accessing the website and/or placing an order you agree to be bound by these Terms and Conditions set out below. If you do not agree to these Terms and Conditions you may not use or access this website. We will from time to time update our Terms and Conditions. Your continued use of our website shows that you agree and will abide with these updates.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
If you have any queries relating to these terms and conditions you can contact us via email at email@example.com (Subject Terms And Conditions) where we will try and get back to you as quickly as possible (We have access to Emails 7 days a week including Bank Holidays) or you can phone us on 01925-875703 between 9.30am and 5pm (Monday-Friday not including Bank Holidays). If we are unavailable please leave a message (please state the subject Terms and Conditions, your name and contact number) and one of our customer Service Colleagues will respond as soon as possible. All calls are charged at the rate you have agreed with your provider for UK Mainland calls. We do not record any calls apart from where you have left a message.
1. Use of Website
6. Acceptance of Order
7. Contract Cancellation Under Consumer Contracts Regulation
8. Description of Product and Product Images.
12. Ownership of Rights.
13. Intellectual Property.
14. Compliance With Laws
15. Limitation of Liability.
19. Entire Agreement.
21. Contact Information.
Use of Website.
You are provided with access to this website in accordance with these Terms and Conditions and any orders places by you must be placed strictly in accordance with these Terms and Conditions.
• We/Us mean 4 Your Home Limited's Website located at www.4yhtextiles.co.uk
• Website means the website located at www.4yhtextiles.co.uk
• User means any user of the Website.
• You means a user of this Website.
• Buyer means the person who has ordered and paid for the products.
• Personal Information means information that you have entered onto the website.
• Third Parties mean any trusted person/company that host our website, assists us in fulfilling your order, improving on your shopping experience with us or assist us in contacting you with regards to sales or promotions or product features.
• Product means a product on sale on this website.
• Product Description means any information we share with you about that particular product or group of products.
• Image is the picture/pictures of the product that exist on our website.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Here at 4YH Textiles (4 Your Home Limited) we respect and value your privacy greatly, however we need to gather certain information about you to be able to fulfil your order with us.
We gather data about our customers from a number of sources. Where we receive and order from Amazon or eBay, 4YH Textiles identifies itself as the Data Processor in term of the General Data Protection Regulation 2018. Where orders are fulfilled via ourselves we identify as the Data Controller.
What data do we collect?
When you order we will record your name, address, email address, phone number and delivery address. We use Pay Pal Website Payments Pro for all our online payments/telephone orders or direct sales. We do not store credit card details, nor do we share credit card details with any third parties.
We also need to record the product information that is included in your order and any special instructions that you have included or informed us of separately. Without this information we would be unable to process your order or notify you of our acknowledgment of your order and subsequent information as your order is processed.
We keep a record of your orders with us so that we can deal with any issues and so that we can tailor future promotions and offers which we feel will to suit or benefit you. Please note that we keep a record of any emails that you send to us in relation to your order or account in able for us to provide you with the highest standard of customer service for now and in the future.
We may also collect your personal information for email marketing purposes – we will only market to you via email with your explicit consent – which will be gathered at the time of ordering.
Where is your data stored?
Our store is hosted on Shopify Inc. and our order management system is hosted by Zenstores, these platforms reside within the European Economic Area (EEA), however data may sometimes be transferred out of the EEA for legitimate business purposes. Where this is done, the data is transferred to countries and environments recognised by the EU with adequate data protection regimes – these include Canada and EU-U.S. Privacy Shield environments in the United States.
Where we store any data on our internal systems, this data will be stored securely within the European Union and with robust levels of data protections.
Our lawful purposes for processing data
We have identified that, in order to fulfil your order, we need to process your personal information for the following lawful purposes:
- in the performance of a contract and;
- in the legitimate interests of 4YH Textiles as an e-commerce business.
Where we email market to you, our lawful purpose for doing so will be:
- based on consent, which we will gather at the time of ordering or;
- in the legitimate interests of 4YH Textiles when you open an account via our website and Shopify or leave an order open in your basket on a website.
If you wish to be removed from our Mailing List after initially giving us your consent, please email us at info@4yhyextiles so we can action your request.
Transferring personal data to third parties
Sometimes your personal information will have to be disclosed to third parties. These third parties may include our delivery partners, third-party fulfilment units, law enforcement and other official bodies. We will only disclose this data where one of the following lawful purposes apply:with the explicit consent of you, as the Data Subject;
- in order to fulfil a contract;
- in order to comply with a legal obligation;
- to protect the vital interests of the data subject or human life;
- in the public interest or for official functions or;
- in the legitimate interests of 4YH Textiles as the Data Controller.
Where we pass this data to third parties, we will ensure that your data is secured and encrypted in transit and at rest. We ensure that any third-party to whom we pass personal data implements robust technical and organisational controls for data protection. Where we use cloud providers to store data, we ensure that all providers store data in locations compliant with the General Data Protection Regulation (GDPR).
How long will we retain your data?
When your order is fulfilled, your details will be archived immediately, and your order information deleted after 3 years. Any data we hold in paper format will be destroyed after a maximum of 6 months.
Where we are not the Data Controller for your information (whereby your data has come to us from eBay, Amazon, PayPal or Shopify) please refer to the privacy statements for these providers with regards to retention periods and your rights.
How do we protect your data?
We take information security extremely seriously and have implement rigid information security processes to protect your data. Some of the technical controls we have implemented to secure your data include encryption, two-factor authentication, secure backup, staff training and a review of cyber and physical security for our business.
We have certified to both the IASME governance and Cyber Essentials certifications to demonstrate to you, our customers, that we take the protection of your data seriously.
You have rights over how your data is processed, your rights are: the right to access;
- the right to rectification;
- the right to erasure;
- the right to restrict processing;
- the right to object to processing;
- the right to data portability;
- the right to complain to a supervisory authority; and
- the right to withdraw consent.
To exercise any of these rights, please raise a subject access request (SAR) to our Data Protection Manager (DPM).
Subject access requests (SARs)
You have the right to receive confirmation from us that your data is being processed and access to the data which we are processing.
We must provide an individual with a copy of the information the request, free of charge. This must occur without delay, and within one month of receipt. We endeavour to provide data subjects access to their information in commonly used electronic formats, and where possible, provide direct access to the information through a remote accessed secure system.
You may inform us at any time to stop using your data for marketing purposes. We may also retain your personal data to comply with other legal obligations or in our legitimate interests. When we make a decision on this, this will be done fairly and transparently, and you will have the right to challenge this decision by contacting our Data Protection Manager.
Subject access requests and enquiries can be directed to our Data Protection Manager:
4YH Textiles Data Protection Manager
Name: Michael Daly
Phone: 01925 875 703
You have the right to take any complaints about how we process your personal data to the Information Commissioner, who can be contacted via the following means:
0303 123 1113.
Information Commissioner's Office Wycliffe House
Cheshire SK9 5AF
Acceptance of Order.
To purchase any products on our website you must be over 18.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from our Website.
Orders placed online are an offer to purchase made by you and may be accepted by us subject to availability.
We endeavor to display all products in our current internet range and combine certain products into package offers which might be available at a lower price than the combined individual prices. Goods are subject to availability.
In the event that we know that we are unable to supply the product(s), we will automatically highlight this as being out of stock. Unfortunately occasionally we might find that we are unable to fulfill your order or part of the order due to an error in the inventory, the product is damaged or subject to a recall by the Manufacturer (which we have only just known about). In this event we will inform you by email (if we have your correct email address) about the error and when we expect the goods to be back in stock or if there is a possible substitution. You can then make a decision based on these facts whether or not you wish to continue with the order or cancel the order or part of the order. If you continue with the order we can dispatch the parts that are available and follow on with the out of stock item within the timescale we have promised or wait on your instructions to dispatch it all together within the promised time frame. This does not affect your statutory rights. If we are unable to fulfil the order as promised we will refund you for the item we could not fulfill and/or refund you for the whole order on return (including return charges) or straight away if we have not sent the order to you.
The process required creating the contract between you and us are as follows:
1. You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
2. We will send to you an order acknowledgment email detailing the products you have ordered. This is not an order confirmation or order acceptance from 4 Your Home Limited.
3. As your product is shipped from our warehouse/fulfillment centre/other location we will send you a dispatch confirmation email.
4. Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it before dispatch. Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.
- You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
The contract will be concluded in English.
Details of your individual contract can be obtained by contacting us directly via email, phone or writing. For full contact details see our Contact Us page and/or details at the end of our Terms and Conditions.
Contract Cancellation under Consumer Contracts Regulation.
Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right and notify us no longer than 14 working days after the day on which you receive the Products (You can of course cancel before we dispatch the goods).
If you wish to exercise your right to cancel this contract after your order has been received, we will refund the original purchase price and delivery charge (if applicable), provided that you have notified us in writing/email no longer than 14 working days after the day on which you receive the Products, and that you have taken reasonable care of the Products and not used them. (Please refer to our contact details in our returns and refund policy), we will then guide you through our returns process which full details of are available in our Returns and Refunds Policy. PLEASE NOTE THAT RETURN POSTAGE AND PAYMENT FOR THE RETURN IS THE RESPONSIBILITY OF THE BUYER.
Please note that your right to return Products does NOT apply to Products which fall into the following categories unless they are faulty or not as described: Made to Measure or Personalised Goods.
Description of Product and Product Images.
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy. All sizes and measurements are approximated; however we do try to make sure that they are as accurate as possible.
All images are taken from the exact products we have for sale on our website by the supplier or internally. However due to studio lighting and the personal settings of the device you use to access our website they can only be regarded as representative of the product as screen resolution, brightness and contrast settings can alter the look of the actual product. Any return costs as a result of image quality are the responsibility of the buyer (please see our returns and refund policy).
Please Note That The Sizing Quoted Is Approximate And There Is A Manufacturing Tolerance Of 5% (+/-) Which We Cannot Accept Responsibility For.
All prices are stated in pounds sterling. Prices include delivery (unless otherwise stated) and VAT. In the event that you order an item and the price published on the Site was incorrect for any reason we will contact you to let you know the correct price and ask you whether you still wish us to fulfill your order at this price. If we cannot contact you within 48 hours we will consider your order as cancelled and you will receive a full refund if you have already paid for the goods.
If the price of the goods is reduced after you have had your order accepted but before you receive your goods we will happily honor this reduction. Please contact our Customer Services Team.
Whenever we refer to the previous price of any item on the Site, that item will have been offered for general sale at that price for 28 consecutive days in the previous 6 months at this site.
Whenever we refer to the price when sold separately we refer to the individual prices you pay for each item as per our website listings which will have been offered for general sale at that price for 28 consecutive days in the previous 6 months at this site.
We constantly check our pricing to make sure we offer great value for money. We however cannot match our competitors’ prices as we include delivery (unless stated) in all our prices.
We can therefore accept Visa, Master Card, Maestro Switch, Solo, Delta, Visa Electron, American Express, Instant Bank Transfers and of course Pay Pal itself.
I am afraid we only accept payments using Pay Pal Websites Payment Pro and cannot accept Cash, Cheques, and Postal Orders etc.
If for any reason there is a delay in accepting your payment we cannot be held liable for any late delivery as a result.
STANDARD DELIVERY - BASIC FACTS
All STANDARD deliveries by 4YH Textiles are free of charge (except where indicated on the listing/subject to change at any time). We deliver to all UK postcodes including the Channel Islands (we do not offer any vat refunds for goods sent to the Channel Islands).
We aim to dispatch all goods within two working days (Monday-Friday excluding Bank Holidays) of cleared payment. In most cases we dispatch within 24 hours. We use a number of different delivery methods according to the product ordered or the amount of units ordered and store our products in multiple locations enabling us to offer the best service possible. Depending on the dispatch method chosen for your delivery we would expect the delivery service to have attempted delivery within 3 working days from dispatch (some postcode exceptions do apply). Some orders will be dispatched from more than one location. We will send you dispatch confirmation and delivery method for your order or orders if we are able to group multiple orders together.
Certain products we are afraid are not subject to our free of charge standard delivery service due to higher costs charged by courier companies to these locations for these items. We will make this clear on the listings and will not be able to accept the order. A full refund will be made if you order these products to one of these locations. If you contact our customer service department we will try and make alternate arrangements for you. The locations are Northern Ireland, Highlands And Islands (Postcode List/Area List below which we reserve the right to change and is not exhaustive), Isle Of Man, Isle Of Wight, Scilly Islands And the Channel Islands.
EXPRESS DELIVERY - BASIC FACTS
We do offer a chargeable(see checkout) EXPRESS delivery service via DPD Local which depending on your location would be a next working day delivery service (excluding Bank Holidays) for orders placed before 1pm (Monday-Friday). All orders placed after 1pm on Friday's will be dispatched Monday. You can always let us know a specific day you would like your order to be delivered on (Monday-Friday) using this service and we will do our best to accommodate this request. Certain locations cannot take advantage of our EXPRESS delivery services due to courier restrictions to their area. The locations are Northern Ireland, Highlands And Islands (Postcode List/Area List below which we reserve the right to change and is not exhaustive), Isle Of Man, Isle Of Wight, Scilly Islands And the Channel Islands. We will contact any customer that places an order using EXPRESS delivery from one of these locations either to refund the delivery charge or the whole order at our buyer's wishes.
WEEKEND DELIVERY - SATURDAY/SUNDAY - BASIC FACTS
We do offer a chargeable(see checkout) WEEKEND delivery service via DPD Local for Saturday or Sunday deliveries depending on your location. The latest we could offer this service for the coming weekend would be 1pm on the Friday. You can order at any time for a weekend slot and just let us know in the Special Delivery instructions the day you would like it delivered. Certain locations cannot take advantage of our WEEKEND delivery services due to courier restrictions to their location. The locations are Northern Ireland, Highlands And Islands (Postcode List/Area List below which we reserve the right to change and is not exhaustive), Isle Of Man, Isle Of Wight, Scilly Islands And the Channel Islands. We will contact any customer that places an order using WEEKEND delivery from one of these locations either to refund the delivery charge or the whole order at our buyer's wishes.
DELIVERY BLINDS - POLES - NON UK MAINLAND - HIGHLANDS AND ISLANDS
We do offer a chargeable delivery due to the high cost of delivering Blinds And Poles To Non UK Mainland/Highlands and Island Locations via DPD Local. This can be added at Checkout. Due To Royal Mail restrictions we can only ship these products via a courier and we cannot offer this service to these areas unless we charge a delivery charge commensurate to that charged by the courier for this type of product to these locations. We can only offer this product for Monday-Friday delivery and it is based on a two day service (can be a max of 5 days). If you order a product to a location where we have to charge a delivery charge we will contact you if you have not added this at checkout so we can either take payment or unfortunately have to cancel your order.
GENERAL DELIVERY INFORMATION
Please note that deliveries over Christmas and the New Year period plus other Bank Holidays can be affected due to longer than normal postage times, courier shutdowns and supplier closures and we will do our best to keep you informed if this situation arises and there will be a significant delay in your order beyond the normal bank holidays dates.
Deliveries timescales are sometimes affected by your location and generally deliveries to Northern Ireland, The Highlands and Islands,Isle Of Man, Isle Of Wight, Scilly Islands And The Channel Islands. and other selected postcodes (see our postcode information below) often take a couple of days longer. Adverse weather conditions in certain areas might also affect our lead-times as well as issues beyond our control such as industrial action.
Our main delivery services are Royal Mail and for Express Delivery we use DPD Local, although other delivery services might be used at our discretion or that of our fulfillment partners. We fulfill your orders from our own warehousing, our supplier’s warehouses or use Amazon Fulfillment Services.
Royal Mail have now introduced a new scan on delivery system for Royal Mail 48 and Royal Mail 24. A tracking number is provided, but it will only show when a delivery has been made or attempted on Royal Mail Track And Trace. This service is different to Royal Mail Tracked 48 and 24 which actively tracks items.
We deliver to the delivery address on you order, and you are responsible for providing us with the correct delivery address and postcode, a contact email address and phone number so we can advise you of the dispatch of your order and keep you updated as to its status. If you have any special instructions please give them to us at the time of placing your order. We cannot offer timed deliveries or weekend or evening deliveries beyond that offered as standard by the delivery providers. Please note that if you provide us with incorrect delivery details and the item is returned to us we can re-deliver the product (s) to you but this will mean a delay while we ascertain the correct details or alternate details and will be subject to a re-delivery/handling charge of £5 which we will have to obtain from you prior to the goods being resent. If you wanted a refund after providing us with the incorrect details we could only do this if the goods were returned to us and we would deduct a £5 delivery/handling charge from the refund.
Most couriers will require a signature for the goods so please ensure that someone is available to receive the goods on your behalf. We will provide full delivery details to you on their dispatch including courier and tracking number if applicable. All couriers generally leave failed delivery cards and will attempt delivery twice. Goods can also be collected from their delivery points if you visit their websites. (See our FAQ for details). If the goods are not delivered due to no-one being available to sign for them we can re-deliver the product (s) to you but this will mean a delay while we ascertain the correct details or alternate details and will be subject to a £5 re-delivery/handling charge. If delivery is made from Royal Mail they will generally leave a card advising you where you can collect your order from. We will only re-attempt the delivery process once after having obtained payment for this. If the goods are returned to us for a second time we will consider the order as cancelled and will refund your order less the handling/re-delivery charge of £5.
All goods will have a packing slip enclosed with them. We will email your receipt including any applicable VAT.
If you need to return an item for any reason please follow the instructions in our Returns and Refunds Policy.
Post Codes/Areas Subject To Extended Lead Times And Product Restrictions
Highlands And Islands
Ownership of Rights.
All rights including copyright in this website are owned by or licensed to 4 Your Home Limited. Any use of this website or its contents, including copying or storing in whole or part, other than for your own personal, non-commercial use is prohibited without the written consent of 4 Your Home Limited. You may not modify, distribute or re-post anything on this website for any purpose without express permission.
You acknowledge and agree that all copyright, trademarks and all other intellectual rights in all materials and/or content made available as part of your use of 4yhtextiles.co.uk remain at all times vested in us or our licensor's. You are permitted to use this material only as expressly authorized by our licensor's or us. The website is made available for your personal non-commercial use only and you may download and print the content of the website for such purpose as making a purchase.
4YH Textiles Is A Registered Trademark Under Number UK00003186482
Any other use of the website (including, without limitation, linking to or framing the website) without our prior written consent is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) modify, copy, reproduce, transmit, publish, display, distribute, perform, license, commercially exploit or create derivative works of material and content. You may not use this website, or its content, to further any commercial purpose, including any advertising or advertising revenue generation activity.
Compliance with Laws.
The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.
Limitation of Liability.
While we will use reasonable endeavor to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
• Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be sever-able from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what 4 Your Home Limited and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
All of the above does not affect your statutory rights.
Registered Office Address:
Unit C1, Trident Business Park
Daten Avenue, Risley
Company Registration Number: 8544263
Vat Number: GB 164 1079 21
Unit C1, Trident Business Park
Daten Avenue, Risley
Phone Number: 01925-875703