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1. Definitions

'Conditions' means these terms and conditions and the special conditions.
'Users' means the users of the website collectively.
'Personal information' means details provided by you on registration.
'Website' means the website located at www.leekes.co.uk
'Cookies' means small text files which our website places on your computers hard drive to store information about your shopping session and to identify your computer.
'You' means a user of the website.
'Goods' means the goods displayed for sale on the Website. It may also include any service that comes with the goods;
'Made-To-Measure' means Products altered or made to measurements provided by you such as curtains, blinds, bedspreads and valances;
'Personal Information' means the details you provide on registration;
'Self-Assembly Products' means furniture delivered flat packed for assembly by the customer;
'Working Day(s)' means any day other than a Saturday, Sunday or any day which is a public holiday;
'We / us' means Leekes Ltd;
'you', 'your' means the customer.

2. Use of the website

Access

You are provided with access to this website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration

You warrant that: The personal information which you are required to provide when you register as a customer is true, accurate , current and complete in all respects; and You will notify us immediately of any changes to the Personal Information by contacting us on 0845 555 2244.
You agree not to impersonate and other person or entity or to use a false name or name that you are not authorised to use.

Indemnity

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 of any other person accessing the Website using your shopping account and / or your Personal Information.

Our Rights

We reserve the right to:

Modify or withdraw, temporarily or permanently this website or any part thereof with our without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of a Website; and / or Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using the Website.

Third Party Links

To provide increased value to our Users, we may provide links to other websites or resources for you to access as your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites and resources and do not review or endorse and are not liable or responsible, directly or indirectly, for

1. the privacy practices of such website
2. the content of such websites including without limitation any advertising, content, products, goods or other materials or services in or available form such websites or resources

or
3. the use to which others make of these websites or resources, nor for any damage, loss or offence caused by, or in connection with the use of or reliance in any such advertising ,content , products, goods or other materials available on such external websites or resources.

3. Purchase of products

Orders

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 unauthorised access to any data you provide when accessing or ordering from the Website.

Contract creation and electronic contracting

The technical steps required to create the contract between you and us are as follows:

- 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.

- We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Leekes Ltd.

- As your product is shipped from our warehouse we will send you a despatch confirmation email.

- Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or Cancel an Order

- 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, product picture or product description error.

- Whilst we try to accommodate delivery to work/ alternative addresses, for your first order we reserve the right to refuse delivery to addresses other than the billing (card holder) address. In this instance we will make every effort to contact you.

- You not meeting the eligibility to order criteria set out in the main Terms & Conditions.

The contract will be concluded in English. The details of your specific contract will not be filed by Leekes Ltd. If you do require any information regarding orders you have placed with Leekes Ltd please write to us at the following address:

Leekes Head Office,
Mwyndy Business Park,
Pontyclun,
Rhondda Cynon Taff,
CF72 8PN.

4. WEEE Regulation

The Waste Electrical and Electronic Equipment (WEEE) Directive is now UK law. The legislation aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The regulations also mean that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment free of charge.

The amount of WEEE we throw away is increasing by around 5% each year, making it the fastest growing waste stream in the UK. • Much of the UK’s WEEE ends up in landfill, where the lead and other toxins it contains can cause soil and water contamination. This can have a harmful effect on natural habitat, wildlife and also human health. • Many electrical items that we throw away can be repaired or recycled. Recycling items helps to save our natural finite resources and also reduces the environmental and health risks associated with sending electrical goods to landfill.

Distributors of new Electric and Electronic Equipment (EEE) have a part to play in reducing the amount of WEEE going into landfill sites. Leekes is obliged under these regulations to offer our customers free take-back of their WEEE on a like-for-like basis when they buy a new Electrical or Electronic product from us.

For example, if a customer bought a new fridge from us we would accept their old fridge and prevent it going into a landfill site by disposing of it safely. Customers must return their WEEE item to us within 28 days of purchasing their new item.

Under the WEEE Regulations, all new electrical goods should now be marked with the crossed-out wheeled bin symbol shown below:

Goods are marked with this symbol to show that they were produced after 13th August 2005, and should be disposed of separately from normal household waste so that they can be recycled.

5. HomeServe Warranties

1. DEFINITIONS

Administrator, our, us, we: The authorised Administrators, Homeserve Membership Limite appointed to administer this insurance on behalf of the insurer. Our address is Alpha Hous Sunnyside Road North, Weston-super-Mare, North Somerset, BS23 3QY. Our registered addre is Cable Drive, Walsall, WS2 7BN. Registered number: 2770612. Homeserve Membership Ltd authorised and regulated by the Financial Services Authority (FSA). Our FSA registration numbis 312518.

Insured, you, your: The person(s) whose name and address is shown under “INSURED on your agreement.

Insurer: Inter Partner Assistance SA. Registered Office: The Quadrangle, 106 – 118 Statio Road, Redhill, Surrey, RH1 1PR, United Kingdom Office. Registered Number FC008998. Int Partner Assistance SA is authorised by the Commission Bancaire, Financière et des Assuranc (CBFA) in Belgium and regulated by the Financial Services Authority (FSA) in the UK.
Product(s): The item(s) detailed under “PRODUCT(S) COVERED” in your agreement. Where items are non-integral and therefore easily separated, such as a mattress and base or arm caps, scatter cushions and other accessories, they are treated as separate products in the event of a claim.

2. PERIOD OF INSURANCE

(i) Your insurance for Staining and Accidental Damage will start from the date shown on your agreement
(ii) Your insurance for Structural Defects will start following the expiry of the manufactureguarantee;
(iii) Your insurance terminates as soon as any of the following alternatives apply:
(a) The expiry date, as shown overleaf is reached;
(b) Yo u, or anyone representing you defrauds or deliberately misleads us or the insurer;
(c) The Maximum Liability is reached (as stated below);
(d) Your claim has been settled by credit note or cash settlement;
(e) The premium for this insurance is not paid; or
(f) You modify the product.
It is our intention that this insurance cannot be renewed.

3.WHAT IS COVERED

(i) STAINING TREATED: Following application of a pre-approved protector and resulting from sudden and accidental contact with any substance except mineral oils and soot.
(ii) STAINING UNTREATED:
(a) Fabric upholstery, cabinet furniture, carpet and beds: Without application of a pre-approved protector and resulting from sudden and accidental contact with any substance except mineral oils, soot and corrosive substances including bleach.
(b) Leather upholstery: Resulting from sudden and accidental contact with any substance except mineral oils and soot.

NOTE: A gradual build up of human perspiration, body acids, oils or greases, household dust and dirt or any other substance does not fall within the requirement for sudden and accidental contact and is NOT covered.

(iii) ACCIDENTAL DAMAGE
(a) Fabric upholstery and beds: a sudden and accidental event resulting in a rip, tear or burn.
(b) Leather upholstery: a sudden and accidental event resulting in a rip, tear, burn, scratch, puncture or scuff.
(c) Cabinet furniture: a sudden and accidental event resulting in a dent, burn, chip (including chips on glass), scratch (including scratches on glass), breakage of glass components, heat ring, water and liquid marks from food and beverages. Staining and Accidental Damage: Deliberate pet damage is limited to one incident only during the period of insurance.
(iv) STRUCTURAL DEFECTS: In materials or workmanship first discovered following the expiry of the manufacturer’s guarantee and resulting in breakage or separation of frame components, breaking or bending of metal components, recliner, rocker, sleeper and swivel boxes, excessive loss of resiliency of webbing, springs, foam or fibre filled interiors, defective mechanisms, warping, broken zips, broken castors, unstitching of buttons, separation of seams and stitching, peeling of leather and peeling/lifting of veneer.

NOTE: Structural Defects arising during the manufacturer’s guarantee must be reported to the retailer from whom you purchased your product and will be dealt with under the manufacturer’s guarantee.

4.WHAT IS NOT COVERED

Any claim for or resulting from the following will not be valid:
(i) Damage caused deliberately by any person or child;
(ii) Wear and tear consistent with the initial quality of the product and the manner in which the product is used;
(iii) Loss of resiliency that is determined within the reasonable limits of the product quality;
(iv) Neglect, abuse, or misuse of the product;
(v) The effects of sunlight, wind, weather, rusting, radiation, building fire, smoke damage, flooding or corrosion upon the product;
(vi) Structural Defects in products that have been manufactured in accordance with a defective design or specification;
(vii) Changes in colour of any part of the product regardless of the cause;
(viii) Stains caused by dye transfer;
(ix) Staining or Accidental Damage to products used in a food preparation area;
(x) Use of incorrect or inappropriate cleaning products or cleaning methods;
(xi) The removal of any odour even where caused by a stain;
(xii) Damage caused whilst the product is in transit;
(xiii) Damage caused by pets (except pet fluids) after one incident of pet damage covered under this insurance;
(xiv) Damage caused by insects, non-domestic animals or wild birds (except animal fluids);
(xv) Costs, expenses or other financial loss in addition to the costs of cleaning, repairing or replacing the product;
(xvi) Use of the product in business premises or in residential premises which you let or sublet;
(xvii) Use of the product outside the United Kingdom, Channel Islands and Isle of Man; and
(xviii) Structural Defects first discovered before the expiry of the manufacturer’s guarantee.

Complaints

If you have a complaint please phone 0870 320 6614, email customer .care@hsweston.co.uk or write to HomeServe Membership Ltd, Customer Care Manager , FREEPOST NAT12806, Weston-super-Mare, BS23 3BR, United Kingdom. We will do our best to resolve this to your satisfaction but if you remain dissatisfied we will give you information about referring your complaint to the Financial Ombudsman Service.

Cancellation

You may cancel this insurance and receive a full refund of any premium you have paid by returning to the store where you bought the product together with the sales receipt or invoice and the Certificate of Insurance within 14 days from receipt of your Certificate. No refund of premiums will be made if you have made a claim or if you cancel the policy at a later date.

Compensation Scheme

Inter Partner Assistance SA and HomeServe Membership Ltd are covered by the Financial Services Compensation Scheme (FSCS). The FSCS is a safety net for customers if we are unable to meet our liabilities. You may be entitled to compensation in these circumstances depending on the details of any claim. If entitled to compensation you would be covered for 100% of the first £2,000 and 90% of the remainder of the claim, without any upper limit. Further information about the scheme arrangement is available from the FSCS.

5. CLAIMS

(i) THE MAXIMUM LIABILITY: The insurer will pay for cleaning, repairs or replacement up to a maximum of £10,000 or up to the original purchase price of the damaged product whichever is lower in settling any one claim or all claims in total made during the Period of Insurance.
(ii) HOW TO MAKE A CLAIM: Telephone the administrator on 0870 320 6614 within 72 hours of a claim arising and state your Certificate Number (shown overleaf) and the nature of your claim. We will then decide if your claim meets the criteria stated in this Certificate. We may inspect the product to help us assess your claim and may require you to complete a claim form.
(iii) HOW WE WILL SETTLE CLAIMS: Valid claims will be settled by cleaning, repairing or replacing the damaged product at our discretion up to a value not exceeding the Maximum Liability. Where we are not able to clean, repair or replace the damaged product satisfactorily:
(a) We will issue a credit note for use at the same retailer from which you originally purchased the product,
(b) If the retailer has ceased to trade or has moved, we will issue a credit note for use at a similar retailer of our choice that is local to you, or
(c) We may choose to provide an offer of cash settlement in lieu of replacement whereby the damaged product will remain your property in its current condition.
The value of the credit note will be the amount you paid for the product less any previous claims,or if the damaged item is non-integral and therefore easily separated, for the cost of replacing that item only.
If your claim is settled by credit note we reserve the right to take sole ownership of the defective product. If we wish to take such ownership, the defective product will be collected at the same time as the replacement product that you select is delivered. Until such time you cannot sell or dispose of the defective product without the administrator’s prior written consent. If we choose not to collect the defective product as above the ownership of it and the responsibility for it will remain solely with you.

6. FRAUDULENT CLAIMS

You must not act in a fraudulent manner. If you (or anyone acting for you):
(i) Make a claim under the insurance knowing the claim to be false or fraudulently exaggerated in any respect;
(ii) Make a statement in support of a claim knowing the statement to be false in any respect;
(iii) Submit a document in support of a claim knowing the document to be forged or false in any respect; or
(iv) Make a claim in respect of any loss or damage caused by your wilful act, we:
(a) Shall not pay the claim or any other claim made under the insurance;
(b) Shall declare the insurance void and not make any return of premium;
(c) Shall be entitled to recover from you the amount of any claim already paid under the insurance; and
(d) May inform the police of the circumstances.

7. CANCELLATION AND REFUNDS

You may cancel this insurance and receive a full refund of any premium you have paid by returning to the store where you bought the product together with the sales receipt or invoice and this Certificate of Insurance within 14 days from receipt of your Certificate. No refund of premium will be made if you have made a claim or if you cancel the policy at a later date.

8. GENERAL TERMS AND CONDITIONS

(i) Yo u cannot transfer this Certificate of Insurance to another person;
(ii) You and your family must take all reasonable precautions to safeguard the product and to avoid loss or damage to it. This includes, but is not limited to, ensuring that the product is maintained in accordance with the manufacturer’s instructions. If you fail to do so any claim you make may be rejected by us;
(iii) The parties to this policy are free to choose the law applicable to it. Without agreement to the contrary, English Law will apply. If you live in Scotland, Wales, Northern Ireland or the Isle of Man, you will be entitled to commence legal proceedings in your local courts;
(iv) To improve the quality of our service, we will be monitoring and recording some telephone calls;
(v) When your cover under the policy ends it will not have a cash or surrender value.

9. COMPLAINTS PROCEDURE

If you have a complaint, please phone: 0870 320 6614 or email: ustomer.care@hsweston.co.uk or write to: Homeserve Membership Ltd, Customer Care Manager, FREEPOST NAT12806, Weston-super-Mare, North Somerset, BS23 3BR, United Kingdom.

We will do our best to resolve the complaint to your satisfaction but if we are unable to do so, wewill give you information about referring your complaint to the Financial Ombudsman Service.

The Financial Ombudsman Service is an independent body which arbitrates on complaints about general insurance products and other financial services. It will only consider your complaint if we have provided you with written confirmation that our internal complaints procedures have been exhausted. Please note that you have 6 months from the date of our final response in which to refer your complaint to the Financial Ombudsman Service. Referral to the Ombudsman will not affect your right to take legal action. Please remember to provide your name, address and Certificate Number in all correspondence.

10. INSOLVENCY COMPENSATION SCHEME

In the event of insolvency the administrator and insurer of this policy are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from thescheme if, through insolvency, the administrator or insurer cannot meet their obligations. This depends on the type of business and the circumstances of the claim. Most insurance contracts are covered for 100% of the first £2,000 and 90% of the reminder of the claim, although 100% is payable for compulsory insurances. Further information about compensation arrangements is available from the Financial Services Compensation Scheme on 020 7892 7300.

11. DATA PROTECTION ACT

For the purposes of the Data Protection Act 1998 the Data Controller in relation to any personal data you supply is the administrator, Homeserve Membership Ltd. Homeserve Membership Ltd is a wholly owned subsidiary of Homeserve Plc. We will pass your information to Inter Partner Assistance SA or any associated company or agent who will hold it on computer or other files for the purpose of administering this insurance. The Homeserve Plc group of companies may use your data to keep you informed by post, telephone or other means, of any products or services which may be of interest to you. If you do not wish to receive information from the Homeserve Plc group of companies, please write to the Data Protection Officer (administrator’s address). With limited exceptions and on payment of an administration fee, you have the right to access and if necessary rectify information held about you, if you wish to make such an inspection, please write to the address above.

Homeserve Membership Ltd is authorised and regulated by the Financial Services Authority (FSA). Our FSA registration number is 312518. Yo u can check the FSA's register by visiting their website (www.fsa.gov.uk) or by contacting them on 0845 6061234.

6. Contract Cancellation

Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than fourteen working days after the day on which you receive the Products. If you wish to exercise your right to cancel this contract after your order has already been despatched please follow the procedure set out in our Returns procedure.

Please note that your right to return Products does NOT apply to Products which fall into the following categories unless they are faulty:

- Goods made to your specification

- Perishable goods (for example flowers and food)

- Mattresses, mattress toppers, duvets, pillows, personal grooming products, cosmetics, pierced jewellery

- CD, DVD, tapes or other recording media, software or videos if their seal is broken.
- Swimwear and lingerie

7. Risk & Property

We carry the risk of loss or damage to the Products until you receive them. The Property of the Products will pass to you when you have received them and have paid us in full. Until payment has been made in full we may ask you to return the Products to us at any time. If you return the Products to us for any reason, they will become our property and be at our risk from the time at which we receive them.

8. Description of products

Every effort is made to ensure that the Products we supply correspond as closely as possible to the samples shown in our shops or displayed in our catalogues and on this Website but they might not be exactly the same. We regret that no responsibility can be accepted for these slight variations which all add to the unique features of our Products including but not limited to the following:

On fabric and wallpaper the shade will inevitably vary slightly from one printing batch to another.

Fabric patterns are not matched unless expressly stated otherwise. There is a 3% allowance on alignment.

On certain leather finishes there may be shade variations, and the small blemishes found in the leather are a unique characteristic of a natural material and not a defect or weakness. Scratches and marks may occur through everyday use, and seat covers will mould to body shapes which is a feature of natural leathers.

Many of our Furniture Products are individually hand finished and therefore there may be some slight differences between batches.

Some of our Products are hand finished to look distressed. Distressing will vary from Product to Product and is a unique design feature and not a defect.

All measurements are approximate, please allow +/- 4cm variance on sizes stated. At times it may be necessary to make changes to the internal specifications of our products and we reserve the right to make such changes.

Some larger Self-Assembly pieces will require two people to assemble.

Every reasonable effort on this website is made to ensure the accuracy of colour reproduction, colour may vary in accordance with the settings of your monitor, software, or printer.

9. Prices & Payment

All prices are in Pounds Sterling inclusive of VAT at the current rates but excluding delivery charges. Where a WAS price is quoted it is the highest price for which the goods were on sale in any of our stores or website for at least 28 consecutive days within the last six months. Full pricing details can be obtained from Customer Care

All reasonable care is taken to ensure that the prices shown are correct at the time of publication including VAT. If an error has been made, we or you may cancel the order in relation to some or all of the Goods as indicated under "Cancellation".

It may be necessary to raise our prices in certain circumstances, e.g. if component costs increase or currency conversions change materially.

The price for the Products you order will be the price confirmed to you soon after you place your order. If this varies from any quoted price, we will contact you to check that you still wish to proceed.

You may pay using Visa, MasterCard or Maestro.

Your chosen payment method will be debited immediately when you click Place My Order, NOT when the order is despatched.

You confirm that the credit or debit card that is being used is yours.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

10. General

Intellectual property and right to use

You acknowledge and agree that all copyright , trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non - commercial use only . You agree not to (and agree not to assists or facilitate any third party to) copy, reproduce transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

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.

Limitation of liability

Whilst we will use reasonable endeavours to verify the accuracy of any information we place in the Website , we make no warranties whether express or implied in relation to it's accuracy.

The Website is provided on 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 in 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 , reliability of the Website. We will not be responsible or liable to you for any loss of content of 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 expressed or implied, in relation to the Products. This does not effect your Statutory Rights, 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.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

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.

Entire agreement

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 Leekes 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.

Official Company Information

Company Name:
Leekes Limited

Registered Head Office
Leekes Limited
Mwyndy Business Park
Pontyclun
Rhondda Cynon Taff
CF72 8PN

Registered Company Number in England and Wales : 563751
VAT number: 135044206

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