These terms were last updated on 29th October 2021.
Tel: 0800 1071230
Email: [email protected]
Plumbs Limited (trading as Fable & Plumb)
Company Number: 01113238
VAT Number: 154552174
Registered Office: Brookhouse Mill, Old Lancaster Lane, Preston, UK, PR1 7PZ
Information or communications relating to your order and products will be provided to you by us via email or notices on our website. You agree to this electronic means of communication and you acknowledge that all contracts, notices and other communications that we provide you to you comply with any legal requirement that such communications be in writing.
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.1 Placing your order. You must place your order for the products by following the instructions on our website. You are responsible for checking that all of the order details are correct, including your delivery details and the product specification (for example, the model, size, colour, fabric and feet). Please check this carefully before submitting your order.
2.2 How we will accept your order. Your order will not be accepted by us until we have received valid payment details and we have accepted the order by return email to the email address you provided during the online payment process. Please note that we reserve the right to reject any order placed by you at our discretion.
2.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. Every effort Is made to ensure accuracy of our website, but some prices/details may change from time to time and errors may occur. If an error in price is found, we will inform you as soon as reasonably possible. You can then either reconfirm your order at the correct price or you can cancel your order. If we cannot contact you, we may treat the order as cancelled and notify you via email and give a full refund as soon as reasonably possible.
2.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product and will refund any amounts you have already paid.
2.5 Your order number. We will assign a unique order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.1 Products may vary slightly from their pictures. The images of the products in our brochures and on our website are for illustrative purposes only. Although we have made every effort to ensure the colours are accurately represented there may be minor variations and we cannot guarantee that your device’s display of the colours accurately reflects the colour of the products.
3.2 Products may vary from samples and swatches. Whilst every reasonable effort will be made by us to ensure that dye colours and textures match any sample provided to you, perfect matching cannot be guaranteed. Variations in shade, tone and texture can occur between the sample or swatch provided to you and the products provided. Variations in colour will not exceed 5% of the original colour sample (as determined by us acting reasonably).
3.3 Variations in measurements. The measurements of the products detailed on the website are as accurate as possible, however there may be some minor variations against the actual size of the product delivered.
3.4 Variations between batches. If you are purchasing matching items from a particular range, where your orders for those products are placed on different dates, please be aware that it is likely that they will have been manufactured as part of different batches and that there may be minor variances between batches in terms of the shade, tone and texture.
3.5 If you want to make a change to your order. If you wish to make a change to the product you have ordered please contact us as soon as possible. We will let you know if the change is possible and any impact on the price payable or anticipated delivery dates. We are not obliged to make any changes to your order.
3.6 We may make a change to a product you have ordered. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example improvements in manufacturing processes. These changes will not materially affect the quality, appearance or your use of the product.
3.7 Future Changes. We may modify or discontinue a product or product range from time to time and without providing any notice to you. This means that if you want to purchase a matching item from a range in the future, we cannot guarantee that it will be available or of the same specification. This does not apply in respect of products that you have already ordered unless we contact you to reject your order or notify you of the changes (unless such changes are in accordance with clause 3.6 above).
3.8 Care for the Products. You are responsible for caring for, protecting and maintaining the products once they have been delivered to you. We will not accept any claim under our guarantee or other rejections or returns of any products that have been damaged by your failure to do so including but not limited to as a result of:
(a) exposure to sunlight – indirect or direct exposure to sunlight will cause the fabrics to discolour and/ or fade. Different fabrics will discolour or fade at different rates and darker fabrics are likely to discolour or fade more significantly;
(b) exposure to the elements – the products are designed for indoor use and should not be located outdoors or have unreasonable exposure to weather conditions and the elements;
(c) a failure to follow washing, cleaning and drying instructions - the fabrics must be washed, cleaned and dried strictly in accordance with the instructions provided to you; and
(d) exposure to chemicals and dyes – the fabrics may be permanently discoloured or damaged upon coming into contact with chemicals and other dyes.
4.1 When we will provide the products. During the order process we will provide an approximate delivery timeframe. We will then contact you by email and/ or telephone (including by text message) to confirm a date and timeframe for delivery. All delivery dates and times are given to you in good faith based on information available to us at the time of your order. We do our best to adhere to any delivery dates and times provided, however they are estimates only and may be changed by us by giving notice in writing to you. We will always aim to give as much notice as is reasonably possible if we need to change your delivery date.
4.2 International Delivery and Delivery to Outer Locations. We may be able to provide products to you even if you live outside of the United Kingdom (UK) or in an Outer Location (please see clause 9.2 for details of what this is). If you live:
(a) in an Outer Location, our delivery team or our third-party delivery team may be able to deliver the products to you. You need to contact us (see page 1 for our contact details) for a delivery quote before placing your order;
(b) in the Republic of Ireland (ROI), our third-party delivery team may be able to deliver the products to you. You need to contact us (see page 1 for our contact details) for a delivery quote before placing your order;
(c) outside of the UK and the ROI, we can deliver (at your cost) the products to the nearest mainland UK port. You will be responsible for arranging and payment of all onward transport from this point and for all customs formalities (including but not limited to any duties, licences, clearances and consent). We recommend that you contact your local customs office or an experienced export carrier for further information before placing your order. Please also contact us (see page 1 for our contact details) prior to placing your order for a quote for delivery of the products to the nearest UK mainland port.
4.3 Authorised recipient. We will contact you to finalise delivery, and you must ensure that there is someone present who you have authorised to receive the products. If you have not done this and we need to rearrange delivery, then you may be charged for our aborted delivery charges.
4.4. Ensuring safe and appropriate entry for delivery. You must ensure that the products you have ordered can be safely delivered into your property without dismantle. Please make sure:
(a) you have measured all doorframes, hallways, rooms and other passages prior to placing your order for the products and are satisfied that the assembled product will fit through all entryways and passages;
(b) our delivery team have safe and unobstructed access to the delivery point;
(c) all animals, children, breakables and valuable items are kept out of the way;
(d) that you have removed all furniture from the room into which delivery is being made (unless we have agreed in writing to do this for you);
(e) your floors are protected from any damage or dirt during delivery in such a manner so as not to be hazardous to our delivery team;
(f) if the property is not located on the ground floor, there is a functioning lift available that will fit the product. Please note that if there is no lift available, we may need to charge additional delivery fees.
4.5 Right to refuse delivery. If our delivery team considers (acting reasonably) that it is not safe for them to deliver the products, they may refuse to complete delivery without liability to you.
4.6 Products damaged during delivery. If we damage any of the products during delivery (not due to any failure on your part to comply with your obligations set out in clause 4.4 above), then our liability shall be limited to repairing or replacing the product or damaged part or providing you with a refund to the card used to purchase the product.
4.7 Property damaged during delivery. If we damage any part of your property (not due to any failure on your part to comply with your obligations set out in clause 4.4 above) then you must notify us within 48 hours of delivery with evidence of such damage otherwise we will not be liable for such damage. If our delivery team advises that they cannot deliver the products without risking damage to your property and you instruct them to proceed in any event, we will not be liable for any damage caused.
4.8 Changes to delivery address. If you wish to change the delivery address to another address within the United Kingdom, then this may incur an additional delivery charge. If you wish to change the delivery address to an address outside of the United Kingdom or to an Outer Location, please see clause 4.2 above.
4.9 Product Assembly. If you have ordered large furniture items (such as armchairs and sofas), then our delivery team will unwrap and assemble the product for you unless we are prevented from doing so (including but not limited to as a result of Covid – 19 rules or similar).
4.10 We are not responsible for delays outside our control. If the supply of our products is delayed by an event outside of our control then we will contact you as soon as possible to let you know. We will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for compensation in recognition of the delays caused by the event.
4.11 If you do not accept delivery. If you are not able to take delivery, or fail to take delivery, of the products on the date that we have confirmed for delivery, we may charge you for redelivery costs and storage costs at our standard rate of £15 per week (or part thereof), or such updated storage fees as we may notify you of from time to time if you fail to rearrange and accept delivery within 14 days of the original delivery date. All storage fees must be paid by you in full before we will arrange delivery of the products to you. If you wish to cancel your order (provided that you have the right to do so under these terms) we will not refund the storage fees and you will still be liable to make payment of these.
4.12 Removal of Items. Our delivery team will not remove your old furniture or other items. If you want to arrange for your old furniture and any other items to be removed from your property, please contact us and we can provide you with details of services provided by Clearabee®. If you wish to use the services of Clearabee®, your contract with Clearabee® will be separate to your contract with us and you will be responsible for Clearabee®s charges. We are not affiliated or connected in any way with Clearabee® and are not responsible for any act, omission or default of Clearabee®.
4.13 When you become responsible for the product. You will be responsible for the product once we have delivered it to you.
4.14 When you own the product. You own the product on delivery of the products or once we have received payment in full, whichever event occurs later.
4.15 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the product as requested by you or notified by us to you (see clause 3.6).
5.1 14 day ‘cooling-off period’. You have the right to change your mind about the products during a 14 day ‘cooling off period’ under the Consumer Contracts Regulations. This cooling off period begins on the day after you (or someone nominated by you) receive your products (or the last product if your order is split into a number of separate deliveries).
5.2 Returning the products to us. If you have cancelled your order and have already received the products then you must return them to us at your cost or make them available for collection. We will collect the products only from the address to which we delivered them, and we will charge you our standard collection fee if you require us to collect the products. As of September 2021, our standard collection charge is £75 but this may vary and we will confirm the amount when you contact us to arrange collection. We may also charge you for any storage fees that we may have accrued in accordance with clause 4.11.
5.3 Refunding the price of the goods. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we will deduct the collection charge described in clause 5.2 and we may also make deductions from the price, as described below. We will make the refund within 14 days of receiving the products back from you (or from receiving evidence from you that the products have been sent to us, if earlier) or where we have offered to collect the products, we will make the refund within 14 days of you notifying us that you wish to change your mind about the products.
5.5 Deductions for use. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop or which otherwise results in them not being in the same condition as you received them. If we have already refunded you prior to being able to inspect the state and condition of the products, we will charge you a sum to represent the loss in value of the products.
5.6 How to exercise your right to change your mind. Please contact us by telephone on 0800 1071230 or by emailing us at [email protected]. You can also compete and return the model cancellation form appended to these terms and conditions. Please return the form by email or by post to: Fable & Plumb, Brookhouse Mill, Old Lancaster Lane, Preston PR1 7PZ.
6.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) your payment method is declined;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products (for example, delivery instructions or details); and
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
7.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us using the details on the first page of these terms and conditions.
7.2 Your legal rights. We are under a legal duty to supply products that are in conformity with the contract. Nothing in these terms and conditions affects or in any way reduces your statutory rights.
In addition to your legal rights and any rights you may have if you have opted to purchase a Protection Plan (see clause 8.5 below), we offer the following warranty on all products:
8.1 Our warranty. We warrant that on delivery, and for the duration of the applicable warranty period (as set out below) from the date of delivery, the products will correspond with their specification in all material respects, be free from material defects in design, material and workmanship, and be of satisfactory quality. The relevant warranty periods are:
(a) 15 years for the furniture frame;
(b) 3 years for fabric and upholstery; and
(c) 1 year for cushion infills.
8.2 Exclusions to our warranty. Our warranty in clause 8.1 does not apply to any loss, defect or damage arising from:
(a) fair wear and tear, accidental or wilful damage, negligence or misuse or attempted repair or alteration of the goods in each case by you or any third party without our prior approval;
(b) any failure by you to care for, protect and maintain the products, including in accordance with clause 3.8;
(c) loss or damage due to fire, smoke, explosion, lightening and other weather conditions, sunlight, infestation by animals or boring insects or damage caused by animals;
(d) unreasonable exposure to water;
(e) use of the products for commercial purposes or in a commercial setting or environment (including in rented accommodation) and not exclusively private domestic; and/ or
8.3 How to claim under our warranty. In the unlikely event that the products do not conform with the contract, please let us know as soon as possible after delivery. Once we have carried out an inspection of the products to check they are faulty, we will repair the defective products where this is possible. Where this is not possible, we will replace the defective products. Where replacement is not possible we will offer a refund of the price of the product to the original card used to purchase it.
8.4 Returning the product for inspection. If you wish to claim under our warranty, you must return the products to us for inspection, after notifying us of your intention to do so, to an address confirmed by us (or, if not notified, to the address detailed on the front page: Fable & Plumb, Brookhouse Mill, Old Lancaster Lane, Preston PR1 7PZ). Save in the case of smaller items, we will collect the products from you and will charge our collection fee (which is £75 as at September 2021, but the amount of this fee may vary from time to time and we will notify you of the current charge when you contact us to arrange collection). We will not charge you or will refund you (as appropriate) for this collection fee or your costs of return in the case of smaller items if your claim is upheld.
8.5 Protection Plan. If you have purchased a Protection Plan you will have additional rights to claim for repairs or replacement in accordance with the terms and conditions of your Protection Plan. Please refer to the terms of your Protection Plan for details of what is covered and what remedies may be available to you.
9.1 Where to find the price for the product. The price of the product (which includes VAT where applicable) will be the price indicated on our website. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 2.2 for what happens if we discover an error in the price of the product you order.
9.2 Delivery Charges. The charges for delivery will vary based on your location and on the size of your order. For most parts of the United Kingdom (UK) you will be notified of the delivery charges on our website during the order process. If you live in:
(a) the Republic of Ireland (ROI);
(b) one of the locations listed on the delivery page for which separate delivery fees need to be quoted by us, including Northern Ireland, the Scottish Highlands and Islands and other UK islands (Outer Locations); or
(c) outside of the UK and the ROI,
then please see clause 4.2 for details of charges for international delivery and delivery to Outer Locations.
9.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
9.4 When you must pay and how you must pay. We accept payment by credit/debit card. A list of acceptable cards is available on our website during the order process. You must pay for the products in full upon placing your order.
9.5 Third party credit agreement. You may also apply for interest free credit when you order products via our website. Plumbs Limited (trading as Fable & Plumb Ltd) acts as a Credit Broker and and not as a lender. Credit is provided by Omni Capital Retail Finance Limited (trading as Omni Capital). Both are authorised and regulated by the Financial Conduct Authority. Credit is available subject to status to UK residents aged 18 or over. If your application is successful, you will enter into a credit agreement with Omni Capital. Please refer to our IFC terms and conditions for more details about our Interest Free Credit agreement and eligibility.
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
10.4 We are not liable for events outside of our control. We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under the contract that is caused by events outside our control. Our obligations under the contract shall be suspended for the period that such an event continues, and we will have an extension of time to perform our obligations for the duration of that period. We will take reasonable steps to bring the event to a close or define a solution by which our obligations under the contract can be performed despite the event.
10.5 If you are a consumer, we are not liable for business losses. If you are a consumer, we only supply the products for domestic and private use and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.6 If you are a business customer, we are not liable for indirect losses and our total liability will be limited. If you are a business customer, we will have no liability to you for any loss of profit, loss of business, business interruption or any indirect or consequential loss arising out of this contract. Our total liability to you in respect of all other losses arising out of this contract shall in no circumstances exceed the total price paid by you.
12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
12.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. This includes our goodwill guarantee which is non-transferable.
12.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.6 Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
12.7 Complaints. We hope that you are happy with our products and service, but if you are not and would like to make a complaint, please contact us in writing by emailing [email protected] or by post to Customer Services, Brookhouse Mill, Old Lancaster Lane, Preston PR1 7PZ.
Please include details of your sales invoice number, address, contact details and a summary of the problem with accompanying photos if requested. We will notify you within a reasonable amount of time from receiving these details whether your claim is valid and shall use every effort to try to resolve the dispute quickly and effectively.
12.8 The Furniture & Home Improvement Ombudsman. We are a member of The Furniture & Home Improvement Ombudsman. If you feel we have not dealt with your complaint in the way that we should have, together with any other legal rights available to you, you or we are entitled to contact The Furniture & Home Improvement Ombudsman, for further assistance in resolving the dispute.
(Complete and return this form only if you wish to withdraw from the contract)
Plumbs Limited (trading as Fable & Plumb), Brookhouse Mill, Old Lancaster Lane, Preston PR1 7PZ:
TELEPHONE NUMBER: 0800 1071230
E-MAIL ADDRESS: [email protected]
© Crown copyright 2013.
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