Terms and Conditions of Sale

1. About these terms

These terms apply to goods supplied by MHM Dreams Limited (“MHM”, “we”, “us” or “our”).

They apply alongside the quotation, order confirmation or other written order information we provide to you.

If you are purchasing wholly or mainly for personal use, you are a consumer and nothing in these terms excludes or restricts rights that cannot lawfully be excluded or restricted.

If you are purchasing wholly or mainly for your trade, business, craft or profession, the provisions identified as applying to business customers also apply.

2. Our role

MHM supplies furniture, fabrics and related goods and may source goods in response to photographs, product links, specifications, purchasing lists or other requirements supplied by customers.

Unless expressly confirmed otherwise in writing, MHM is not the manufacturer of sourced goods and does not claim to be an authorised dealer or agent of a manufacturer, retailer or supplier.

A photograph, link or reference supplied to us helps identify what you require. It does not by itself mean that we can obtain that exact product.

Where appropriate, we may propose alternatives. No substitute forms part of your order unless you approve it.

3. Quotations

Our quotation identifies the goods we are offering to supply and, where applicable, quantities, specifications, price and delivery or collection arrangements.

A quotation is not an acceptance of an order and may be withdrawn before an order is accepted.

Availability may change before an order is accepted.

Unless expressly stated otherwise, photographs, renders, screen images and samples are illustrative. Natural materials, fabrics, timber, stone and manufactured finishes may have reasonable variations in colour, grain, veining, texture and appearance.

4. Your responsibility before ordering

You must check the quotation and any specification carefully before approving an order.

In particular, you are responsible for checking information supplied or approved by you, including:

• dimensions and measurements;
• quantities;
• colours;
• materials and finishes;
• model, style or product selection;
• delivery address and postcode;
• access restrictions;
• intended use; and
• any other specification that is material to your order.

If you provide measurements, specifications, photographs, drawings or other information, we are entitled to rely on them unless we have expressly agreed in writing to verify them.

We are not responsible for an incorrect result caused solely by inaccurate or incomplete information supplied or approved by you where we have supplied the goods in accordance with that information.

This does not affect responsibility for an error made by MHM.

5. Formation of the contract

A contract is formed when we expressly accept your order.

Depending on the transaction, acceptance may be evidenced by an order confirmation, invoice, written acceptance, request for an agreed payment, or other clear written confirmation from MHM.

An enquiry, quotation or discussion alone does not oblige MHM to supply goods.

6. Price and payment

The price payable is the price agreed for the order.

Any delivery, collection, installation or other charge will be identified before the customer becomes bound by it where required by law.

Payment must be made in accordance with the payment terms stated in the quotation, invoice or order confirmation.

We may require full or partial payment before procurement or production begins.

We are not required to procure, commission or release goods until a payment that is due has been received in cleared funds.

7. Bespoke and personalised goods

This section is particularly important.

Some goods supplied by MHM may be made to your specifications or clearly personalised for you. Examples may include made to measure blinds or curtains, goods manufactured to customer specified dimensions, or goods produced with a genuinely customer specific configuration or personalisation.

Where goods are genuinely made to your specifications or clearly personalised, the statutory change of mind cancellation right that may otherwise apply to certain distance or off premises contracts does not apply where the law provides an exemption for such goods.

This does not remove your statutory rights where goods are faulty, not as described, do not conform to the contract or where another statutory remedy applies.

We will identify an order as bespoke, made to specification or personalised where applicable before accepting the order.

8. Made to order and specially procured goods

A product being ordered by MHM after you place your order does not necessarily make that product legally bespoke or personalised.

Where ordinary goods are specially procured for your order but are not genuinely made to your specifications or clearly personalised, any statutory cancellation rights that apply to the transaction remain unaffected.

Where no statutory cancellation right applies and you nevertheless ask us to cancel an accepted order, any cancellation or refund will be considered under section 10.

9. Consumer cancellation rights

Where you are a consumer and a statutory right to cancel applies, you may exercise that right within the period prescribed by law.

We will provide the information required by law concerning the cancellation procedure where that right applies.

The statutory change of mind cancellation right does not apply where an applicable legal exception applies, including qualifying goods made to the consumer’s specifications or clearly personalised.

Nothing in this section affects rights relating to faulty, misdescribed or otherwise non conforming goods.

10. Cancellation outside a statutory cancellation right

If you ask us to cancel an accepted order where you do not have a statutory right to cancel, contact us as soon as possible.

We will consider whether the order can reasonably be stopped, changed, returned to our supplier or resold.

Where MHM is legally entitled to recover loss caused directly by your cancellation, we may deduct or recover a reasonable amount reflecting losses actually incurred or reasonably expected to result from the cancellation, taking account of costs avoided and reasonable steps available to reduce the loss.

We will not impose a cancellation charge merely as a penalty.

For genuinely bespoke or personalised goods that have entered production or procurement and cannot reasonably be resold, the recoverable loss may be substantial and, depending on the circumstances, may amount to most or all of the order value.

Nothing in this section permits MHM to retain money where doing so would be unlawful or unfair.

11. Changes requested after approval

Tell us immediately if you want to change an accepted order.

Changes are not effective unless accepted by MHM in writing.

Where production, procurement or other commitments have already started, a requested change may:

• be impossible;
• increase the price;
• change the delivery period; or
• require replacement goods or additional work.

Any additional charge must be agreed before the changed work proceeds where required.

12. Delivery

Delivery arrangements will be stated or agreed for the relevant order.

Dates or periods described as estimates are estimates unless we expressly agree that a particular date is contractually binding.

Where consumer law requires delivery within a particular period, those rights continue to apply.

You must provide accurate delivery information and tell us before ordering about material access restrictions, including restricted roads, stairs, lifts, narrow entrances or other circumstances that could materially affect delivery.

Unless expressly included in the order, delivery does not include installation, assembly, alteration of premises, removal of existing furniture or specialist lifting.

We may make delivery conditional upon payment of sums that have fallen due.

13. Failed delivery and access

If delivery cannot reasonably be completed because:

• nobody authorised is available to receive the goods;
• the address supplied by you is materially incorrect;
• access information supplied by you is materially incomplete or incorrect; or
• an undisclosed access restriction prevents delivery,

we may arrange another delivery and charge reasonable additional costs actually incurred where legally permitted.

We will not charge you for a failed delivery caused by MHM or its delivery arrangements.

14. Collection

Where goods are collected, the person collecting may be required to provide reasonable order identification.

If you arrange your own carrier, responsibility for the goods and transport will be determined by applicable law and the agreed collection arrangements.

Consumer statutory rights are unaffected.

15. Inspection and transit damage

Please inspect goods as soon as reasonably practicable after delivery or collection.

If packaging or goods show visible damage, photograph the packaging and goods and contact us promptly. This assists us in investigating the matter with the relevant supplier or carrier.

Prompt notification is requested because it makes evidence and transport investigations easier. Failure to report damage within an arbitrary short period does not remove statutory rights that you have under consumer law.

Do not dispose of relevant packaging before we have had a reasonable opportunity to assess reported transit damage where retaining it is reasonably practicable.

16. Faulty or misdescribed goods

We are under a legal duty to supply goods that conform to the contract.

Consumer goods must meet the standards required by applicable consumer law, including requirements relating to satisfactory quality, fitness for purpose where applicable and conformity with their description.

Your available remedy depends upon the circumstances and applicable law and may include rejection, refund, repair, replacement or price reduction.

Nothing in these terms restricts those statutory rights.

Damage caused after delivery through misuse, accident, improper installation by somebody for whom MHM is not responsible, unauthorised alteration, failure to follow appropriate care instructions or normal wear and tear is not itself a defect for which MHM is responsible.

17. Natural and manufacturing variation

Reasonable variations can occur in products made from or incorporating natural or batch produced materials.

Examples include variation in:

• stone veining and pattern;
• timber grain;
• shade or texture between fabric batches;
• colour under different lighting;
• handmade finishes; and
• minor characteristics inherent to the material or manufacturing process.

A variation is not automatically a defect merely because it differs from a photograph or sample.

This section does not permit materially misdescribed goods or goods that fail to meet legally required standards.

18. Product images and third party references

Where a customer provides a photograph, screenshot, retailer link or third party product reference, it is used to understand the customer’s requirement.

Unless we expressly agree to supply the exact identified item, such a reference does not constitute a promise that the supplied product will be identical.

Where we propose an alternative, the alternative will form part of the contract only after it has been identified and approved.

19. Ownership

Where legally permitted, ownership of goods does not pass until we have received the price due for those goods in cleared funds.

This does not alter statutory rules governing when risk passes to a consumer.

20. Liability to consumers

Nothing in these terms excludes or limits liability where it would be unlawful to do so.

In particular, nothing excludes or restricts liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or statutory consumer rights that cannot lawfully be excluded.

We are responsible for losses that the law requires us to bear.

We are not responsible for losses caused solely by circumstances for which you are responsible, such as materially incorrect measurements or specifications supplied and approved by you, subject always to applicable law.

21. Business customers

If you purchase wholly or mainly for business purposes, you confirm that you are acting in the course of business.

Consumer cancellation rights do not apply to a business purchase.

Unless expressly agreed otherwise in writing, quotations and contracts with business customers constitute the entire agreement concerning the particular supply and the business customer must satisfy itself that the goods and specification are suitable for its commercial requirements.

Nothing excludes liability that cannot lawfully be excluded.

Subject to that restriction, MHM will not be liable to a business customer for indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of anticipated savings or loss of opportunity arising from the contract.

Subject to liability that cannot lawfully be limited, MHM’s aggregate contractual liability to a business customer arising from the particular order shall not exceed the amount paid or payable to MHM for that order.

22. Events outside reasonable control

Neither party is responsible for failure or delay to the extent caused by circumstances genuinely outside that party’s reasonable control, subject to rights and obligations that applicable consumer law does not permit us to exclude.

If such circumstances materially affect an order, we will contact you and take reasonable steps to minimise the effect.

23. Complaints

Contact:

Email: [email protected] WhatsApp: +44 7473 427 576

Please provide your order or enquiry reference and enough information for us to investigate the matter.

24. Personal information

We process personal information in accordance with our Privacy Notice.

Customer reference images and information submitted through our enquiry system form part of the relevant enquiry record and are handled in accordance with that notice.

25. Changes to these terms

The terms applying to an order are those incorporated into the contract when the order is accepted.

We may update website terms for future orders, but a later website change does not retrospectively rewrite an existing contract unless the parties lawfully agree otherwise.

26. Governing law

If you are a consumer, these terms are governed by the law applicable to your contract and nothing in this clause deprives you of mandatory protections or rights to bring proceedings available to you under applicable law.

For business customers, the contract is governed by the laws of England and Wales and the courts of England and Wales have exclusive jurisdiction, unless MHM expressly agrees otherwise in writing.

27. Company information

MHM Dreams Limited Registered in England and Wales Company No. 17317794 Registered Office: 329 Bath Road, Slough, SL1 5PR, England