Last updated: 6 November 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.flatpackdan.com website (the “Service”) operated by Daniel Budden T/A Flat Pack Dan (“I” “us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The Service and its original content, features and functionality are and will remain the exclusive property of Flat Pack Dan and its licensers. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Flat Pack Dan.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Flat Pack Dan.
Flat Pack Dan has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Flat Pack Dan shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
You agree to defend, indemnify and hold harmless Flat Pack Dan and its licensee and licensers, and their contractors and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Flat Pack Dan, nor its or contractors, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Flat Pack Dan and its subsidiaries, affiliates, and its licensers do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Flat Pack Dan ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Flat Pack Dan or any person for whom Flat Pack Dan is responsible, and even if Flat Pack Dan has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
If you have any questions about these Terms, please contact us.
TERMS OF SERVICE
Definitions “You” is any customer or potential customer viewing this website or anyone using our telephone or email enquiry services. “I”, “Me”, “Myself”, “Us”, “We”, “Our” or “Ourselves” “The Company” refers to Flat Pack Dan.
These rules and regulations apply to all bookings. When booking online, via telephone or email and agreeing to a booking you are entering into a contract with Flat Pack Dan’s Contractors and not Daniel Budden “Flat Pack Dan”.
All bookings are operated in accordance with rules and regulations set down by Flat Pack Dan on our website and in email communications. If you are unsure you should seek clarification of this before confirming a booking.
In the event of a delay to assembling your items, no compensation will be offered by Flat Pack Dan, nor will we be held responsible for any loss or damage to your items; you, your property or anybody in or in the vicinity of your property. If you have a claim in respect to any of the above, you must deal with the Contractor assigned to your job directly.
If you experience any issues with a job we have completed, you must notify us within 24 hours via email at email@example.com, otherwise we will not be obliged to pass your issue to the relevant Contractor.
Daniel Budden, T/A “Flat Pack Dan”, will not be held liable for any and all losses, liabilities, damages, injuries, claims, charges, costs, whether tangible or intangible (collectively, the Losses), to persons or property that in any way arises out of or relate to the performance of the services it provides.
The Contractor assigned to your job will be solely responsible for any and all losses, liabilities, damages, injuries, claims, charges, costs, whether tangible or intangible (collectively, the Losses), to persons or property that in any way arises out of or relate to the performance of the services whether performed by the Contractor or any other persons/entities under the Contractors control or direction.
All payments made to Flat Pack Dan must be in Pounds Sterling (GBP) and in no other currency. All invoices must be paid in full within 24 hours of your job booking unless otherwise agreed. We do not offer any credit terms.
If we do not receive payment within 30 days of your invoice date we reserve the right to pass the matter on to a debt collection agency or small claims court to recover monies owed.
All online payments are in accordance with the rules and regulations set down by the online payment gateways we use; such as PayPal and Stripe. Terms & conditions for the payment gateways we use can be found here:
ADDITIONAL SERVICES PROVIDED
Dependent on our site survey and suitability of your walls, the Contractor may offer to secure furniture and other items to the wall as per the manufactures recommendation. This service is offered in good faith and You, the customer, have the right to refuse this service.
Flat Pack Dan or its Contractors will not be held responsible for any items causing injury to any persons as a result of your decision not to have your furniture secure to the wall, nor shall Flat Pack Dan or its Contractors be liable for any damage caused by items falling from inadequate walls; such as crumbling of masonry or plasterboard.
All drilling into walls, ceilings, supports, trusses or any other structure is at the risk of You. Flat Pack Dan, or Contractors will not pay for any damages nor compensation for any damage caused.
MISSED APPOINTMENT FEES
We require a minimum time period of 24 hours from You for all appointment cancellations requests.
If You fail to give at least 24 hours notice to cancel a booking we will take this as a break of our appointment contract. We set out fair terms, as stated here and will seek to recover any loss of earnings as a direct result of your late cancellation or missed appointment.
Our missed appointment call-out charges are based on the number of Contractors assigned to your job, and are currently:
1 Assembler = £35.00
2 Assemblers = £70.00
3 Assemblers = £105.00
4 Assemblers = £140.00
If we are unable to complete your job due to missing or damaged parts, we reserve the right to charge You as stated above. If we cannot complete your job due to incorrectly ordered items or if you do not have the required minimal space for installation, we reserve the right to charge you in full. This is to cover the cost of reimbursing our Contractors for loss of earnings.
When making payment for services provided by Flat Pack Dan you are agreeing that your furniture (or other flat-packed item/s) has been assembled, disassembled and/or reassembled to a satisfactory standard. We do not offer any guarantee or warranty for assembly work.
The use of services provided by Daniel Budden, T/A “Flat Pack Dan” will be bound by the terms and conditions stated above. A copy of these terms and conditions is available upon request.