Terms and Conditions
Definitions
Fleming Howland, we, us, our: Fleming & Howland Ltd, Kestrel Court, Bridgewater Close, Burnley BB11 5TE, United Kingdom, Company No. 4510885, trading as Fleming Howland.
Customer, you, your: the person or organisation placing an order with Fleming Howland.
Products: furniture, upholstery, components, materials and related products supplied by Fleming Howland.
Quotation: a written or digital quotation, proposal, order summary or invoice issued by Fleming Howland setting out the products, specification, price and services applying to an order.
Deposit: a payment made on account for a Made-to-Order or Bespoke Item. Any treatment of the deposit following cancellation is governed by these terms and applicable law.
Stock Item: an item already manufactured and expressly confirmed by Fleming Howland as available from stock.
Made-to-Order or Bespoke Item: an item manufactured, upholstered, coloured, finished, adapted or otherwise prepared after an order is placed, including furniture produced to a customer’s selected size, configuration, material, colour, filling, finish or other specification.
Natural Material Characteristic: a natural or craft-related feature of leather, fabric, timber or handmade upholstery, including grain variation, healed scars, creases, veins, tonal variation, colour movement, surface character, pile direction, shading, crushing, bruising and similar features.
Hand-Coloured Leather: leather individually coloured, tinted, shaded, antiqued or blended by hand. Its appearance is influenced by the natural grain and characteristics of each hide and the finish is designed to support professional reconditioning and recolouring during its life.
White Glove Delivery: a two-person delivery service including normal movement into the property, unpacking, simple assembly where applicable, positioning and packaging removal, subject to safe and suitable access.
Terms and Conditions
Ordering 1.0
1.0 Any order for furniture or related products supplied by Fleming Howland is subject to these terms unless otherwise agreed in writing.
1.11 These terms are governed by the laws of England and Wales. Subject to any mandatory law that applies to the customer, disputes will be subject to the jurisdiction of the courts of England and Wales.
1.12 The terms applying to an order are those provided or made available when Fleming Howland accepts the order. Subsequent changes apply only to future orders unless otherwise agreed.
1.13 The customer is responsible for checking the quotation, specification, dimensions, materials, finishes, delivery address and any other order information before approval.
1.14 Any unintentional error in a quotation, invoice, price list, product listing or other document may be corrected by Fleming Howland, provided this does not alter a material part of an accepted order without the customer’s agreement.
1.15 Payment terms are normally 50% deposit for Made-to-Order or Bespoke Items and payment of the balance before dispatch. Stock and Outlet Items are normally payable in full when ordered, unless otherwise agreed.
1.16 Fleming Howland is a UK company and payments are normally processed in Pounds Sterling, US Dollar or Euro. Where another currency is displayed or quoted, exchange-rate differences and charges imposed by banks or payment providers may apply.
1.17 Production and delivery times for Made-to-Order and Bespoke Items are estimates based on the information available when the order is accepted. Natural materials, specialist processes, quality control, workshop scheduling and international logistics may affect these estimates. Fleming Howland will not compromise the quality of an article in order to meet an estimated date.
1.18 Once materials have been committed or production has begun, alterations to an order are subject to Fleming Howland’s written agreement and may affect price and lead time.
1.19 Made-to-Order and Bespoke Items are commissioned specifically for the customer and are not produced as general stock. They are not eligible for Fleming Howland’s voluntary change-of-mind return arrangements once the order has been accepted and production or material commitment has begun.
1.20 Where Fleming Howland agrees to cancel or materially alter a commissioned order, Fleming Howland may recover reasonable costs and losses already incurred or committed in connection with that order, subject to applicable law.
1.21 The quotation or order confirmation, any approved drawing, agreed specification schedule and these terms together form the contract. Where an order-specific document expressly deals with a particular product, price, dimension, finish, delivery service or other specific matter, that order-specific provision takes precedence for that matter.
Bespoke Commission Acceptance 1.30
1.30 Fleming Howland furniture is individually handmade. By approving a bespoke quotation, specification or drawing, the customer confirms that the selected design, configuration, materials and stated dimensions reflect the commission requested.
1.31 Material samples are provided as a guide to the general colour, texture and character of the selected material. Leather, fabric and timber can vary between samples and final production because of differences in hides, grain, tannery or mill batches, dye lots, finishing processes and natural material behaviour. The customer should raise any particular matching requirement before approving the order.
1.32 Hand-Coloured Leather has additional individual variation because colour is applied and blended by hand over the natural grain of each hide. As with other traditional hand-finishing processes, the underlying surface influences how colour is absorbed and reflected. Variations in tone, shading, grain and surface character are expected and form part of the individual nature of the finished article.
1.33 Handmade upholstery cannot be manufactured to machine-line dimensional tolerances. Finished measurements are affected by the frame, padding, stuffing, cushion fill, leather or fabric thickness, upholstery tension, hand-pulling, buttoning, pleating and the natural settlement of upholstered materials. Unless a different tolerance is expressly agreed in writing, the finished measurement in each applicable dimension may vary by up to approximately 6cm from the nominal dimension, depending on the design, construction and measurement concerned.
1.34 Dimensions shown on an approved drawing remain subject to the applicable handmade tolerance unless a particular dimension has been identified by the customer as critical and Fleming Howland has agreed a different limit or tolerance for that dimension in writing before production.
1.35 Where a dimension is critical for room layout, access, fitted joinery or another particular purpose, the customer must notify Fleming Howland before approving the order. Finished furniture must be measured using the measurement points and methodology specified by Fleming Howland. Where a genuine dimensional or specification dispute arises, Fleming Howland may arrange and initially fund an appropriately qualified independent technician to record the relevant facts against the approved order documents and measurement method.
1.36 Where an order contains two or more separately identified and separately priced articles or product groups which are capable of independent use, the parties intend each such article or group to constitute a separate and severable contractual obligation for specification, manufacture, delivery, acceptance and remedy, so far as permitted by applicable law. Unless the quotation or order confirmation expressly identifies items as a matching suite or single group, separately priced and independently usable articles are not intended to form one indivisible commercial unit.
1.37 For larger commissions, Fleming Howland may group separately priced articles by room, use or delivery phase. The allocated price shown against each article or group will be treated as the price attributable to that part of the commission.
Products 2.0
2.0 Fleming Howland furniture is handmade using natural and individually finished materials. Reasonable variation in colour, grain, texture, finish, shape, upholstery tension and dimensions is inherent in this method of manufacture.
2.11 Leather is selected for its natural character. Healed scars, creases, veins, grain variation, insect marks, tonal differences and other natural features add individuality to each hide and are not manufacturing defects where consistent with the material selected and the information provided before purchase.
2.12 Hand-Coloured Leather has a renewable surface finish designed to support professional reconditioning, blending and recolouring. Light surface movement or colour rub can often be restored without damage to the underlying hide. Fleming Howland will assess any reported concern in the context of the agreed material, finish and condition of the article.
2.13 Fabrics may also display natural or construction-related characteristics. Velvet, for example, may show shading, pile movement, crushing, lines or bruising. Upholstery tension and fire-resistant processing can also influence appearance once upholstered.
2.14 Fleming Howland may make minor craft or technical refinements where reasonably necessary to preserve proportion, comfort, structural integrity, upholstery tension or appearance. Any material departure from an expressly agreed specification will be discussed with the customer where appropriate.
2.15 Customers should follow Fleming Howland’s published care guidance. Damage caused by unsuitable cleaning products, hair products, excessive heat, direct sunlight, moisture, dye transfer, misuse or other inappropriate treatment is not a manufacturing defect.
2.16 Fleming Howland retains production information relating to commissioned articles to assist with servicing, restoration and future repeat orders. Because natural materials change with age and use, an exact colour, grain or texture match cannot always be guaranteed on later replacement or additional components.
Pricing for Private Clients 3.0
3.0 Retail prices include VAT where applicable unless otherwise stated.
3.11 Quotations are normally valid for one month from the date of issue unless otherwise stated.
3.12 An order becomes binding when the required deposit or payment has been received and Fleming Howland has confirmed acceptance.
3.13 The balance is payable before dispatch, collection or delivery unless otherwise agreed in writing.
3.14 Title to goods remains with Fleming Howland until payment has been received in full.
3.15 The quotation or order confirmation will state what delivery services, taxes, duties and other destination charges are included. Where Fleming Howland confirms an all-inclusive destination price, that price includes the standard delivery, packaging, transit insurance and destination taxes or duties which Fleming Howland has expressly agreed to cover. Restricted access, specialist handling or services outside the agreed delivery scope may incur additional charges.
Pricing for Trade Clients 3.20
3.20 Trade prices are exclusive of VAT unless otherwise stated. The quotation or order confirmation will state what delivery, taxes, duties and destination charges are included.
3.21 Trade quotations are normally valid for one month from issue unless otherwise stated.
3.22 A trade order becomes binding when the required payment has been received and Fleming Howland has confirmed acceptance.
3.23 Where a purchaser is acting wholly or mainly for business purposes, the transaction will be treated as a business transaction to the extent permitted by applicable law. Where a designer, architect or other professional is acting for a private client, the legal status of the transaction will depend on the actual contracting party and circumstances.
3.24 Made-to-Order, Bespoke, COM, trade and project orders are not eligible for Fleming Howland’s voluntary change-of-mind return arrangements once production or material commitment has begun, except where Fleming Howland expressly agrees otherwise.
Delivery 4.0
4.0 The delivery service applying to an order will be confirmed in the quotation or order confirmation and may include White Glove Delivery, kerbside delivery, port delivery, collection or another agreed service.
4.11 Where White Glove Delivery is provided, the service normally includes movement of the furniture through suitable access, unpacking, fitting of feet, castors or other simple components where applicable, joining of modular sections where applicable, positioning, cushion dressing and final presentation of the article.
4.12 Delivery dates and time slots are subject to carrier scheduling. Fleming Howland will use reasonable efforts to meet agreed arrangements but cannot guarantee a particular time unless expressly confirmed.
4.13 The customer is responsible for providing accurate information about access to the delivery address and intended room before dispatch. This includes relevant information concerning parking, gates, pathways, steps, doorways, corridors, turns, staircases, lifts, ceiling heights and other restrictions.
4.14 Any unusual or restricted access, including hoisting, deglazing, door removal, window access, above-head lifting, movement over walls or gates or other specialist manoeuvres, must be disclosed and agreed with Fleming Howland before delivery.
4.15 Fleming Howland and its carriers may refuse to undertake any manoeuvre reasonably considered unsafe or likely to damage the furniture, property or persons. A customer instruction does not require a carrier to undertake an unsafe or previously unapproved manoeuvre. If access on arrival differs materially from the information supplied or requires an unapproved specialist method, delivery may be stopped and alternative arrangements agreed.
4.16 Where delivery cannot be completed because access is unsuitable, unsafe or materially different from the information provided, reasonable redelivery, storage, additional labour or specialist-access costs may apply.
4.17 Where goods are delivered to a warehouse, onward shipper, freight forwarder, designer, agent or other third party nominated by the customer and not contracted by Fleming Howland, that party must inspect, store and handle the goods appropriately.
4.18 Customers should inspect furniture on delivery and notify the delivery team promptly of any visible concern so that the condition can be recorded. Fleming Howland’s Checking Goods on Delivery guide explains the practical steps which help us assess a delivery concern and, where relevant, pursue transit insurance.
4.19 If a concern is reported, Fleming Howland will review the available information and arrange an appropriate next step. Depending on the circumstances, this may include professional reconditioning, repair, replacement of an affected leather or fabric panel, replacement of a cushion or component, replacement of the affected article, redelivery or another appropriate remedy.
Product Assurance, Returns and Claims 5.0
5.0 Fleming Howland stands behind every commissioned article and aims to resolve genuine product concerns promptly, professionally and proportionately.
5.11 The internal frame guarantee is 10 years for average commercial use and 20 years for domestic use. It covers the structural internal frame and does not cover normal wear, upholstery, coverings, fillings, decorative components, accidental damage, misuse or environmental damage.
5.12 Made-to-Order and Bespoke Items are commissioned specifically for the customer and are not eligible for Fleming Howland’s voluntary change-of-mind return arrangements.
5.13 Any voluntary return arrangement applies only to a Stock or Outlet Item where Fleming Howland expressly agrees in writing that the item is eligible.
5.14 Fleming Howland’s cushion comfort service allows qualifying removable cushion fillings to be exchanged within 60 days of delivery, subject to the conditions applicable to that service.
5.15 Guarantees and voluntary aftercare services do not cover fair wear and tear, neglect, misuse, unauthorised alteration or repair, unsuitable environments, damage caused by third parties or damage resulting from failure to follow appropriate care guidance.
5.16 If a customer believes an article does not meet the agreed specification or expected Fleming Howland standard, the customer should contact Fleming Howland promptly with the order details, a description of the concern and reasonable supporting photographs or information where available.
5.17 Fleming Howland may inspect the article itself or arrange inspection by an appropriately qualified technician, upholsterer, leather specialist, carrier representative or other suitable professional where this will assist in establishing the nature, measurement or cause of a concern.
5.18 Fleming Howland’s normal resolution process is designed to restore the article to the agreed standard with the least disruption to the customer. Depending on the issue, this may include professional reconditioning, repair, recolouring, replacement of an affected leather or fabric panel, replacement of a cushion or component, replacement of the affected article, redelivery or another appropriate remedy.
5.19 Replacement of an upholstery panel, cover, cushion or component is a normal professional method of restoring handmade upholstered furniture and does not reduce the structural integrity or quality of the article when completed to Fleming Howland’s standard.
5.20 Where the customer requests or agrees to repair or replacement, Fleming Howland will arrange the agreed remedy within a reasonable period and without significant inconvenience, taking account of the nature of the article, materials and work required.
5.21 Nothing in these terms excludes or restricts any right or remedy which cannot lawfully be excluded or restricted under applicable law.
Complaints and Dispute Resolution 5.30
5.30 Fleming Howland aims to resolve complaints directly and constructively. Complaints should be made in writing and include the order number and a clear description of the issue.
5.31 Fleming Howland will review the available information, arrange inspection where appropriate and provide a written response.
5.32 Where a matter cannot be resolved directly, Fleming Howland may propose independent inspection, mediation or another appropriate form of alternative dispute resolution.
Privacy and Data 6.0
6.0 Fleming Howland processes personal information in accordance with applicable data protection law and its published Privacy Policy.
6.11 Customer information may be used where reasonably necessary to process orders, arrange payment and delivery, provide aftercare, administer guarantees, maintain production records, resolve disputes and comply with legal obligations.
6.12 Fleming Howland may share relevant information with trusted service providers including payment processors, carriers, technicians, insurers and professional advisers where reasonably necessary to provide the service or protect legitimate legal and commercial interests.
References
The Furniture & Home Improvement Ombudsman: an independent not-for-profit organisation specialising in Alternative Dispute Resolution services for consumers and businesses in the furniture and home improvement industries.