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Terms & Conditions

ASPACE HOLDINGS LTD.

Please read these terms and conditions carefully before using the www.aspace.co.uk web site. By using our site, you signify your agreement to be bound by these conditions.

ASPACE HOLDINGS Ltd endeavours to ensure that the information on this website is accurate and up to date but does not give any warranty as to its accuracy or completeness and will not be responsible for any errors or omissions or for the results arising from the use of such information.

1. ABOUT US

ASPACE HOLDINGS LTD (trading as Aspace and www.aspace.co.uk ) is registered in England and Wales under company number 09877304 and is registered at Unit 1, The Old Silk Works, Beech Avenue, Warminster, Wiltshire, BA12 8LX

2. ABOUT YOU

www.aspace.co.uk does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use www.aspace.co.uk only with the involvement of a parent or guardian. By placing an order through our site, you agree that:

You are legally capable of entering into binding contracts

You are at least 18 years old

3. CONSUMER RIGHTS

This section is only applicable to individuals who order from us. It does not apply to business or commercial customers or individuals who purchase a product for business or commercial use.

3.1 You may cancel at any time before despatch of your order and within 14 days of receipt of the order, beginning on the day after you receive the products.

3.2 You must inform us in writing or by email or by using our cancellation form. Please do not return any goods without first notifying us.

3.3 The products must be in the same condition in which you received them which means that they must be in perfect resalable condition and undamaged in any way. Please ensure that all returns are made in the original, undamaged packaging. We cannot accept returns of fully or partially assembled products. We also cannot accept returns of mattresses where the packaging has been removed.

4 PRODUCTS AND SERVICES

4.1 All product descriptions are correct at the time of publication on our site. We reserve the right to amend the specification of products without notice in regard to future purchases.

4.2 Measurements provided are as accurate as possible but are nonetheless approximate.

4.3 Finishes are applied to our products. Due to the nature of the materials used, finishes may vary.

4.4 Stock availability and any information provided in subsequent communication are provided in good faith and accurate at the time they are given but are not guaranteed.

4.5 It is your responsibility to check that all details provided on the order are correct, including the specifications of the products and delivery details.

5. PRICING AND PAYMENTS

5.1 All prices published on the website are correct at time of publishing but we reserve the right to alter prices without prior consent.

5.2 All orders will have payment taken in full at the time the order is placed. We do not offer any interest free credit or deposit system.

5.3 Prices include VAT but exclude any delivery costs which will be added to the total amount due as set out in our delivery charges.

5.4 The ASPACE Order Confirmation email you receive does not oblige us to supply you with the products you have ordered at the prices given. As we process your order, we will inform you immediately should products be unavailable or delayed. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item to you. In those circumstances, we will notify the correct price to you as soon as the error comes to our attention so you can decide whether or not you wish to order the item at that price.

6. DELIVERY

Please refer to our Delivery Information page for full details on the delivery service.

6.1 You are responsible for checking the condition of the products delivered and must highlight any issues upon receipt with the delivery courier. If you are unable to check the goods, please ensure they are signed for as unchecked.

6.2 Time of delivery is not of the essence in these terms and conditions. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any delay.

7. GUARANTEE

Mattresses: Our mattresses are covered by a 5 year guarantee which covers faults arising from poor workmanship or other manufacturing defect and / or the use of faulty materials. This normally means stitching and / or handles failure, tufts coming out of the mattress, spring unit failure in normal use etc. It does not cover normal wear & tear, neglect, misuse or failure to follow the care instructions supplied with each mattress. This guarantee is in addition to, and does not affect, statutory rights. This guarantee does not apply to trundle and standard mattresses.

Furniture: All of our furniture is covered by our 2 year guarantee. This is from the date you receive the goods and covers faults arising from poor workmanship or other manufacturing defect and / or the use of faulty materials. It does not cover normal wear & tear, neglect, misuse or failure to follow the care instructions supplied with each product. This guarantee is in addition to, and does not affect, statutory rights.

Exclusions: Guarantees exclude goods purchased from our clearance sections or ex display items. Guarantees do not cover fair wear and tear, neglect, abuse or misuse of your goods.

Guarantees only apply to goods delivered to mainland UK. If the goods are removed from mainland UK and you wish to claim under the terms of the guarantee, you will be responsible for any additional shipping costs.

8. LIABILITY

ASPACE HOLDINGS Ltd will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the Web site, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Web site or when a contract for the sale of goods by us to you was formed.

ASPACE HOLDINGS Ltd does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty.

9. GOVERNING LAW AND JURISDICTION

These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

TERMS OF WEBSITE USE

ACCESS TO www.aspace.co.uk

We will do everything possible to ensure that availability of the web site is uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Access to our site may occasionally be suspended or restricted to allow for maintenance or the introduction of new features. We will attempt to limit the frequency and duration of any such suspension or restriction.

LICENSE FOR WEB SITE ACCESS

ASPACE HOLDINGS Ltd grants you a limited licence to access and make personal use of this site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of www.aspace.co.uk. This licence does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This Web site or any portion of this Web site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of www.aspace.co.uk and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising ASPACE HOLDINGS Ltd.’s names or trademarks without the express written consent of ASPACE HOLDINGS Ltd. Any unauthorised use terminates the permission or license granted by ASPACE HOLDINGS Ltd. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Home page of www.aspace.co.uk as long as the link does not portray ASPACE HOLDINGS Ltd, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

You may not use any ASPACE HOLDINGS Ltd logo or other proprietary graphic or trademark as part of the link without our express written consent.

YOUR CONDUCT

You must not use the Web site in any way that causes, or is likely to cause, the Web site or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not ASPACE HOLDINGS Ltd, are responsible for all electronic communications and content sent from your computer to us and you must use the Web site for lawful purposes only.

You must not use the Web site for any of the following:

for fraudulent purposes, or in connection with a criminal offence or other unlawful activity

to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"

to cause annoyance, inconvenience or needless anxiety.

REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Users of this Web site may send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. ASPACE HOLDINGS Ltd reserves the right (but not the obligation) to remove or edit any content.

CHILDREN’S FURNITURE IDEAS

How Do I Upload Photos to Children’s Furniture Ideas?

Children’s Furniture Ideas allows you to upload photos of Aspace products as arranged in your homes. Once you have uploaded a photo, it may be selected by Aspace and used by us in accordance with these Terms and Conditions. You can upload your photo in one of two ways:

1. CHILDREN’S FURNITURE IDEAS

Upload your photo directly to Children’s Furniture Ideas. You will be asked to provide some information for us to identify you, as well as accept these Terms and Conditions and Aspace’s Privacy Policy before upload. If your photo is later published on Children’s Furniture Ideas, the information that you have provided for ‘Name’ and ‘Caption’ will be displayed alongside your photo.

2. SOCIAL MEDIA

Upload your photo on Facebook or Instagram and ensure to tag @aspace_kids to alert us to your post. Your profile must be set to public for us to view your photo.

If your photo is chosen by Aspace you will receive a direct message from our account, which will ask for your permission to publish your photo on Children’s Furniture Ideas. Please reply with #YESAspace to give your permission and agree to these Terms and Conditions and Aspace’s Privacy Policy, which will be linked in the direct message. If chosen, your social media account name will be displayed alongside your photo.

2.1 HOW WILL MY PHOTOS & OTHER DETAILS THAT I SUBMIT BE USED?

Aspace will choose and publish submitted photos at its absolute discretion. For the avoidance of doubt, Aspace is under no obligation to use any of the photos submitted.

You retain the legal ownership of any photo that you upload. However, in order for us to publish your photo on Children’s Furniture Ideas, you grant to Aspace a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, assignable, sub-licensable licence to use the photo. We can use the photo on Aspace’s webpages and for any use in our advertising, marketing and promotional materials without compensation or prior notice using any media or distribution methods. Aspace may use, edit, alter, reproduce, translate, publish, or create derivative works at our sole discretion.

You also grant Aspace the right to use your username, real name, image, likeness, caption or other identifying information in connection with the use of any of your photos displayed on the Aspace webpages. By agreeing to these Terms and Conditions, you are consenting to Aspace’s collection and processing of your personal data as described in Aspace’s Privacy Policy. By submitting your photo, you warrant and represent that (i) you own the rights to the photo or, if the photo is subject to third party rights, that you have all required licenses, rights, consents and permissions to publish the photo and grant the necessary rights, and (ii) you are over 18 years of age.

To the extent permitted by law, you also agree to waive your moral rights in relation to any photos uploaded.

2.2 PHOTO CONTENT GUIDELINES

All uploaded photos are moderated by Aspace. We will not select for publication photos that contain any of the following content:

a. Copyrighted and/or Trademarked Material: please do not upload any photos or other content that infringes or might infringe the rights (e.g. copyright or trademarks) of a third party (such as content that contains any third-party content such as trademarks, logos, company names, insignia, photographs or works of art, excerpts of the books, photos/videos of TV or film scenes).

b. Abusive Imagery: do not upload any images that could reasonably be considered as harmful, threatening or violent, harassing, abusive, offensive, hateful, inflammatory, discriminatory, profane or bullying.

c. Impersonation: use non-offensive usernames only, and do not impersonate any other person.

d. Private & Confidential: do not upload anything that would be considered confidential or that would allude to an individual (e.g. work details, credit card numbers, address details, anything distinctive that a particular individual is known for).

e. People / Facial Recognition: do not upload photos that contain people within the image which have not given you permission to take their photo, whether or not their face can be seen. This includes pictures of people within the photograph (e.g. a photograph within a photo frame on a desk).

f. Comments: make sure any information accompanying your photos are accurate (where they include facts) and are your genuinely held opinions (where you are giving your opinion). Don’t post anything which is in any way defamatory of any person or company.

g. Advertising: do not advertise or promote your own or third parties’ goods or services in any photos or submissions.

h. Links: please do not link to any media or executable file with your photos or submissions.

2.3 WHAT HAPPENS IF I HAVE A COMPLAINT ABOUT A PHOTO OR WANT A PHOTO REMOVED?

If you believe that an uploaded photo on our webpages is inappropriate, offensive or is violating someone’s legal rights (e.g. trademark or copyright infringement) then you can report the photo by sending an email to enquiries@aspace.co.uk.

We reserve the right to remove the photos from Children’s Furniture Ideas, website or marketing materials at any time, for any reason.

2.4 THIRD PARTY SITES

Users of the Aspace site are able to share the photos displayed on Children’s Furniture Ideas and product pages across their social media.

Please note that while Aspace can remove photos from the www.aspace.co.uk website, Aspace is unable to, nor is Aspace responsible for, the removal of any photos shared or posted by third parties on third party sites which are not under Aspace’s control. If you wish to report a photo shared on a third-party site, you should contact the third party or third-party site directly.

COPYRIGHT AND DATABASE RIGHTS

All content included on the Web site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ASPACE HOLDINGS Ltd, its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database right laws.

The compilation of all content on this Web site is the exclusive property of ASPACE HOLDINGS Ltd and its affiliates and is protected by United Kingdom and international copyright and database right laws.

All software used on this Web site is the property of ASPACE HOLDINGS Ltd, our affiliates or our software suppliers and is protected by United Kingdom and international copyright laws. You may not systematically extract and/or re-utilise parts of the contents of the Web site without ASPACE HOLDINGS Ltd.’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Web site, without ASPACE's express written consent.

You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this Web site without ASPACE HOLDINGS Ltd.’s express written consent.

ELECTRONIC COMMUNICATIONS

When you visit www.aspace.co.uk or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the Web site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS

We reserve the right to make changes to our Web site, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the Web site or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you).

If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.