TERMS OF SERVICE
v.201807-1
1. General conditions
1.1. Welcome to the Fitd website located at fitd.com (the Site). These terms of service (the Terms) govern your use of the Site, the Fitd configurator application (the App), and our other services and content, accessible via our Site (collectively the Service).
1.2. By using our Service, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, please do not use the Service.
1.3. The Service is operated by Fitd Furniture Ltd, 71-75 Shelton St, London, WC2H 9JQ (Fitd). Fitd is a company registered in England and Wales, registration number 10512306. Throughout the Terms, the terms ‘we’, ‘us’ and ‘our’ refer to Fitd.
1.4. Fitd provides each user of the Service (the User) with access to the Service. The Service enables:
(i) Configuration, including specifying dimensions, materials, colours, and storage options (the Specifications) of the made to measure furniture offered by Fitd (the Product);
(ii) Ordering the Product including Installation Services (the Order);
(iii) Maintenance of the User’s account within the Service (the Account).
1.5. Fitd reserves the right to refuse service to anyone for any reason at any time.
1.6. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2. Personal information
We value your trust and take your privacy and the security of your personal information very seriously. Your submission of personal information through the website is governed by our Privacy Policy.
3. The Order
3.1. An Order is submitted when the User;
(i) finalises a furniture Configuration in the Fitd App (the Order Specification);
And;
(ii) clicks a button marked ‘Pay Deposit’ or ‘Pay Now’.
3.2. Once the submitted Order is received and reviewed by Fitd, the User will receive an email confirming the Order Specification and confirming acceptance of the Order by Fitd. At this point a contract for a sale of the ordered furniture has been completed and the Order may not be amended. The User may however return the furniture for a 100% refund within 60 days from the day after Fitd completes the installation and in accordance with the terms of our money back guarantee.
3.3. Fitd currently accepts orders for Installation Addresses in most London postcodes and surrounding postcode areas. If the requested Installation Address is in an unsupported location Fitd will not accept the order but will instead inform the user of that fact and refund any amounts paid in full.
3.4. Once Fitd has accepted the Order;
(i) Fitd is obliged to provide the User with a product suitable for use, that is in accordance with the Order Specification, that is non-defective, and that is installed at the Installation Address;
(ii) The User is obliged to pay the final price of the product, less any amounts already paid in respect of the Order, no later than seven full calendar days before, and not including, the Installation Date.
3.5. Fitd will undertake a Measurement Survey at the Installation Address on a date agreed with the User. If there is a significant variance between the space dimensions recorded in the Order Specification (the Specified Dimensions) and the dimensions measured by Fitd during the Measurement Survey (the Surveyed Dimensions), or if other conditions that may prevent a successful Installation are identified by Fitd (the Adverse Installation Conditions), Fitd reserves the right to terminate the contract and refund all amounts paid by the customer in full. Alternatively Fitd and the User may agree to amend the Order Specification and the final price in respect of the dimension variance and/ or Adverse Installation Conditions.
3.6. Fitd will begin to execute the order immediately after confirmation of the User’s deposit payment is received, and once the Measurement Survey has been completed.
3.7. Fitd will contact the User to agree an Installation Date for the furniture once the Measurement Survey has been completed.
3.8. The production process, from completion of the Measurement Survey to Installation Date, can take up to 60 days. In special cases due to the particular features of the Order, the availability of materials, or other circumstances outside of Fitd’s direct control, Fitd reserves the right to delay the Installation. Fitd will immediately inform the User of the expected new Installation Date, which will constitute an amendment of the terms of the Order.
3.9. On the agreed Installation Date the User will facilitate access by Fitd to the Installation Address to enable Fitd, or its directly managed installation contractors, to complete the Installation of the furniture. If the Installation cannot be completed on the Installation Date the User will facilitate access on additional dates agreed between the parties as necessary to complete the Installation.
4. Intellectual Property
4.1 Fitd reserves all rights in the Product and the Service to the maximum extent allowable under law.
4.2. The name of the Service, its concept and visual design, all trademarks, Product designs, databases, and algorithms contained within the Service, as well as, any computer code associated with the Service constitute Fitd’s sole, legally protected property unless explicitly agreed otherwise.
4.3 The User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Product or Service, use of the Service, or access to the Service without the express written permission of Fitd.
5. Termination
5.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
5.2. These Terms are effective unless and until terminated by either the User or Fitd.
5.3. You may terminate these Terms at any time by notifying us that you no longer wish to use our Service, or when you cease using our site.
5.4. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
6. Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
7. Applicable Laws
Your use of this Service and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
8. Changes to the Terms of Service
We may update these Terms from time to time. When we make changes, we’ll update the version number at the top of the Terms. We encourage you to check back periodically to review these Terms for any changes.
Questions?
If you have questions about these Terms, please email us at hello@fitd.com or call us 020 8050 2712. You can write to us at; Fitd Furniture Ltd, 71-75 Shelton St, London, WC2H 9JQ, UK.