Terms and Conditions

Terms of Sale

Introductions

  • The following terms and conditions of sale (the “Terms of Sale”) apply to all orders placed with Falcon Marketing for all of our services (including Rental) except where specifically stated otherwise within these Terms of Sale.
  • The Terms of Sale set out the basis on which Falcon Marketing enters into a contract to provide goods or services to the Customer.
  • Falcon Marketing reserves the right to change its Terms of Sale at any time.  Any changes will be effective from their date of publication on the Falcon Marketing website.
  • Customers should ensure that they understand and accept these Terms of Sale before placing an order.  If there are any questions, customers are invited to contact us for clarification first.

 

Definitions

  • The contract is with Falcon Marketing.  The terms “the Company”, “we”, “us” and suchlike are used for convenience and should be construed accordingly.
  • The term “Customer” is used to include the person or legal entity that placed the order and any other agent or person nominated insofar as such other person could reasonably be expected to have the necessary authority regarding the issue in question.  This includes the property owner, an estate agent or property manager or other such authorised person.
  • The term “Access Contact” includes the Customer as defined above but extends to any other nominated point of contact facilitating access (examples include the Letting Agent, Tenant, Neighbour, Builder, Cleaner, etc.).

 

Geographical Areas Covered

  • Falcon Marketing Staging and Rental services are available throughout the country. Delivery charges are as follows:
  • Local Delivery Zones.
    • Within a radius of 5 miles of head office (17 Grey St Hull, HU2 8TJ) Delivery is free of charge
    • 5-10 miles from head office, £20 added for delivery and £20 for pick up
    • 10-30 miles from head office, £50 added for delivery and £50 for pick up
  • Outside of these zones, Falcon Marketings services may be available by agreement.  Longer lead times and delivery charges may be applicable.  These will be advised on enquiry. 

 

Stock Availability and Pricing

  • All stock items are subject to availability.  We will use our best endeavours to ensure that all items quoted are available on the expected date of delivery.
  • We reserve the right to discontinue any listed item without notice, either temporarily or permanently.  We are not liable for any modification, suspension or discontinuation of any listed item.
  • Not all goods or promotions on the Falcon Marketing website will necessarily be available to those ordering by telephone or through other channels.  Where an ordered item is unavailable within the agreed delivery deadline, a substitute may be offered.
  • We do our best to ensure that all prices are accurate on our website.  We aim to ensure that all brochure prices are correct at the time of going to print but these are liable to change.  We will correct any errors once we become aware of them.  If any such error has affected a Customer’s order, we will inform the Customer.  The online and brochure price may differ.  We reserve the right to adjust listed prices without notice.

 

Access

  • Arrangements can be made to meet the Access Contact directly at the property.  Alternatively, we can collect keys from an Access Contact in the vicinity of the delivery address, meaning within the same post code or one immediately adjacent.  We will return the keys to the same contact person/organization or to any other nominated contact in the vicinity.  This will normally be on completion of the delivery unless otherwise requested.
  • There must be road access available to the property for commercial vehicles.  Parking must be available within a distance that is reasonable in relation to manually carrying all the items that are to be delivered and removed.
  • The property must be in suitable condition to allow delivery of the items ordered.  The property must be free from any relevant health and safety hazards.  Any flooring, carpeting, electrical, plumbing or other such work in the areas where items are to be delivered must be completed. We also recommend that the property has been cleaned prior to services being carried out and that high wattage light bulbs have been placed which will enhance the quality of the pictures.
  • All staircases and lifts to be used for access to the property must be accessible and available throughout the scheduled delivery time.
  • The Company will use our best endeavours to complete any delivery or removal as far as is reasonably practicable.  We reserve the right to refuse to carry out any delivery that we deem to be unreasonable.  In such cases, we will attempt to contact the customer to arrange an alternative delivery solution.
  • Should any of the criteria listed above prevent Falcon Marketing from completing the delivery using reasonable means, the customer is liable to pay a charge towards the costs of the failed delivery.  See under Failed Deliveries below for further details.
  • If the delivery team believes that delivery of an item to the Customer’s room of choice may cause damage to the Customer’s item or property or infringe Health & Safety regulations, we will inform the Customer.  In such circumstances, Falcon Marketing will not be liable for any damage to the item or the Customer’s property as a result of attempting installation on the Customer’s instructions.  We reserve the right to decline to carry out the delivery.
  • Details on the process of arranging access are given under the relevant service.
  • If properties are occupied, Falcon are not responsible for notifying tenants of the services to be carried out. In addition we are unable to move any personal possessions, remove posters from walls or clean rooms. In order to achieve the best quality product we recommend that
    1. The tenants are notified well in advance of the service to be carried out.
    2. All rooms are vacated on the date of service at a time mutually convenient to all parties.
    3. Permission is given for personal objects to be removed or re-positioned.
    4. A representative of the landlord/owner is on hand to clear the room in preparation for our dressing service and is available to re-assemble the room once the service is complete.

 

Staging and Dressing Service

  • A consultant can provide advice and guidance on how to furnish the property to best effect.  A site survey will be conducted on request for any property within the Local Delivery Zones.
  • Staging service will be carried out by specialist Falcon Marketing personnel who are experienced in providing this enhanced service.
  • All items will be delivered and set up in accordance with the Customer’s request or any agreed scheme.
  • If bed linen is ordered, beds will be dressed (unless requested otherwise).
  • If any prints or mirrors are ordered, these will be hung (unless requested otherwise). It will be necessary to place pins in walls to hang pictures which may cause some slight cosmetic damage which we cannot be held responsible for.
  • Any accessories purchased from us will be laid out appropriately to dress the property in accordance with the Falcon Marketing installation standards (unless requested otherwise).
  • Following dressing, two photographs will be taken of each room. These photographs will be forwarded to the customer either by memory stick or electronically.
  • The required notice for this service is normally three working days.  For large orders, a longer period may be necessary.  If so, we will advise the Access Contact in advance.
  • Falcon Marketing reserve the right to use photographs of the property for their own marketing needs. No reference will be made on our website as to who owns the properties displayed.
  • Any lost or misplaced photographs cannot be replaced unless a customer support package has been purchased.

 

Filming Service

  • A video tour can be conducted provided this service is booked in conjunction with the dressing and staging service.
  • The required notice for this service is normally three working days.
  • Prior to the video being conducted, the customer must provide Falcon with information to be included on the film. If this is not given it cannot be rectified at a later date.
  • All videos will show images inside and outside the property unless specific requests not to conduct filming on the outside of the property.
  • The customer must designate in writing what title they would like the film to have.
  • Falcon Marketing reserve the right to display our company logo and information at the start and end of the film.
  • Once the video has been recorded, the customer or a designated representative must review the video immediately to approve and sign that the film is approved for content, quality and lighting as changes cannot be made after the event.
  • We are not responsible for poor natural lighting due to adverse weather or dusk or dawn times.
  • The video will be enhanced and downloaded onto” YouTube”. This process will normally take 24 hours per video, however we reserve the right to take 3 working days to process each film.
  • The customer agrees to allow Falcon Properties and Marketing the right to publish the video of your property through our YouTube account.
  • Following upload, the customer will receive the link to the film and will be notified how to search for the film.
  • If you wish to delete/unpublish the video at a later date we require 3 business days’ notice to carry this out
  • For optimal results, the video will be best viewed on an iPad or Smart Phone. In addition film quality will be dependent on speed of internet connection and quality of monitor used. High definition monitors will achieve better results.

 

 Furniture Service

  • The customer agrees to hire the furniture for the duration of the hire period.
  • The required notice for this service is normally three working days.
  • If the agreement is cancelled (in writing) with at least 3 days’ notice then there will be no charge and any deposit paid will be refunded. If the agreement is cancelled (in writing) within 3 days of the date of delivery the deposit will not be refunded.
  • On occasion certain items advertised may not be available depending on suppliers. Falcon reserve the right to exchange items of furniture for equal or superior quality.
  • Falcon will deliver the furniture to an agreed location once an installation date has been agreed and a 10% deposit has been paid.
  • It is the customers responsibility that the premises are accessible, that parking is available and that there are no health and safety hazards.
  • It is the customers responsibility to ensure that Falcon have lawful entry to the premises.
  • The customer will keep the furniture at the premises and will be invoiced for replacement furniture if it is removed.
  • The customer will keep the furniture in good repair throughout the hire period
  • The customer will keep the furniture safe and protect against adverse weather as well as against risk of theft while at the customer’s premises.
  • The customer must immediately notify Falcon of any loss or damage occurring to the furniture during the hire period.
  • If the furniture is damaged, stolen or is broken during the hire period through no fault of Falcon, the customer will either repair or replace the items damaged or stolen.
  • The customer will indemnify Falcon against any claims, damages, expenses, and proceedings arising in personal injury or death of any person or damage to any property, which arises out of the use of the furniture during the hire period.

 

Warranty

  • Despite all our efforts, there may be occasions where an item is faulty or damaged in some way.   Where this is found at the time of delivery, we will arrange to deliver another at the next opportunity (in accordance with the relevant lead time and subject to stock availability).
  • Unless we specifically confirm otherwise in writing before an order is placed, we do not guarantee that any items are suitable for contract/personal use.  Contract items can be obtained but these will normally need to be ordered specially.

 

Returns Policy

  • The terms and conditions outlined in this returns policy apply to any purchases and services from Falcon Marketing.
  • Customers are entitled to return any goods, including non-standard items, within seven days of delivery if they do not match the description in any material aspect. Where the item is rejected at the time of delivery, no collection fee will apply.
  • If we accept that the item is faulty and covered by warranty, we will arrange the return.  We will not accept any cost for the return delivery unless explicitly approved in advance.
  • Within the Local Delivery Zones, we can arrange a collection of unwanted goods.  Unless the goods are accepted to be irreparably faulty and under warranty, a collection fee may apply.  Any charge will be agreed with the Customer before arranging the collection.  Collections will be arranged in the normal course as set out for deliveries.
  • All items must be returned in the packaging in which they were left by the delivery team.   (E.g. mattresses should be returned in the original bag.)
  • Where payment for the goods was made by credit card, any refund will be made to the same card without any other notification.
  • The value of the refund will be the price paid for any returned item less any charges for damage to the item while in the Customer’s possession.   Any collection charge or other such fees will be deducted from the refund.

 

Cancelled or Reschedules Orders

  • Unless agreed otherwise in writing, an order can be rearranged or amended without additional cost at least 72 hours before it is scheduled for delivery.  Any additional payment is required before the order will be processed.  Any refund due will be paid once the order is invoiced.
  • To cancel either an entire order or any item from an order, customers should contact Falcon Marketing, quoting the delivery address.
  • Where an order is cancelled at any time 3 days before the delivery is scheduled, a full refund will be given.
  • If the agreement is cancelled (in writing) with at least 3 days’ notice then there will be no charge and any deposit paid will be refunded. If the agreement is cancelled (in writing) within 3 days of the date of delivery the deposit will not be refunded.

 

Failed Deliveries

  • Where we fail to carry out a delivery or are unable to complete any contracted work for any reason before the agreed delivery deadline, we will attempt to notify the Customer at the earliest opportunity to agree a solution.
  • Where any such failure results from failed access or some other matter for which the Customer or Access Contact is responsible, a charge may be payable.
  • Failed deliveries will be rescheduled in the normal course as set out below.
  • If the Customer cancels the order, a refund will be made in accordance with these Terms of Sale.  Where applicable, the failed delivery charge will be deducted from the refund.
  • If it appears that an item has not been delivered, the Customer should notify us at the earliest opportunity if we have not already reported this.  Where we accept that an item has not been delivered, the options available for any other failed delivery will apply.  In case of a dispute, the Company will be entitled to reject any such claim if the Customer signed for receipt of the goods.  Where the Customer was not present, the Company will be entitled to reject any claim made more than 7 days after the date of the relevant invoice.

 

Payment Terms

  • A 10% deposit is required to secure services at the time of booking.
  • Full Payment is due upon completion of services unless agreed otherwise in writing.
  • Orders will not be scheduled for delivery until the required payment has been received.
  • For orders paid by card, we reserve the right to request to check the card, receive proof of identification and to obtain a signature to confirm payment is due before carrying out the delivery.
  • Where another payment method is used, we reserve the right to wait until payment has cleared before delivery is made.
  • Order confirmations can be sent on request before delivery.  This will normally be by e-mail to the billing contact.
  • Invoices will be sent to the nominated billing contact on completion of the delivery.  Unless requested otherwise, this will be by e-mail.
  • All invoices are payable within the agreed payment terms from the date of the invoice.  This invoice date and the due date are shown on the invoice.
  • All items remain the property of Falcon Marketing until payment in full has been received.  This includes payment of any charges associated with the order.
  • Where payment is not received within the terms of the contract, the Company will be entitled to pursue any legal rights to recover the sums due.  The costs of any such legal remedy and any enforcement will be added to the debt.  Where the furniture is recovered, all costs of recovery will be added to the debt.
  • The Company reserves the right to assign any debt.

 

Quotations

  • Quotations are valid for thirty days.  Prices (excluding VAT) will be honoured during this period.
  • Beyond this period, the prices and items available are liable to change.
  • Where applicable, a signed quotation must be received before an order is raised.
  • Payment of the agreed amount must be made before any order is processed.

 

Limitations of Liability

  • Falcon Marketing’s entire liability to the Customer under these Terms of Sale will not exceed the price paid for the goods and any other charges relating solely to those goods.
  • Falcon Marketing is not liable for any loss of revenue, profit, savings, goodwill, business opportunity, injury to reputation or for any other losses to the Customer that are not reasonably foreseeable by the Company when the order is accepted.  No liability will be accepted under the contract with Falcon Marketing for any losses incurred by any associates, clients, partners, companies or any other person or legal entity related to the Customer except where specifically agreed otherwise in writing in advance.
  • In particular, we will not accept any responsibility for any losses due to a failure to deliver and install goods within the timescales set out in these Terms of Sale where we have made reasonable efforts to do so.  This would apply in cases where the item was found to be faulty or damaged or any similar reason or where the Company attempts to make a delivery on the agreed day regardless of whether this is outside of the expected delivery time window.  It would also apply where an item is unavailable but a suitable alternative has been offered.

 

Legal, Accounting and Miscellaneous

  • Jurisdiction.  The jurisdiction for any legal claims is England & Wales.
  • Company Information.  The required information is printed on sales quotes, order confirmations, invoices and other similar documents.  It is also shown on our website.  Details are available on request.
  • Indemnification.
    • By placing an order, the person doing so confirms that he or she is authorised to do so on behalf of the named person, company or other legal entity that is given as the Customer.
    • By engaging us to carry out any work, the Customer confirms legal entitlement to do so.  In particular, the Customer warrants entitlement to grant access to the property or any other area and to make any required alterations to it.
  • Acceptance.
    • Customers are deemed to have accepted these Terms of Sale either by explicit acceptance or by continuing to engage in business with the Company after being given a reasonable opportunity to read them.
    • Invoices, web orders and quotations and various other documents refer to these Terms of Sale.  Placing such an order or receiving such a document is deemed to provide notice of these terms.
  • Additional Terms & Amendments.
    • Additional terms or clarification of these may be added by other documents or correspondence provided to the Customer.  The Customer will be deemed to have accepted any such new terms or clarification in the same way as the Terms of Sale.
    • Where such new terms conflict with these Terms of Sale, the Terms of Sale shall take precedence except as described below.
    • Any agreement that purports to change or contradict any of these Terms of Sale shall have any effect only where specifically agreed in writing in advance by a Falcon Marketing director.

 

Website

    • These terms and conditions can change at any time and it is your responsibility to check our website prior to ordering to ensure you have the most recent information.
    • You warrant that all details you provide to falconpropertieshull.co.uk for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
    • You agree that e-mail can be used as a long-distance means of communication
    • It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
    • Falcon Marketing reserve the right to terminate our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:
      • you fail to make payment to us when due
      • you breach any of our terms and conditions
      • when requested by us to do so, you fail to provide within a reasonable time frame, sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
      • we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on falconpropertieshull.co.uk

 

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website.

 

Privacy

Falconpropertieshull.co.uk or Falcon marketing will not pass on your personal, credit or debit card details to any third party.

 

Liability

    • We do not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
    • If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on falconpropertieshull.co.uk is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order.
    • We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of mitigating factors such as Internet browsers, monitor colour contrasts etc, we cannot be held responsible or liable for any colour discrepancies between the image and the actual product.
    • We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.
    • We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
    • We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, or reliability of the Website.  We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

 

Copyright

In accessing falconpropertieshull.co.uk web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of falconpropertieshull.co.uk web pages for any other purpose whatsoever without the prior written permission of Falcon Properties and Marketing.

 

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

 

Entire agreement

These Conditions govern our relationship with you.  Any changes to these Conditions must be in writing and signed by both parties.  In this way, we can avoid any problems surrounding what Falcon Marketing and you are expected to do.  You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.  Your Statutory Rights are not affected by these terms and conditions.  Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

 

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.