TERMS & CONDITIONS
This page (together with our Privacy Policy, Terms of Use, Acceptable Use Policy and Delivery & Returns Policy) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
INFORMATION ABOUT US
We operate the website www.casamaria.co.uk we are MS Global Trading Limited, a company registered in England and Wales under company number 11463653 and with our registered office at MS Global Trading Ltd, 71-75, Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ. Our main trading address for delivery and returns is at MS Global Trading, Helsby and Longden, Unit 5 Ashville Way, Sutton Weaver, Runcorn, WA7 3EZ. Our VAT number is GB329512208 .
HOW TO CONTACT US
Email: info@casamaria.co.uk (We endeavour to respond within 48 business hours)
Live Chat 9 am - 5 pm, Monday – Friday via the website.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
IF YOU ARE A CONSUMER
COMPLAINTS:
We aim to provide a high standard of service. If at any time you would like to discuss with us how we could improve the provision of our services, or you are dissatisfied with the service you have received or have any other complaints with regards to your order or otherwise you should contact us at
info@casamaria.co.uk
We will try to resolve any problem as quickly as possible, investigate any complaints carefully and promptly and report to you with our findings.
OUR CONTRACT WITH YOU
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order on each page of the order process.
After you place an order, you will receive an on-screen and e-mail “order confirmation” from us acknowledging that we have received your order.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. If you have already paid for the Product(s) we will refund you the full amount paid including any delivery costs charged as soon as possible.
AGE RESTRICTION
This clause only applies if you are a consumer
If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
OUR LIABILITY IF YOU ARE A CONSUMER
This clause only applies if you are a consumer
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall MS Global Trading Ltd T/A: Casa Maria Designs, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
IF YOU ARE A BUSINESS CUSTOMER
This clause only applies if you are a business customer.
If you are not a consumer, you as the individual person making the Contract on the business’s behalf confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
These Terms and any of our Privacy Policy, Terms of Use and Acceptable Use Policy constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to its subject matter.
You acknowledge that in entering this Contract you do not rely on any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy Policy, Terms of Use and Acceptable Use Policy.
You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
OUR LIABILITY IF YOU ARE A BUSINESS
This clause only applies if you are a business customer
We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
Nothing in these Terms limits or excludes our liability for:
death or personal injury caused by our negligence.
fraud or fraudulent misrepresentation.
breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
defective products under the Consumer Protection Act 1987.
Subject to clause 19, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
any loss of profits, sales, business, or revenue.
loss or corruption of data, information, or software.
loss of business opportunity.
loss of anticipated savings.
loss of goodwill; or
any indirect or consequential loss.
Subject to clause 19, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Product(s).
Except as expressly stated in these Terms, we do not give any representation, warranties, or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. We will not be responsible for ensuring that the Products are suitable for your purposes.
OUR PRODUCTS
The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
We have tried to describe the products, their description, and functions to the best of our ability. If you are unsure of anything or seek further clarity, then please email us before ordering and we will try our best to answer any queries. We will not be liable for any information which is inaccurate on the website. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions, and measurements indicated on our site are approximate only.
Product images are usually supplied by the manufacturer. Some images are taken from the actual item, and some are created using CGI. The images are used to give an example of how the product may look in real life if a variety of different colours. If you are not sure or would like additional information, then you can email us to request further images and samples to give you a deeper insight into the product and colours.
Most of our indoor furniture is handmade, vintage, or shabby chic. As the items are handmade, they may not have a “perfect” factory finish and no item will be exactly the same as the other. They are their own unique items of furniture which may slightly alter from item to item. Our vintage and shabby chic items are either chosen for their appearance of age and signs of wear and tear or where new items are distressed to achieve the appearance of an antique. This style of furniture appears to be pleasingly old, distressed and slightly worn. This is done intentionally and is not a manufacturing defect.
The packaging of the Products may vary from that shown on images on our site. Any product which is described as “assembled” is referring to the main structure of the product. In other words, it is not a flat-packed product that you have to build yourself. However, some products will require some minimal assembly such as attaching the feet on a sofa, fitting a drawer knob/handle on a cabinet etc. The customer is responsible for any damage caused to the product during this minimal assembly.
Free Rain Cover - From time to time, we may offer a free rain cover to complement our garden furniture. The rain cover does not form part of the contracted sale but is a free separate item, that can be used to help protect the furniture from outdoor elements such as wind and rain. We use generic stock images for illustrative purposes only. The actual free cover may differ from the images depending on current stock availability. The free rain cover is a free giveaway with zero value and is not covered by any manufacturing warranty. We bear no liability if you are not happy with the rain cover, or any damages/issues caused by using it. We would always suggest storing your cushion covers away inside when the weather is bad and over the Autumn and Winter months.
BESPOKE PRODUCTS
Some Products on our site are capable of being tailored to your specific requirements. If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary because of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract))
Where you request a change to be made to the Product then, in the event of cancellation, you will be charged a restocking fee calculated at 20% of the Contract price.
USE OF OUR SITE
Your use of our site is governed by our Terms of Use and Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you. At all times we will retain and use your personal information in accordance with the GDPR, however, should we at any stage fail to do so we will notify you at the earliest opportunity.
OUR RIGHT TO VARY THESE TERMS
We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated, and which Terms were changed.
Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause only applies if you are a consumer
If you are contacting us to cancel a Contract then you must put this in writing via email at info@casamaria.co.uk or writing to MS Global Trading, Helsby and Longden, Unit 5 Ashville Way, Sutton Weaver, Runcorn, WA7 3EZ. We will usually email you a link to a cancellation/returns form.
If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
However, this cancellation right does not apply in the case of:
a) Products that are bespoke to you, made to your specifications or are personalised.
b) Products that are liable to deteriorate or expire rapidly.
c) Products which are not suitable for return due to health protection or hygiene reasons if the security tag on the Products has been removed or tampered with after delivery; or
d) any Products which become mixed inseparably with other items after their delivery.
Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered but usually, you will have to the end of 14 days from the date that the Product came into your physical possession to do so.
If you cancel your Contract, we will:
refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods if this has been caused by your handling them in a way that would not be permitted in a shop. This includes any damage to the item or packaging.
refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (if this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
If you have not received the Product or received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
If you have returned the Products to us under this clause because they are faulty, misdescribed, or for any other non-conformity with the Contract we will refund the price of the Product(s) in full, together with any applicable delivery charges.
We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product, we may refund you in vouchers.
If a Product has been dispatched before you decide to cancel your Contract:
Then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Our returns address is MS Global Trading, Helsby and Longden, Unit 5 Ashville Way, Sutton Weaver, Runcorn, WA7 3EZ.
Alternatively, if you have not taken receipt of the goods then we can make arrangements to return the product back to our warehouse for a standard returns rate of £40 for parcel delivery and/or £90 for "booked in" larger item delivery. In this instance, we will issue you a refund minus the returns fee.
If you are returning goods because they have arrived damaged or defected, then we will make arrangements to collect or exchange at our own expense. In this instance, the customer is responsible for notifying the seller if the collection address is different from the "Shipping Address" on the original order. For health and safety reasons, the customer must make arrangements to bring the returning item to kerbside on the agreed collection date so the couriers can collect.
Collections usually take 1-4 business days, and it is customers responsibility to make themselves available for the collection during business hours. If you are not at home due to commitments such as work, then you must notify us of when you are available and potentially make arrangements to collect the return item from an alternative address such as a friend or neighbours house. If there is a failed collection due to the customer not providing the correct information and/or not having the item ready to collect from kerbside when the courier arrives then the customer would become liable to a) pay £40 failed collection fee or b) Return goods back to the supplier's warehouse at own cost and arrangements.
If an item arrives damaged and we agree to resend the whole or part of the item to resolve the issue, we will try to collect the damaged item on the return. This may not always be possible due to distance, or the item is too damaged to safely return. In this instance the customer would be liable to dispose of the damaged item(s) at own cost and arrangement.
Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty, misdescribed or otherwise fail to conform with the Contract. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
DELIVERY
General deliveries are dispatched through third party couriers, and arrive Monday - Friday, 7 am - 8 pm. The Product will be handed over by a single delivery person, still in its packaging, which you will then need to dispose of.
Unfortunately, due to logistics, we are unable to accept any time slot requests and the onus is on the customer to make themselves available during the above hours to accept the delivery.
For larger items, we use a pallet delivery company that will deliver the order on a pallet as close as they can get to your door. Please note, the order will be left kerbside on a pallet. You are responsible for making arrangements to carry the furniture into your property and disposing of the wooden pallet.
We will contact you with an estimated delivery date following the acceptance of your order as set out in clause 5.
We endeavour to fulfil the delivery within 5 working days (from stock date), however sometimes there may be delays out of our control. Our delivery guarantee is 6 weeks from stock date and if we do not meet this the customer would be entitled to cancel the order and receive a full refund despite the current delivery status.
Occasionally our delivery to you may be affected by an event outside our control. In that event, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event outside our control, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. See clause 19 for our responsibilities when this happens.
All Products that are delivered must be signed for. If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. Please note, in this instance, you are liable for a returns fee of £40 for parcel delivery and/or £90 for pallet delivery.
Delivery of an Order shall be completed when we deliver the Products to the address you gave us, and the Products will be your responsibility from that time.
You own the Products once we have received payment in full, including all applicable delivery charges.
Time for delivery will not be of the essence, however, if we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
a) we have refused to deliver the Products.
b) delivery within the delivery deadline was essential (considering all the relevant circumstances); or
c) you told us before we accepted your order that delivery within the delivery deadline was essential.
If the circumstances in this clause in paragraphs (a) to (c) above apply, but you do not wish to cancel your order straight away, or do not have the right to do so under clause 13, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
Irrespective of the nature of the Product ordered it is assumed that delivery will be to the kerbside (if delivered on a pallet) or front door of premises (if delivered via parcel delivery) to which there is good access for our delivery vehicle. If you have any reason to suspect that delivery might be hampered by reason of poor access, then you should contact us to arrange to accept delivery at another place.
Make sure you examine your item(s) on arrival ideally before you sign for them to accept delivery. After delivery has taken place, we allow up to 48 hours for you to check over the item(s) and report any non-manufacturing damage or defects. This must be done in writing by emailing info@casamaria.co.uk – We cannot be held liable for any damage reported after this timescale. If you are planning not to use the items(s) straight away, for example, you are decorating a room. You must still open the packaging and report any non-manufacturing defects within 48 hours of delivery.
For security reasons, we use couriers who offer traceable deliveries. In most instances, we will be able to provide a 2-hour window slot on the day of delivery. If you are not at home, then the couriers may leave it in a "safe place" or with a neighbour unless you specifically advise us not to. If you have any special delivery instructions, then please make a note at check out.
For shipping policy please see: https://casamaria.co.uk/policies/shipping-policy
INTERNATIONAL DELIVERY
We deliver to the countries listed on this page (International Delivery Destinations). However, there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges, and we cannot predict their amount.
You will be responsible for the payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
PRICE OF PRODUCTS AND DELIVERY CHARGES
The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered into the system.
Our site, however, does contain many Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process before you confirm your order. To check relevant delivery charges, please refer to our delivery page here.
HOW TO PAY
You can only pay for Products by:
a) debit card or credit card (we accept the cards listed on our site from time to time); or
b) PayPal
c) Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
Pay in 3
Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy statement.
Payment for the Products and all applicable delivery charges is in advance.
MANUFACTURER GUARANTEES
This clause sets out the guarantee that is provided in relation to brand new items. We may offer different terms for returns, ex-display, and clearance furniture. The points below summarise the position in relation to the goods. Please note that our warranty does not affect your statutory rights.
Warranty excludes accidental damage and wear and tear. The warranty covers domestic use only. Our warranties are only valid for the UK mainland, from the date of purchase to the original purchaser only and may be subject to our terms.
5 Year Structural Guarantee
What it Covers
Our 5 Year Structural Guarantee covers the frame construction of the product against manufacturing defects. This excludes any factors which may be influenced by surroundings such as damp or rust.
12 Months Manufacturing Guarantee
We also cover your furniture for manufacturing defects for 12 months on:
Leathers, fabrics, inners, stitching, glass, PE rattan weave, mechanisms, mattresses, components, electrical, paintwork, screws, zips, levers, and knobs.
What it Doesn't Cover
The Guarantee does not cover your furniture against accidental or deliberate damage. Exclusions to the guarantee include:
Wear & tear, misuse (accidental or deliberate), failure to maintain, weather damage, commercial use, over-tightening the knobs which cause mirrored items to crack from the centre of the hole, non-authorised repairs, or alterations.
Our customer service team are at hand to deal with any service issue. All service communication correspondence is to be in writing to info@casamaria.co.uk this is so we have a running commentary of all dialogue to ensure smooth resolution.
To resolve a valid claim, we may be required to attend to your property to assess the issue in more detail. For a resolution, we may offer a repair or replacement depending on the most cost-effective solution. Some repairs may involve us ordering parts from our suppliers who are mainly based in the Far East and therefore lead-times on parts may take up to 12 weeks to arrive in the UK.
There may also be times when we may require the furniture, or part of, to take to our service unit to conduct the repair. We would do this as quickly and smoothly as possible to minimise disruption.
In instances where there is
