Online Furniture Terms and Conditions

In these Terms:

"Agreement" means these terms and conditions of sale;

“Brown Thomas Arnotts”, “BTA”, “We”, “Us”, and “Our” means Brown Thomas Arnotts Limited or our nominated carrier (as notified to you);

“installation costs” means the installation fee payable to Brown Thomas Arnotts our our Third Party Supplier;

"order" means your order for the product;

"price" means the price payable for the products inclusive of VAT but excluding all other costs including delivery, shipping and storage;

"products" means the goods/services purchased by you;

“Rathwood” means Rathwood Home and Garden World Limited with company number 283468 and registered offices at Rath, Tullow, Co. Carlow; and

“Third Party Supplier” means Rathwood;

"you" or "your" means the person who has bought the products from Brown Thomas Arnotts and whose order has been accepted by Brown Thomas Arnotts.

Except where products are already in stock, they will be made to order. Upon acceptance of your order, we shall therefore place an order with our Third Party Supplier for the products, making a contractual commitment to our Third Party Supplier and incurring administrative costs on your behalf. You will be required to pay the price and any shipping costs in full upon placement of the order.

All orders placed on the website are subject to acceptance in accordance with the following:

• You will be given the opportunity to confirm the details of your order, including your address and payment details, prior to completing your order.
•  To facilitate the completition of your order, the personal data, (contact information), you provided as part of the order will be shared with the appropriate third-party.
•  When you place an order, we will send you an acknowledgement email to let you know that we have received your order. This is not an order confirmation or acceptance.
• We will send you a confirmation email to confirm that your order has been dispatched for delivery. This is confirmation and acceptance of your order.
•  Unless otherwise specified, your order may take up to two (2) weeks to be delivered. Where we are unable to deliver your order within this period, our customer service team will be in touch with you as soon as possible. We reserve the right to cancel your order in these circumstances.
• Once you press the ‘Pay Now’/‘Pay with PayPal’ button, you have given us permission to process your order as requested.

We may be unable, or refuse, to accept your order because:

• one or more products in your order are unavailable;
• we are unable to process payment for your order, or your chosen payment method has been refused;
• we have identified a pricing or product description error; or
• you fail to meet our order eligibility criteria or have failed to comply with our Terms.

If we are unable to accept your order, our customer service team will be in touch with you as soon as possible.

Orders for furniture items that are made to order, personalised, bespoke, altered or otherwise made to your specification cannot be cancelled by you. This does not affect your statutory rights. Please visit our Contact Us page for further information.

We may cancel your order (by providing notice to you) if we are not able to place your order with our Third Party Supplier in which case we will refund any sums you have paid us in respect of your products but will not otherwise be required to pay any compensation to you.

All credit and debit cards are subject to validation checks and authorisation by your card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment, we will not be liable for any delay or non-delivery.

Our furniture delivery is conducted by Third Party services arranged directly by our Third Party Supplier. To facilitate the delivery the personal data, (contact information), you provided as part of the order will be shared with the appropriate Third Party Supplier. Most furniture items will be delivered within 2 weeks unless otherwise stated on the website. If a longer delivery window applies to your item our Third Party Supplier will contact you to provide an estimated delivery date. Brown Thomas Arnotts will endeavour to have your products delivered within this timeframe but please be aware that we cannot guarantee that delivery date and we do not accept liability for any loss or expense incurred by you if delivery is not made by that estimated date.

All furniture will be supplied and delivered by Rathwood. Our Third Party Supplier’s delivery team will contact you using the contact details you provided when placing your order with Brown Thomas Arnotts. The Third Party Supplier’s delivery team will contact you within 24 hours of receipt of your order by Brown Thomas Arnotts to provide you with an estimated delivery date and an AM or PM slot. Due to circumstances outside of the Third Party Supplier’s control such as traffic congestion and bad weather, our Third Party Supplier may not always be able to meet this time slot. If your delivery is to be delayed for any reason a member of the Third Party Supplier’s dispatch team will phone you to explain the problem and confirm a new time slot with you. Please ensure that at the time of delivery you have provided sufficient contact telephone numbers for our Third Party Supplier to be able to reach you at all times during that particular day.

Storage limits

If due to circumstances outside your control you are unable to accept delivery when your products arrive, our Third Party Supplier can store your products free of charge for a maximum period of 4 weeks. After this period a storage fee of €50/£50 (depending on the currency of the order) per week will apply for a maximum of a further 4 week period. Any payment due for storage will be collected and handled directly with the Third Party Supplier. Brown Thomas Arnotts is not responsible for this payment agreement.

Changes to your delivery

Should you wish to change the delivery address of your Rathwood order prior to delivery, please contact Rathwood’s dispatch department via the Rathwood Portal linked in the email you received from Rathwood, or alternatively email Rathwood at furniture@rathwood.com with your amended details. There is no charge for this service. Whilst every reasonable effort will be made, delivery times quoted on your order are approximate and cannot be guaranteed. Rathwood will contact you when your products arrive into their warehouse and they will arrange a delivery appointment with you.

Acceptance

When your products are delivered (and installed, if applicable), you (or the named nominated responsible person acting on your behalf) will be asked to inspect the products (and installation) and sign the driver’s delivery document to acknowledge delivery (and installation).

Faulty items

Please examine your products carefully, as soon as reasonably possible after delivery (and, where we have arranged installation, as soon as reasonably possible after completion of installation). In the unlikely scenario that your product arrives damaged or faulty you should advise us as soon as possible via email with photographs of any fault to the Brown Thomas Arnotts customer service team via our Contact Us page. Brown Thomas Arnotts will liaise with the Third Party Supplier promptly on your behalf to find a resolution to your issue.

Means of access and Installations

It is your responsibility to ensure the areas required for installation are clear of all obstacles and furniture. Brown Thomas Arnotts will not pay for loss or damage to the products or your property which are caused due to (a) the Third Party Supplier following your instructions; (b) there being limited or no access and/or where the products do not fit in the property (unless the loss or damage is cause by the Third Party Supplier’s negligence).

You may return standard items of furniture purchased online for a refund within 14 days of delivery receipt, unassembled, in original packaging, tags still attached, not tampered with in any way and fit for resale. Please note that for hygiene reasons, mattresses, divans and bed sets cannot be returned unless they are in their original packaging and the seal has not been broken. Furniture items that are made to order, personalised, bespoke, altered or otherwise made to your specification are not returnable.  This does not affect your statutory rights.

Please ensure that you are completely satisfied with your purchase before assembly starts as if it’s assembled or part assembled, then this is deemed as acceptance of the products and they can therefore not be returned.

A courier fee will apply for all furniture returns under this policy:

• RATHWOOD FURNITURE €39 / £39 (depending on the currently of the order)

In order to return a product you will need to follow the below steps.  If you would like additional assistance with your third party return, please contact the Brown Thomas Arnotts customer services team via our Contact Us page.

Step 1 -  Ensure the item is in its delivered form and original packaging, undamaged, unassembled, tags attached and not tampered with in any way. 

Step 2 – Contact the Brown Thomas Arnotts customer service team via our Contact Us  page detailing your order number and request for a furniture return collection. Please provide any details relevant to the reason for return.

Step 3 – Brown Thomas Arnotts will contact you to arrange a collection service and take payment for the applicable courier fee. The collection will be carried out by our Third Party Supplier from the delivery address.

Step 4 – The Third Party Supplier will assess the item to ensure the product is re-sellable and within the returns policy noted above. Please allow up to 5 days from the date of collection for this to be completed.

Step 5 – Your refund will be processed usually within 14 days from the date of collection.

Title in the products will pass to you once the price of the products you ordered from Brown Thomas Arnotts is paid in full.

​​​​​​​Once the products have been delivered to the delivery address you will be responsible for any loss or damage to the products except if such loss or damage was: (i) caused by the Third Party Supplier’s negligence; or (ii) due to a manufacturing defect or design fault.

Brown Thomas Arnotts will not be liable for any delay or failure in performing our obligations under this Agreement where that delay or failure results from any act, event, or accident beyond our reasonable control, such as war, threat of war, terrorism, sabotage, civil or military disturbance, fire, explosion, storm, flood, earthquake, or other natural disasters, pandemic, epidemic, strikes, lock-outs, or import or export embargoes, or the impossibility of us using railways, shipping, aircraft, motor transport or other means of public or private transport. If such circumstances arise, we will let you know in writing.

Brown Thomas Arnotts’ liability to you under or in connection with this Agreement shall be limited to the extent of losses (if any) that you suffer as a direct and natural result of our breach or our Third Party Supplier’s negligence.

​​​​​​​Brown Thomas Arnotts will not be responsible for any losses which arise as an indirect result of our breach or our Third Party Supplier’s negligence or otherwise in connection with this Agreement which would not have been contemplated by us at the time of your order.

​​​​​​​Furthermore, we do not accept responsibility to pay damages to you in respect of any loss of profit, revenue, opportunity or enjoyment.

​​​​​​​Brown Thomas Arnotts is not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

Nothing in this Agreement will affect your statutory rights or limit our liability for fraud, or for death or personal injury resulting from our negligence or the negligence of our Third Party Supplier’s employees, servants or agents.

Brown Thomas Arnotts will only use your personal information as set out in our Privacy Policy.

Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

​​​​​​​If a court finds part of this contract illegal, the rest of the contract will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any parts of them are unlawful, the remaining paragraphs will remain in full force and effect.

​​​​​​​Even if Brown Thomas Arnotts delays in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

​​These Terms are governed by Irish law and legal proceedings should be brought to the appropriate courts. You can bring legal proceedings in respect of the products in the Irish courts.