Terms of service

These terms and conditions, together with any documents referred to in them, set out the basis on which we, Nova Phoenix Limited trading as Blackwood & Rose ('Blackwood & Rose', 'we', 'us'), supply goods to you ('the Customer', 'you'). They apply to the purchase of goods listed on blackwoodandrose.com. Please read them carefully before placing your order. By purchasing goods from our site, you agree to be bound by these terms.

These terms tell you who we are, how we provide goods to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. We will email you confirmation of your order and these terms after you place it, and you can find these terms on our site at any time - we recommend you keep a copy. We will give your order a reference number when we accept it; please quote it whenever you contact us.

Terms of website use

These terms also govern your use of blackwoodandrose.com, whether as a guest or registered user. By using the site you accept these terms and agree to abide by them; if you do not agree, please do not use the site. Access is permitted on a temporary basis and we may withdraw or amend the service without notice, and will not be liable if the site is unavailable at any time. If you have a user identification code or password, keep it confidential; we may disable any code or password at any time if, in our opinion, you have failed to comply with these terms. You are responsible for the arrangements needed to access the site and for ensuring anyone using your connection complies with these terms.

1. Information about us

1.1 blackwoodandrose.com is operated by Nova Phoenix Limited, trading as Blackwood & Rose, registered in England and Wales under company number [INSERT COMPANY NUMBER]. Our registered office is at Brook House, Moss Grove, Kingswinford, England, DY6 9HS. We are registered for VAT in the United Kingdom; all prices shown include VAT at the applicable rate.

2. Definitions

'Customer' ('you') means the person who buys or agrees to buy the goods from us. 'Conditions' means these terms and any special terms agreed in writing by us. 'Delivery date' means the date we specify for delivery. 'Price' means the price of the goods, including carriage and packing. 'Goods' means the products specified in your order. 'Consumer' has the meaning given in section 2(3) of the Consumer Rights Act 2015. 'Writing' includes email.

3. Orders

3.1 Nothing in these conditions affects your statutory rights as a consumer.

3.2 We will sell, and you will purchase, the goods in accordance with any order you place (including via our online ordering service) that we accept, subject to these conditions, which govern the contract to the exclusion of any other terms.

3.3 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, order acceptance, invoice or other document may be corrected without liability on our part.

3.4 No statement, description, warranty, condition or recommendation made verbally or in any catalogue, price list or advertisement shall enlarge, vary or override these conditions.

3.5 You agree to pay for any loss or extra cost we incur through your instructions, lack of instructions, or failure or delay in taking delivery. If no one is available to receive the goods, we will contact you or leave a note on how to rearrange delivery. If you do not rearrange a failed delivery, we may charge reasonable storage and redelivery costs; if, despite reasonable efforts, we cannot contact you or rearrange delivery, we may end the contract and refund money paid in advance for goods not provided, less reasonable compensation for net costs we incur.

3.6 We may withdraw any quotation and may cancel any order if we are unable to supply the goods.

3.7 Any payment for an order we cannot fulfil will be refunded as soon as possible, and in any case within 30 days of us notifying you of the cancellation. We are not obliged to offer compensation for disappointment.

4. Risk and title

4.1 Risk of damage to or loss of the goods passes to you on delivery to your chosen address.

4.2 Title in the goods does not pass to you until we have received payment in full.

4.3 You may not pledge or charge the goods as security while they remain our property; if you do, all sums you owe us become immediately payable.

5. Price and payment

5.1 The price is that shown in our published price list current at the date of your order. If our costs increase (for example raw materials, labour, overheads, taxes, duties, or exchange-rate variation), we may increase the price on reasonable notice, and you may then cancel and receive back any sums paid, provided you notify us in writing within 14 days of the price-increase notice.

5.2 Payment is due at the date of order. If you do not pay, we may suspend delivery of those or any further goods until payment is made in full.

5.3 When you place an order we send an order confirmation by email; this is our acceptance, at which point a contract comes into existence between you and us, subject to these terms.

5.4 It is possible that some goods may be incorrectly priced. We normally verify prices as part of dispatch: where the correct price is lower, we charge the lower amount; where it is higher, we will either contact you for instructions or reject the order and notify you. We are under no obligation to supply at an incorrect lower price and may cancel and refund.

5.5 If we cannot accept your order we will tell you in writing and will not charge you, or will refund any payment taken - for example if the product is out of stock, there is an error in price or description, or we cannot meet a delivery deadline you specified.

5.6 Payment for all goods is by the methods offered at checkout, including major credit and debit cards and accelerated checkout options such as Shop Pay, Apple Pay and Google Pay. Payment in full is required before dispatch.

5.7 If you request delivery to an address other than the billing address, we may, in line with our payment-screening guidelines, request additional documentary evidence before dispatch and are not obliged to deliver to an alternative address.

6. Goods

6.1 The quantity and description of the goods are as set out in your order.

6.2 We may make changes to the specification of the goods that do not materially affect their quality or performance, where required to conform with applicable statutory requirements.

6.3 Dimensions, where specified, are supplied by the manufacturer and shown in good faith; they are approximate and for guidance only. If accurate dimensions are important, please contact us before ordering and we will make further enquiries on your behalf.

6.4 Photographs are for illustration only; shades may appear slightly different between browsers and between batches of materials.

6.5 Products may vary slightly from their images. Although we make every effort to display colours accurately, we cannot guarantee that a device displays them accurately.

7. Delivery

7.1 Delivery costs are as displayed on our site. Where a remote-area surcharge applies, our system may not add it automatically; please contact us before ordering to confirm whether we can deliver to your postcode and the cost.

7.2 During the order process we will tell you when we expect to provide the goods. Your estimated delivery window is shown in your order summary, or we will contact you with an estimate, which will be within 30 days of the day we accept your order unless otherwise agreed.

7.3 Goods are dispatched directly from our suppliers and delivered by their nominated carrier to the address you specify when ordering. Generally, where an order contains more than one item, all items are delivered together once all are available.

7.4 We may accept special delivery instructions when you order. By giving these instructions you accept responsibility for the delivery and understand that no claim can be made against the carrier or Blackwood & Rose for missing, stolen or damaged items left in accordance with those instructions.

7.5 We will send an order confirmation by email. Estimated dispatch and delivery timescales are shown on each product page and vary by item. We will make reasonable efforts to keep you updated of any changes or stock-availability delays.

7.6 We will use reasonable endeavours to meet any agreed delivery date. You have legal rights if we deliver late. If we miss a delivery deadline you may treat the contract as ended if (a) we have refused to deliver, (b) delivery within the deadline was essential, or (c) you told us in writing before we accepted your order that delivery within the deadline was essential.

7.7 If you end the contract for late delivery, you may cancel the order or reject delivered goods (or part, unless splitting significantly reduces value), and we will refund sums paid for the cancelled goods and their delivery. If goods have been delivered, you must return them or allow us to collect them.

7.8 If goods are delivered into your property, it is your responsibility to protect carpets, floors, fixtures, fittings and furniture and to remove valuable or delicate items from the area. We are not responsible for pre-existing faults, or for damage occurring during delivery or assembly that is beyond our reasonable control.

7.9 Orders to mainland GB addresses are delivered free, with excepted postcodes (see our Shipping policy, which forms part of these terms). Deliveries to excepted postcodes attract a charge and may take longer.

7.10 Excepted postcodes: AB30-AB99, IV6-IV99, KW, PA20-PA80, PH15-PH50, PO30-PO41. Our system will not add this surcharge automatically; we will notify you of the charge when your order is placed and seek your approval before proceeding. To check the charge or lead time before ordering, email your postcode to hello@blackwoodandrose.com.

7.11 For delivery to the Republic of Ireland, Northern Ireland, the Isle of Man, the Isle of Wight, the Scottish Islands and the Channel Islands, we will deliver to a nominated mainland GB address (for example a shipping port). Risk and responsibility for onward transport rest with you, and we recommend you obtain insurance for transit damage. We are unable to inspect goods before dispatch to a UK shipping port for offshore delivery and are not responsible for transit damage beyond that point.

7.12 Larger items are delivered by the supplier's nominated delivery service. You will be contacted to agree a convenient time before delivery. Where a delivery slot has been agreed but you are not present, a redelivery charge of GBP 40 may apply.

7.13 Please check external and internal access to the room where furniture is to be placed; narrow or spiral staircases and low ceilings may prevent access for large items. Please check the item dimensions shown on each product page against your access. We may charge GBP 40 towards the cost of a failed delivery due to access issues, which may be deducted from any refund if you cancel.

7.14 Our Shipping policy should be read carefully as it forms part of these terms.

8. Acceptance of the goods

8.1 Other than bespoke goods, you are deemed to have accepted the goods 14 days after delivery, in line with the Consumer Contracts Regulations 2013. You may cancel at any time between placing your order and 14 days after delivery; if you are dissatisfied, contact us within 14 days of delivery to arrange collection or return of the unassembled goods.

8.2 This does not apply to bespoke goods, goods made to your specification, sealed goods unsuitable for return for hygiene reasons once unsealed, or goods that have been assembled.

8.3 You must tell us in writing (letter or email) if you wish to cancel - a phone call alone is not sufficient. Please email hello@blackwoodandrose.com as soon as possible. We cannot accept cancellation after the 14-day period has expired.

8.4 On delivery, please check all packaging before signing. Note any visible damage as 'damaged/unchecked' on the delivery paperwork before the driver leaves; a photograph helps us resolve any issue quickly if you later find damage on unpacking.

9. Returns and cancellations

9.1 Under the Consumer Rights Act 2015, the goods we sell must be of satisfactory quality, fit for purpose and as described. Please inspect goods on delivery and notify us within 30 days if they arrive damaged or faulty; faulty goods will be replaced at no additional cost. Please examine items before assembling. If goods arrive faulty, contact hello@blackwoodandrose.com.

9.2 If goods are faulty or do not conform, you have a short-term right to reject them and obtain a refund within 30 days of delivery. Please support claims with photos where possible. You are responsible for ensuring faulty items are ready for collection once a return or exchange is agreed. Faulty goods should be returned in their original condition and packaging, and we will bear the cost of return. Returned goods may be inspected; if found not to be faulty, you may be responsible for the collection and inspection costs.

9.3 Please take reasonable care of the goods - we may make deductions from a refund to reflect any loss in value.

9.4 We will refund money paid, provided we receive the goods in their original condition and packaging, usually using the same method you paid with, within 14 days of receiving the cancelled goods. If items are not returned in their original packaging, a repackaging charge of GBP 30 per item may be deducted. If items are marked or damaged, restocking, repair or cleaning charges may be deducted. For multi-item orders with a volume-based discount, we will recalculate the discount on the retained items when working out your refund.

9.5 For unwanted items, you are responsible for the return collection or postage cost, in line with the Consumer Contracts Regulations 2013 and the Consumer Rights Act 2015. Returned goods should be adequately insured in transit and returned unmarked, unused and in their original packaging. If our carrier is collecting and you no longer have the original packaging, please tell us in advance; a repackaging charge of GBP 30 per item applies. If items are not in their original packaging and you have not told us before collection, they will not be collected and a charge of up to GBP 60 may apply.

9.6 Goods that are customised or made to your specification are classed as bespoke and cannot be cancelled or returned unless faulty, in line with the Consumer Rights Act 2015. Items sold on this basis are indicated on the product page. For hygiene reasons, mattresses cannot be returned once unpacked. Subject to our discretion, cancellation or return of bespoke items incurs a 50% cancellation/returns fee unless cancelled within 7 days of placing the order; delivery charges paid are not refunded in this case.

9.7 Where self-assembly or part/full assembly has taken place, goods cannot be returned or exchanged; please check items fully before assembling.

9.8 If an item develops a fault within 6 months, please contact us to discuss the options. If we agree to a repair or replacement and the fault is a manufacturing fault, we will exchange the item or arrange a technician at the GB delivery address (or a location no further away if you have moved).

9.9 If a fault is reported after 6 months, you keep your legal rights. Unless stated otherwise, products carry a 12-month manufacturer's warranty; after 6 months it is for you to show the fault was not caused by wear and tear or misuse.

9.10 Our Return and refund policy should be read carefully as it forms part of these terms.

10. Warranties and liability

10.1 Our liability for losses you suffer as a result of us breaking this contract is limited to the purchase price of the product and any foreseeable losses.

10.2 We do not exclude or limit liability where it would be unlawful to do so, including for death or personal injury caused by our negligence, for fraud, for breach of your statutory rights, or for defective products under the Consumer Protection Act 1987.

10.3 We supply products for domestic and private use only. If you use them for any commercial purpose, we have no liability for loss of profit, business, business interruption or business opportunity.

10.4 We are not responsible for delays outside our control; if delivery is delayed by such an event we will contact you and take reasonable steps to minimise the delay, and you may end the contract and receive a refund for products paid for but not received if there is a risk of substantial delay.

10.5 Insofar as permitted by law, our only liability to you is, at our discretion, to make good any shortage or non-delivery, replace or repair damaged or defective goods, or refund sums paid for the goods in question. Nothing in this clause affects your statutory rights.

11. Written communications

Applicable laws require that some information we send you should be in writing. By using our site you accept that communication with us will be mainly electronic; we will contact you by email or by posting notices on our site, and you agree that this satisfies any legal requirement that communications be in writing. This does not affect your statutory rights.

12. Notices

All notices you give us must be sent to Nova Phoenix Limited at Brook House, Moss Grove, Kingswinford, England, DY6 9HS or hello@blackwoodandrose.com. We may give notice to you at the email or postal address you provide when ordering. Notice is deemed received 24 hours after an email is sent, or three days after posting a letter.

13. Transfer of rights and obligations

13.1 We may transfer our rights and obligations under these terms to another organisation; we will tell you in writing and this will not affect your rights. If you are unhappy with the transfer, you may end the contract within 14 days and we will refund any payments made in advance for products not provided.

13.2 You may only transfer your rights or obligations to another person if we agree in writing, though you may transfer your statutory rights to a person who has acquired the product (we may require reasonable evidence of ownership).

13.3 This contract is between you and us. No other person has any rights to enforce its terms.

13.4 You may not transfer, assign, charge or otherwise dispose of a contract or any rights or obligations under it without our prior written consent.

13.5 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract or any of our rights or obligations under it at any time.

13.6 Nothing in this clause affects your statutory rights.

14. Events outside our control

14.1 We will not be liable for any failure or delay in performing our obligations caused by events outside our reasonable control (a Force Majeure Event).

14.2 A Force Majeure Event includes, without limitation: strikes or industrial action; civil commotion, riot, invasion, terrorist attack, war or threat of war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of transport networks; impossibility of the use of telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.

14.3 Our performance is suspended for the period the Force Majeure Event continues, and we will have an extension of time. If there is a risk of substantial delay, you may end the contract and receive a refund for products paid for but not received.

15. Waiver

If we fail to insist on strict performance of any of your obligations, or fail to exercise any right or remedy, this does not waive that right or remedy or relieve you from compliance. A waiver of any default does not waive any subsequent default. No waiver is effective unless expressly stated and communicated to you in writing.

16. Severability

If any provision of these terms or a contract is found invalid, unlawful or unenforceable, it will to that extent be severed and the remaining provisions will continue in full force.

17. Entire agreement

These terms, and any document expressly referred to in them, are the entire agreement between us in relation to their subject matter and supersede any prior agreement. Neither of us has relied on any representation not expressly stated in these terms, and neither has a remedy for any untrue statement made before the contract unless made fraudulently.

18. Complaints

If you are unhappy with the outcome after we have provided a final response to a complaint, you may be able to refer it to an approved alternative dispute resolution (ADR) provider; details of the relevant provider will be included in our final response. You will need to refer your complaint within 12 months of our final response.

19. Care, inspection and handling of goods

Wood exhibits natural variations in colour, tone and grain, both within a piece and between items from the same range, and changes colour as it ages; this is a feature of the material, not a fault. Wooden furniture may crack or split as the timber settles - more common with waxed furniture - and will swell in damp conditions and shrink in hot, dry conditions; change room temperature gradually as the seasons change. We advise against placing wooden furniture directly over underfloor heating, close to radiators, or in direct sunlight or a conservatory. Waxed furniture needs regular wax treatment and may show shiny marks where the wax has rubbed; this is natural. No wooden goods are stain or heat resistant, though a lacquered finish offers slightly better protection. No refund is payable for damage caused by mishandling or misuse, and we are not responsible for damage arising from moving furniture to a different location after delivery.

Distressed furniture: 'distressed' finishes deliberately display imperfections such as flaking or incomplete paintwork, marks, splits or cracks, to create a worn or aged appearance. Painted furniture: natural inconsistencies in the absorbency of wood mean some colour variation is unavoidable, and finishes may appear different online due to lighting and image editing.

20. Insolvency

If you make any voluntary arrangement with your creditors, become subject to an administration order, become bankrupt or go into liquidation, or if a receiver is appointed over your assets, then without prejudice to any other remedy we may cancel the contract or suspend further deliveries without liability; if goods have been delivered but not paid for, the price becomes immediately payable.

21. Headings

Headings are for reference only and do not affect the interpretation of these conditions.

22. Our right to vary these terms

We may amend these conditions from time to time; please check this page periodically. If we revise these conditions as they apply to you, we will give you reasonable advance notice and let you know how to cancel the contract if you are not happy with the changes.

23. Intellectual property

We are the owner or licensee of all intellectual property rights in our site and its content, which are protected by copyright laws. You may print or download extracts for your personal, non-commercial use, but must not modify them or use any illustrations, photographs or graphics separately from their accompanying text, and must not use any part of the site for commercial purposes without our licence. Our status as authors of the content must always be acknowledged.

24. Reliance on information posted

Commentary and materials on our site are not advice you should rely on, and we disclaim all liability for reliance placed on them by any visitor.

25. Our site changes regularly

We aim to update our site regularly and may change content at any time. We may suspend or close the site, and any material may be out of date at any time; we are under no obligation to update it.

26. Information about you and your visits

We process information about you in accordance with our Privacy Policy. By using our site you consent to that processing and confirm that the data you provide is accurate.

27. Transactions concluded through our site

Contracts for the supply of goods formed through our site are governed by these terms.

28. Viruses, hacking and other offences

You must not misuse our site by introducing viruses or other malicious material, or attempt to gain unauthorised access to our site or any connected server or database. Doing so would be a criminal offence under the Computer Misuse Act 1990, which we would report to the relevant authorities. We are not liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material arising from your use of the site.

29. Linking to our site

You may link to our home page provided you do so fairly and legally and do not damage our reputation or suggest any association or endorsement where none exists. You must not link from a site you do not own, frame our site, or link to any page other than the home page. We may withdraw linking permission at any time.

30. Links from our site

Where our site links to other sites and resources provided by third parties, these are for your information only; we have no control over their contents and accept no responsibility for them or any loss arising from your use of them.

31. How we use your personal information

We will use the personal information you provide to supply the products to you, to process your payment, and - if you agreed during the order process - to tell you about similar products (you may opt out at any time). We will only give your information to third parties where the law requires or allows.

32. Jurisdiction and applicable law

These terms are governed by English law. You can bring legal proceedings in the English courts. If you live in Scotland you can bring proceedings in the Scottish or English courts; if you live in Northern Ireland, in the Northern Irish or English courts.