Terms of service

OVERVIEW
Welcome to Fortiva Furnishing! In these Terms of Service, the words "we", "us" and "our" refer to Fortiva Furnishing Ltd, a company registered in England and Wales (Company No. 17125242). We operate this store and website, including all related information, content, features, tools, products and services (the "Services"), to supply commercial-grade outdoor timber furniture to businesses, schools, councils, public bodies and other customers. Fortiva Furnishing is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. Nothing in these Terms affects your statutory rights as a consumer, which cannot be excluded or limited by contract.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are at least 18 years old (the age of majority in the United Kingdom), or that you are accessing the Services on behalf of a business, organisation or public body that you are authorised to represent and bind to these Terms.
To use the Services, including browsing our store or purchasing any of the products we offer, you may be asked to provide certain information, such as your name, email address, organisation, billing, payment and delivery details. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide it.
If you create an account, you are solely responsible for maintaining the security of your account credentials and for all activity that takes place under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
Our furniture is manufactured from FSC-certified, tanalised (pressure-treated) Scandinavian Redwood timber, and is supplied and dispatched directly by our manufacturing partner. Because timber is a natural material, grain, colour, knots and minor surface variation differ from piece to piece; these characteristics are a feature of natural wood and are not defects.
We have made every effort to provide an accurate representation of our products in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings. Beyond the natural variation described above, we do not warrant that the appearance of any product will be identical to how it is depicted online.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, organisation, region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. A contract is formed only when Fortiva Furnishing confirms acceptance of your order. We must receive and process your payment (or agree payment terms, in the case of an approved purchase order) before your order is accepted. Fortiva Furnishing reserves the right to accept or decline your order at its discretion. Please review your order carefully before submitting, as we may be unable to accommodate changes or cancellation requests once an order has been accepted and passed to our manufacturing partner for production or dispatch. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.
Business and consumer customers: Our Services are aimed primarily at businesses, schools, councils and other organisations, but are also available to consumers. If you are buying as a consumer (that is, wholly or mainly outside your trade, business, craft or profession), you have additional statutory rights, including cancellation rights under the Consumer Contracts Regulations 2013. If you are buying for business purposes, those consumer cancellation rights do not apply, and returns are governed solely by our Refund Policy and any purchase-order or quotation terms we agree with you.
All returns, cancellations and refunds are handled in accordance with our Refund Policy, which forms part of these Terms.

SECTION 4 - PRICES AND BILLING
All prices are in pounds sterling (GBP). Where applicable, VAT is charged at the prevailing rate; prices are shown either inclusive or exclusive of VAT as indicated at the point of sale, and a valid VAT invoice will be provided for qualifying orders. Unless otherwise expressly stated, posted prices do not include delivery, which is calculated or quoted separately.
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation. We may offer, from time to time, promotions that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern for that promotion.
You agree to provide current, complete and accurate payment and billing information for all purchases, and to promptly update that information so that we can complete your transactions and contact you as needed. You represent and warrant that you are duly authorised to use the payment method you provide and that you will pay all charges incurred at the posted prices, including delivery charges and all applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY
Products are dispatched directly from our manufacturing partner, typically by kerbside pallet delivery to mainland UK addresses. It is your responsibility to ensure the delivery vehicle can safely access the delivery site; where access is restricted, please contact us before ordering. Deliveries to the Scottish Highlands and Islands, Northern Ireland, the Isle of Man and the Channel Islands may be subject to additional charges and are arranged on request.
All delivery times and lead times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, adverse weather, or other events outside our reasonable control, but we will keep you informed and work to resolve any delay.
Please inspect your delivery on arrival. If goods arrive damaged, incomplete or incorrect, note this on the delivery paperwork where possible and report it to us with photographs within 5 working days of delivery, so that we can arrange a remedy. Reporting timescales and the remedies available are set out in full in our Refund Policy.
For consumers, risk of loss or damage to the goods passes to you when the goods come into your physical possession on delivery. For business customers, risk passes on delivery to the address you specify. Title to the goods passes to you once we have received payment in full.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product photography, video, and audio, and the design, selection, and arrangement thereof, are owned by Fortiva Furnishing Ltd, its affiliates or licensors and are protected by UK and international copyright, trademark and other intellectual property laws.
You may use the Services to browse and to purchase products for your own or your organisation's use. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Services (other than transient copies necessary to use the Services normally) without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of Fortiva Furnishing, Shopify or any third party. All rights not expressly granted herein are reserved by Fortiva Furnishing.
"Fortiva" and "Fortiva Furnishing", together with our logos, product names, designs, and slogans, are trademarks of Fortiva Furnishing Ltd or its affiliates or licensors. You must not use such trademarks without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to third-party tools as part of the Services, which we neither monitor nor have any control nor input over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Fortiva Furnishing is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Fortiva Furnishing Ltd. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Fortiva Furnishing, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Fortiva Furnishing.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this licence to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or which violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right, will not contain libellous or otherwise unlawful, abusive or obscene material, and will not contain any computer virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, delivery charges, lead times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). If we cancel an order for which you have already paid, we will refund the amount paid for that order.

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to breach any applicable law or regulation; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person; (e) to transmit false or misleading information; (f) to send, or procure the sending of, any unsolicited advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (g) to impersonate or attempt to impersonate any other person or entity; or (h) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Fortiva Furnishing, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services except as expressly permitted; or (f) interfere with, bypass, or circumvent the security or authorisation features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your access at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behaviour and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
Nothing in this section or these Terms affects your statutory rights. If you are a consumer, you have legal rights in relation to goods that are faulty, not as described, or not of satisfactory quality or fit for purpose, under the Consumer Rights Act 2015 and other applicable law. Those rights cannot be excluded or limited, and this section applies only to the extent permitted by law.
In addition to your statutory rights, and as a gesture of confidence in our products, Fortiva Furnishing provides its own 12-month goodwill guarantee against manufacturing defects, as set out in our Refund Policy. This goodwill guarantee is provided by Fortiva Furnishing Ltd; it is not a manufacturer's warranty and does not reduce or replace your statutory rights.
Subject to the paragraphs above, the information presented on or through the Services is made available solely for general information purposes, and we do not warrant its accuracy, completeness or usefulness; any reliance you place on such information is strictly at your own risk. To the fullest extent permitted by law, and except as expressly stated by Fortiva Furnishing or required by law, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any further representation, warranties or conditions of any kind, either express or implied. We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.

SECTION 17 - LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of the statutory rights of consumers in relation to goods; and for any other liability that cannot be excluded or limited under applicable law.
Subject to the paragraph above, and to the fullest extent permitted by law: we will not be liable for any loss of profit, loss of revenue, loss of savings, loss of data or business, or for any indirect or consequential loss, arising from your use of any of the Services or any products procured using the Services; and our total liability to you for any claim arising out of or in connection with an order will not exceed the amount you paid for the product giving rise to the claim.
This section does not affect the rights or remedies available to you as a consumer under applicable law.

SECTION 18 - INDEMNIFICATION
To the extent permitted by law, you agree to indemnify, defend and hold harmless Fortiva Furnishing, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal costs, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. This clause is not intended to require a consumer to indemnify us beyond what is fair and permitted under applicable consumer-protection law. We will notify you of any indemnifiable claim, and you will cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT; THIRD-PARTY RIGHTS
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Except for Shopify's rights under the "Relationship with Shopify" section, a person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of their provisions.

SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent, provided this does not adversely affect your rights under them.

SECTION 22 - GOVERNING LAW
These Terms of Service, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), are governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction, except that if you are a consumer resident in Scotland or Northern Ireland, you may also bring proceedings in the courts of the part of the UK in which you live.

SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@fortivafurnishing.co.uk.
Our contact information is posted below:
Fortiva Furnishing Ltd
info@fortivafurnishing.co.uk
0191 323 4508
Company Registration No. 17125242
VAT Registration No. 516725879