Terms & Conditions of Use

1. Introduction

1.1 This website (www.cielohome.co.uk), related mobile-sites and software applications (hereinafter referred to as the ‘website’) is operated by Jackalberry Enterprises Limited , trading as Cielo (hereinafter referred to as ‘us’, ‘we’, ‘our’ ‘Cielo’, and/or ‘the supplier’), a retailer of furniture, homeware and decor products.

1.2 The disclaimers, policies and terms and conditions on this page (hereinafter referred to as ‘terms’ and/or ‘conditions’) shall govern the order, sale and/or delivery of goods or services from Cielo as well as the use of this website by any customer or person (hereinafter referred to as ‘you’, ‘your’, ‘user’, ‘customer’).

1.3 Any personal information or data collected when using this website whether, by communication, purchase invoicing or customer enquiry shall be utilised for customer service, internal market research or direct marketing. This information shall not be shared with third parties except as far as it relates to customer service and delivery. For more information on the use of personal data, please refer to our ‘User Data Policy’ available on our website.
1.4 The terms apply to all users/customers/visitors of the website.
1.5 If you access and use this website, you accept and agree to be bound by and comply with the terms and conditions. If you do not agree to the terms and conditions contained herein, you are not authorised to access our website, use any of our website’s services or place an order on our website.
1.6 The customer shall be responsible for providing us with error-free order data and complete contact information.

2. Waiver

2.1 Any failure on our part to exercise or enforce any right or provision of any of our terms and conditions set out will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
   
3. Severability

3.1 If any of the provisions of our terms or condition are determined by any competent authority to be invalid, unlawful, or unenforceable, such provision will to that extent be severed from the remaining terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
   
4. Variation

4.1 Cielo may, at its sole discretion, change or amend any of these terms, conditions or policies without notification and it is the user's responsibility to ensure that they are satisfied with the terms and any amendments that may have been affected.

4.2 Using the website after any amendments have been made shall deem your acceptance of such changes. Should you not agree with any of the terms or amendments made you should not proceed to transact with us.
   
5. Errors, Omissions and Product Descriptions

5.1 While all reasonable effort is made to provide accurate information about products (including pricing, availability, features, and descriptions), we do not accept liability and shall not be held liable for any loss or claim as a result of such error or inaccuracy. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice, including after an order has been submitted in which case, where the correction is significant, we will take all reasonable effort to inform affected customers.

5.2 Product descriptions are for marketing purposes only and are presented in a simple easy-to-understand format. Product descriptions on this website are by no means exhaustive technical specifications. Some descriptive terms may be used in a broad sense or for specific purposes only.

5.3 Colour Descriptions: Descriptions and depictions of colour may not be 100% accurate. Some colours, especially earthy tones are especially difficult to accurately describe and/or depict. Colour descriptions pertain to colour only, and does not describe the actual materials (e.g., wooden items described as ‘mahogany’ in colour does not infer the wood type is mahogany).

5.4 Materials: Where a product description describes a product to be manufactured from a specific material such as ‘solid wood’ or ‘aluminium,’ this only refers to the most notable aspect of the product and does not necessarily imply that every part of the product is manufactured from this material. The same shall apply to other materials. 

6. Pricing & Stock

6.1 All prices advertised on our website includes VAT of 20%.

6.2 Prices published on the website applies to in-stock products only. In the event where a specific product may be sold out, and a customer places an order or enquiry before a price, specification or promotion could be updated, we will first inform the customer of any changes before processing the order. Should this not be accepted by the customer we reserve the right to cancel the order or any part thereof.

6.3 While most items listed on this website are in-stock, there may be occasions where items are temporarily out of stock, or where a waiting period applies due to a product having to be custom made.

7. Delivery and Inspection of Goods

7.1 Prices advertised on this website shall exclude delivery charges unless otherwise specified.

7.2 No orders shall be dispatched until payment has cleared in our account.

7.3 Depending on the size of the order and the exact delivery location, our standard delivery period is approximately  7-10 working days. Deliveries to remote or far outlying areas not regularly serviced by our contracted services providers may take longer than our standard delivery time frame. Longer delivery periods may also apply to orders placed during or leading up to Black Friday and Festive season trading (15 November to 31 December). Delivery timelines for this period shall be published on the website and/or communicated by sales consultants during such periods. Cielo shall not accept any liability for any claims resulting from any losses or damages as a result of a delayed delivery of any order or part of an order.

7.4 Delivery timelines on pre-order items might exceed 30-days.  Estimated timelines will be indicated on the website.  By placing an order for a pre-order item, you agree to accept the extended timelines.

7.5 Deliveries shall be done on weekdays during the courier/transporter’s standard daytime service hours. After hour deliveries shall be subject to surcharges. In the event where goods have been shipped out via a third-party delivery service provider, and a reasonable number of delivery arrangements and/or attempts are proven to be unsuccessful due to customer not responding, unreachable or not cooperating, goods will be returned to our warehouse and you may be held liable for the return transport costs incurred, and/or, and/or storage fees.

7.6 Delivery fees include delivery to most towns and cities within the borders of Mainland UK. In some cases, couriers may require a surcharge to deliver to areas considered to be remote or high-risk within Mainland UK. Deliveries to outlying areas such as farms or small towns may also be subject to additional charges. Should this be the case, the customer shall be contacted to discuss surcharges or alternative delivery options. Should an agreement not be reached between us and the customer, we reserve the right to cancel the order and refund the customer in full.

7.7 It shall be the customer’s responsibility to properly inspect delivered goods. If packaging shows visible damages, it is advised to make a clear note of such damages on the waybill when signing for the goods.

7.8 Due to size and nature, some products may be supplied and delivered in a knocked down/flat pack format and require self-assembly. Under the product specifications section for each item listed on the website the assembly requirements of each product are listed and classified as either being delivered assembled, or alternatively requiring partial or full assembly.

7.9 Customers should ensure that the correct number of cartons as indicated on the waybill is received before signing the waybill. The number of cartons may not correspond to the number of items you have purchased as more than one item may be packaged in a single carton. The number of packages/cartons/pieces as indicated on the waybill should be verified by the customer or his/her representative before signing receipt of the goods. Customers should never sign as having received more packages as what was delivered as this could jeopardise any claim the customer may have related to short delivery of goods ordered.

7.10 Delivery is only guaranteed to be delivered to the delivery address supplied by the customer. Verification of the identity of the person receiving goods may not always be done by the transporter. Individuals accepting the goods at the delivery address on the date of delivery shall be considered authorised by the customer to receive delivery on their behalf and shall also be responsible to perform the duties of checking for damages or shortages as per clauses 7.7 and 7.9 above.

7.11 Any discrepancies, damages or shortages on any delivery, including erroneous delivery, must be reported to us within a reasonable period, preferably within 48 hours from time of delivery, by submitting an after sales enquiry online (link located at the bottom of the website). If the report was successfully submitted, an automated message shall be sent to the customer which shall serve as proof of submission.

7.12 Unless otherwise specified, delivery of orders shall be handled by contracted third-party delivery service providers. Delivery shall not include installation of products, clearing areas, re-arranging furniture, hoisting products over balconies or through windows, removing and refitting railings or doors or other barriers, or any other special service required by the customer. Should the delivery service provider or any of his employees agree to any of these or other services, this shall be strictly at the risk and cost of the customer and Cielo does not take any responsibility for any damages, losses or other claim resulting from these additional services.
   
8. Return Policy

8.1 Unless otherwise specified, all products purchased from Cielo come with a 14-day money-back satisfaction guarantee.   This guarantee shall be calculated from the delivery date of the goods.

8.2 Customers wanting to return any product must submit a notice of return through the Cielo website within 14 (fourteen) days of delivery.  Such a request can be submitted by using the ‘Log an Aftersales Enquiry’ link found at the bottom of the website.  

8.3 Delivery costs for products returned under the 14-day money-back guarantee shall be borne by the customer. Only the original delivery charges, up to the basic cost paid, will be refunded. Customers have the option to return the product via their own courier at their expense or request Cielo to arrange collection, with the full third-party collection fee deducted from the refund. Please note that the collection fee may differ from the subsidized original delivery charge.

8.4 All authorised returns under the provision of the 14-day money-back guarantee, must be returned by the customer within 14 days from notifying Cielo. If you have requested for Cielo to collect, the returns must be ready for collection by our transporters no later than three days from the date the customer notified Cielo. Should goods not be ready for collection by this time, the customer must ensure that the goods are returned within 14 days from the date the customer requested the return. If the customer requested that Cielo should collect the goods, and it is not ready for collection within three days from the date the customer notified Cielo, any wasted transport cost will be for the customer’s account.

8.5  Products must be returned in their original state and in the original packaging, allowing them to be resold as new. Where original packaging has been discarded and alternative packaging is used, it shall be the customer's responsibility to ensure the item is securely packaged, in the same manner as it was originally packaged, to avoid damage in transit. Our contracted third-party couriers do not offer packaging services and may refuse to accept products without adequate packaging. In the event where our transporters collect an item not packaged properly, or where they assisted the client with packaging, this shall be done at the customer’s own risk. To ensure the product is returned in its original state and packaging, or securely packaged in the same manner as it was originally packaged if the original packaging has been discarded, we require customers to provide photos of the product before and after it is packaged (covering all areas and angles). This is because Cielo will hold the customer liable for any damage to the product when received.

8.6 Products returned for refund shall be inspected thoroughly for damages or other discrepancies. Cielo reserves the right to levy reasonable and appropriate surcharges or handling fees to compensate for missing components or items returned not in good condition.  Cielo also reserves its right to deduct monies from refunds where goods show signs of unreasonable use leading to diminished value.  

8.7 Refunds may take up to 14 (fourteen) days from date of receipt of returned goods, subject to the return meeting the criteria for refund. Where Cielo has determined deductions or surcharges to be deducted from the refund, such amounts shall be communicated to the customer and only after agreement on the final refund amount has been reached will refunds be processed for payment.

8.8 Where payments were made by credit card, refunds will be made through a payment reversal into the credit card.  No refunds will be paid to third parties.  Cielo reserves its rights to request any proof of purchase, or any other documents it may deem necessary from the customer, before a refund is made.

9. Warranty

9.1 Warranty periods may differ from product to product, with some items having longer warranties. Unless a product description specifies a warranty, the following default warranty shall apply to all products:

9.1.1 Within 30 days from the date the customer took ownership, Cielo will refund any faulty, not fit for purpose or not as described goods;

9.1.2 Between 30 days to 12 (twelve) months after the customer took ownership, Cielo will repair or replace any faulty item, if Cielo are unable to prove that the fault was not present at the time of delivery;

9.1.3 If the attempt to replace or repair an item is proof to be unsuccessful, Cielo will refund the item, including the original basic delivery charges initially paid by the customer. Cielo also reserves its right to deduct monies from refunds where goods show signs of unreasonable use leading to diminished value;

9.2 We warrant that the products shall be of satisfactory quality, fit for purpose and as described.  Where appropriate, warranties shall be subject to the specific terms of the relevant manufacturer. Extended warranties shall only apply where an extended warranty was specifically purchased or agreed to by means of a formal signed letter by a duly authorised representative of Cielo.

9.3 This warranty only covers products within the borders of Mainland UK. Any product taken outside of Mainland UK must be returned to Mainland UK at the customer’s cost in the event of any warranty claims.

9.4 Product warranties extends to the original purchaser only and not transferrable with the sale or donation of the product to a third party.

9.5 Warranties shall only be valid where the product was used and maintained properly and shall not cover any defects, damages or claims arising from any misuse or abuse, external causes, failure on your part to follow any oral or written instructions as to storage, installation, use and maintenance of the goods, you repaired or altered the product without our written consent, or what can be considered fair wear and tear. Unless otherwise stated, no product shall be covered against any corrosion or damages caused by natural elements (i.e., rust, wind etc.). Warranty claims or returns of products shall not be processed where products are in an unhygienic state. Natural variation occurring in wood or other materials are not considered defects, neither does the manufacturer guarantee the colourfastness of any material. Natural products including but not limited to products such as leathers, feathers, wood and animal hides may have natural defects and subject to natural changes (e.g., full grain leathers will have inconsistent grains, cowhides may have hair loss etc.,). Warranties explicitly excludes any natural changes or natural decline to such products. We will also not be liable if you make further use of the goods after giving us written notice of your warranty claim.

9.6 Warranties extend to the purchased product only and shall not extend to product liability and shall not extend to consequential damages, indirect losses or damage of whatsoever nature, or costs involved in obtaining such a refund.

9.7 While some products may be suitable for commercial purposes, all products listed on this website is intended, priced and marketed for domestic use only. Unless otherwise stated in the product specifications or any product literature all furniture has a maximum recommended user weight of 120kg. Although higher weights may be supported, heavier user weights will accelerate wear and tear on the products and may cause damages to the product that will be excluded from any warranty claim and may even result in the warranty becoming null and void. In the event where items are used in commercial environments (unless agreed to otherwise in writing), the warranty shall be limited to a period of 12 (twelve) months from date of purchase.

9.8 Approved claims submitted in terms of 9.1.2, allows you the choice to either repair or exchange for warranty purposes. However, we reserve the right to refuse, if we can show that your choice is disproportionately expensive compared with the alternative, or it can be shown that it is impossible to provide it.  In the event where the item cannot be repaired, it may be exchanged with a replacement item that is identical, or where the exact same model or product is no longer available, with an item of similar value, or alternatively with in-store credit. Any approved exchange, credit or refund of a particular product shall apply to that product only and not any other products purchased from us at the same or at another time, regardless of whether the other items were purchased to match or compliment this product. Where an item was replaced or repaired under warranty, the balance of the original warranty period shall remain in place and the repaired or replaced product does not come with a new warranty.

9.9 Transport charges applicable for warranty repairs or exchanges submitted within 12 (twelve) months from the delivery date shall be borne by Cielo who shall appoint a transporter of its choice to effect collection and delivery charges. Customers shall not be compensated for transport arranged by themselves and not authorised by Cielo. Transport shall only be covered within the borders of Mainland UK.

9.10 Unless otherwise specified, products that were given as free gifts as part of a promotion (i.e., free pillows received with a mattress promotion), received in a competition or giveaway or where the product was bought as a shop-soiled or demo item shall be covered by a 12 (twelve) month limited warranty against any manufacturing defect unrelated to the condition it was sold in.

9.11 To the fullest extent permitted by law, we exclude all condition, warranties, representations or other terms which may apply to the website or any content on it, whether expressed or implied.

10. Competitions and Giveaways

10.1 Results for competitions and lucky draws shall be announced on Cielo ‘s Facebook and Instagram channel. In the event where, due to technical or other difficulties, we were unable to announce the winner on the published announcement date, Cielo reserves the right to announce the results within a period of up to 7 (seven) days thereafter.

10.2 Unless otherwise specified, winners shall not be contacted directly and as part of the conditions of entry, this is understood and agreed to by the entrant. The winners of all Cielo competitions and draws, unless otherwise stated, shall be published on Cielo’s Facebook and Instagram, and entrants should check these platforms for the results and claim its prize by following the instructions on the announcement. 

10.3 Prizes not claimed by winners within 30 (thirty) days of the results announcement, shall be forfeited without exception.

10.4 Entering a competition does not guarantee the entrant any prizes. Winners are randomly chosen and announced. Winners are final and entrants do not have the right to appeal the results. By entering into any of our competitions, the entrant agrees to these terms.

11. Vouchers

11.1.  Vouchers are issued in Cielo’s sole discretion, and we are entitled at any time to correct, cancel or reject a voucher for any reason.  Users do not have a right to Vouchers, and Vouchers cannot be earned.  Vouchers are issued under specific terms and conditions regulating when and how they may be used.

11.2.  Vouchers are only valid for a period of 6 (six) months from the date of issue, unless otherwise stipulated on the Voucher.  Vouchers can only be redeemed while they are valid, and their expiry dates cannot be extended.

11.3.  Vouchers are not transferable or assignable, and can only be used once,

11.4.  Vouchers cannot be exchanged or refunded for cash or credit, or be used against existing orders.  If an item is refunded, and the item was purchased with a voucher, the voucher discount or value will be subtracted from the refund received.

11.5.  Vouchers linked with promotions or similar campaigns, shall only be issued where the full advertised price has been paid.

11.6.  Discount offered and vouchers cannot apply to the same product.  If any discount was offered to the customer for a specific product, the linked coupon shall no longer apply to the product offered.

11.7. Cielo will not be responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a voucher, if it has delivered the voucher to the customer or the customer’s nominated email address.

12. Special Sales and Promotions (Including Black Friday)

12.1 All sales and promotions are valid while stocks last and subject to availability of allocated stock.

12.2 Sales and promotions shall only be valid for the period as advertised.

12.3 Unless otherwise stated, all prices exclude delivery fees. Delivery fees will be added as per normal upon checkout.

13. Images

13.1 All graphical images including product photos, logos, banners, sound or video clips, trademarks and trade names, lay-outs, icons or copy text displayed or incorporated in this website is the property of Jackalberry Enterprises Limited or the brands, associates, suppliers, or service providers it represents and is protected by law. Any unauthorised use, reproduction or distribution thereof is strictly prohibited and may only be done with the express written consent of Jackalberry Enterprises Limited..
   
14. Governing Law

14.1 Any disputes arising out of or relating to the terms and conditions, use of our website, or our products or services offered on our website will be resolved in accordance with English Law. Any disputes, actions or proceedings relating to the terms or your access to or use of our website must be brought before English Courts.

14.2 To the maximum extent legally permitted, our liability (whether for negligence, breach of contract, misrepresentation (except, if fraudulent), or otherwise, shall be limited in aggregate to the net payment to us from you for the product concerned, and in respect of any single occurrence or series.  We shall not under any circumstances be liable for incidental, indirect or consequential damages, or loss of income, revenue, business, contracts, data, goodwill or savings.
   
15. Country of domicile

15.1 Cielo chooses its domicilium citandi et executandi for all purposes under this agreement whether in respect of court process, notice, or other documents or communication of whatsoever nature, 175 Wokingham Road, Reading, Berkshire, RG6 1LT.
   
16. Company Information & Contact Details

16.1 This website is operated by Jackalberry Enterprises Limited, trading as Cielo, a company registered in England and Wales under registration number: 14692111.

16.2 Any questions, compliant or comments can be forwarded to [email protected].     

16.3 The VAT number for Jackalberry Enterprises Limited, is 447 9711 56.