Terms and Conditions

This web site is owned and maintained by Black and Milk Residential Ltd, a company registered in England and Wales under company number 8546034, whose registered office is at 14 David Mews London W1U 6EQ. By accessing or using the www.blackandmilk.co.uk web site, you agree to the terms, as outlined below. If you do not agree to these terms, please do not access or use this site.

Trading Terms

By placing an order to purchase goods you agree to be bound by these Terms all of which will form the basis of a legally binding contract between us and you if we accept your order. If you do not agree to be bound by these Terms you should not place your order.

We reserve the right to change, amend and/or update these Terms (including product information) at any time and any changes will be effective for orders placed after the change is published on our website therefore you should refer to the Terms available on our website or request a copy from our customers services team every time you place a new order.

1. Definitions

1.1 ‘Order’ means: The request for Goods to be made or supplied

1.2 ‘Payment’ means The receipt of cleared funds into our account

1.3 ‘Working day’ means Monday – Friday 9am – 5pm

1.4 ‘Delivery Partner’ means – any nominated courier or contractor

1.5 ‘Goods’ means the goods confirmed in your Order to be supplied to you by us.

2. Ordering

2.1 When you have found a Goods that you wish to buy at our website, simply select an option/finish, if applicable, check the quantity is correct and click on the ‘Add to basket’ button to add the Goods to your basket. (you will not have committed to buy at this stage).

2.2 You will have the opportunity to verify the Goods in your basket at any time by clicking the ‘Basket’ icon

2.3 You won’t have to buy the Goods in your basket and you can still amend your order at any point up until the “Confirm Payment” page. Should you wish to amend your selection, simply click on the ‘Basket’ where you will have the opportunity to remove or amend the quantity of the Goods selected.

3. Checkout and payment

3.1 If you are happy with the Goods that you have selected, please proceed by clicking on the “Checkout” in the basket. Here you can sign-up to create an account and go to Checkout page where you will need to enter your delivery address, billing address and contact details.

3.2 The ‘Confirm Your Order’ page will clearly show the total price of your Order including VAT and delivery. If you are satisfied that your Order is correct please confirm that you have read and understood our Terms and click the “Continue to payment” button. By confirming acceptance of our Terms and proceeding to payment you are authorising us to take payment of the full amount shown including any additional charges and delivery charges as detailed.

3.3 We will take Payment from you at the time you place your Order; however, taking Payment does not mean we have accepted your Order. In the event that we do not accept your Order a full refund will be given as soon as reasonably possible (and in any event within 14 days of us informing you that your Order has not been accepted).

3.4 Your Order constitutes a contractual offer by you to purchase the Goods from us in accordance with these Terms. You are responsible for ensuring that the contents of your Order are complete and accurate. Your Order shall only be deemed to be accepted by us when we have provided you with a written acceptance of your Order by email at which point the contract between us shall come into existence.

4. Goods Description

4.1 We make every effort to ensure colours appear as realistic as possible. However, due to the constraints of digital reproduction on different web browsers and devices, we cannot guarantee exact colour depiction. Please be aware that the actual colour you see on the screen may differ to those of your ordered Goods. Every care is taken to ensure descriptions and measurements are accurate, however slight variations may occur. Packaging may vary from that shown.

4.2 For all Goods made from natural materials, such as leather or wood, it is not possible to guarantee the Goods supplied will have the same colour, shade and pattern or finish as shown on the website, due to the inherent nature of such materials. Also, we cannot guarantee to match Goods exactly which have been ordered at different times.

4.3 For glass items, any imperfection is to be considered as a distinguishing feature of craftsman work, which makes each piece unique. Glass undergoes a thermal treatment that may cause some very slight imperfections.

4.4 For some plastic items bubbles and moulding marks are part of the production process and are not to be deemed defective in any way.

5. Pricing

5.1 All prices are quoted in British pounds sterling and are inclusive of Value Added Tax (VAT) and may or may not include delivery charges.

5.2 Whilst we try to ensure that prices shown at the time you place your Order are accurate, we reserve the right to make price adjustments if it is discovered that the price is incorrect or a particular item is no longer available at the price shown on your Order.

5.3 If the price for Goods you have placed an Order for is found to be incorrect we will contact you to inform you of the error at which point you will be offered the option of reconfirming your Order at the correct price or cancelling your Order for any incorrectly priced Goods with a full refund for those Goods.

6. Security of shopping

6.1 Data protection and privacy

6.1.1 The information we collect about you in order to process your Order will only be used lawfully in accordance with the Data Protection Act 1998. We will not wilfully disclose any confidential information without your prior permission and your details will not be passed onto a third party for their use in promotional purposes.

6.1.2 We will not share any of your information with parties outside our organisation except to the extent required by law, police, court order or as requested by other government or law enforcement authority.

6.1.3 Your personal details may only be disclosed to other reputable third parties only for the purpose of processing your Order. We require all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection or Consumer Legislation.

6.2 Payment Security Protection

6.2.1 All credit/debit card payments are processed through ePDQ payment system operated by Barclays Bank. We do not store your sensible payment information

7. Delivery

7.1 In most cases the email confirming your Order will state your chosen method of delivery and the estimated production time for the Goods ordered. Please note that unless the Goods are in stock, the production time of Goods is in addition to delivery time.

7.2 Once your order has been placed with us we will send you a confirmation email. If it is in stock an email containing the tracking number or courier details will be sent to you as soon as the goods have been dispatched. If the item is not in stock you will receive an email notification within 48 hours, along with the expected date of arrival. Closer to the time of arrival we will email you again with details of the expected delivery week at your address.

7.3 If you have any questions please get in touch with us on 020 3744 1121 or email us at mail@blackandmilk.co.uk

7.4 Standard UK delivery

7.4.1 Standard delivery offers delivery of the Goods to the door of the delivery address you provide to us when you place your Order

7.4.2 All Goods purchased that are in stock will typically be sent out to you within 1 to 2 working days of acceptance of your Order.

7.4.3 Standard delivery does not include assembly or unpacking. Occasionally the delivery company may require assistance unloading larger items.

7.5 Delivery and on-site installation

7.5.1 Delivery and onsite installation includes a delivery appointment, room of choice delivery, assembly, installation and removal of all packing materials. If you are interested in this service, please contact us on 020 3744 1121 or email mail@blackandmilk.co.uk for more information.

7.6 Delivery Process

7.6.1 You should be careful to check access to your property, as delivery is on the basis that you have checked the dimensions of each of the Goods ordered and you confirm that the Goods to be delivered will fit through all doorways, stairwells within the area of intended use. We recommend that you check the dimensions of access points to your home before ordering large items of furniture. You are responsible for determining that merchandise will fit through doorways, staircases, corridors and lifts. Dimensions for our products are listed with the product description.

7.6.2 If you need to amend the delivery address or time for delivery, please contact us as soon as possible as any changes made after the goods have been dispatched may be subject to an additional delivery charge up to the full amount originally paid for delivery.

7.6.3 Palletised items will be delivered to the front of the building only. The driver will not bring the pallets inside your home. This is because pallet delivery companies do not insure their drivers to enter private property and therefore, can only deliver to the ground floor and outside of the building.

7.6.4 Non-stock products can take between 4-12 weeks to arrive. Orders that are not in stock are put into production within 7 days of your order. Once the order is in production the order cannot be cancelled. Items that are in stock will take up to 10 days to arrive.

7.6.5 When the courier arrives you must check the goods in front of the driver and if damaged you must refuse delivery. Importantly, if the box is damaged in any way you must write 'Damaged Box' on the driver's consignment note before accepting the goods. This is insurance for you as well as us. If you do not do this, then you have agreed that the goods have arrived with you in perfect condition and we have no way of claiming for any damage from the courier company. In the event of the courier refusing you to inspect the goods you must always write damaged box on the consignment note this will enable you to send back the goods free of charge if the item is damaged. Please notify us immediately if the order has arrived damaged in any way, or if you have been refused inspection of the order.

7.7 Failure to deliver

7.7.1 We will not accept responsibility for Goods that are undeliverable due to insufficient access or for any reason that is not within our reasonable control (including your absence at the arranged time for delivery as notified by us or our delivery partner).

7.7.2 You agree to pay our reasonable costs associated with storage and redelivery due to the circumstances set out above.

7.7.3 Please note, once the Goods have been delivered to you, risk in the Goods passes to you and you will be liable for any subsequent damage or loss to the Goods.

8. Cancellations, Refunds and Returns

8.1 Amending your Order

8.1.1 If you would like to add Goods to an Order you have already placed, please place a new Order for these items.

8.1.2 If you need to change details of your delivery address or amend a delivery time, please contact us on 020 3744 1121 or by emailing to mail@blackandmilk.co.uk

8.2 Goods made to order

8.2.1 All Goods that are ‘made to order’ are clearly labelled as such on our website.

8.2.2 Goods that are clearly labelled ‘made to order’ are excluded from our standard cancellation policy and therefore we will not ordinarily be able to change such orders, make a refund or exchange any ‘made to order’ item and therefore you should only place your Order if you are sure that the item and finish is right for your needs. This does not affect your statutory rights.

8.2.3 Goods that are ‘made to order’ that are found to be damaged upon receipt or faulty should be returned via our standard damaged goods returns policy

8.3 Right to cancel, standard items

8.3.1 If you wish to return or exchange a standard item you must notify us within 7 days of receipt. Please put your notice of Return or Exchange in writing by email.

8.3.2 Please note that we do not offer a free returns service, you are required to organise and pay for the transportation any unwanted return yourself. We do not refund the original delivery charge paid.

8.3.3 The cancellation period will expire after 7 days from: In the case of an Order for single Goods on the day which you or a third party other than our standard carrier and as indicated by you acquires physical possession of the Goods; In the case of a contract relating to multiple Goods ordered in one Order and delivered separately, the day on which you acquire or a third party other than our standard carrier as indicated by you acquires physical possession of the last Goods to be delivered.

8.3.4 Before returning your purchase, please ensure the goods are in the same condition as they were originally sent. Unwanted items must be returned in a fully resalable condition, which includes being in the original, unmarked and undamaged packaging. Items must not have been used or assembled in any way. We do not accept responsibility for items lost or damaged in transit back to us. If returning you purchase by mail we recommend that you get proof of postage. We can refuse a refund on any item deemed not to be resalable.

8.3.5 To exercise your right to cancel, you must inform us of your decision to cancel by contacting us by email at mail@blackandmilk.co.uk or by telephone on 020 3744 1121.

8.3.6 To meet the cancellation deadline, it is sufficient for you to send your communication, confirming your exercise of the right to cancel before the cancellation period has expired.

8.4 Effects of cancellation

8.4.1 If you cancel your Order, we will reimburse the Payment received from you. We may make a deduction from the reimbursement paid to you for loss in the value of any Goods supplied, if the loss is as a result of unnecessary handling by you.

8.4.2 We will make the reimbursement without undue delay, and not later than:14 days after the date we receive back from you any Goods supplied; or 14 days after the day you provide evidence that you have returned the Goods; or If there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel your Order.

8.4.3 We will make the reimbursement using the same means of payment you used for the initial transaction.

8.5 Returns procedure for items that are non-damaged/faulty

8.5.1 Following receipt of your written notice confirming your right to cancel, the Goods must be returned unused, and in a fully resalable condition in their original packaging without undue delay and in all circumstances no later than 14 days after the day you have informed us of your decision to cancel. Please also provide your Order reference when returning Goods.

8.5.2 Where Goods are large or fragile we reserve the right to nominate a specialist furniture handler for return transit and pass the cost of delivery onto you.

8.5.3 If the Goods being returned are damaged in transit due to careless packaging by you, we reserve the right to deduct an amount for lost value from the amount refunded up to the full value of the Order. If you would like us to arrange collection of your Goods, please contact us on mail@blackandmilk.co.uk or by telephone on 0114 243 3000 for further information.

8.5.4 In all cases the Goods must be adequately packed and in the original packaging to prevent damage. You must write the original Order number clearly on the packaging.

8.6 Returns procedure for goods that are faulty / damaged or incorrectly supplied

8.6.1 If the Goods supplied are damaged / faulty or not as ordered please contact our customer services team for further advice as detailed above.

8.6.2 If you are returning your Goods because they are damaged / faulty or have been incorrectly supplied by us, no collection fee will be charged.

8.6.3 Any claim regarding damaged or defective goods then must be made in writing strictly within 48 hrs of delivery, supported with digital photographs.

8.7 Other cases.

8.7.1 We reserve the right to cancel the Order between us if we have insufficient stock to deliver the Goods in your Order; or we do not deliver to your area; or the manufacturer has discontinued the Goods ordered.

9. General

9.1 Force Majeure

9.1.1 We reserve the right to cancel, vary or suspend the operation of contracts of sales if events occur which are beyond our control including (and without prejudice to the generality of the foregoing) fire, floods, storm, plant breakdown, lock-outs, riots, industrial action which prevents entry to premises, hostilities, non-availability of materials or supplies or any event outside our control and we shall not be held liable for any breach of contract resulting from such an event.

9.2 Liability

9.2.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

9.2.2 If we are installing the Goods in your property, we will make good any damage to your property caused by us or our appointed third party installer in the course of the installation. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation.

9.2.3 We only supply the goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.2.4 We do not exclude or limit in any way our liability for:

9.2.5 death or personal injury caused by our negligence or the negligence of our employees, agents or third parties appointed by us;

9.2.6 fraud or fraudulent misrepresentation;

9.2.7 breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

9.2.8 breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and

9.2.9 Defective Goods under the Consumer Protection Act 1987.

9.3 Copyright Statement

9.3.1 This website is owned and operated by Black and Milk Residential Ltd.. All content including pictures, designs, logos, photographs, written and other materials on our website are copyrighted. All worldwide rights are reserved. Any reproduction in whole or in part of our website is strictly prohibited without our prior written permission.

9.3.2 Please be aware that each of the various trademarks, product names etc. represented on our website is the property of their individual owner-companies.

9.4 Notices

9.4.1 Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our contact address at:

Black and Milk 101 -103 Heath Street London NW3 6SS United Kingdom

9.5 Invalidity

9.5.1 If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected.

9.6 Governing law

9.6.1 These Terms are governed by English law; you agree to submit to the non-exclusive jurisdiction of the English courts in relation to any disputes arising under or in connection with these Terms or the contract between us.

9.7 Entire agreement

9.7.1 These Terms, together with our current website prices, delivery details, contact details and data protection and privacy policy, set out the whole of our agreement relating to the supply of the Goods to you by us.

10. Contact us

Customer Service: mail@blackandmilk.co.uk

Black and Milk Residential Ltd.
101-103 Heath Street

London
NW3 6SS
United Kingdom

Phone: 020 3744 1121

Company number 08546034
VAT number 164337605

Privacy Policy

We are committed to preserving the privacy of all visitors to our website at mail@blackandmilk.co.uk Please read the following privacy policy to understand how we use and protect the information that you provide to us.

By registering or placing an order on this website, you consent to the collection, use and transfer of your information under the terms of this policy.

1. Information that we collect from you

When you visit, register or order products or services on our website you may be asked to provide certain information about yourself including your name, contact details and credit or debit card information.

We may also collect information about your usage of our website as well as information about you from messages you post to the website and e-mails or letters you send to us.

To maintain customer service standards and to assist staff training, we may record and monitor incoming calls.

2. Use of your information

Your information will enable us to provide you with access to all parts of our website and to supply the goods or services you have requested. It will also enable us to bill you and to contact you where necessary concerning your orders. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business.

In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the website or our services. Further, where you have consented, we might also use your information to let you know by email about other products and services which we offer which may be of interest to you. If you change your mind about being contacted in the future, please let us know.

3. Disclosure of your information

The information you provide to us may be accessed by or given to third parties some of whom may be located outside the European Economic Area who act for us for the purposes set out in this policy or for other purposes approved by you. Those parties process information, fulfil and deliver orders, process credit card payments and provide support services on our behalf. We may also pass aggregate information on the usage of our website to third parties but this will not include information that can be used to identify you.

4. Cookies

Cookies are small amounts of information which we may store on your computer or mobile device.

5. Security and data retention

We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.

6. Changes to our privacy policy

Any changes to our privacy policy in the future will be posted to the website and, where appropriate, through e-mail notification.