Buying upcycled furniture and home decor
Dominique hopes that you love your purchase. Dominique's collection features pieces that have the odd imperfection. This is what gives the furniture its character and charm and is often one of the reasons why Dominique chose it in the first place.
Dominique will restore and repair most functional damage. Imperfections will be photographed and a detailed description of each piece will be provided.
If you require any additional information about Dominique's furniture do not hesitate to get in touch and she will be happy to answer your questions. Customer service is important to Dominique and she will endeavour to solve any problems as quickly as possible.
Dominique has also created Care Instructions so you know how to care for your new piece. To keep your furniture looking beautiful and to ensure durability you do need to take reasonable steps to look after it as you would with any piece of furniture. In the event that damage is caused to the furniture as a result of your unreasonable actions, you are solely liable for the damage caused and any costs associated with repairing the damage.
Terms & Conditions
Background:
This agreement applies as between you, the User of this Website and Dominique Malacarne, the owner of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and/or any communications System on the Website;
“Courier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Dominique Malacarne” means Dominique Malacarne of 34 Lincoln Road, Oxford OX1 4TB;
"Malphor" means the trading name of Dominique Malacarne of 34 Lincoln Road, Oxford OX1 4TB;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods” means any products that Dominique Malacarne advertises and/or makes available for sale through this Website;
“Service” means collectively any online facilities, tools, services or information that Dominique Malacarne makes available through the Website either now or in the future;
“Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises” Means our place of business located at Dominique Malacarne, 34 Lincoln Road, Oxford OX1 4TB;
“System” means any online communications infrastructure that Dominique Malacarne makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User”/“Users” means any third party that accesses the Website and is not employed by Dominique Malacarne and acting in the course of their employment; and
“Website” means the website that you are currently using (www.malphor.co.uk) and any sub-domains of this site (e.g. subdomain.malphor.co.uk) unless expressly excluded by their own terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business.
4. Intellectual Property
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Dominique Malacarne, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom intellectual property and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Dominique Malacarne.
5. Third-Party Intellectual Property
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Dominique Malacarne or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.malphor.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Dominique Malacarne. To find out more please contact us by email at This email address is being protected from spambots. You need JavaScript enabled to view it.
9. Use of Communications Facilities
9.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of Dominique Malacarne or our affiliates; and
9.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
9.2 You acknowledge that Dominique Malacarne reserves the right to monitor any and all communications made to us or using our System.
9.3 You acknowledge that Dominique Malacarne may retain copies of any and all communications made to us or using our System.
9.4 You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
10. Accounts
10.1 In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 you have permission to submit Payment Information where permission may be required; and
10.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
10.2 It is recommended that you do not share your Account details, particularly your username and password. Dominique Malacarne accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Dominique Malacarne immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Dominique Malacarne accepts no liability or responsibility and you should make contact with the courier detailed in the Purchase Information.
10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation
11.1 Either Dominique Malacarne or you may terminate your Account. If Dominique Malacarne terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
11.2 If Dominique Malacarne terminates your Account, any current or pending purchases on your Account will be cancelled and will be dispatched.
11.3 Dominique Malacarne reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
11.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
11.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
12. Goods, Pricing and Availability
12.1 Dominique Malacarne will not be responsible for any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party.
12.2 These terms and conditions apply to any repaired or replacement Goods Dominique Malacarne may supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform to these terms and conditions.
12.3 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Dominique Malacarne correspond to the actual Goods, Dominique Malacarne is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
12.4 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
12.5 Dominique Malacarne does not represent or warrant that such Goods will be available. Stock indications are provided on the Website however these may not take into account sales that have taken place during your visit to the web site.
12.6 All pricing information on the Website is correct at the time of going online. Dominique Malacarne reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
12.7 In the event that prices are changed during the period between an order being placed for Goods and Dominique Malacarne processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
12.8 All prices on the Website do include VAT.
13. Commissions
13.1 Our acceptance of your order brings into existence a legally binding contract between us. If you do not agree to be bound by these terms and conditions you may not use or access this website.
13.2 All quotations for work by Dominique Malacarne are valid for a period of 30 days from written quotation. Acceptance of work to be carried out is deemed to be when a non-refundable deposit of 50% is received by Dominique Malacarne.
13.3 Once the production process has started and if you request any substantial changes to the original specifications, we will inform you of any change to the price in writing. These costs will be added on to the final sum due.
13.4 Dominique Malacarne requires full payment of all monies one day before delivery. Title of goods will only pass to the buyer on receipt in full monies on that order.
13.5 Dominique Malacarne shall be entitled to suspend delivery to the buyer if payment is not made on the due date.
13.6 All dates quoted for delivery are estimated delivery dates only and may be subject to change.
14. Delivery
14.1 Prices do not include delivery.
14.2 If Dominique Malacarne receives no communication from you, within 5 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
15. Returns Policy
Dominique Malacarne aims to always provide high-quality Goods that are fault free and undamaged. On occasion; however, goods may need to be returned. Returns are governed by these Terms and Conditions.
15.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 5 working days to arrange collection and return. Dominique Malacarne is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
15.2 If any Goods you have purchased have faults when they are delivered to you, you should contact Dominique Malacarne within 5 working days including the date of delivery to make suitable arrangements. Dominique Malacarne is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.3 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the Goods have been damaged. In any event, you should report such damage to Dominique Malacarne within 5 days including the date of delivery to make suitable arrangements. Dominique Malacarne is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.4 If you wish to return Goods to Dominique Malacarne for any of the above reasons, please contact Dominique Malacarne to make the appropriate arrangements.
15.5 Dominique Malacarne reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
15.6.1 Any use or enjoyment that you may have already had out of the Goods;
15.6.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
15.6.3 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
15.6.4 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
16. Privacy
16.1 Use of the Website is also governed by our privacy policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
16.2 The Website places the following cookies onto your computer or device. These cookies are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy. By accepting these terms and conditions, you are giving consent to Dominique Malacarne to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.
16.3 If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
17. Disclaimers
17.1 Dominique Malacarne makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
17.4 Whilst Dominique Malacarne uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
18. Changes to the Service and these Terms and Conditions
Dominique Malacarne reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Dominique Malacarne is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. Availability of the Website
19.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
19.2 Dominique Malacarne accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
20.1 To the maximum extent permitted by law, Dominique Malacarne accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
20.2 Nothing in these Terms and Conditions excludes or restricts Dominique Malacarne’s liability for death or personal injury resulting from any negligence or fraud on the part of Dominique Malacarne.
20.3 Nothing in these Terms and Conditions excludes or restricts Dominique Malacarne’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
20.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Third-Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Dominique Malacarne.
24. Communications
24.1 All notices/communications shall be given to us either by post to our Premises (see address above) or by email to This email address is being protected from spambots. You need JavaScript enabled to view it. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24.2 Dominique Malacarne may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.
25. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Dominique Malacarne shall be governed by and construed in accordance with the Law of England and Wales and Dominique Malacarne and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.