HYPNOS OFFER TERMS & CONDITIONS
Please find here the Hypnos Offer Terms & Conditions, additional to the general Terms & Conditions.
We are the 'data controller' of your data which you may supply to us. We make decisions about how your personal data is used. We are entirely open about our information gathering practices and will respond to requests sent to us within a reasonable period of time. If you have any queries about our use of your personal data, we can be contacted by email here.
The General Data Protection Regulation (GDPR) impacts how organisations record, store and use personal data. This legislation is designed to give you, as 'data subjects', greater control and new rights over how organisations record, store and use your data.
Why we have your data
We gather data when you browse, purchase, make enquiries or sign up for a newsletter either on our website or directly through a sales person. We also gather data during the staff recruitment process. We will not collect any information unless it is either specifically, knowingly and voluntarily provided by you or collected with your consent. The information we collect will be accurate and, so far as we are able to, kept up to date. You can check this at any time by contacting us and we will immediately correct any inaccuracies you report.
Summary of our privacy practices
We process personal data according to the following principles:
We keep to a minimum the amount of information we hold.
We use data to respond to enquiries, fulfil orders and provide information about our furniture (the lawful basis for this is “legitimate interest”).
We also use data to complete transactions with you on our website, via phone sales and also via our showroom (the lawful basis for this is “contract”).
We also use data to communicate with Visitors and Customers where they have signed up and opted in to receive information from us (the lawful basis for this is "consent").
We only hold data for as long as necessary.
We apply appropriate security mechanisms to protect personal data we hold.
Our legitimate business interests are balanced with your interests, rights, freedoms and consent.
Visitors' personal data
We are the data controller of your personal data which we collect or you provide by:
Filling in forms on this website, if you report a problem with it, or if you contact us
Visiting our website, accessing pages and resources
Responding to voluntary research surveys
We will use this personal data to provide you:
The most effective relevant website content
With your consent updates or material which we believe will be of interest to you
The interactive features of the website, when you choose to use these
Notifications of website content changes
Customers' personal data
We are the data controller of your personal data which we collect or you provide by making enquiries, requesting quotes or placing orders.
We gather permissions and will use your personal data to send out communications about topics such as:
Any enquiry, quote or order you place with us
To keep you abreast of news and offers from The Sofa & Chair Company
Invitations to events and special promotions
Announcing the launch of new businesses within the Larkbury Group
There are certain types of event-specific emails that you will always receive from us, regardless of your contact permissions. These include confirmation of a purchase on our website, delivery notification of an order or if we require further information from you regarding delivery of an order. We may also contact you by phone regarding any of these. We also use personal data to fulfil contracts, to send goods you have bought, to prepare and send invoices and to collect payments.
We will respect how you want to be contacted and about which areas of our brand. Equally, if we are asked to never contact you again, we will respect this decision although if it may impact our ability to perform a contract with you. On request we will remove your personal data from our database.
In the course of our contract with you, we provide extra services to Purchasers for your benefit; 0% finance and fabric protection treatments. To enable us to do so, we share your data with certain third parties. In particular:
We currently share you data with Omni Capital Retail Finance Limited (or another provider we may use in the future) to check whether we can approve your application for finance and to grant you finance
We share your data with Guardsman™ (or another provider we may use in the future) to provide fabric protection services
Job Applicants personal data
If you submit an employment application to us, including CVs or resumes, all of the information submitted may be used for any and all purposes ordinarily associated with processing an employment application.
How to check and update your contact preferences
You can check and update your contact preferences at any time by logging on to our website and visiting the ‘My account’ area. We suggest you do that now, so that we have your most up to date contact preferences and can continue to communicate with you in the way you would like.
If you have any questions about how we are using your data, please contact us by emailing firstname.lastname@example.org
Our website & servers
Our website and servers use RapidSSL SSLCertificates to offer secure communications by encrypting all data to and from the site and storage on our servers. RapidSSL has checked and verified the site's registered domain name.
This website employs RapidSSL and industry-standard SSL to provide secure credit card transactions. SSL is a communications protocol for transmitting private information over the internet. It works by encrypting data that is transmitted over the SSL connection. When you place an order, your credit/debit card information is encrypted and then sent over the internet using an SSL connection. No one can read or access the data that is being transmitted.
It is important for you to protect against unauthorised access to your password and to your computer. Ensure that you log out when you finish using a shared computer.
Data processing and protections
In addition to the company's safeguards, your personal data is protected in the UK by the Data Protection Act 1998 (the "Act"). The Act requires us, as registered Data Controllers, amongst other things to ensure that the data we hold about you should be processed lawfully and fairly. It should be accurate, relevant and not excessive. The information should, where necessary, be kept up to date and not retained for longer than is necessary. It should be kept securely to prevent unauthorized access by other people.
We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. Fraudulent transactions will not be tolerated by us and such transactions will be reported to the relevant authorities.
We only hold personal data for as long as is necessary. We may retain and use information in order to comply with our legal obligations, resolve disputes, prevent abuse and enforce our agreements.
RIGHTS TO PERSONAL DATA
Opt-out (Right to Restrict Processing)
You may contact us anytime to opt-out of, (i) direct marketing communications, (ii) our collection of personal data. Please note that your use of our website may be ineffective upon opt-out and we may also not be able to perform contracts with you.
Access (Right to be informed, Right of Access)
You may request access to the data we hold about you at any time by contacting us directly.
Amend (Right to Rectification)
You can also contact us to update or correct any inaccuracies in your personal data. If you have contacted us and you need your personal information updated, you can contact us to change or delete your information.
Move (Right to Data Portability)
Your data is portable you can contact us to move your data we hold elsewhere.
Erase and forget (Right to Erasure)
In certain situations, for example when the data we hold about you is no longer relevant or is incorrect, you can request that we erase your data.
When you enter our site our web server sends a cookie to your computer which allows us to recognise your computer but not specifically who is using it. By associating the identification numbers in the cookies with other customer information when for example you log-in to the site, then we know that the cookie information relates to you.
By proceeding beyond this page, you consent to our cookie settings and agree that you understand this Cookies Policy which explains how you can manage your cookie choices and preferences.
This cookies policy explains:
· What are cookies?
· Managing your cookies preferences
WHAT ARE COOKIES?
Cookies are small pieces of information which are issued to your computer when you visit a website and which store and sometimes track information about your use of the site. A number of cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are only used where you ask us to remember your login details for when you next return to the site and will last for a longer duration.
The cookies used on www.thesofaandchair.co.uk are explained below and based on the International Chamber of Commerce guide for cookie categories.
1. Strictly necessary cookies
Strictly necessary cookies allow you to use essential features of our site such as enabling you to order more easily.
The essential features of our site require strictly necessary cookies so that we can remember your postcode and what is in your shopping basket whilst you continue to order products from our site and/or navigate to different pages of the site. We are also able to identify you as being logged in to www.thesofaandchair.co.uk and to ensure that you are able to access the appropriate features on our site.
If you choose not to accept these cookies, you will be unable to use our site for ordering, claiming rewards, only for browsing.
2. Performance cookies
Performance cookies collect information about how you use our site so that we can improve the quality of our site and service.
Our performance cookies do not collect any information that could potentially identify you. All information collected is anonymous and is used by us to:
· provide statistics on how our site is used;
· monitor which website our users arrived from; and
· help us improve the site by measuring usage information and any errors which occur during our users browsing experience.
3. Functionality cookies
Functionality cookies used on our site provide you with improved browsing and site functionality whilst you are browsing for example, if you require help and assistance with your order or to enhance your future visits to our site, for example, log in. These cookies may share information with partners to provide services on our site. The information shared is only to be used to provide the service, product or function and not for any other purpose.
4. Targeting & Sharing cookies
Targeting & sharing cookies offer you a customised browsing experience by providing you with interest-based services both on this site and on some other websites too.
Cookies which customise your browsing experience on our site only collect information by reference to the IP address that you are using. Some of these customised browsing experiences may be linked to services provided by third parties which provide these services for recognising that you have visited our site. This information is used to inform you of products and/or services which may be of interest to you or for services provided by our third-party partners.
These cookies may also link to social networks such as Facebook or Twitter provide advertising agencies with information on your visit so that they can present you with adverts which may be of interest to you.
For more information about this type of interest based advertising, and about how to turn this feature off please visit http://www.youronlinechoices.com/uk/your-ad-choices.
5. First Party cookies
First party cookies are set by the website, you are visiting, and they can only be read by that site.
6. Third Party cookies
For data collection and advertising targeting a cookie is saved on your device for the following purposes.
Third party cookies are set by a different organisation to the owner of the website you are visiting. For example, the website might use a third-party analytics company who will set their own cookie to perform this service. We use these to improve our website UX, products, services and advertising.
7. Session cookies
Session Cookies are stored only temporarily during a browsing session and are deleted from the user's device when the browser is closed.
8. Persistent cookies
This type of cookie is saved on your computer for a fixed period (usually a year or longer) and is not deleted when the browser is closed. Persistent cookies are used where we need to know who you are for more than one browsing session. For example, we use this type of cookie to store your preferences, so that they are remembered for the next visit.
9. Flash cookies
Many websites use Adobe Flash Player to deliver video and game content to their users. Adobe utilise their own cookies, which are not manageable through your browser settings but are used by the Flash Player for similar purposes, such as storing preferences or tracking users.
Below is a list of the cookies on sofaandchair.co.uk and details on how we use them.
|COOKIE NAME||COOKIE PURPOSE|
|Analytics||These cookies show us how you found our website and enable the function of Google Analytics which allows us to analyse visitor statistics such as visits, browser usage, shopping times and response to marketing activity. This helps us to improve our website and your shopping experience.|
|Compatibility cookies||These cookies determine whether your browser supports features on our website.|
|Session Id Cookies||This cookie allows us to respond to actions such as 'add to basket' - Necessary for the website to function.|
|Cookies that recognize users||These cookies help us to identify you and provides security when you are using our website.|
|Made to measure cookies||These cookies are used to store details of your customized order, for example, colour, materials and finishes,|
First Party Cookies
ASPSESSIONID - issued by the Sofa and Chair website for session state continuation
sample1 - issued by the Sofa and Chair website for retention fabric choice
sample2 - issued by the Sofa and Chair website for retention fabric choice
sample3 - issued by the Sofa and Chair website for retention fabric choice
sample4 - issued by the Sofa and Chair website for retention fabric choice
Third Party Cookies
__utma - issued by Google Analytics for analytics purposes
__utmb - issued by Google Analytics for analytics purposes
__utmc - issued by Google Analytics for analytics purposes
__utmz - issued by Google Analytics for analytics purposes
WRUID - issued by ClickTale for analytics purposes
Google Ads for better advertising purposes, remarketing and similar audiences.
Facebook for data collection, custom audiences, similar audiences, better targeting ads from Facebook and its partners.
Managing your cookie preferences
Some of the cookies used by our site are served by us, and some are served by third parties. Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser. Please note, however, that by blocking or deleting cookies used on our site you may not be able to take full advantage of our site if you do so.
We are continually striving to develop improved ways of managing your cookie preferences. As new technologies and solutions emerge, this cookies policy may be updated to reflect any such advances in technology and preference management tools.
You can manage the collection and use of certain information here:
For Google Analytics at tools.google.com/dlpage/gaoptout
For Google Ads and what opt out does and doesn’t do, visit: https://support.google.com/ads/answer/2662922?hl=en-GB
For Facebook at https://www.facebook.com/ads/preferences/edit/
End-of-Summer Clearance Terms & Conditions
Below are Terms & Conditions applied to the clearance items, additional to the general Terms & Conditions.
- Offer applies to selected in-stock items only and while stocks last (or is subject to availability).
- Offer available online at www.thesofaandchair.co.uk/clearance and through our West London showroom.
- Offer is valid for any purchase between August 14th until 31st August 2019.
- Offer not to be used in conjunction with any other offer, discount or promotion.
- Delivery charges apply and vary, subject to access and location.
- Storage charges apply after one month after purchase.
- Refunds, exchanges, or credit notes are not available for products sold that are stated as clearance "sold as seen" including ex-display products which are sold through the showroom. Statutory rights for online purchases remain including 14-days to return an item.
- All clearance purchases must be paid in full – deposits will not be accepted.
- For our standard Terms and Conditions, please see below.
GENERAL TERMS & CONDITIONS
1. THESE TERMS
1.1 These are the terms and conditions on which we supply products to you.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 These conditions shall apply to all contracts unless expressly varied in writing by us.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are The Sofa & Chair Co. Ltd a company registered in England and Wales. Our company registration number is 05738124 and our registered office is at 1 Western Avenue Business Park, Mansfield Road, London, W3 0BZ. Our registered VAT number is 814975794. You can access our details on our website at www.thesofaandchair.co.uk
2.2 You can contact us by telephoning our Client Services team at 0208 993 4415 or by writing to us at email@example.com or to 1 Western Avenue Business Park, Mansfield Road, London, W3 0BZ.
3. BASIS OF CONTRACT
3.1 Your order is deemed accepted when we write to you to accept it at which point a contract will come into existence between you and us.
3.2 Payment of deposit by you, writing confirmation or signing a purchase order is deemed to be acceptance of the contract.
3.3 If we are unable to accept your order, we will inform you in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.4 You acknowledge that you did not rely on any statement, oral warranty, promise or representation made or given by or on behalf of us which is not set out in these terms and the purchase order.
3.5 Any samples, images, drawings, descriptive matter, or advertising produced by us and any descriptions or illustrations contained in our catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force. Your product may vary slightly from those images, samples and drawings and although we will make every effort to be as accurate as possible, our products are handmade, therefore all sizes, weights, capacities, dimensions and measurements indicated on our website and brochure may have up to a 3% tolerance.
3.6 In relation to our products with hard edges, we reserve the right for up to 5mm variations. In relation to soft foam upholstery items, we reserve the right to variation of size up to 5% of the total size.
3.7 If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. You can find useful information on how to measure in our brochure or on our website, or simply contact us.
3.8 A quotation given by us to you shall not constitute an offer. A quotation shall only be valid for a period of 14 business days from its date of issue.
4. YOUR RIGHTS TO MAKE CHANGES
4.1 If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm in writing whether you wish to go ahead with the change.
4.2 Velvet, chains and cords on blinds fall in line with regulation and the length of the chain cannot be amended or specified.
5. DELIVERING THE PRODUCTS
5.1 Delivery will be deemed to have been effected when the Goods are delivered to your premises or such other location as set out in the order or as agreed with you before delivery or. If you are due to collect the Goods, then when the Goods are collected from our premises or other agreed collection point.
5.2 Delivery dates are given in good faith but are not guaranteed and no liability will be accepted for any loss whatsoever suffered or caused through late delivery or non-delivery and time of delivery shall not be of the essence.
5.3 The costs of delivery will be as told to you during the order process/ set out in our current price list and/or on our website.
5.4 Scheduled deliveries will be rescheduled if you fail to meet the payment terms under clause 11.
5.5 It is your responsibility to ensure items purchased can fit through internal and external access points including and passages, stairwells, landings and doorways on the way to the destination room. We hold no responsibility for items not fitting in the premises and any rework or restocking fees will be payable by you prior to final delivery.
5.6 For delivery purposes, we can manufacture furniture for assembly on site in case there is restricted access to your premises. It is vital however that you give us this information when placing an order as later changes to the design will be charged.
5.7 If we are unable, for whatever reason, to deliver the goods on the confirmed delivery date, we reserve the right to charge you further for any subsequent deliveries.
5.8 Our delivery team will unpack your furniture, install it in the room of your choice and if you wish we will remove all packing materials from your home and recycle wherever possible. We are not able to take away your old furniture.
5.9 If you are asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9:00 AM to 5:00 PM on weekdays (excluding public holidays).
5.10 If you fail to take delivery of the Goods when the Goods are ready for delivery or collection for any reason, we will be entitled to charge you a reasonable additional charge, including for storage, insurance and redelivery.
5.11 If, despite our reasonable efforts, 10 Business Days after the day on which we notified you that the Goods were ready for delivery and you have not taken delivery of them, we may (without prejudice to our rights against you) resell or otherwise dispose of part of all of the Goods.
5.12 We will offer store the products for up to one (1) calendar month following completion of manufacture of your order, free of charge. Thereafter we reserve the right to apply a discretionary charge for on-going storage, which will be calculated at a rate of 3% of the total sold value of the products (including VAT) per calendar month, and pro-rata for any days or weeks within a monthly cycle, up to the date of delivery.
5.13 If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 9 will apply.
6. INSPECTION AND ACCEPTANCE
Upon delivery or collection, you must sign the delivery/collection note. It is your responsibility to check the items to ensure the goods delivered or collected are as ordered, the correct quantity and that they are of satisfactory quality.
6.3 Subject to Clause 10.4, in the event of any discrepancy whatsoever, you must notify us immediately and within 48 hours upon delivery or collection by writing the discrepancy on the delivery/collection note. Unfortunately writing “unexamined” or “unchecked” will not be acceptable. If the item is damaged, please retain the packaging. All claims for loss or damage must be made before the end of the next working day.
6.4 You must at your own cost return the items that are subject to any discrepancies. Following inspection by our quality control team, if we are satisfied that there are discrepancies, then we will reimburse you for the costs you incurred in returning the items back.
6.5 In all events, the limits of liability for any fault or defect shall not exceed the purchase price of the item
7. TITLE AND RISK
7.1 You own a product once we have received payment in full. Until you become the owner of the products, you shall not sell the products or part with possession of the products. We may, for purposes of recovery, enter any premises where the products are stored to recover them.
7.2 The risk in the product shall pass to you on completion of delivery.
7.3 Title to the product shall not pass to you until we have received payment in full (in cash or cleared funds) for:
(a) The product; and
(b) Any other product or service that we have supplied to you in respect of which payment has become due.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end the contract for the supply of a product before it has been completed. You may contact us to end your contract for a product at any time before we have delivered it or completed supplying it and you have paid for it, but in some circumstances, we may charge you for doing so, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 10, “If there is a problem with the product”).
8.2 Unless you have a right to end the contract immediately, the contract will not end until payment is made in full for your order.
8.3 Subject to clause 8.4, you have a legal right to change your mind within 14 days beginning on the day after you receive the Products subject to the Products being properly packed and returned in the same unused condition supplied. Damaged goods cannot be accepted.
8.4 You do not have a right to change your mind in respect of:
(a) All made to order items including bespoke orders and standard bespoke
(b) services, once these have been completed
8.5 If you end the contract after products have been dispatched to you and (because
we cannot recall them) they are delivered to you, you must return them to us. Except when you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances, you must pay the costs of return.
8.6 Any goods that have been altered by a third party or independently cannot be returned or refunded.
8.7 Returned, or order cancellation items will be subject to a restocking fee. A restocking fee of 45% is payable for any returned product. Bespoke items are unique items made to your specification, for this reason carries a 100% charge, and is non-refundable.
8.8 Mattresses that have been removed from the original packaging cannot be returned.
8.9 Should you return a product and upon examination, we find that there is a discrepancy in the reason for the return of the product, then we shall reserve the right to refuse the credit.
8.10 Refunds, exchanges, or credit notes are not available for products sold on bespoke products or products that are stated as clearance, “sold as seen” including ex-display products:
(a) Prices marked are final and non-negotiable;
(b) No guarantees apply with the sale of products which fall under categories mentioned above;
(c) Collection and delivery of such products is your sole responsibility. To arrange a collection please contact 020 8993 4415 (Option 4);
(d) Access and installation of such products is your sole responsibility.
(e) All guarantees, warranties and associated remedies are exclusive when purchasing these items. No other guarantees or warranty, whether written, oral or implied or inferred from any course of dealing or usage or trade shall apply. Except as expressly and specifically provided in this agreement, all guarantees warranties and other terms implied by statute and or common law are, to the fullest extent permitted by applicable law, excluded from this agreement (including those of merchantable, satisfactory quality, fitness for a particular purpose)
8.11 If you cancel the Contract between us within 14 days, we will process the refund due to you as soon as possible and, in any case; within 30 days of the day, you gave notice of cancellation.
8.12 If a fault is discovered after you have exported the products outside United Kingdom, it is your responsibility to return the goods to the UK at your own cost for inspection. If a repair or replacement is produced by us, it will only be delivered to a United Kingdom destination. If you then wish for the products to be exported, it will be your responsibility to do so at your own cost and risk. For export orders, it is therefore recommended that inspection takes place in the United Kingdom prior to shipment.
8.13 We usually refund any money received from you using the same method as originally used by you to pay for your purchase.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract for a product at any time if:
(a) you do not make any payment to us when it is due, and you still do not make payment within seven (7) days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your full name, e-mail, contact number and address;
(c) you do not, within 10 business days, allow us to deliver the products to you or collect them from us;
(d) you do not, within 10 business days, allow us access to your premises to supply the services.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1. we will refund any money you have paid in advance for products we have not provided and processed i.e. you cancel after we have ordered stock and material from supplier, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may need certain information from you so that we can supply the products to you, for example, your name, address and contact number. If so, this will have been stated in the description of the products in our brochure. We may contact you in writing or on the phone to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
9.4 We may write to you to let you know that we are going to stop providing the product. We will let you know in advance within reasonable time of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided subject to the restocking fee.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 We guarantee the wooden frames of all manufactured furniture for 15 years from the date of delivery. The guarantee excludes normal wear and tear, fillings, fabrics, legs and mechanisms. This guarantee is given in addition to and not in substitution of your statutory rights.
10.2 We will only replace like for like, therefore you cannot change any of the sizes, fillings or fabrics. Upon a return, if a change is requested, you will incur further costs. Please contact us on 020 8993 4415 or write to us at firstname.lastname@example.org to request a quotation.
10.3 The company reserves the right using its discretion to recreate the made to order product in the exact same specification, design, texture, colour and fabric and no variations are permitted.
10.4 If you have any questions or complaints about the product, please contact us. You can telephone our Client Services team at 020 8993 4415 or write to us at email@example.com Alternatively, please speak to one of our staff in- store.
10.5 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights.
These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example [furniture], the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
A. up to 30 days: if your goods are faulty, then you can get an immediate refund.
B. up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
C. up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is services, the Consumer Rights Act 2015 says:
a. you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it.
b. if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c. if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
10.6 If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call Client Services on 020 8993 4415 or email us at firstname.lastname@example.org for a return label or to arrange collection.
11. PRICE AND PAYMENT
11.1 The price of the product (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing.
11.2 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we may use our discretion to charge the higher amount. We also reserve the right to reject an order and refund your money in full prior to deliver if the incorrectly priced item has a significant difference from correct price in excess of £100.00.
11.3 When you must pay and how you must pay:
(a) A 50% deposit is required before an order shall be processed. The remaining 50% balance must be paid in cleared funds within three (3) working days prior to the scheduled delivery or collection date;
(b) Preferred payment method is by bank transfer to the following account:
- Barclays Bank Plc; Sort Code: 20-36-08 and Account Number: 30055913
(c) Orders for export outside the EU require proof of shipment, which is your responsibility to provide to the us. VAT will be refunded to you once proof of shipment is received.
(d) Credit Account Holders must abide by terms agreed on account opening, and in any case all invoices must be settled within 30 days of the invoice date.
11.4 If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 3% per month above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
12.2 If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
12.3 We will not under any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profit, pure economic loss, loss of market, loss of business, depletion of goodwill and similar loss, costs, damages, charges or expenses caused or the consequences of delay of delivery or collection, however caused.
12.4 We will have no liability to you for any loss or damage suffered due to products and its quality from third party companies. Any disputes claim or complaints must be directed to the third-party company directly.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1 Bespoke orders. Note the following:
14.2 We do not guarantee an exact match for bespoke made to order products.
14.3 If you are supplying us with an image, we cannot guarantee an exact match unless we are given complete technical drawings. Even so, we will guarantee a 99% match and 100% effort. Drawings produced by us for signing off will be chargeable and payable by you.
14.4 Slight differences in dimensions may occur due to the materials within the build. If the furniture is intended for a specific place or location, you must inform us at the time of ordering.
14.5 Once we have confirmed an order, any further changes you wish to bring will be subject to a charge payable by you. Any changes at this stage may affect both the cost of the product and/or the delivery schedule.
14.6 Products are all made to order, therefore without affecting your statutory rights, can only be returned should the product contain faults. See clause 8.
14.7 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 10 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.8 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.9 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, we can still require you to make the payment at a later date.
14.10 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
14.11 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.
15. FURTHER ADVICE
15.1 We reserve the right to reject any fabric supplied by you, if deemed to be unsuitable for production. It is your responsibility to provide the agreed quantity required.
15.2 Any fabric supplied by you must meet British Fire regulations. You must provide a fire-retardant certificate for any such fabric supplied before production can commence.
15.3 If treatment is not possible, we can provide a barrier cloth inter-liner (depending on the location of use) if required. This service is chargeable.
15.4 If we supply the fabric to be used in manufacture, it is your responsibility to look after it as per the manufacturers guidelines as normal wear or tear is not warrantied.
15.5 It is your responsibility to ensure the fabric is suitable for the use for which it is intended.
15.6 Some fabrics (such as silks and velvets) and leathers can be marked by the slightest touch also known as pressure marks. Pressure marking is considered a natural characteristic of any piled fabric. In addition, all our furniture is handmade, the handling of fabric is unavoidable and therefore the we cannot accept any responsibility or liability for the condition of these fabrics when used during manufacture.
15.7 As leather is a natural product, some of the hides may show natural marks or scars. Depending on the supplier, variation on both texture and colour may occur different from the samples you look at. We cannot be held responsible for such markings that are visible on the final product. Sizes of hides may vary due to the nature of the product, this may result in additional costs, advisable on receipt of purchase from the supplier.
15.8 All Product measurements are approximate. For readymade curtains and blinds, fabric by the metre and pattern repeats, allow +/- 3 cm variance on sizes stated.
15.9 We reserve the right to make any changes to the Product specifications (external and/or internal) and any other changes where necessary;
15.10 Product specifications will vary from range to range as reflected in the design and price; however, all our Products are manufactured to the same high-quality standards;
15.11 For fabric by the metre, before cutting, please check you have the required amount and there are no defects as we will not be liable for third party costs and other losses once cut and made up.
15.12 Any goods that require more than one width of fabric will have joins and seams. 15.13 For made to measure, whilst every effort is made to make your items to the exact measurements given; the make-up can vary by up to 3cm, which is the standard industry tolerance allowance.
15.14 Product colour and shade may vary from one manufacturing batch to another. This will be more apparent if orders are placed at different times.
15.15 Our fabrics are constructed with various natural yarns and synthetic fibres. Often there are slubs and natural weave irregularities, which enhance the final appearance of the fabric. It should be noted that this is not a defect and is an inherent characteristic of the cloth. Please note that an inherent characteristic of the Suede Collection is the 'bruised' appearance that may appear as slight creasing.
15.16 Please be aware that up to 3% shrinkage may occur due to variations in atmospheric conditions whilst in situ at the window, or during the first wash or dry clean. There is sufficient fabric available within the hems to enable any necessary adjustment in length.
15.17 Our curtains are carefully packed and despatched. Any folding of material will cause certain creases; in the case of velvet and man-made fibre material, these will drop out after hanging. Any folding of material for prolonged periods or any items left in the packaging for long period in times may result in long term creasing or may affect the fabric permanently. Cotton prints may need a cool iron.
15.18 The sale of our products to you does not confer any right of license upon you to use, exploit, or to otherwise utilise any intellectual property right subsisting in or relating to the goods of which we are otherwise entitled to. The unauthorised copying of any of our designs, which are protected by design copyright, may give rise to legal action.