Terms & Conditions
1. THESE TERMS
1.1 These are the terms and conditions on which we supply products to you, whether these are goods and/or services.
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 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
• You are an individual.
• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to consumers only are in blue and those specific to businesses only are in green.
1.4 If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in this agreement.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are The Sofa & Chair Co. Limited trading as The Sofa & Chair Company London whose Registered Office is Unit 1, Action Hill Mews, Uxbridge Road, London W3 9QN and trading at Unit 1, Western Avenue Business Park, London, W3 0BZ, telephone number 0208 993 4415, a company registered in England and Wales. Our company registration number is 05738124. Our registered VAT number is 814975794.
2.2 You can contact us by telephoning our customer service team at 0208 993 4415 or by writing to us at our Registered Office or e-mailing us on [email protected]
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this 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 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.
3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Please note that we can only accept orders from the UK – we will not accept an order from anyone outside of the UK, or orders for delivery outside of the UK.
4. OUR PRODUCTS
4.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because some of our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website may have a slight variance.
4.2 The packaging of the product may vary from that shown in images on our website.
4.3 Some fabrics (such as silks and velvets) and leathers can be marked by the slightest touch. As all of our furniture is hand-made, the handling of fabric is unavoidable and therefore the seller cannot accept any responsibility or liability for the condition of these fabrics when used during manufacture.
4.4 As leather is an actual product some of the hides may show natural marks or scars. Depending on our supplier, variation of both texture and colour may occur when compared to the sample shown on the website. We are not responsible for such markings even if they are visible on the end product. Sizes of hides may vary due to the nature of the product and this may result in additional costs, which will be advised upon receipt of hides from the supplier.
5. YOUR RIGHTS TO MAKE CHANGES
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 whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 We may make minor changes to the product, and we may change the product:
(a) to reflect changes in relevant laws and regulatory requirements and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
6.2 In addition we may have to make major changes to the product but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. PROVIDING THE PRODUCTS
7.1 The costs of delivery will be as displayed to you on our website.
7.2 During the order process we will contact you with an estimated delivery date which will be within 30 days after the date on which we accept your order. Time is not of the essence.
7.3 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you have asked to collect the products from our premises, you can either arrange a date for collection at the point of checkout or contact us at [email protected] to arrange collection.
7.5 If no one is available at your address to take delivery we will leave you a note informing you of how to rearrange delivery. We will charge you the cost of redelivery.
7.6 If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.7 It is your responsibility to ensure that the product can be delivered to your property. If we cannot deliver the goods due to access for example:
i) There is difficulty in delivering to the property due to the property location;
ii) There are stairs or steps which cause difficulty with access;
iii) If the product is too large to allow us to perform delivery (i.e. it cannot fit through a door);
Then we shall return the product back to our warehouse and you will need to arrange for collection. We will charge you additional delivery charges in these circumstances, and may also charge you for storage costs and any other further costs. You will also still be responsible for the payment of the product.
7.8 The product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
7.9 You only own the product once we have received payment in full by way of cleared funds.
7.10 We may need certain information from you so that we can supply the products to you, for example, in regards to bespoke products, confirmation of the material to be used, measurements, dimensions, etc. If so, this will have been stated in the description of the products on our website. We will contact you 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 (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.11 Our delivery team will unpack your goods, install it in the room of your choice and will also remove all packaging materials from your property and recycle wherever possible. It is your responsibility to ensure that in these circumstances, the room is clear to enable our delivery team to unpack, assemble (where applicable) and install. We will not take away any of your old furniture.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
8.2 If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(d) you have a legal right to end the contract because of something we have done wrong.
8.3 If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. Your right as a consumer to change your mind does not apply in respect of any bespoke goods that are made specifically for you.
8.4 If you are a consumer you have 14 days after the day you (or someone you nominate) receives the goods unless your goods are split into several deliveries over different days. In this case you have 4 days after the day you (or someone you nominate) receives the last delivery.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
9.1 To end the contract with us, please let us know by doing one of the following:
(a) Call customer services on 0208 993 4415 or email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Complete the Contact Us form on our website, include your order number and contact details with clear instructions to cancel the contract.
(c) Print off the form INSERT LINK TO PRINTABLE FORM] and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, allow us to collect them from you. Please call customer services on 020 8993 4415 or email us at [email protected] to arrange for return. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances including where you are a consumer exercising your right to change your mind you must pay the costs of return.
9.4 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
9.5 If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7 We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 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;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
10.2 If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0208 993 1863 or e-mail [email protected] or write to us at our Registered Office. Alternatively, please speak to one of our staff in-store.
12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. 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:
• up to 30 days: if your goods are faulty, then you can get an immediate refund.
• up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
See also clause 8.3.
12.2 If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 020 8993 4415 or email us at [email protected] for a return label or to arrange collection.
12.3 Please also refer to our Guarantee at Clause 19.
13. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
13.1 If you are a business customer we warrant that on delivery and for a period of 12 months from the date of delivery (warranty period), any products which are goods shall conform with their description and any relevant specification, be free from material defects in design, material and workmanship, be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and be fit for any purpose held out by us.
13.2 Subject to clause 13.3, if:
(a) you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product's failure to comply with the warranty in clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 13.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 13.1.
13.5 These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.
14. PRICE AND PAYMENT
14.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.
14.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
14.3 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 will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.4 We accept payment by the following methods:
14.4.1. Credit and Debit Cards. Please note that when payment is made by a credit card the card provider charges a fee. If you wish to pay by this method we shall tell you the level of fee at the time of payment and you will be responsible for this.
14.4.2. By Paypal.
14.5 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
15.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 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
15.3 If any of our products are assembled at your property or we are delivering goods to 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.
15.4 If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to clause 16.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under this Contract.
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
17.1 We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
17.2 Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
18 OUR GUARANTEE
18.1. We guarantee the wooden frames on all Manufacturer’s upholstered furniture for fifteen years from the date of delivery. The Guarantee excludes normal wear and tear, any fittings, fabrics, legs, and mechanisms. This Guarantee is given in addition to and not in substitution of your statutory rights.
18.2. For any goods dealt with under our Guarantee, it will be our sole discretion whether to repair or replace those goods. If we choose to replace the goods, we will replace on a like for like basis. However we reserve the right to use a different material and/or colour if the original is no longer available.
19. OTHER IMPORTANT TERMS
19.1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
19.2. You cannot transfer your rights or your obligations under these Terms to any other person.
19.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 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.
19.4. 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.
19,5. 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 but we continue to provide the products, we can still require you to make the payment at a later date.
19.6. 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.
19.7. Alternative Dispute Resolution if you are a Consumer. 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 a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider. We are not presently partnered with any specific A.D.R. Provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Schedule Model Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the contract)
To: The Sofa and Chair Co. Limited
Unit 1, Western Avenue Business Park,
London, W3 0BZ
Telephone number: 0208 993 4415
Email: [email protected]
hereby give notice that I/We [*]
cancel my/our [*]
contract of sale of the following goods [*]
Ordered on [*]
received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate