terms and conditions
Special 'celebrate autumn with us' offer
This offer is available until 30th September. The second set of
loose covers is only free if in the same fabric. An small fee will
be charged for a set of covers in a different fabric.
All Products on this website are sold to consumers on the terms
and conditions set out below. Please read these terms and
conditions carefully before ordering any Products from our site.
You should understand that by ordering any of our Products, you
agree to be bound by these terms and conditions.
1. Information about us
1.1 www.sofasandstuff.com is a site operated by Sofas &
Stuff Limited ("Sofas & Stuff / we"). We are registered in
England and Wales under company number 06961589 and with our
registered office at 52 High Street, Pinner, Greater London, United
Kingdom KA5 5PW. Our main trading address is The Dairy, Tripp Hill
Farm Buildings, Fittleworth, West Sussex, RH20 1ER Our VAT number
is 975 5512 88.
2. Availability
The Products on our site are available for purchase and delivery
only within the United Kingdom and Ireland. If you require delivery
outside of these territories, please contact Sofas & Stuff
directly and additional terms and charges may be applicable.
3. Your status
To be eligible to purchase Products on this website you
must:
(a) be capable of entering into binding contracts;
and
(b) be at least 18 years old.
(c) provide your real name and contact details (including
e-mail); and
(d) a valid delivery address in the United Kingdom or
Ireland.
4. How the contract is formed between you and us
4.1 After placing an order, you will receive an e-mail
from us acknowledging that we have received your order. Please note
that this does not mean that your order has been accepted. Your
order constitutes an offer to us to buy a Product. All orders are
subject to availability and to acceptance by us, and we will
confirm our acceptance to you by sending you an e-mail that
confirms that the Product has been dispatched (the Dispatch
Confirmation). The contract between us (Contract) will only be
formed when we send you the Dispatch Confirmation. We reserve the
right to refuse to supply any individual or company.
4.2 The Contract only applies to those Products whose
dispatch we have confirmed in the Dispatch Confirmation. We will
not be obliged to supply any other Products which may have been
part of your order until the dispatch of such Products has been
confirmed in a separate Dispatch Confirmation.
4.3 You are responsible for checking and confirming that
all details of your order are suitable for your requirements,
including specifications, measurements, dimensions, features,
access and delivery.
4.4 Your order with us shall constitute:
(a) your agreement to these terms and conditions; and
(b) confirmation that you meet the eligibility
requirements of condition 3.
5. Product Specifications
5.1 The details, makes and designs of our Products are
constantly changing and we reserve the right to change the
specification of our Products without prior notice in relation to
future sales. You should check our website for details.
5.2 Products supplied to you may differ as a consequence
from those on display or advertised. Unless agreed with you, the
Products supplied will be of equivalent value, functionality and
appearance. Any significant variations will be notified to you.
5.3 Leather Products are made from quality natural
leather and accordingly they may not be uniform in colour or
texture. Some leathers will show natural marks and scars on the
hide. Some leathers will mellow with age and exposure to sunlight
and heat.
5.4 We will endeavour to match the colour and texture of
the fabric of your Product to the samples chosen as accurately as
possible, but variations in both the colour and texture may
occur.
5.5 The measurements of all Products provided are as
accurate as possible, but some slight variances may apply.
6. Cancellation and Amendment of Orders
6.1 Subject to clause 6.2 below, under the Distance
Selling Regulations, you may cancel a Contract with us at any time
within seven days, beginning on the day after you received the
Products, (with the exception of made to measure items, and all
corner units). This right applies to all sofas and chairs in
fabrics and colour ways, displayed on our website, only. Ie,
it does not apply to designer or wholesalers fabrics that you may
have specifically chosen from one of our showrooms.
In such circumstances, you will receive a full refund of the
price paid for the Products in accordance with our refunds policy
(set out in clause 10).
6.2 The Distance Selling Regulations do not apply to a
Product that is made or assembled especially for you ("made to
measure"). Therefore once we have accepted an order from you that
is for a made to measure Product, you do not have the right to
cancel it. Examples of our made to measure Products include
sectional furniture and any Product that is made with fabric
outside our standard range.
6.3 To cancel a Contract, you must inform us in writing
or by telephone and we will confirm cancellation, terms and details
by email. You must also contact us as soon as possible (but in any
event within the 7 days) to arrange for the return the Product(s).
Products must be returned to us in the same condition in which you
received them.You have a legal obligation to take reasonable care
of the Products while they are in your possession. If you fail to
comply with this obligation, we may have a right to retain the
purchase price of the Product or a reasonable percentage of the
purchase price as compensation for any damage to the Products and
for our additional costs incurred.
6.4 Genuine returns for Products delivered within the UK
or Ireland which are returned to us within 7 days and in the same
condition in which you received them will not incur additional
return delivery charges. We will also repay you the original
delivery charge that you paid for the order.
6.5 No order can be cancelled after seven days from
delivery. This clause does not affect other legal remedies that you
may have, for example, where the Product is faulty.
6.6 If you realise you need to amend an order prior to
delivery please contact us on 0808 1783211. If you
amend your order there may be changes to your delivery date or
charges and/or the price of the Products.
6.7 Prior to ordering please check the dimensions of the
Product(s) you are proposing to order to ensure they will fit into
your chosen location for them.
7. Availability and delivery
7.1 We will contact you to notify you when your Products
are available and, subject to the separate provisions below
relating to customers resident outside mainland UK and Ireland,
will arrange a time and date for delivery to the address specified
by you. We will also provide you with a telephone number that you
may call the day before your agreed delivery date to receive
confirmation of the two-hour time slot within which your order
should arrive.
7.2 Your order will be fulfilled by the delivery date set
out in the Dispatch Confirmation unless there are exceptional
circumstances. Occasionally a delivery date may be postponed. This
may occur for various reasons for example material shortages,
import delays or higher than anticipated demand for a product. We
will keep you informed if a postponement is necessary and discuss
revised timescales with you. We are not liable for any charges you
may incur due to delayed or cancelled deliveries.
7.3 If you require delivery outside of the UK or Ireland
or if you have specific additional delivery requests, then
additional charge may apply. Please contact us for further
details.
7.4 If you are unable, for whatever reason, to take
delivery of your Products on the confirmed delivery date, we
reserve the right to charge you an additional £75.00 (UK mainland)
or £125.00 (Ireland, Channel Islands, Isle of Man or other UK
offshore areas) for any subsequent deliveries.
7.5 If we accidentally damage a Product in the course of
delivery, then our liability for that damage is limited to the
repair, refund or replacement of that Product or for a refund of
your purchase price.
7.6 Time of delivery of a Product is not of the
essence.
7.7 We endeavour to ensure that our delivery team are
polite and exercise all reasonable skill and care in delivering the
Product to you and in its assembly. To the fullest extent permitted
by law we shall not be liable to you for any accidental damage to
your property or person resulting from our delivery of the
Products.
7.8 The delivery service provided by us is to a room of
your choice. We will also remove the packaging from the Product to
enable you to inspect the Product. A signature will be required to
acknowledge delivery and that the Product is in perfect condition.
The signature of the person accepting delivery at the delivery
address will be proof that you or the person to whom the order is
addressed has received delivery and of the condition of the Product
at the time of delivery.
7.9 You must check the condition of the
Products upon delivery and inform the delivery carrier of any
defects or problems with the Products at that time. The
delivery carrier will direct all queries at this stage to us and we
will endeavour to agree a means of curing such defects or problems
with you. If you choose not to have the Products unwrapped at
the time of delivery, we do not accept responsibility for any
defects or problems that would have been revealed by a proper check
of the unwrapped Products upon delivery.
7.10 Your Products will be constructed to the highest
possible standards. Please ensure that you read and adhere to the
care instructions relating to your Product on our website.
8. Risk and title
8.1 The Products will be at your risk from the time of
delivery to you.
8.2 Ownership of the Products will only pass to you when
we have received payment in full of all sums due in respect of the
Products, including delivery charges.
9. Price
9.1 The price of any Products will be as quoted on our
site from time to time, except in cases of obvious error.
9.2 These prices include VAT but do not include our
delivery charges. For information on our delivery charges please
click here.
9.3 Prices are liable to change at any time, but changes
will not affect orders for which we have already sent you a
Dispatch Confirmation.
9.4 Our site contains a large number of Products and it
is always possible that, despite our best efforts, some of the
Products listed on our site may be incorrectly priced. We will
normally verify prices as part of our dispatch procedures so that,
where a Product's correct price is less than our stated price, we
will charge the lower amount when dispatching the Product to you.
If a Product's correct price is higher than the price stated on our
site, we will normally, at our discretion, either contact you for
instructions before dispatching the Product, or reject your order
and notify you of such rejection.
9.5 We are under no obligation to provide the Product to
you at the incorrect (lower) price, even after we have sent you a
Dispatch Confirmation, if the pricing error is obvious and
unmistakeable and could have reasonably been recognised by you as a
mis-pricing.
9.6 You can pay for your order using Visa, MasterCard or
Delta.
10. Our refunds policy
10.1 When you return a Product to us:
10.1.1 because you have cancelled the Contract between us
within the seven day cooling-off period (see clause 5.1 above), we
will process the refund due to you as soon as possible and, in any
case, within 30 days of the day you have given notice of your
cancellation. In this case, we will refund the price of the Product
in full, including the cost of sending the item to you, and we will
arrange for collection of the Product at our cost. If we are unable
to collect the Products at the agreed time due to your actions??,
we reserve the right to make a charge for any subsequent collection
of the Products with a fee of £75.00 (UK mainland) or £125.00
(Ireland, Channel Islands, Isle of Man or other UK offshore areas)
for any subsequent collection. Products returned to us must be in
the original condition in which they were delivered to you and must
not be damaged and must be in a re-saleable condition.
10.1.2 for any other reason (for instance, because You
have notified us in accordance with clause 21 that you do not agree
to any change in these terms and conditions or in any of our
policies, or because you claim that the Product is defective), we
will examine the returned Product and will notify you of your
refund via e-mail within a reasonable period of time. We will
usually process the refund due to you as soon as possible and, in
any case, within 30 days of the day we confirmed to you via e-mail
that you were entitled to a refund for the defective Product.
Products returned by you because of a defect will be refunded in
full.
10.2 We will usually refund any money received from you
using the same method originally used by you to pay for your
purchase.
11. Our liability
11.1 We warrant to you that any Product purchased from us
through our site is of satisfactory quality and reasonably fit for
all the purposes for which products of the kind are commonly
supplied.
11.2 Our liability for losses you suffer as a result of
us breaking this agreement is strictly limited to the purchase
price of the Product you purchased.
11.3 This does not include or limit in any way our
liability:
(a) For death or personal injury caused by our
negligence;
(b) Under section 2(3) of the Consumer Protection Act
1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us
to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a
side effect of the main loss or damage and which are not
foreseeable by you and us (such as loss of income or revenue, loss
of business, loss of profits or contracts, loss of anticipated
savings, loss of data, waste of management or office time) however
arising and whether caused by tort (including negligence), breach
of contract or otherwise, even if foreseeable.
12. Samples
12.1 You can obtain up to 8 free fabric samples from us
through the order process prior to ordering our Products, to enable
you to visualise what the material will look like. While we try to
ensure that the Products are as similar as possible to those
displayed on-line there may be natural variations.
12.2 If you require additional or further fabric samples,
we reserve the right to make a charge.
13. Wooden Frame Guarantee
13.1 The guarantee described in clause 13.2 below applies
in addition to your legal consumer rights.
13.2 All upholstered Products carry a 5-year guarantee
against structural damage as a result of warpage and/or breakage of
frames, the failure of recliner mechanisms including electrical
motors and associated electrical components, bending and breakage
of metal components, broken zips, castors and buttons, separation
of seams where the stitching has failed, lifting or peeling of the
hide on leather furniture. In the event of a claim under this
guarantee being made against your Product the following will
apply:
13.2.1 We will require proof of purchase;
13.2.2 We will either arrange a visit to inspect the
products or arrange for collection of your Product at our cost and
will carry out an inspection;
If there is a genuine fault with the product that is due to
faulty workmanship we will either repair the Product or provide you
with a replacement. In the event of a replacement, you may select
an alternative product but you will be liable to pay any difference
in price.
13.3 The guarantee may not be transferred.
13.4 The guarantee does not cover fair wear and tear,
neglect, abuse or misuse of your Product, loss or damage (including
rusting and corrosion) due to unreasonable exposure to water or
weather; loss or damage due to fire, smoke, explosion, lightning,
sunlight, infestation by animals or boring insects, or theft, or
accidental damage or loss caused by a third party.
13.5 We will not be liable for any direct or indirect
loss of profits or other financial loss or damage arising out of
defective, damaged or wrongly delivered Products, over and above
the value of the Products themselves. This does not affect your
statutory rights.
13.6 The guarantee is limited to upholstered Products
sold and retained in the United Kingdom and Ireland, and used
solely for private and domestic purposes.
13.7 Furniture Protection Details of our Guardsman
furniture protection scheme are available on request. Separate
terms and conditions apply.
14. Written communications
Applicable laws require that some of the information or
communications we send to you should be in writing. When using our
site, you accept that communication with us will be mainly
electronic. We will contact you by e-mail or provide you with
information by posting notices on our website. For contractual
purposes, you agree to this electronic means of communication and
you acknowledge that all contracts, notices, information and other
communications that we provide to you electronically comply with
any legal requirement that such communications be in writing. This
condition does not affect your statutory rights.
15. Notices
All notices given by you to us must be given to Sofas &
Stuff Limited at [ADDRESS OR E-MAIL ADDRESS]. We may give notice to
you at either the e-mail or postal address you provide to us when
placing an order, or in any of the ways specified in clause 14
above. Notice will be deemed received and properly served
immediately when posted on our website, 24 hours after an e-mail is
sent, or three days after the date of posting of any letter. In
proving the service of any notice, it will be sufficient to prove,
in the case of a letter, that such letter was properly addressed,
stamped and placed in the post and, in the case of an e-mail, that
such e-mail was sent to the specified e-mail address of the
addressee.
16. Transfer of rights and obligations
16.1 The contract between you and us is binding on you
and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose
of a Contract, or any of your rights or obligations arising under
it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or
otherwise dispose of a Contract, or any of our rights or
obligations arising under it, at any time during the term of the
Contract.
17. Events outside our control
17.1 We will not be liable or responsible for any failure
to perform, or delay in performance of, any of our obligations
under a Contract that is caused by events outside our reasonable
control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event,
non-happening, omission or accident beyond our reasonable control
and includes in particular (without limitation) the following:
17.2.1 Strikes, lock-outs or other industrial action.
17.2.2 Civil commotion, riot, invasion, terrorist attack
or threat of terrorist attack, war (whether declared or not) or
threat or preparation for war.
17.2.3 Fire, explosion, storm, flood, earthquake,
subsidence, epidemic or other natural disaster.
17.2.4 Impossibility of the use of railways, shipping,
aircraft, motor transport or other means of public or private
transport.
17.2.5 Impossibility of the use of public or private
telecommunications networks.
17.2.6 The acts, decrees, legislation, regulations or
restrictions of any government.
17.3 Our performance under any Contract is deemed to be
suspended for the period that the Force Majeure Event continues,
and we will have an extension of time for performance for the
duration of that period. We will use our reasonable endeavours to
bring the Force Majeure Event to a close or to find a solution by
which our obligations under the Contract may be performed despite
the Force Majeure Event.
18. Waiver
18.1 If we fail, at any time during the term of a
Contract, to insist upon strict performance of any of your
obligations under the Contract or any of these terms and
conditions, or if we fail to exercise any of the rights or remedies
to which we are entitled under the Contract, this shall not
constitute a waiver of such rights or remedies and shall not
relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a
waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions
shall be effective unless it is expressly stated to be a waiver and
is communicated to you in writing in accordance with clause 14
above.
19. Severability
If any of these terms and conditions or any provisions of a
Contract are determined by any competent authority to be invalid,
unlawful or unenforceable to any extent, such term, condition or
provision will to that extent be severed from the remaining terms,
conditions and provisions which will continue to be valid to the
fullest extent permitted by law.
20. Entire agreement
20.1 These terms and conditions and any document
expressly referred to in them represent the entire agreement
between us in relation to the subject matter of any Contract and
supersede any prior agreement, understanding or arrangement between
us, whether oral or in writing.
20.2 We each acknowledge that, in entering into a
Contract, neither of us has relied on any representation,
undertaking or promise given by the other or be implied from
anything said or written in negotiations between us prior to such
Contract except as expressly stated in these terms and
conditions.
20.3 Neither of us shall have any remedy in respect of
any untrue statement made by the other, whether orally or in
writing, prior to the date of any Contract (unless such untrue
statement was made fraudulently) and the other party's only remedy
shall be for breach of contract as provided in these terms and
conditions.
21. Our right to vary these terms and conditions
21.1 We have the right to revise and amend these terms
and conditions from time to time to reflect changes in market
conditions affecting our business, changes in technology, changes
in payment methods, changes in relevant laws and regulatory
requirements and changes in our system's capabilities.
21.2 You will be subject to the policies and terms and
conditions in force at the time that you order products from us,
unless any change to those policies or these terms and conditions
is required to be made by law or governmental authority (in which
case it will apply to orders previously placed by you), or if we
notify you of the change to those policies or these terms and
conditions before we send you the Dispatch Confirmation (in which
case we have the right to assume that you have accepted the change
to the terms and conditions, unless you notify us to the contrary
within seven working days of receipt by you of the Products).
22. Terms of Use of Website and Privacy Policy
22.1 You should read our terms of use of website and
privacy policy which together with these terms and conditions
govern our relationship with you.
23. Law and jurisdiction
Contracts for the purchase of Products through our site will be
governed by English law. Any dispute arising from, or related to,
such Contracts shall be subject to the non-exclusive jurisdiction
of the courts of England and Wales.