boring but important
Terms & Conditions
Yes – this is the small print – sorry. That said we are a human company and in the event of any dispute our first desire is to resolve all matters to the satisfaction of all parties, and to that end we will endeavour not to hide behind all this “legalese”.
Terms and Conditions of Trading of Sofa.com Limited.
The definitions and rules of interpretation in this clause apply to this Agreement.
Bespoke: Goods that are made up in a fabric of your choice that is not found on our website or subject to any Customisation at your request.
Clearance Item: a product that is sold at a reduced price to that advertised on our website as a direct consequence of showroom or warehouse clearance.
Customisation: the alteration of any dimensions, cushion fillings or stitching away from what is stated on our website.
Despatch Note: a document provided by us headed ‘Despatch Note’ on delivery of Goods.
Domestic Purposes: any use at a residential home and not used in connection with the running of any business.
Good(s): any sofas, armchairs, beds, footstools, cushio1ns or mattresses that are advertised on our website
Product(s): this has the same meaning as Good(s).
Sales Order: a document provided by us head ‘Sales Order’ on placing an order.
Standard Range: any Goods/Products that are listed on our website.
UK Mainland: this is the island of Great Britain and excludes Northern Ireland and any British islands that are geographically separate from the island of Great Britain.
2.1 These Terms and Conditions of Trading (‘Agreement’) apply to all consumer contracts between Sofa.com Limited and our subcontractors (‘us/we/our’) and the Customer (‘you/your’) in relation to all sales of goods and services.
2.2 Additional terms and conditions apply to sales made through our Internet Site, as set out below in Clause 12.
2.3 Any order placed with us is not accepted until we have sent a Sales Order confirmation to you via e-mail.
2.4 Any typographical, clerical or other error or omission in any sales literature, quotation, pricelist, acceptance of offer, invoice or other document issued by us will be subject to correction without any liability on our part.
3. Product Specifications
3.1 We have a policy of continuous Product development and reserve the right to amend the specification of Products without prior notice in relation to future sales.
3.2 Goods supplied may differ as a consequence from those on display or advertised. Unless agreed with you, the Goods supplied will be of equivalent value, functionality and appearance. Any significant variations will be highlighted on the display model.
3.3 Leather Products are made from quality natural leather and accordingly they may not be uniform in colour or texture. Only the finest hides are selected but they will show natural marks and scars on the hide. Some leathers will mellow with age and exposure to sunlight and heat.
3.4 We will endeavour to match the colour and texture of the fabric of your sofa to the samples chosen as accurately as possible, but variations in both the colour and texture may occur.
The measurements of all Products made by us will be as accurate as possible, but are nevertheless approximate.
All prices include VAT, where appropriate, at the prevailing rate and are subject to any promotional offer or discount.
6.1 We require payment in full before despatch of Goods.
6.2 We will contact you as soon as possible to advise you of your estimated delivery date and at this time the balance of any monies due will be payable. Only once we have received the balance of any monies due in cleared funds, will we be able to confirm your actual delivery date.
7.1 For all purchases we will contact you to arrange a delivery date when the furniture has been received into our warehouse, if it is not already in stock.
7.2 We will delivery your Goods to any UK Mainland address. Delivery is free for addresses that are within a 50 mile radius of our London, Bath or Edinburgh showrooms. For deliveries outside of these areas there is a fixed fee of £45. Non-mainland deliveries will be dealt with individually as we won’t be able to deliver your sofa personally but we can deliver to a port/shipping company of your choice. If you live in mainland UK and have ordered something that we can post to you, delivery is £6 via Parcelforce. For orders over £50 it is free.
7.3 If you are unable, for whatever reason, to take delivery of your Goods on the confirmed delivery date, we will charge you 10% of the value of your order for any subsequent deliveries.
7.4 If we accidentally damage Goods in the course of delivery, then our liability for that damage is limited to the repair, refund or replacement of the Goods or the value thereof. Refunds can only be made to the original card of purchase
7.5 Time of delivery is not of the essence in this Agreement. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any reasonable delay or delay due to unforeseen circumstances outside of the reasonable control of Sofa.com or delay due to any reasonable rescheduling of delivery.
7.6 In the event that you would like to have Goods delivered to a location outside of the UK Mainland we can deliver to any port on the UK Mainland if you arrange for the onward shipping. It is your responsibility to check the condition of the Goods at the location where we deliver (this can either be you personally, a representative of the shipping company, a relative or an employee of yours). Liability for the Goods becomes yours when the Despatch Note is signed either by you or your agent. Please note that your right of return is modified as set out in clause 8.5.
8. Returns and Refunds
8.1 If you have ordered from our Standard Range then, subject to clause 8.2 and clause 8.3, you have the right to cancel your order either before delivery, or within 28 days of delivery. If you wish to make a return we will refund all delivery charges. Refunds can only be made to the original card of purchase. This does not affect your statutory rights.
8.2 Goods must be returned to us in a saleable condition and we reserve the right to make reasonable deductions from the amount refunded to you if there are signs of wear and/or damage to the Goods.
8.3 Mattresses must be returned unused and still in their original packaging.
8.4 Any order for Bespoke Goods may not be cancelled by you, either before or after delivery. We have no obligation to take back these Goods, though will do so with the incurrence of a 35% restocking fee.
8.5 Free cushions given as promotional offer cannot be returned.
8.6 In the circumstance where a customer has ordered different cushion fillings due to a proven allergy, these products may be cancelled or returned within 28 days of delivery and clause 8.2 does not apply.
8.7 In the event that you order Goods and you arrange for the Goods to be shipped to a location outside of the UK Mainland clause 8.1 is modified to the extent as set out below. You still have the right to return the Goods but it is your responsibility to arrange for the Goods to be shipped back to the UK Mainland. We will collect the Goods from any address on the UK Mainland (maybe a relative’s house or a shipping and storage facility, unfortunately we cannot wait at a port to collect the Goods direct from any vessel).
8.8 If you decide to use the modified returns policy in clause 8.4 then liability for the condition of the Goods remains yours until we collect the Goods.
8.9 There is no automatic right of return for any Clearance Item purchased and they are sold as seen. Your statutory rights are not affected.
9.1 The provisions of this clause apply in addition to your statutory consumer rights in relation to faulty or misdescribed Goods. These rights are not affected by the guarantee.
9.2 For the purpose of this clause the guarantor is Sofa.com Limited, registered address: unit 35 Chelsea Wharf, 15 Lots Road, London SW10 0QJ
9.3 All furniture carries a lifetime frame and construction guarantee against faulty workmanship and/or faulty materials. Our lifetime guarantee applies to all purchases after 01/9/2014. Cushion fillings and coverings are guaranteed for one year from the date of delivery.
9.4 Guarantees may not be assigned to a third party.
9.5 These guarantees do not cover fair wear and tear, neglect, abuse or misuse of your Goods, 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.
10.1 Fabric batches may vary. All our fabrics are created from natural materials, and thus, unlike manmade products, there can be slight variations between batches. The most common variation is that of colour – though the actual variation is often almost negligible or very slight. Some fabrics are more susceptible to this than others (the main culprits being Natural Flax and White Sand Linen and Espresso Brushed linen Cotton).
10.2 Whilst we guarantee to make all your order from the same batch, we cannot guarantee that subsequent orders will match your original order.
10.3 We cannot accept any responsibility for fading or discolouration, due to exposure to direct or indirect sunlight. Sunlight affects different fabrics in different ways, but sunlight, whether direct or indirect, will nevertheless always affect fabric colour. Darker fabrics, because they have further to fall, are likely to discolour and fade more. Different fabrics, dark or light are liable to fade or discolour at different rates.
10.4 We cannot accept any responsibility for fading or discolouration, due to exposure or contact with any chemicals sprayed nearby or applied directly. Please also note that there are certain aerosol sprays, most particularly odour neutralisers and nicotine neutralisers that contain certain chemicals that can react with fabric dyes (the cans should warn against spraying close to upholstery without first covering it).
10.5 We recommend that you dry clean sofa covers.
11. Claims Under Guarantee
11.1 In the event of a claim under guarantee occurring, please contact us by phone, on 0345 400 2222, or by e-mail at email@example.com.
11.2 We will endeavour to repair the defective Goods free of charge. If a repair is not possible you will be offered a replacement and only if a suitable replacement is not available will you be offered a refund. Refunds can only be made to the original card of purchase.
11.3 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 Goods, over and above the value of the Goods themselves. This does not affect your statutory rights.
11.4 Our guarantees are limited to Goods sold and retained in the United Kingdom, and used solely for Domestic Purposes.
12. Other Services
Furniture Protection Details of our Guardsman furniture protection scheme are available on request. Separate terms and conditions apply.
13. Internet Purchases
13.1 The following terms and conditions in this clause, apply only to purchases made through the Internet.
13.2 We endeavour to display as accurately as possible the colours of our products that appear on the website. However we cannot guarantee that your monitor will accurately reflect the colour of the product delivered.
13.3 The contract shall not be concluded until we have received your valid credit card charge or debit card payment details and we have accepted the order by way of a confirmation by return e-mail to the address you have given us during the registering procedure and on ordering.
13.4 Every effort is made to ensure the complete accuracy of our website however some prices/details may change from time to time and it is possible that error may occur. We will use our best endeavours to rectify any errors as swiftly as possible but we cannot be responsible for any losses incurred.
13.5 We are entitled to refuse any order placed by you.
13.6 To the maximum extent permissible by law, we exclude all warranties, expressed or implied as to the accuracy of the information contained in any of the materials on the website. We cannot accept any liability for any particular material on the website or as a result of any use or reliance placed upon information contained on the website.
13.7 Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk. You will be solely responsible for any damage to your own computer systems or loss of data that results from the download of such materials.
13.8 We control and operate the web site from our offices within England. Accordingly the laws of England & Wales govern claims relating to, including the use of the web site and the materials contained therein. If you choose to access our website from outside England and Wales you do so on your own initiative and you hereby agree that in the event of a dispute between Sofa.com and you the laws of England and Wales will apply at all times.
14. Data Protection
Sofa.com Limited is a registered data controller in accordance with the Data Protection Act 1998 (‘the Act’). We process your personal data in accordance with the Act.
15. Rights of Third Parties
For the purpose of the Contracts (Rights of Third Parties) Act 1999, this Agreement does not and is not intended to give any rights, or any right to enforce any of its provisions, to any person who is not a party to it.
16. Applicable Law
These Terms and Conditions of Trading are governed by and are to be construed in accordance with the laws of England and Wales
Sofa.com Limited is obliged by law to provide the following information
The website Sofa.com is operated and owned by Sofa.com Limited.
Our address and all communications can be addressed to us at : –
Sofa.com Ltd 35 Chelsea Wharf 15 Lots Road London SW10 0QJ
Registered in England No. 05222498 VAT No: 222 2896 16
Data Protection Act 1998 and Privacy
We understand that many people still worry about submitting personal details on the Internet – especially their credit/debit card numbers. So we’d like to reassure you that any information you provide here will remain safe and secure.
Protecting your privacy
In a few areas of our website we will ask you to provide personal details such as your name and email address. This will only happen when it enables us to provide a better service to you. For example: for your personal order history on our feedback forms.
We do not sell, trade or rent your information to others. You can be sure it will remain confidential and will be used only to help us build a better relationship with you.
Our safe shopping guarantee
Whenever you provide us with personal information, we offer the use of a secure server. The information you send us regarding your purchase will be encrypted. This makes it extremely difficult to read even if it is wrongly intercepted.
Still prefer not to order via the Internet?
If you would prefer to order by phone, please feel free to call us on 0345 400 2222