Terms and Conditions of Trading of Sofa.com Limited
Table of Contents
- These Terms
- Customer location
- Products specifications
- Risk and title
- Cancellations and Returns
- Customer Own Materials
- Our liability
- Website purchases
- Rights of third parties
- Applicable law and jurisdiction
Sofa.com Ltd is registered in England, company no. 5222498, VAT No: 222289616, and with our registered office at Sofa.com, Unit 35 Chelsea Wharf, 15 Lots Road, London, SW10 0QJ. Sofa.com Ltd is authorised and regulated by the Financial Conduct Authority for consumer credit. For correspondence please contact us at email@example.com or call us on 0345 400 2222.
1. These Terms
1.1. These Terms and Conditions of Trading (‘Terms’) apply to all contracts between Sofa.com Limited and/or our subcontractors (‘us/we/our’) and the customer (‘you/your’) in relation to all sales of our products and services.
1.2. By accessing and using our Website you agree to the terms contained in our Terms of Website Use. If you do not agree with or accept any of these terms, you should stop using the Website immediately.
1.3. Any order you place with us is not accepted until we have provided you with a written sales order confirmation (by email, post or in person).
1.4. Clause 14 (Website purchases) applies only to sales made through our Website.
1.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document issued by us is subject to correction without any liability on our part.
1.6. We reserve the right to update these Terms from time to time by posting the updated version on our Website, at which point they will apply to any future orders made (but will not affect any existing orders). Examples of reasons for change include changes to our Products, prices, guarantee or delivery terms, changes to our business needs or supply structure, or for technical or legal reasons.
The following definitions and rules of interpretation apply to these Terms.
2.1. ‘Bespoke Product(s)’: any Product that we make to your specifications or that we personalise to you. This includes (without limitation) where you request that we make changes to a Product, including to the finish, stitching, piping, cushion pads, fabric mixes or upholstery. This also includes Customer Own Material Products.
2.2. ‘Clearance Product(s)’: any Products sold at a reduced price to our normal retail price, as remnants or as substandard, including but not limited to Products sold at a discounted price as a direct consequence of showroom or warehouse clearance.
2.3. ‘Customer Own Material(s)’ and ‘Customer Own Material Product(s)’: have the meanings given to them in clause 10.
2.4. ‘Delivery Partner’: an external company that we work with to deliver Products to you.
2.5. ‘Guarantees’: our Guarantees set out in clause 11.
2.6. Modular Sofas: corner sofas, chaise sofas, or any sofa which is produced and assembled in individual modular units.
2.7. ‘Product(s)’: any sofas, armchairs, beds, footstools, cushions, mattresses or other products that we sell.
2.8. ‘Standard Range’: any Products that are listed on our Website in the sizes and fabrics as listed and which are not Bespoke Products, Clearance Products or Customer Own Material Products.
2.9. ‘Republic of Ireland’: the island of Ireland excluding the six counties of Northern Ireland.
2.10. ‘UK Mainland’: this is the main island of Britain; it excludes Northern Ireland and any islands that are geographically separate from the main island of Britain.
2.11. ‘Website’: www.sofa.ie and our associated web pages.
3. Customer location
3.1. Our Website is intended primarily for use by individuals who are resident in the Republic of Ireland. However, we may at our discretion also accept orders from individuals who are resident outside the Republic of Ireland.
3.2. Please note that our delivery and returns policies differ according to whether you are resident in the Republic of Ireland, UK Mainland or elsewhere. Please see clauses 7 (Delivery), 9 (Cancellations and Returns) and 11 (Guarantees) for further details.
4. Products specifications
4.1. For all Products that you order, it is your sole responsibility to choose the colour of their fabrics that is suitable for your intended use of those Products, and to take all appropriate measurements in your property to ensure that the dimensions of those Products are suitable for your intended use of them.
4.2. The dimensions of Products we supply may vary from those stated in their specification but we will endeavour to ensure that they are within a 1.5% tolerance of those stated.
4.3. Whilst we try to ensure that the colours of our Products are as accurately displayed as possible on the Website, the actual colours that you see on your computing device may vary depending on the monitor that you use.
4.4. We will endeavour to match as accurately as possible the colour and texture of the fabric of your Products to the samples chosen, but variations in both the colour and texture may occur.
4.5. Leather Products are made from 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.
4.6. 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.
4.7. If we experience difficulties in supplying certain Products we may need to substitute them with alternative Products of equal or better standard and value. We will email you to let you know if we intend to do this and your order will be put on hold pending your acceptance of the change; an appropriate substitute Product may not always be possible. If you do not accept a substitute Product which is materially different from the Product which you originally ordered, we will cancel your order for the relevant Product and provide you with a full refund.
5.1. All prices include VAT, unless stated otherwise, at the prevailing rate and are subject to any promotional offer or discount. If you live outside the Republic of Ireland, please note that the price you see on our Website may differ from what we charge you due to, for example, differences in your country’s VAT rate.
5.2. All prices which we have quoted to you are valid for up to 28 days from the date on which the quote was given, unless otherwise indicated by us.
6.1. We require payment in full at the time you place your order. Any delay in payment will affect the delivery of your Products.
6.2. We accept the forms of payments that are stated on our Website during the online purchase process.
7.1. For all orders from our Standard Range, we aim to deliver Products to your specified Republic of Ireland address within four to six weeks of the date on which we accept your order. For other orders, including Bespoke Products, this time frame may vary. In all cases we will provide you with an approximate delivery estimate at the time you place your order and our Delivery Partner shall provide you with a precise delivery date and time (‘Confirmed Delivery Date’) closer to the date of delivery.
7.2. Our Delivery Partner will endeavour to deliver your Products on the Confirmed Delivery Date; if we are unable to do so our Delivery Partner will endeavour to contact you at least 48 hours beforehand to arrange a new delivery date.
7.3. We shall not have any liability to you for any delivery failures or delays that are caused by anything beyond our reasonable control (including failures caused by our Delivery Partner).
Delivery to the Republic of Ireland
7.4. Our Delivery Partner will deliver your Products to the Republic of Ireland address which we specify in our order confirmation to you. Delivery charges may apply; we will inform you of these before you place your order.
7.5. In the event we are unable to complete a delivery because of access constraints to and/or in the building, a €50 re-stocking fee will be charged. It is your responsibility to advise us at the time of ordering of any non-standard delivery circumstances that may apply.
7.6. To avoid any damage to your property or any items therein during the course of delivery, it is your responsibility to ensure clear access to the relevant room(s) in advance of delivery, including keeping children and pets out of the way, removing any precious items and protecting floors as necessary.
7.7. We are not responsible for the removal or movement of any furniture or other items upon delivery unless we have agreed this with you in advance.
7.8. It is your responsibility to ensure that two members of our Delivery Partner’s team are able to access the room(s) for delivery of the Products. Our Delivery Partner reserves the right not to deliver the Products if they believe it is unsafe to do so for any reason.
7.9. If our Delivery Partner accidentally damage Products in the course of delivery, then our liability for that damage is limited to the repair, refund or replacement of the Products or the value thereof. Where possible, refunds will be made using the same means of payment as you used to purchase the Products. In the case of card payments, refunds will be made to the original card of purchase.
7.10. Any damage to the Products or your property or its contents as a direct result of our delivery service must be reported to us by email within three business days of the delivery taking place. If you do not report such damage to us within this time frame then we shall not be liable to you for any such damage.
7.11. Our Delivery Partner may inform you that they are willing to deliver the Products but that, in their opinion, access to the delivery address is inadequate for them to make delivery without risking causing damage to the Products or your property or its contents. In this event, if you request that our Delivery Partner proceeds with delivery then such delivery will be at your own risk and we accept no responsibility for any damage that may occur.
7.12. Our delivery team will unwrap and assemble all Products upon delivery, excluding the outer packaging of any mattress(es), as once opened they cannot be returned. If you would like any mattress packaging removed, you may ask the delivery team to do so but, in doing so, you accept that you will not be able to return or exchange the mattress(es).
Delivery to locations outside the Republic of Ireland
7.13. If you require the Products at a location outside the Republic of Ireland, please contact our UK team on 0345 400 2222.
7.14. You must comply with all applicable laws and regulations of the territory for which the Products are destined. We shall not be liable for any breach by you of any such laws and regulations.
8. Risk and title
8.1. The Products will be at your risk from the time of delivery to the Republic of Ireland address which we specify in our order confirmation to you.
8.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges (if any).
9. Cancellations and Returns
9.1. You have the following rights set out in this clause 9 provided that you have purchased our Product(s) across any of our telephone, online, or showroom channels and as a consumer and not otherwise. For the purpose of these Terms, you are a ‘consumer’ if you are an individual purchasing Products for purposes that are wholly or mainly outside your trade, business, craft or profession.
9.2. Subject to the remainder of this clause 9, you have the following applicable ‘cooling off period’ during which you may cancel your order:
9.2.1. for Products from our Standard Range you have the right to cancel your order either before delivery, or within 14 days of delivery, in which case a €50 collection fee will apply;
9.2.2. for Bespoke Products, you may not cancel your order, either before or after delivery;
9.2.3. Modular Sofas are non-refundable. These may only be exchanged for alternative Products from within our range, or returned for store credit, provided that you request this either before delivery, or within 14 days of delivery.
9.2.4. In the event our Delivery Partner is unable to complete a delivery (including without limitation a delivery of an exchanged Product) because of access constraints to and/or in the building, a €50 re-stocking fee will be charged. It is your responsibility to advise us at the time of ordering of any non-standard delivery circumstances that may apply.
9.3. If you exercise your right to cancel a Product then (subject to the terms of this clause 9) we will refund the price of that Product you paid to us when you placed the order, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) up to the amount of the least expensive delivery. Where possible, refunds will be made using the same means of payment as you used to purchase the relevant Products. In the case of card payments, refunds will be made to the original card of purchase.
9.4. Mattress orders may only be cancelled within 14 days of delivery, and if their packaging has not been opened.
9.5. Products 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 Products. All returned Products will be inspected in our warehouse and, if deemed to be damaged or sullied, we will charge you a fee to reflect the amount by which the value of the Products has been diminished.
9.6. We will collect any Products which are the subject of a cancelled order from the Republic of Ireland address to which we originally delivered the Products.
9.7. If you order Products and you arrange for the Products to be shipped to a location outside the Republic of Ireland clauses 9.2 and 9.6 are modified in that you still have the right to return the Products but it is your responsibility to arrange for and pay for the Products to be shipped back to the Republic of Ireland and stored there until the time that we have agreed to collect them. We will collect the Products from any address in the Republic of Ireland (for example, a relative’s house or a shipping and storage facility); unfortunately we cannot wait at a port to collect the Products direct from any vessel.
9.8. If you wish to exercise your right to cancel a Product order please contact us on 0345 400 2222 or email us at firstname.lastname@example.org. If you contact us by email you may use our model cancellation form (set out at the end of these Terms), but this is not obligatory.
9.9. This clause 9 does not affect your statutory rights.
10. Customer Own Materials
10.1. This clause 10 applies to any fabric (or other item) that you supply to us or which you specify and is not on our Website (‘Customer Own Material’). We refer to any Product that, at your request, we make with a Customer Own Material as a ‘Customer Own Material Product’.
10.2. We may refuse to use any Customer Own Material which we consider to be unsuitable.
10.3. You agree to ensure that your Customer Own Material is in all respects safe and suitable for application in the Product.
10.4. Customer Own Materials will become owned by us when we receive them; ownership in any of them which we return to you (whether unused or incorporated in the Product) will revert to you upon delivery to you.
10.5. We may cut, work on and otherwise treat and deal with your Customer Own Materials as we consider appropriate in the course of making the Product and (unless you state in writing with your order that surplus should be returned to you) we may use or dispose of excess fabric or items as we think fit.
11.1. Subject to the remainder of this clause 11 and clause 13 (Our Liability), we provide the following guarantees (‘Guarantees’):
11.1.1. All furniture carries a lifetime frame and construction guarantee against faulty workmanship and/or faulty materials. Our lifetime guarantee applies to all purchases made after 6 August 2015.
11.1.2. Cushion fillings and coverings and upholstery on our Products are guaranteed for one year from the date of delivery except that we do not provide any guarantee for fabric (or other items) supplied at your specification by yourself or a third party, nor in respect of any defect in Products caused by any defect in, failure of or unsuitability of any fabric or other items so supplied.
11.2. Our Guarantees are limited to Products sold and retained in the Republic of Ireland and used solely for non-commercial purposes.
11.3. Our Guarantees do not cover fair wear and tear, neglect, abuse or misuse of your Products (including failure to follow any Product care instructions that we provide), 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, theft, accidental damage or loss or damage caused by a third party.
11.4. If you wish to make a claim under our Guarantees, please contact us by phone on 0345 400 2222, or by e-mail at email@example.com.
11.5. Where defective Products are covered by one of our Guarantees, we will endeavour to repair them 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. Where possible, refunds will be made using the same means of payment as you used to purchase the relevant Products. In the case of card payments, refunds will be made to the original card of purchase.
11.6. Our Guarantees may not be assigned to a third party.
11.7. The law gives you certain statutory rights for the repair, exchange or refund of faulty products. These rights are not affected by this clause 11.
12.1. Fabric batches may vary. The majority of 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 – although the actual variation is often almost negligible or very slight. Some fabrics are more susceptible to this than others.
12.2. Whilst we guarantee to make all your order from the same batch, we cannot guarantee that subsequent orders will match your original order.
12.3. Because of the nature of the materials used, any finishes that are applied to the exterior of our Products may alter the final colour and feel of the fabric.
12.4. We cannot accept any responsibility for fading or discolouration caused by 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.
12.5. After delivery, 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, which contain chemicals that can react with fabric dyes (the cans should warn against spraying close to upholstery without first covering it).
12.6. We recommend that you dry clean all removable covers from our Products.
13. Our liability
13.1. Nothing in these Terms shall limit or exclude our liability for (i) death or personal injury caused by negligence, (ii) fraud, (iii) fraudulent misrepresentation, or (iv) anything which may not be limited or excluded by law.
13.2. Our Guarantees are limited to Products sold and retained in the Republic of Ireland and do not cover any loss or damage caused by your commercial use of the Products.
13.3. We shall have no liability to you in connection with these Terms for any (i) loss of profits, sales, business or revenue, (ii) business interruption, (iii) loss of opportunity or (iv) other commercial losses that you suffer in relation to your commercial use of the Products.
13.4. We will not be responsible to you for any loss or damage unless it is a reasonably foreseeable consequence of our breach of (or other failure in connection with) these Terms. Losses are foreseeable where they could be contemplated by you and us at the time that we accept your order. 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.
13.5. We shall not have any liability to you for any non-performance or losses that are wholly or mainly caused by anything beyond our reasonable control.
14. Website purchases
14.1. The following terms and conditions in this clause 14 apply only to purchases made on our Website.
14.2. We endeavour to display as accurately as possible the colours of our Products that appear on our Website. However we cannot guarantee that your monitor will accurately reflect the colour of the Product delivered.
14.3. Our contract with you shall not be concluded until we have received your valid payment details and we have accepted the order by way of a confirmation by return e-mail to the email address you have given us during the online payment process.
14.4. 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 errors may occur. If we discover an error in the price of the Product(s) you have ordered we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, then we may treat the order as cancelled and notify you of this by email. If an order for Products is cancelled in accordance with this clause 14.4 and you have already paid for the Products, we will give you a full refund as soon as reasonably possible (and in any event within thirty (30) days of cancellation).
14.5. We reserve the right to refuse any order placed by you.
14.6. 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.
16. Rights of third parties
A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these Terms.
17. Applicable law and jurisdiction
These Terms are governed by and are to be construed in accordance with English law and you irrevocably submit to the exclusive jurisdiction of the Courts of England.
Model cancellation form
If you wish to cancel an order using this form, please complete the form set out below and send it to us by email to firstname.lastname@example.org.
To Sofa.com Ltd:
I/We hereby give notice that I/we cancel my/our contract of sale of the following Products:
Ordered on / Received on [*]:
Order reference number:
Name of customer(s):
Address of customer(s):
Customer contact telephone number:
[*] delete as appropriate