Terms and conditions
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. Promotional Activity
1.1 During periods of promotional activity, only one offer or discount is valid at any one time. No offer can be used in conjunction with any other offer.
Quotes given out in promotional periods are only valid until the stated expiry dates for that promotion.
No offers can be used in the purchase of clearance items.
1.2 The terms & conditions of our “Recommend A Friend” promotion are as follows: In order for you both to qualify for your Henning’s £50 wine vouchers, the friend you recommend must purchase at least one sofa or bed* from Sofas & Stuff Ltd. At the point of sale, your friend must provide us with your unique offer code we sent to you. This code is unique to you and will identify you as the recommender. Upon satisfactory delivery of your friend’s sofa or bed, you the recommender and your friend will each be sent a voucher in the post. Please allow up to 4 weeks to receive your vouchers. This promotion will expire on the 30th September 2015. i.e. the friend must have placed their order before this date.
*Please note that the purchase of clearance items does not qualify either the friend or the recommender for free £50 vouchers and that the sofa or bed purchased must have a value of at least £700.
2. Information about us
2.1 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 The Dairy, Tripp Hill Farm Buildings, Fittleworth, West Sussex, RH20 1ER. Our main trading address is The Dairy, Tripp Hill Farm Buildings, Fittleworth, West Sussex, RH20 1ER Our VAT number is 975 5512 88.
The Products on our site are available for purchase and delivery only within the United Kingdom. If you require delivery outside of these territories, please contact Sofas & Stuff directly and additional terms and charges may be applicable.
4. 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.
5. How the contract is formed between you and us
5.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this means 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 your order has been received, (the sales order acknowledgement). The contract between us (Contract) will only be formed when we send you the Sale Order Acknowledgement. We reserve the right to refuse to supply any individual or company.
5.2 The Contract only applies to those Products which appear on the Sales Order Acknowledgement. We will not be obliged to supply any other Products which may have been part of your order until the such Products has been confirmed in a separate Sales Order Acknowledgment.
5.3 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.
5.4 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.
5.5 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.
5.6 Sofas & Stuff Ltd reserve the right to cancel any order, up to the point of despatch, for any product we are unable to fulfil or we feel the quality of the product does not meet our standards.
6. Product Specifications
6.1 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.
6.2 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.
6.3 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.
6.4 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.
6.5 The measurements of all Products provided are as accurate as possible, but some slight variances may apply.
7. Cancellation and Amendment of Orders
7.1 Subject to clause 7.2 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 only applies to sofas and chairs in fabrics and colour ways purchaseable from our website. Ie, it does not apply to designer or wholesalers fabrics that you may have specifically chosen from one of our showrooms or through fabric samples posted to you.
In qualifying 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).
7.2 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, though we may do so with the incurrence of a 30% restocking fee. This is entirely at our discretion.
Examples of our made to measure Products include sectional furniture and any Product in a fabric that is not purchasable from our website.
7.3 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) of receipt of your order. We will make arrangements to collect the furniture as soon as possible after you notified us. 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.
7.4 Genuine returns for Products delivered within the UK which are notified to us within 7 days and returned 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.
7.5 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.
7.6 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.
7.7 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.
8. Availability and delivery
8.1 It is the responsibility of the customer to inform Sofas & Stuff, at the time of ordering your furniture, of any difficulties that maybe encountered when delivering to your property. Safe access to the room of choice must be considered, ensuring the route is clear. Sofas & Stuff are only responsible for delivery to your front door.
Any cost incurred, affecting the delivery, will not be the responsibility of Sofas & Stuff. This includes doors or window removal.
8.2 We will contact you to notify you when your Products are due to be available and, subject to the separate provisions below relating to customers resident outside mainland UK, 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.
8.3 During peak delivery times (November & December) & during delivery promotions*, we ask that you accept the first date offered to you by our delivery company. Failure to agree to this date will negate any further guarantees regarding the timing of your delivery. During these high volume periods, delivery slots can not be guaranteed due to limited availability.
* - Delivery promotions include Guaranteed Delivery by Xmas & free delivery promotions.
8.4 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, higher than anticipated demand for a product, adverse weather conditions or vehicle breakdown. 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.
8.5 If you require delivery outside of the UK or if you have specific additional delivery requests, and if we can, we will recommend a delivery company for you to contact about your specific request. Please contact us for further details.
8.6 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 £85.00 for any subsequent deliveries.
8.7 We will only store customer orders in our warehouse for a maximum of three weeks. After three weeks we charge all customers £10 per item per week
8.8 If we accidentally damage a Product in the course of delivery, then our liability for that damage is limited to the repair or replacement of that Product or for a refund of your purchase price.
8.9 Time of delivery of a Product is not of the essence in this agreement.
8.10 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.
8.11 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.
8.12 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.
8.13 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.
9. Risk and title
9.1 The Products will be at your risk from the time of delivery to you.
9.2 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.
10.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
10.2 These prices include VAT but do not include our delivery charges. For information on our delivery charges please click here.
10.3 Prices are liable to change at any time, but changes will not affect orders for which we have already sent you a Dispatch Confirmation.
10.4 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.
10.5 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.
10.6 No offer or promotion can be used in conjuction with any other offer, promotion or discount.
10.7 You can pay for your order using Visa, MasterCard, Delta, AMEX, cheque, cash or BACS.
11. Our refunds policy
11.1 When you return a Product to us:
11.1.1 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 £85.00. 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.
We reserve the right to make a deduction from the amount refunded where returned Products show signs of wear and/or damage. The deduction is entirely at our discretion.
11.1.2 mattresses must be returned unused & still in their original packaging.
11.1.3 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.
11.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
12. Our liability
12.1 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.
12.2 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.
12.3 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.
13.1 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 or through fabric samples, there may be natural variations & even dye batch variation.
13.2 If you require additional or further fabric samples, we reserve the right to make a charge.
14. Wooden Frame Guarantee
14.1 The guarantee described in clause 14.2 below applies in addition to your legal consumer rights.
14.2 All upholstered Products carry a lifetime 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:
14.2.1 We will require proof of purchase;
14.2.2 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.
14.3 The guarantee may not be transferred.
14.4 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(i.e moths), or theft, or accidental damage or loss caused by a third party.
14.5 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.
14.6 The guarantee is limited to upholstered Products sold and retained in the United Kingdom, and used solely for private and domestic purposes.
14.7 Furniture Protection Details of our Stainguard furniture protection scheme are available on request. Separate terms and conditions apply.
15. 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.
All notices given by you to us must be given to Sofas & Stuff Limited at The Dairy, Tripp Hill Farm Buildings, Fittleworth, West Sussex, RH20 1ER or email@example.com . 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.
17. Transfer of rights and obligations
17.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
17.2 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.
17.3 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.
18. Events outside our control
18.1 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).
18.2 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:
18.2.1 Strikes, lock-outs or other industrial action.
18.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
18.2.3 Fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster.
18.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.2.5 Impossibility of the use of public or private telecommunications networks.
18.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
18.3 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.
19.1 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.
19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.3 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.
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.
21. Entire agreement
21.1 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.
21.2 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.
21.3 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.
22. Our right to vary these terms and conditions
22.1 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.
22.2 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).
24. 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.
Stripe, check & pattern fabrics may not be cut & upholstered exactly as depicted on this website as each items is individually hand made for you.