Terms and Conditions
Terms and Conditions of Trading
The Sofa Workshop Limited trading as Sofa Workshop
These Terms and Conditions of Trading apply to all consumer contracts between The Sofa Workshop Ltd. t/a Sofa Workshop and our subcontractors ("us/we/our") and the Customer ("you/your") in relation to sales of goods and services made via the Internet or Telesales. Separate Terms and Conditions apply for all orders placed in or via our shops.
1. Product Specifications
- 1.1 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.
- 1.2 Some furniture has quality natural wood exposed, for example legs. Some woods will mellow with age and exposure to sunlight.
- 1.3 Leather goods 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.
- 1.4 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. If an exact colour match is required, a stock cutting may be provided for approval, and prior to the order being processed.
- 1.5 Some self-assembly may be required on certain products.
- 2.1 It is your responsibility to ensure that the furniture ordered will pass freely through into your room of choice. If you are unsure, we can arrange to have the accessibility of your room of choice checked. There is a small charge for this service.
- 2.2 Please note that the delivery and installation charge includes no allowance for the removal of doors, windows or other fixtures unless specifically stated on your order form. We can arrange for our specialist delivery consultants to visit your home and carry out this work. You should allow a reasonable amount of time for this work to be carried out and any work will be subject to an additional charge.
- 2.3 The measurements of all furniture and furnishings 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.
- 4.1 Internet orders have 100% of the total amount payable taken at the point of order.
- 4.3 If you pay by credit, charge or debit card, the transaction will be handled for you by Barclays Merchant Services. The total amount payable by you regardless of the method of payment is the same.
- 4.4 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 that you have given during the registering procedure and upon ordering.
- 4.5 We are entitled to refuse any order placed by you.
- 5.1 We will contact you again to arrange a delivery date when the furniture has been received by our distribution centre. We are unable to store your order and must be able to deliver the furniture into your home within 14 days thereafter. If we are unable to do so due to your default, charges will be incurred, payable prior to delivery. We will advise you of this charge at the relevant time. After the expiry of 2 months your order shall be cancelled and we shall return the balance of the monies due to you, less the deposit and an administration charge of £50 and any charges incurred.
- 5.2 We will deliver your goods on weekdays to any UK mainland address. Delivery charges apply as follows; Standard deliveries £59. For non standard deliveries (e.g. awkward access, window deliveries, specialist vehicles, etc.) and those to the following areas an additional charge will be made and we will provide a price on application for the following postcodes AB DD HS IM IV KA KW PA PH SA ZE. A standard delivery is when your furniture will fit freely and easily in to your room of choice.
- 5.3 A standard delivery and installation is when your furniture will fit freely and easily in to your room of choice. Standard delivery and installation is a two-man service. We will deliver the items to the room of choice, un-package and attach feet if required.
- 5.4 Access. It is your responsibility to ensure that the furniture ordered will pass freely through into your room of choice. Our standard delivery charges include no allowance for removal of doors, windows or other fixtures.
- 5.5 Any changes made by you to the content of your order will impact on your delivery date. We will notify you of any delays as a result of those changes once known.
- 5.6 If you are unable, for whatever reason, to take delivery of your goods on the confirmed delivery date, we reserve the right to charge you further for any subsequent deliveries.
- 5.7 You are responsible for providing a safe and reasonable means of access from the public highway to the place of delivery. If our delivery staff considers that access is unsafe, then we will not deliver the goods until safe access is provided. You are obliged to provide any required parking permits in advance. The onus to protect your property at point of delivery i.e. covering floors/carpets and removing breakable items that may impede the route, is your responsibility to avoid accidental damage during the delivery process.
- 5.8 If we are unable to deliver the goods due to there being no safe or reasonable means of access to the place of delivery, we shall be entitled to give you notice and cancel your order and refund your payments.
- 5.9 If we accidentally damage goods in the course of delivery, then our liability for that damage is limited to the repair, replacement or refund of the goods or the value thereof.
- 5.9.1 Time of delivery is not of the essence in these Terms and Conditions of Trading. 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 Workshop or delay due to any reasonable rescheduling of delivery.
- 6.1 The provisions of this clause 6 apply in addition to your statutory consumer rights in relation to faulty or miss-described goods. These rights are not affected by the guarantee.
- 6.2 For the purpose of this clause 6 the guarantor is The Sofa Workshop Ltd. t/a Sofa Workshop.
- 6.3 Our furniture caries a 15 or 25 year frame and spring guarantee against faulty workmanship and/or faulty materials, with the exception of fillings, coverings, legs and sofabed parts. All products are clearly marked on our website with the applicable guarantee.
- 6.4 Guarantees may not be transferred.
- 6.5 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, heat 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.
7. Claims Under Guarantee
- 7.1 In the event of a claim under guarantee occurring please contact us with the following information: - your sales invoice number, your address and contact details and a summary of the problem. The claim will then be assessed and if found to be valid, an appropriate resolution will be provided to resolve matters.
- 7.2 Upon proof of fault 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 full or partial refund dependant on the age of the goods.
- 7.3 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.
- 7.4 Our guarantees are limited to goods sold and retained in the United Kingdom, and used solely for private and domestic purposes.
- 7.5 If you remain unhappy with our final response, you may be entitled to refer your complaint to The Furniture Ombudsman, with whom we are full members, and we are bound to follow any decision that they make. To find out more about 'The Furniture Ombudsman' and how you might be able to use their dispute resolution service, visit www.thefurnitureombudsman.org or telephone 0845 653 2064.
8. Other Services
Furniture Protection: Details of our Guardsman furniture protection scheme are available on request in shop. Separate terms and conditions apply. Please note that the contract is with a separate body and, any questions in relation to the performance of this contract, should be raised with them; details are available in store.
- 9.1 Distance selling regulations and our ‘No Quibble Returns’ policy only applies to your order if the goods have not been custom made to your specification or if you have not examined the product in one of our shops. If the distance selling regulations do apply you are entitled to cancel your order before delivery or within 14 working days beginning with the day after the date of delivery. You will need to notify us in writing.
- 9.2 If you wish to return your goods it is your responsibility to take good care of the furniture and you are liable for any loss or damage. Failure to take reasonable care may result in a claim against you. To minimise the risk of any such claim we ask that you return the goods in appropriate packaging.
- 9.3 We will refund our standard delivery charge but not charges made for specialist delivery. A second charge will be applied for the collection of the goods, this will be equivalent to the delivery charge paid. Alternatively you can return the goods to our central warehouse where no second charge will be made. Items returned due to damage or a fault will have all delivery charges refunded and no collection charges made.
- 9.4 Any furniture you order with additional options selected is custom made for you and as such once successfully delivered and signed for, the furniture may not be returned nor will we provide any refund unless it is defective or has been accidentally damaged by us in the course of delivery.
- 9.5 Following cancellation of your order any monies paid will be refunded by the method you used to pay and within 14 days.
- 9.6 Should you require a refund or have any other query or complaint, please contact our Talk Sofas Team on 0800 23 00 048.
10. Accuracy of Content
- 10.1 Our website has been designed for your convenience and if you have any comments, questions or queries, please contact us on [email protected] . If you have experienced any technical difficulties, please send an e-mail to [email protected]
- 10.2 We endeavour to display as accurately as possible the colour of products as they appear on the website. However we cannot guarantee that your monitor will accurately reflect the colour of the product delivered.
- 10.3 Some product displayed on our website will be for online purchases and promotions only and are not transferable to sales of our products through our shops or Talk Sofa Team.
- 10.4 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. We will use our best endeavours to rectify any errors as swiftly as possible but we cannot be held responsible for any losses incurred.
- 10.5 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.
- 10.6 Any material downloaded or otherwise obtained through the use of this website is done so at your 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.
- 10.7 We control and operate the website from our offices in England. Accordingly the laws of England and Wales govern claims relating to, and including the use of the website 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 any dispute between Sofa Workshop and you the laws of England and Wales will apply at all times.
11. Data Protection
The Sofa Workshop Ltd. t/a Sofa Workshop 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.
12. 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.