These Website Terms and Conditions apply to all consumer contracts between Sofa Workshop Ltd. (with trading name Sofa Workshop by Timothy Oulton) and our subcontractors ("the Company/us/we/our") and the Customer ("you/your") in relation to sales of goods and services made via the Internet or Tele sales. Separate Terms and Conditions apply for all orders placed in or via our stores.
1.1. The Company and yourself (the “Customer”) intends to rely upon the written terms set out here and on the other side of this document and such terms shall constitute all Conditions between the parties.
1.2. The payment of the deposit; or in the case where no deposit is paid the acceptance of the goods, referred to in the Order Confirmation; Order Quotation or Invoice (as applicable) to which these Conditions are attached by the Customer shall be deemed to constitute acceptance of these Conditions (the “Contract”) which shall be binding.
1.3. The Sofa Workshop stores (“Store”) as listed on our website www.sofaworkshop.com; and “Sofa Workshop Outlet Store” at 7-9 Mills Street, Abergavenny for the sale of discontinued, ex-display, delisted and other reduced-price items.
2.1. In case of a force majeure (being circumstances outside of our control) the Company may, at its absolute discretion, terminate any contract for the supply of goods pursuant to the Invoice , or cancel the manufacture and/or delivery of the goods. In such circumstances, the Company will consult with the Customer to try to find suitable alternatives that may be possible, unless the Customer wishes to terminate the Contract. Subject to local laws, all monies paid pursuant to the terminated Contract shall be returned to the Customer within 60 days of termination.
3.1. 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.
4.2. If you pay by credit, charge or debit card, the transaction will be handled for you by Shopify International Ltd. The total amount payable by you regardless of the method of payment is the same.
4.3. 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 that you have given during the registering procedure and upon ordering.
4.4. We are entitled to refuse any order placed by you.
5. Delivery Dates
5.1. While all reasonable endeavours will be made to adhere to delivery dates quoted at the time of an order being placed and the Order Confirmation; Order Quotation or Invoice (as applicable) being provided, such dates must be viewed as approximate estimates only, given in good faith and based upon information available to the Company at that time.
5.2. In so far as allowed by law, the Company will not accept any liability for any loss or inconvenience suffered by delivery delay.
6. Cost and Place of Delivery
6.1. Other than as stated below in 6.4, goods are delivered by the Company at a pre-notified delivery charge to the delivery address stated on this Order Confirmation; Order Quotation or Invoice (as applicable). Any subsequent change of address may incur an additional delivery charge. Timothy Oulton Goods will be assembled upon delivery if requested in advance for which an additional charge may be payable. Some self-assembly may be required on certain Sofa Workshop products.
6.2. The Customer will be contacted to arrange a delivery date when the goods has been received by our distribution centre. The Company is unable to store the order and must be able to deliver the goods into the Customer’s home within 14 days thereafter. If the Company is unable to do so due to the Customer’s fault, charges will be incurred, payable prior to delivery. The Company will advise the Customer of this charge at the relevant time. After the expiry of 2 months the Customer’s order shall be cancelled and the Company shall return the balance of the monies due to the customer, less the deposit and an administration charge of £50 and any charges incurred.
6.3. The Customer is responsible for the delivery of the goods and must ensure that the goods will fit through relevant doors, windows and passageways of the delivery address through to room of choice. Please note that the delivery and installation charge include no allowance for the removal of doors, windows or other fixtures unless specifically stated on your order form. The Company can arrange for specialist delivery consultants to visit the Customer’s home and carry out this work. The Customer should allow a reasonable amount of time for this work to be carried out and any work will be subject to an additional charge. For any goods not accepted on the delivery date, the Customer may be charged storage fees.
6.4. The measurements of all goods and furnishings made by us will be as accurate as possible but are nevertheless approximate.
6.5. The Customer is responsible for providing a safe and reasonable means of access from the public highway to the place of delivery, and that deliveries are within 100m of road or hard-surfaced track and access to rooms other than ground level is via stairs or a lift which will fit the goods. If delivery staff considers that access is unsafe, then the Company will not deliver the goods until safe access is provided. The Customer is obliged to provide any required parking permits in advance. The onus to protect the Customer’s property at point of delivery i.e. covering floors/carpets and removing breakable items that may impede the route, ensuring valuables are safeguarded against accidental damage is the Customer’s responsibility to avoid accidental damage during the delivery process.
6.6. The Company shall not be held responsible for any damage resulting from the removal of any existing furniture or other items from any room into which the goods are delivered. If the Company accidentally damage goods in the course of delivery, then the Company’s liability for that damage is limited to the repair, replacement or refund of the goods or the value thereof.
6.7. Any changes made by the Customer to the content of the order will impact on the delivery date. The Company will notify the Customer of any delays as a result of those changes once known
6.8. If the Customer is unable, for whatever reason, to take delivery of the goods on the confirmed delivery date, the Company reserve the right to charge the Customer further for any subsequent deliveries. If the Company is unable to deliver the goods due to there being no safe or reasonable means of access to the place of delivery, the Company shall be entitled to give the Customer notice and cancel the order and refund payments already made.
6.9. 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 by Timothy Oulton or delay due to any reasonable rescheduling of delivery.
7.1. Special order cancellations cannot be accepted after 48 hours from the date of this document and will result in forfeiture of all funds paid.
7.2. Any other orders may be cancelled prior to delivery subject to a 20% restocking fee, unless the Customer can prove that the Company’s loss is less than 20% of the price or the Company can prove that its loss is more than 20% of the price.
8. Natural Markings
8.1. Those goods which contain natural leather hides are therefore subject to dye, grain and shade variations and natural markings (including open scars, healed scars from vegetation, insect bites, neck stripes and dung marks) such variations and markings are not classified as defects. 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. Those goods which contain driftwood, salvaged wood, natural solid wood or reclaimed wood contain natural and/or reprocessed wood and are therefore subject to grain and shade variations and natural markings (including knots and scars) such variation and markings are not classified as defects. Some woods will mellow with age and exposure to sunlight. Those goods which contain natural rock crystal, marble and acrylic are subject to chips and mark and colour variations. Those goods which contain iron are subject to marks, colour variations and rust. Those goods which contain hand-blown glass are subject to colour variation and bubbles. Rugs, hand-woven fabrics and naturally dyed fabrics are subject to colour variations.
8.2. 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.
8.3. 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.
8.4. Some self-assembly may be required on certain products.
8.5. Any representation or statement by the Company as to the age, origin, date, materials or conditions of the items is a statement of opinion based on the knowledge of a reasonably informed person at or around the time of the sale. By entering into the Contract, you acknowledge that the goods may have any of these markings and the existence of such markings shall not constitute a breach of the Contract.
9. Other Services
9.1. Furniture Protection: Details of our Guardsman furniture protection scheme are available on request in store. 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.
10. Returns & Refunds
10.1. 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; are made to order; or if you have not examined the product in one of our Stores. 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.
10.2. If you wish to return your goods it is your responsibility to take good care of the goods 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.
10.3. We will refund our standard delivery charge (if applicable and only if delivery was charged to the customer initially) but not charges made for specialist delivery. A second charge will be applied for the collection of the goods and will be quoted upon notification of return. Items returned due to damage or a fault will have all delivery charges refunded and no collection charges made.
10.4. Any goods you order placed where you have chosen specific finishes or features is custom made for you and as such once successfully delivered and signed for, the goods 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.
10.5. Following cancellation of your order any monies paid will be refunded by the method you used to pay and within 14 days.
10.7. For all furniture, lighting, bedroom furniture and home accessories (not available to take away from the Store) and subject to applicable laws, all in stock orders are subject to a refund of less 20% restocking fee if returned within 7 days from noted delivery. After 7 days, but up to 30 days, a store credit will be provided subject to a manager's approval and shall at all times be less 20% restocking fee. Beyond 30 days all sales are final unless there is a manufacture defect as set out in Condition 12.2.
10.8. Please note proof of purchase is required for all refunds and all returns must be in the original packaging and with the labels attached. Upon return, your product will be inspected, and exchanges, credits and refunds shall not include taxes charged. The Company reserves the right to reject goods which have been damaged or altered in any way.
11. Risk and Title
11.1. Risk of loss or damage to the goods shall pass to the Customer on delivery.
12. Claims and Liability
12.1. The Company can only be held responsible for reasonable and foreseeable losses resulting from a breach in Contract. In as far as allowed by law, the aggregate liability of the Company (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to the Customer for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the invoiced value of the goods. Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company's gross negligence or fraudulent misrepresentation.
12.2. Any error in quantity or any shortage or defects must be notified to the Company by the Customer and noted on the carrier’s bill of lading or delivery confirmation within 7 days of delivery.
12.3. Any damage to Customers property caused by Company carrier’s negligence must be noted on the carrier’s bill of lading (as applicable) or delivery confirmation paperwork within 24 hours of delivery.
12.4. Unauthorised repairs will release the Company from all liability.
12.5. Dimensions and specifications of the goods may vary slightly within normal acceptable commercial tolerances. If exact sizes are required, details must be entered in writing on the Order Confirmation; Order Quotation or Invoice (as applicable).
12.6. The Company cannot guarantee precise matching of graining or shading between different items within its product ranges because of variations between batches and production.
12.7. The Company reserves the right to alter specifications without notice from time to time and reserves the right to discontinue any products or ranges without notice.
12.8. The Company accepts no responsibility for any loss or damage whatsoever arising directly or indirectly from misuse or faulty fitting of the goods not fitted by the Company, or damage to the Customer’s property arising out of the delivery of the goods not delivered by the Company or its agents or registered representatives.
12.9. All Products sold in accordance with these Conditions are sold for residential use only unless it is specifically noted on the invoice, and where certain testing requirements are made known to the sales manager, the product code is ending in either –T or –P suffix. The Company accepts no responsibility for any loss or damage whatsoever arising directly or indirectly from the use of any Products within a commercial property or for non- residential purposes. Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company's gross negligence or fraudulent misrepresentation.
13.1. The provisions of this Condition 13 apply in addition to your statutory consumer rights in relation to faulty or miss-described goods. These rights are not affected by the guarantee.
13.2. For the purpose of this clause 6 the guarantor is The Sofa Workshop.
13.3. Our guarantees:
13.3.1. all furniture is guaranteed for a period of 1 year from date of purchase against manufacture defects only;
13.3.2. all bedroom furniture, bedding and mattresses (including toppers) is guaranteed for a period of 1 year from the date of purchase against manufacture defects only.
13.3.3. all lighting is guaranteed for a period of 1 year from date of purchase against manufacturing defects only;
13.3.4. all personal accessories and home accessories are guaranteed for a period of 6 months from date of purchase against manufacture defects only;
13.3.5. all leathers shall be free from defects in materials and workmanship for a period of 2 years from the date of purchase (subject to Condition 7); and
13.3.6. all furniture frames (excluding lighting) shall be guaranteed for a period of 5 years from date of purchase against manufacture defects only.
13.4. We cannot guarantee furnishing fabrics and linens other than for reasonable wear and tear particularly against shade variations of items purchased at different times.
13.5. Guarantees may not be transferred.
13.6. 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.
13.7. All warranties, conditions and other terms whether express or whether implied by statute, common law, trade usage, course of dealing or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
13.8. The Company does not give any warranty that the goods are fit for any particular purpose for which the goods are being bought by the Customer (unless the Company has agreed otherwise in writing).
14. Data Protection
14.1. The Sofa Workshop Ltd. 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.
14.2. Should the Company ask the Customer to provide certain information by which he/she can be identified, the Customer can be assured that it will only be used in accordance with our privacy statement. For details of the Company’s privacy statement, please go to https://www.sofaworkshop.com/pages/cookies-policy
. For the purpose of the Data Protection Act 1998 and the EU General Data Protection Regulations, the Company’s data controller can be contacted on [email protected]
. Additionally, if the Customer would like to correct his/her personal data or simply access it, please do not hesitate to contact the Company on [email protected]
15. Accuracy of Content
15.1. 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]
15.2. We endeavor 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.
15.3. 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 stores or Talk Team.
15.4. 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.
15.5. 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.
15.6. 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.
15.7. 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 by Timothy Oulton and you the laws of England and Wales will apply at all times.
16.1. The rights and obligations of the Customer under these conditions may not be assigned or transferred in whole or in part without the prior written consent of the Company.
17.1. If any of these Conditions shall be held to be illegal, invalid or unenforceable in any respect whether in whole or in part, such condition(s) shall not prejudice the effectiveness of any or all of the rest of these Conditions or remainder of any part.
18.1. Breach of, or failure to implement any individual Condition shall not be deemed as a waiver on the part of the Company and shall not prejudice any other Condition within this Contract
19. Applicable Law and Jurisdiction
19.1. These Terms and Conditions of Trading are governed by and are to be construed in accordance with the laws of England and Wales and the courts shall have exclusive jurisdiction to hear any matters relating to this contract.
19.2. The above do not affect your statutory rights.
19.3. The Sofa Workshop Limited trading as Sofa Workshop by Timothy Oulton. Registered in England No. 06707205. VAT No 940 97 93 85.
20. Complaints Procedure:
20.1. The Company will try to resolve any disagreements quickly and effectively.
20.2. In the first instance, the Customer is requested to contact the manager of the Store at which the order was placed or the complaint should be given in writing to the Operations Director, The Sofa Workshop Limited, 2nd Floor, Mill Pool House, Mill Lane, Godalming, Surrey, England, GU7 1EY until 30 September 2020; and then Operations Director, The Sofa Workshop Limited, 350 King’s Road, Chelsea, London SW3 5UU. Registered in England No. 06707205. VAT No 940 97 93 85