1. These terms
These are the terms and conditions on which we supply our products to you.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
When we use the words “writing” or “written” in these terms, this includes emails.
2. Our contract with you
Our acceptance of your order will take place when we contact you to accept it, at which point a contract will come into existence between you and us. We will not accept your order until we receive a photograph of your furniture that the new covers are intended for. You must submit this in accordance with our emailed instructions to you.
If we are unable to accept your order, we will inform you of this by email and will refund any amounts you have already paid. This might be because your existing furniture covers do not fit properly and therefore that any we made using them as a template would not fit either, we have not received the information we require from you, materials needed to make your product are out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
We will assign a unique order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
a) Our website is largely for the promotion of our products in the UK and there are certain legal and practical restrictions concerned with fulfilling orders for delivery outside the UK. If you place an order for delivery outside the UK you are responsible for compliance with local laws and any customs charges if and to the extent applicable.
b) If you order from outside the UK we regret that we cannot accept the risk of your existing covers when they are in transit to us. If you wish to ensure your existing covers are covered by insurance when you send them to us from outside the UK, you will need to obtain and pay for appropriate insurance and carriage.
3. Our products
The images of the products in our brochures and on our website are for illustrative purposes only. Although we have made every effort to ensure the colours are accurately represented there may be minor variations. Your product may vary slightly from those images.
We will make the product specifically to fit your furniture. With respect to size and fit, the product will be made using your existing covers as a template and using the measurements you provide to us. You are responsible for ensuring that covers you send to us fit your furniture correctly and that the measurements you provide are accurate and taken in accordance with our instructions.
Whilst every effort will be made by us to ensure that dye colours match any sample shown to you, perfect matching cannot be guaranteed. However, where a variation in colour does occur which is in excess of 5% of the original colour sample (as determined by us) you shall be entitled to a refund of monies paid.
If you wish to make a change to the product you have ordered please contact us as soon as possible. We will let you know if the change is possible and any impact on the price payable or anticipated delivery dates. We are not obliged to make any changes to your order.
We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example improvements in manufacturing processes. These changes will not materially affect the quality, appearance or your use of the product.
4. Delivering the products
The costs of collection of your original cover and delivery of your new ones will be as displayed to you on our website.
We will normally despatch your products (with your original covers if you have elected for us to return them to you) from our factory, within 28 days of receiving your original furniture covers, using the delivery method you selected on the order page. You must pay to have your original covers returned and this cost will be as indicated on the order page. Depending on your location, delivery will take place a few days after despatch. Any delivery times are estimates only and may be changed by us to ensure that the products meet our quality standards.
We will only release finished products to you when we are happy that they meet our quality standards. In some circumstances, this may mean that we need to make alterations following our quality checks. If they require further alteration following such checks, we will perform this within a reasonable time, which may mean that the final delivery date is pushed back. The products shall not be considered to have been delivered until we have released them.
If you have asked to collect the products from an agreed location we will contact you when they are ready for delivery to tell you when you can collect them.
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
If you do not collect the products as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 6.2 will apply.
If supply of our products is delayed by an event outside of our control then we will contact you as soon as possible to let you know. We will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for compensation in recognition of the delays caused by the event.
If you are not able to take delivery, or fail to take delivery, of the products within 7 days of us notifying you that they are ready for delivery we will contact you for further instructions and may charge you for storage costs at our standard rate of £50 per week (or part thereof) and any further delivery costs.
You will be responsible for the product and your returned covers (if you have elected for us to return them to you) once we have delivered them to you.
You own the product on:
(a) delivery of the products or once we have received payment in full, whichever event occurs later; and
(b) you will retain ownership of your original covers at all times unless you decide when you place your order that you do not want us to return them to you, in which case, ownership of them will pass to us when we receive them into our factory in Preston. Once ownership passes to us you will have no rights in relation to them.
We need your original covers and measurements of your furniture so that we can supply the products to you. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 6.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the product as requested by you or notified by us to you (see clauses 3.4 and 3.5).
5. Your rights to end the contract
As the products are bespoke, made specifically to the measurements you provide, you do not have a statutory right to cancel your order once we have accepted it. However, you may cancel your order before we have accepted it and obtain a full refund by emailing us or getting in touch with our customer service team on 01772 901507. If you wish to cancel your order once we have accepted it you may do so for a cancellation fee of £75 to cover our costs in dealing with your order, provided we have not starting making your products, in which case you may not cancel.
6. Our rights to end the contract
We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you do not, within a reasonable time, send your original covers to us or allow us to deliver the products to you or collect them from an agreed location us.
If we end the contract in the situations set out in clause 6.1 we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract. If we have already commenced manufacture of the products then this may be the full price of the product paid or payable by you.
7. Your Legal Rights
We are under a legal duty to supply products that are in conformity with the contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
- up to 30 days: if your item is faulty, then you can get a refund. However, this does not apply if the fault is that they do not fit because you supplied us with inaccurate measurements
- after 30 days but up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- after six months but up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
If you wish to exercise your legal rights to reject products you must either return them to us in their original packaging or (if they are not suitable for posting) allow us to collect them from you. We will pay the reasonable costs of delivery or collection if your claim is upheld.
If you feel the products do not meet the required quality standard, you can make a claim under our warranty instead of rejecting them (see clause 8.4 below).
8. Our Goodwill Warranty
We warrant that on delivery, and for the duration of 36 months from the date of delivery, the products will correspond with their specification, be free from material defects in design, material and workmanship, and be of satisfactory quality
Our warranty in clause 8.1 does not apply to any defect arising from fair wear and tear, wilful damage, negligence or misuse or alteration of the goods by you or any third party without our approval.
We shall be under no liability under the above warranty (or any other warranty or condition) if the total price for the products has not been paid by the due date for payment.
In the unlikely event that the products do not conform with the contract, please let us know as soon as possible after delivery. Once we have carried out an inspection of the products to check they are faulty or not carried out with reasonable care, we will (at our sole option) either, replace or repair the products, re-perform the services or provide you with a full or partial refund.
If you wish to claim under our warranty, you must return the products to us for inspection, after notifying us of your intention to do so, to an address confirmed by us (or, if not notified, to the address detailed on the front page (Brookhouse Mill, Old Lancaster Lane, Preston PR1 7PZ)).
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01772 901507 or write to us at email@example.com or Brookhouse Mill, Old Lancaster Lane, Preston, PR1 7PZ.
9. Price and payment
The price of the product (which includes VAT where applicable) will be the price indicated on our website when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 2.3 for what happens if we discover an error in the price of the product you order.
We accept payment on our site by credit/debit card. You must pay for the products before we dispatch them.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of HSBC Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
10. Our responsibility for loss or damage
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 7.1; and for defective products under the Consumer Protection Act 1987.
We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under the contract that is caused by events outside our control. Our obligations under the contract shall be suspended for the period that such an event continues and we will have an extension of time to perform our obligations for the duration of that period. We will take reasonable steps to bring the event to a close or define a solution by which our obligations under the Contract can be performed despite the event.
If you are a consumer, we only supply the products for domestic and private use and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If you are a business customer we will have no liability to you for any loss of profit, loss of business, business interruption or any indirect or consequential loss arising out of this contract. Our total liability to you in respect of all other losses arising out of this Contract shall in no circumstances exceed the total price paid by you.
11. How we may use your personal information
12. Other important terms
We may transfer our rights and obligations under these terms to another organisation.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use https://www.thefurnitureombudsman.org/. You can also submit a complaint to the European Commission Online Dispute Resolution platform for online resolution.
These terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the products in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish courts or the courts of English and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the courts of England and Wales.