Terms and Conditions of Trading – Home of the Sofa Limited
These Terms and Conditions apply to all consumer contracts between Home of the Sofa Limited, our subcontractors (“us/we/our”) and the Customer (“you/your”) in relation to all sales of goods and services. Special Terms and Conditions apply to sales from our Clearance Range (as set out in Clause 10) and to purchases made via our website.
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 Goods supplied may differ from those on display or advertised or from those seen on a swatch or sample. Unless agreed with you, the goods supplied will be of equivalent value, functionality and appearance. Any significant variations will be highlighted.
1.3 Some furniture is made from or comprises natural wood, some woods will mellow with age and exposure to sunlight.
1.4 Leather goods are made from quality natural leather and may not always 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.
1.5 We will endeavour to match the colour and texture of the covering on your chosen product to the samples you selected as accurately as possible, natural variations in colour, density, shading and texture may occur due to the raw materials used and the production process.
1.6 Some self-assembly may be required on certain products such as corner groups, bolt together sofas and those with bolt on and/or detachable arms and feet.
2.1 It is your responsibility to ensure that the furniture ordered will pass freely into your room of choice. If you are unsure please check accessibility of the room and the position at which the item(s) will be situated.
Refer to Section 5.3 for more information.
2.2 Please note that the delivery charge includes no allowance for the removal of doors, windows or other fixtures unless specifically stated in the special instructions section on your order form.
2.3 Measurements supplied by customers for bespoke items are done so at their own risk. Home of the Sofa can hold no responsibility for errors made by customers.
2.4 The measurements of all upholstery and furniture we sell are intended as a guide and are approximate.
All prices are inclusive of VAT at the prevailing rate and are subject to promotional offers or discounts where applicable.
4.1 You can order in-store, over the phone or by post.
4.2 In the case of most goods, a minimum deposit of 50% (or lower at the companies discretion) of the total amount payable is required to be paid on all orders placed. Some goods will require payment in full at the time of purchase.
4.3 We will contact you as soon as possible to advise you of your estimated delivery date and at this time the balance of any monies due will be payable. Once we have received the balance of any monies due in cleared funds we will confirm your actual delivery date.
4.4 We accept payments by most major credit, charge and debit cards issued in the UK. You can also pay also by cash or by cheque made payable to Home of the Sofa Limited.
The total amount payable by you is the same regardless of payment method.
5.1 We offer a variety of delivery options to suit your individual needs. We will contact you to arrange a delivery date when your furniture is ready and the balance of any monies due has been paid. We 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, we will make a charge for storing the furniture beyond this point, which is payable in advance and 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 storage charges payable.
5.2 We will deliver your goods on weekdays to any mainland Great Britain address. We can also deliver to Northern Ireland or at the weekend by special arrangement, these costs will be calculated separately. We do not deliver to the Republic of Ireland or exports goods outside the UK. Delivery charges are as follows:
i) Standard deliveries within a 20 mile radius of the Home of the Sofa showroom £25.
ii) Standard deliveries within a 100 mile radius of the Home of the Sofa showroom £95.
iii) Standard deliveries within a 200 mile radius of the Home of the Sofa showroom minimum charge £145.
iv) Standard deliveries beyond a 200 mile radius of the Home of the Sofa showroom will be agreed at the point of sale, maximum charge £195.
v) Delivery is free on orders over £2,500 in value for all England mainland postcodes.
Our standard delivery option is driver only, for large, bulky or heavy items the driver will require help to unload and position your goods. If you are unable to do this there is an additional charge of £50 on top of our standard delivery cost.
Delivery charges are calculated on the total value of your order and customers ordering one or more items in a single order will only be charged once. For upholstery and furniture orders you will be advised of the minimum lead time at the point of ordering. Your order may arrive any time between 9am and 6pm. We reserve the right not to deliver orders if we believe the address is not secure, for example a communal postal address or PO Box. If this affects your order we will notify you.
5.3 Your upholstery will be made to order. Before ordering upholstery or furniture check the dimensions of internal and external access points including doors, corridors, stairs and corners against your intended purchase to ensure access is possible. By default goods will be delivered to the ground floor but where possible and practical Home of the Sofa will make reasonable endeavours to deliver to a 2nd or 3rd floor. Confirming and maintaining accessibility is the responsibility of the customer.
5.4 On the day of delivery, please ensure that the delivery driver can gain easy access to the room that the piece(s) are going into and that the area you want the furniture placed is cleared. Our delivery driver will unpack your furniture, install it in the room of your choice subject to the conditions in clause 5.3 and remove all packing materials from your home and recycle wherever possible, we are not able to take away your old furniture. To ensure you are completely satisfied with your furniture the delivery driver will ask you to sign an acceptance form when your furniture installation is complete.
5.5 Sundry items are available for collection from our shops and must be collected within 7 days, otherwise we reserve the right to refund your monies and retain the deposit without further obligation to you.
5.6 Any changes made by you to the content of your order may impact on the total cost and your delivery date.
5.7 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.
5.8 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.
5.9 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 cancel your order and refund your payments less your deposit, delivery charges and an administration fee of £50.
5.10 If we accidentally damage goods in the course of delivery, then our liability for that damage is limited to the repair, refund or replacement of the goods or the value thereof.
5.11 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 Home of the Sofa or delay due to any reasonable rescheduling of delivery.
5.12 Delivery lead times may be extended leading up to and/or over public holidays.
6. Returns and Refunds
6.1. Upholstery and Furniture Products
Our upholstery products are made to order specifically for your needs and once ordered from our collection your order may not be cancelled. For all other furniture orders you have the right to cancel the order up to 14 days before the delivery date however, if you do so, we shall retain the deposit, together with an administration charge of £50. Once delivered no furniture may be returned nor will we provide any refund unless it is defective or has been accidentally damaged by us in the course of delivery. This does not affect your statutory rights.
6.2. Non Upholstery or Furniture Products
We will be happy to refund or exchange a product provided it is in a fully re-saleable condition. Returns should be made within 10 days and in their original and undamaged packaging with all associated components. If we deem that the product has not been returned to us in fully re-saleable condition we reserve the right to refuse a refund on the item or deduct up to 30% of the original selling price from the refund amount. We reserve the right to refuse refunds for failure to meet the above criteria. Remember to include proof of purchase. This above does not affect your statutory rights.
7.1 The provisions of this clause apply in addition to your statutory consumer rights in relation to faulty or misdescribed goods. These rights are not affected by the guarantee.
7.2 For the purpose of Clause 7 the guarantor is Home of the Sofa Limited.
7.3 The majority of our upholstery products carry a 10 year guarantee against faulty workmanship and/or faulty materials, the guarantee starts from the date of delivery and offers` cover against manufacturing defects on the frame and spring construction. Cushion fillings and fabric/leather coverings are excluded from this guarantee.
For other upholstery products the same guarantee is offered but is limited to 5 years and we offer a 2 year guarantee for reclining sofas and chairs. All products and accessories detail which guarantee is applicable and some of these are underwritten by the manufacturer. It is your responsibility to fill in and register any guarantee cards for items such as clocks, lights and other accessories and return these to the manufacturer.
7.4 Guarantees are not transferable and are limited to the original product purchaser. The guarantee applies to mainland Great Britain only.
7.5 These guarantees do not cover fair wear and tear, neglect, misuse or abuse 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.
8. Claims Under Guarantee
8.1 In the event of a claim under guarantee occurring, please contact Home of the Sofa with the following information: – sales order number, address, full contact details and a brief summary of the problem. Claims should be submitted by post to the address below enclosing Proof of Purchase. We will acknowledge receipt of this within a maximum of 7 days from arrival.
8.2 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 refund.
8.3 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.
8.4 Our guarantees are limited to goods sold and retained in mainland Great Britain, and used solely for private and domestic purposes.
8.5 For any queries, claims or disputes relating to the condition of the products at point of delivery or within the guarantee period we reserve the right to refer and manage these in conjunction with The Furniture Ombudsman (TFO) a division of FIRA. The independent TFO dispute resolution service is administered by adjudicators and recognised by the European Commission. Home of the Sofa is a TFO Full Member, membership number 3018.
9. Fabric Protection
9.1 Details of our different fabric protection schemes are available on request, separate terms and conditions apply.
10. Clearance Range
The following Terms and Conditions apply only to purchases from our Clearance Range. In the event of conflict, these Terms and Conditions set out in this clause 10 prevail.
10.1 Payment must be made in full at the time of the purchase.
10.2 Purchases will be delivered within 14 days from the date of purchase. You will be notified of the delivery date as soon as possible after the time of purchase. You will be notified of the delivery charges at the time of your purchase. You may with the consent of the shop arrange for collection of the goods yourself.
10.3 Clearance items including ex-display, discontinued products and one off items are all ‘Sold as Seen’. It is your responsibility to thoroughly inspect the goods prior to purchase. No refunds will be given, unless the goods are faulty. This does not affect your statutory rights.
All products are supplied subject to availability. We reserve the right to refuse to supply any individual or company. You must be over 18 years of age to order
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service. We will not Email you in the future unless you have given us your consent. We will give you the chance to refuse any marketing email from us and we do not share any of your personal information with other companies.
The type of information we will collect about you includes: Your Name, Address, Phone number, Email address. We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our consent with our internal security policy and the law.
If you have any questions/comments about your privacy and any details we may hold about you, you can contact us via firstname.lastname@example.org
13. 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. If you require any additional information relating to our Terms and Conditions please contact us by post, phone or Email at: Home of the Sofa Limited 58 Birmingham Road Stratford-upon-Avon Warwickshire CV37 0BE 01789 294003 Email: email@example.com