Terms and Conditions

1. DELIVERY

1.1 Delivery Times (Mainland UK Orders)

1.1.1 Whilst we will use our reasonable endeavours to deliver the goods in the timescale advised to you, unexpected delays may occur in the supply chain and therefore we cannot guarantee that this timescale will be met.

1.2 Delivery Process (Mainland UK Orders)

1.2.1 The dimensions of the Goods quoted in our sales literature in all published formats are a guide only. There can be minor variations in the dimensions of the finished goods due to the handmade nature of the products. If you are in any doubt as to whether access is going to be adequate, we advise you to speak with a member of our sales team. It is the Customers responsibility to ensure that the goods will fit through relevant doors and passageways of the delivery address.

1.2.2 In the event of any damage being caused during the delivery process, the delivery team must be made aware of any damage before they leave.

1.2.3 The onus to protect the Customer’s property at the 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.

1.3 Delivery Costs (Mainland UK Orders)

1.3.1 The charge for a Standard Delivery is as shown on the confirmation order.

1.3.2 A Standard Delivery is a delivery made Monday to Friday to a ground floor room at an address in mainland UK.

1.3.3 Deliveries to remote Scottish regions may incur an additional delivery charge which will be advised on the order confirmation.

1.3.4 Deliveries that are not through a door at ground floor level and/or which involve the use of winches or similar equipment or are through windows or across terraces will need to be arranged by The Customer.

1.4 Delivery Process & Costs (Export)

1.4.1 International shipping can be arranged by the customer or we will arrange on the customer’s behalf.

1.4.2 Packaging suitable for export is compulsory and will be made especially to fit the items.

1.4.3 Insurance for damage to or loss of the items in transit is compulsory.

1.4.4 Acceptance of a specific shipping quotation, insurance and packaging cost must be confirmed by the customer in writing prior to the manufacture of the goods.

1.4.5 Delivery by the shipper will be to either the “customer’s address” or “docks only” whichever is specified on the original quotation.

1.4.6 “Customer’s address” deliveries should be treated as a kerbside delivery and the customer must arrange for the items to be unpacked and placed in the property concerned. Disposal of the packaging is the responsibility of the customer.

1.4.7 “Docks only” deliveries are delivered to the docks or port only prior to clearing customs.

1.4.8 Customers full contact details will be provided to the shipper who should then be the customers’ first point of contact for the progress of the shipment.

1.4.9 In the event you receive a damaged consignment you must write on the delivery note that the packaging is damaged and also if possible take a photograph. If on opening the consignment the goods inside are found to be damaged, please photograph the item whilst in the packaging. All instances of damage must be reported by email within 24 hours of delivery.

1.4.10 In the event of any damage being caused during the delivery process, the delivery team must be made aware of any damage before they leave.

1.4.11 For the purpose of any returns, if the goods were originally delivered in specialist packaging, then this should be retained for the same use at collection. If not available and new packaging has to be sourced, then this will be at the cost of the customer.

2. PAYMENT

2.1 Sales

2.1.1 A 20% deposit is required on all orders. Deposits are refundable until orders have entered the Production Phase; the term ‘Production Phase’ refers to the construction of frames, cutting of materials such as, but not exclusive to: leather, fabric, glass and wood. See section 4 of this document for more detailed information.

2.1.2 The balance payment is due prior to delivery.

3. SPECIFICATION AND QUALITY

3.1 Sizes

3.1.1 Goods are manufactured to be within reasonable commercial standards of tolerances for goods of their type and there can be minor variations in the dimensions of the finished goods as compared to any dimensions given in sales literature. We, therefore, allow a 5cm or 5% manufacturing tolerance, whichever is greater.

3.2 Weight Limits

3.2.1 Please note that all Manual and Electric recliners have a weight limit of 18 Stone/252 Pounds.

3.3 Quality & Care

3.3.1 Each of the items that we produce is individually handmade. There can be minor variations in colour, size and appearance between the goods and items displayed in our showroom, in our advertising literature, on our web site and in our advertisements. PLEASE NOTE: due to differences in the way individual monitors, screens and devices present photographs, the images displayed on our website are for illustration purposes only, and should not be used as an accurate guide to colour representation.

3.3.2 Every piece of leather is unique. Each and every hide is hallmarked with its own character and qualities. Such hallmarks include growth lines and scars. These hallmarks are a testament to the natural origin of the product and should not be regarded as a defect or fault. Also, each hide has variations in the texture of the grain and shade variations within and between hides. For the discerning owner, such hallmarking has long been considered one of leathers principal attractions. It is also quite normal to expect crease lines and some stretching to occur particularly on cushion tops. We are unable to accept the return of goods based on the complaint of trivial natural marks, scars or stretching that a reasonable person aware of leathers natural characteristics would expect.

3.3.3 We reserve the right without affecting our liabilities to you to make minor technical changes to the specification of goods, provided that the changes do not materially affect the use, quality, appearance or performance of the goods. There will be no price adjustment on account of specification changes.

3.3.4 All items within an order are made from the same batch of fabric/leather to ensure colour match, however as batches may vary we cannot guarantee colour match or the future supply of materials for items ordered at different times.

3.3.5 If an order is made in fabric/leather supplied by the customer then it is the customer’s responsibility to ensure the fabric/leather involved meets all the relevant specifications and legal regulations with regard to flammability.

3.2.6 Certain polishes and air freshener sprays can cause damage to leathers/fabrics and all such products should be used well away from fabric/leather-covered furniture.

3.3.7 The Antique Effect finish that is used on some leathers is produced by overlaying two different dyes and florenteak top-coats to create an artificially aged look. It can be expected that everyday usage abrasion will accentuate this colour change and is an inherent feature of this kind of leather finish.

3.2.8 A reduction in the firmness of fillers and the movement of pleats is to be expected and therefore not considered as a fault.

3.3.9 Certain medications can cause abnormal amounts of excretions from the skin which in turn can adversely affect the surface of some fabrics/leathers. The gauge for fabrics/leather’s suitability for purpose will always be the relevant European Production Standards applicable.

3.3.10 Exposure to both direct and indirect sunlight will affect all fabrics/leathers in different ways and fading is the usual result.

4. CANCELLATIONS / REFUNDS

4.1 Distance selling regulations apply to your order if the goods have not been custom made to your specification; 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.

4.2 We are prepared to accept the return of Goods that are not faulty, in new condition and are otherwise in conformity with the contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 subject to the following conditions.

4.3 If you wish to return non-faulty Goods, you must notify us within 28 days of delivery or 14 days for trade purchases, by email at [email protected] or by telephone on 01706 211 182 or by letter or by completing and sending to us our cancellation form which will be enclosed with a paper or electronic copy of these terms and conditions which are sent along with your order confirmation.

4.4 The goods must not have been personalised to your requirements i.e. bespoke. A personalised order is one that has been made especially for the customer and which does not feature as a Standard Item within our website or sales literature. Our Standard Items are pieces of furniture that are made to the following specification:  from the Bolton collection Antique Brown Leather covering, Oxidised Studs, Mahogany Feet/Legs. Any deviation from this specification will be deemed a bespoke item. In addition, orders made with fabrics/leathers supplied by the customer are classed as personalised. If these conditions are satisfied, then you are entitled to a refund under the Regulations in 4.1. We will either make a refund or if you prefer, we will make an exchange.

4.5 In the case of an exchange, any price adjustments will be made as per the price list relevant at the time of the original order. A delivery charge will apply to the re-delivery. Our 28-day money-back guarantee does not apply to exchange orders. However, this does not affect your statutory rights.

4.6 In the case of a refund, for UK mainland deliveries, we will arrange to collect the goods and refund the total price paid for the goods together with the cost of delivery. We will arrange to have the goods collected, but you will be liable for the cost of that collection. In the case of a Mainland UK collection, this cost will be equal to that of the original delivery. If the delivery was free the collection charge will be equal to our standard delivery charge for the goods purchased. In the case of an export collection, a standard £110 delivery charge will be refunded along with the total price paid for the goods, but you will be liable for the cost of that collection. The cost to collect will depend upon the most cost-effective quotation from a suitable shipper and may be more than the original delivery cost.

4.7 If the goods were originally delivered in specialist packaging then this should be retained for the same use at collection. If not available and new packaging has to be sourced, then this will be at the cost of the customer.

4.8 The furniture must be accessible to the delivery team. Chesterfield Sofa Company Limited will not be liable for costs incurred where normal access was not possible.

4.9 Any costs attributable to the customer will be deducted from the full refunded amount.

4.10 If a bespoke order is cancelled prior to delivery, we reserve the right to withhold some, or all monies already paid to cover any costs incurred up to that point.

4.11 Any order where a non-standard leather or fabric has been selected if cancelled, may incur a restocking fee of up to 100% of the cost of the leather/fabric.

4.12 If an order for a non-standard leather or fabric is changed to an alternative leather or fabric, a restocking fee of up to 100% of the cost of the leather/fabric may be incurred.

4.13 In instances where we are providing a paid repair service. You have the right to cancel this service up to the agreed collection or home visit date, which would normally be more than 14 days from when the service was requested. Unless you specifically agree to an earlier date.

4.14 Cancellations may incur an admin fee to cover any banking charges we may have received.

5. GUARANTEES / PAID REPAIR SERVICE

5.1 The internal wooden frames of our furniture, excluding items with moving parts (including, but not limited to – recliners and office chairs), are guaranteed against faulty materials and workmanship, allowing for fair wear and tear for a period of 10 years from the date of receipt. All other parts, including leather, fabric, springs, foam, wooden plinths, polished wood and all types of feet and legs are guaranteed against faulty materials and workmanship, allowing for fair wear and tear for a period of one year.

5.2 Fabrics/leathers supplied by the customer are not covered by our guarantees and the customer should ensure that they are fit for purpose.

5.3 All guarantees apply to the original purchaser.

5.4 Our 10-year frame guarantee and 1-year faulty materials and workmanship guarantee applies to mainland UK only. Trade and export order guarantees are 1 year on both frame and faulty materials and workmanship. Our warranties are provided for domestic end users only. Goods purchased for commercial use are covered by a 1-year warranty. It is the responsibility of the business to ensure that the products purchased meet the standards required for the environment in which they will be used.

5.5 As a consumer you have certain rights regarding defective goods and this guarantee is given in addition to and not in substitution of your statutory rights.

5.6 During and after your guarantee you can purchase replacements parts for your furniture. Such additional purchases are guaranteed for 12 months.

5.7 Your guarantee does not cover deliberate damage, misuse, wear and tear or damage caused due to a failure to maintain the product with the use of recommended care products.

5.8 Any required remedial work will be carried out by an expert technician within our factory. The arrangements to collect and return will be planned with our standard transport schedules. The furniture must be accessible to the delivery team. Chesterfield Sofa Company Limited will not be liable for costs incurred where normal access was not possible.

6. IN-STOCK FURNITURE

6.1 In stock pieces are ex-display furniture, customer cancellations and returns. The furniture is reduced to reflect this and may not be in new condition. All in-stock pieces are re-processed through our quality control team and will be free from major defects but will invariably be in a condition representative of its use to date.

7. TITLE TO GOODS

7.1 You acknowledge that before placing your order you represented and warranted to us that you are not insolvent and have not committed any act of bankruptcy, or, being a company with limited or unlimited liability, know of no circumstances which would entitle any debenture holder or creditor to appoint a receiver, to petition for your winding up or exercise any other rights over or against your assets.

7.2 Title in the goods shall pass upon payment of the whole of the price of all the goods in the order (including any interest accrued on the price) and until then all the goods shall be and remain our sole and absolute property as the legal and beneficial owner.

7.3 Until the title passes in accordance with conditions in 7.2, you will be in possession of the goods solely as the bailee of the company.

7.4 Until title in the goods has passed in accordance with condition 7.2 you will not remove alter or deface any identification sign mark label or a serial number of ours.

8. RISK AND INSURANCE

8.1 Goods supplied by us shall be at your sole risk as soon as they are delivered to the delivery address and it shall be your responsibility at your own cost to insure the goods in their full reinstatement value against all usual risks and to properly keep them until title has passed.

9. LIABILITY

9.1 If you are a consumer, nothing in these terms and conditions shall exclude or purport to exclude your statutory rights arising from dealing with us as a consumer.

10. PRIVACY

10.1 As of the 25th of May 2018, The General Data Protection Regulations mean that you have greater control over how your data is used and kept. We aim to be as transparent as possible when it comes to your data, Chesterfield Sofa Company Ltd will never pass on your details for other companies to contact you. This protects you from receiving unwanted post, emails, and telephone calls.

10.2 We will only use the information that we collect about you lawfully in accordance with the EU General Data Protection Regulations (GDPR), Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003.

11. WEBSITE

11.1 Commercial reproduction, distribution or transmission of any part or parts of the website or any information contained therein by any means whatsoever without the prior written permission of Chesterfield Sofa Company Limited is not permitted. The website and all intellectual property rights in its design, text, graphics and the selection and arrangement thereof belong to Chesterfield Sofa Company Limited or its licensors. The trademarks, logos and trade names on the website belong to Chesterfield Sofa Company Limited.

11.2. 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; we highly recommend that you request sample swatches prior to making proceeding with your order.

11.3 The images used on our website and literature are an accurate representation of the furniture you will receive. However, we reserve the right to amend the design of our furniture without prior notice; this will typically be in the interest of product improvement.

11.3. 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.

11.4. 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 the information contained on the website.

11.5. 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.

11.6. 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 Chesterfield Sofa Company Limited and you, the laws of England and Wales will apply at all times.

12. MISCELLANEOUS

12.1 Each of our remedies is a separate remedy and operates without prejudice to any other remedy.

12.2 Any payment or reimbursement to be made by you under our contract with you or under these Terms and Conditions shall bear interest (both before and after judgment) from the date the payment or reimbursement fell due until payment is made. Interest is at the rate 4% above the base rate from time to time of Barclays Bank plc.

12.3 Any notice agreement approval or decision of ours under these Terms and Conditions shall be in writing and no person dealing with or handling the goods or providing services other than us has any right or authority to bind us in any way or to assume on our behalf any obligation express or implied.

12.4 Each of these Terms and Conditions shall be severable and distinct from one another and if one or more of such provisions is invalid or unenforceable the remaining Terms and Conditions shall not in any way be affected.

12.5 None of these terms and conditions affects your statutory rights and in case of conflict between these terms and conditions and your statutory rights, your statutory rights will prevail.

12.6 If you are two or more persons then your obligations shall be joint and several.

12.7 Any failure by us to enforce any of the Terms and Conditions or any delay in enforcing them shall not constitute a waiver of those Terms and Conditions.

12.8 We and you agree that persons who are not parties to the contract we make with you shall not be entitled by virtue of the Contracts (Rights of Third Parties) Act 1999 to the benefit of the contract or be entitled to enforce any of its terms.

12.9 These Terms and Conditions shall be governed by and construed in accordance with UK law and you hereby submit to the non-exclusive jurisdiction of the UK Courts.