Terms and Conditions of Sale
DELIVERY
Delivery Times
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 and do not accept liability for any such delay.
When the Goods are ready for delivery, we will contact you to arrange a delivery date. We normally expect that within 72 hours of us notifying you that the Goods are ready for delivery, you will agree with us a delivery date. If delivery is delayed by you to a date more than 14 days after we notify you the Goods are ready for delivery, whether because you are unable to agree an earlier delivery date or because delivery cannot be effected due to inadequate access, we will charge you for storage and insurance costs at the daily rate then current until the Goods are delivered.
We will use our reasonable endeavours to deliver the Goods on the agreed date or such later date as you may subsequently request and we agree to, but we will not be liable for any loss or damage of any kind caused either directly or indirectly by any delay in meeting delivery dates and nor will you be entitled to repudiate the contract and reject the Goods due to delay in delivery.
Delivery Process – UK deliveries
The Goods will be placed in the room you have selected, unpacked and the packaging removed from site. However, the Goods will not be placed in the specified room if this is not feasible due to difficulties of access or if the room has not been cleared to allow sufficient space for the Goods to be manoeuvred into and placed there.
If access to the property is inadequate to allow the Goods to be delivered safely and securely or at all or if the means of access is not as we had expected it to be, then the delivery team will inform you that delivery cannot be effected and Goods will be returned to the warehouse until adequate access is arranged or until we cancel the contract under clause 1.4.1.
The dimensions of the Goods are quoted in our sales literature in all published formats but are a guide only as there can be minor variations in the dimensions of the finished goods. If you are in any doubt as to whether access is going to be adequate, we advise you to make an Access Request.
Delivery is to ground floor of the property only. It is the customer’s responsibility to ensure that the furniture will fit into the property. It is the customer’s sole responsibility to ensure the products ordered will fit in the intended room(s).
Any damage to your property caused by the delivery team is to be reported to us within 12 hours of delivery. We cannot consider claims made outside this period.
If delivery cannot be achieved due to inadequate access or due to you or your authorised representative being in attendance but refusing delivery for any reason or if there is no one in attendance to accept delivery, or if delivery costs arise that you do not pay then the Goods will be returned to the warehouse and stored and you will incur an additional charge in respect of the failed delivery equal to 15% of the price of those Goods that have not been delivered.
The delivery team will ask you to sign a receipt for delivery of the Goods.
Unless otherwise agreed, we will not be liable for costs of transporting Goods outside of the UK and will not be liable for any costs incurred or associated with storage and return from abroad even if the Goods are damaged or defective in some way.
We will not be liable for any loss of income or other losses you incur in connection with your attendance, or the attendance of your authorised representative, to take delivery of the Goods.
Delivery Costs
The charge for a Standard Delivery varies on dimension – please refer to the shipping tariff.
A Standard Delivery is a delivery made Monday to Friday (excluding Bank Holidays) to a destination other than a Special Destination, as defined below, and where delivery is to a basement, ground, first or second floor and access is through a door at ground floor level.
Special Destinations are the AB, PA, IV and KW postcodes, Northern Ireland, Isle of Man, Isle of Wight, the Scottish Highlands and the Channel Islands. In these cases an additional delivery charge will be incurred which will be advised to you prior to confirmation of your order.
Delivery to other destinations in the world is available on request and with prior agreement of the charges.
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 incur additional charges to be agreed before delivery.
Deliveries to each floor above the second floor are charged (in addition to the Standard Delivery charge)at our then current rate per floor per item, these costs being payable to the delivery company at the time of delivery. Access Request Inspection and Report: The then current rate payable to the delivery company when the report is given to you.
Failed Delivery
If after we have agreed a delivery date with you, you request a delivery date which is more than two months after the date we have advised you is the earliest date we can deliver or the Goods cannot be delivered by the date two months after the date we have advised you is the earliest date we can deliver due solely to inadequate access, delivery being refused by you, or there being no one in attendance to accept delivery, or if the means of access is not as we had expected it to be then we may decide to cancel the contract and:
If a deposit has been paid, retain any deposit paid to us and neither party shall have any further liability under the contract except that you shall reimburse us for any loss cost or expense resulting from such cancellation, including the cost of any materials, plant or tools used or intended to be used in connection with the Order, the cost of labour and other overheads and administrative costs attributable to such cancellation to the extent that such loss cost or expense exceeds the deposit; or.
If the price of the Goods has been paid in full, return to you 85% of the price of the Goods and neither party shall have any further liability under the contract.
PAYMENT
Sales
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.
The balance payment is due prior to delivery.
SPECIFICATION AND QUALITY
Sizes
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.
Weight Limits
Please note that all Manual and Electric recliners have a weight limit of 18 Stone/252 Pounds.
Quality & Care
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.
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.
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.
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.
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.
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.
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.
A reduction in the firmness of fillers and the movement of pleats is to be expected and therefore not considered as a fault.
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.
Exposure to both direct and indirect sunlight will affect all fabrics/leathers in different ways and fading is the usual result.
Damage and Defects
If the Goods are delivered damaged or faulty or are otherwise incorrect, you must notify us within 24 hours of delivery and we will arrange to inspect the Goods and if they are found to be damaged, faulty or incorrect we will repair or replace them as appropriate and arrange for the repaired or replaced Goods to be delivered to you at no additional charge. Your notification under this clause should be put in writing and sent by email to sales@handmadechesterfieldsofacompany.co.uk.com or by letter delivered to our office.
Slight Variations
Please note due to the manufacturing process and the lighting in our photography studio some products may differ slightly from the imagery on our website.
We also reserve the right to make alterations as to ease the manufacturing process and where we feel necessary.
CANCELLATIONS / REFUNDS
We will accept the cancellation of an order subject to the following conditions:
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.
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.
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 sales@handmadechesterfieldsofacompany.co.uk or by letter.
The Goods must not have been made to your specification or otherwise personalised to your requirements, and 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 above. We will either make a refund or if you prefer, we will make an exchange.
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.
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.
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.
The furniture must be accessible to the delivery team. The Handmade Chesterfield Sofa Company will not be liable for costs incurred where normal access was not possible.
Any costs attributable to the customer will be deducted from the full refunded amount.
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.
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.
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.
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.
Cancellations may incur an admin fee to cover any banking charges we may have received.
If you wish to cancel the order and have not seen the Goods in our showroom before placing your order, you must notify us of your wish to cancel no later than 7 days from receipt of your order, by email at sales@handmadechesterfieldsofacompany.co.uk.com by telephone or by letter delivered to our showroom.
The Goods must have been delivered to an address within the United Kingdom.
If these conditions are satisfied, we will refund the price of the Goods and the refund will be paid to you within 30 days of the date of cancellation. Your refund will be the price of the Goods and the cost of Standard Delivery less any additional delivery costs and Access Requests Inspection and Report costs.
If you cancel, you are obliged to take reasonable care of any Goods delivered to you, which must be kept in a never been used condition.
If the Goods have been delivered by the date of cancellation, you must return the Goods to our showroom at your cost and at your risk within 21 days of cancellation but in lieu of that obligation, we will collect the Goods from you by arrangement within 21 days of cancellation. You will be responsible for the collection costs we incur.
Where order payments have been made via one of our debit/credit card processors, a charge may be made to provide you with a refund. This is to cover the charges made by our providers to process the refund.
GUARANTEES / PAID REPAIR SERVICE
The internal wooden frames of our furniture, excluding items from our occasional range, 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.
Fabrics/leathers supplied by the customer are not covered by our guarantees and the customer should ensure that they are fit for purpose.
All guarantees apply to the original purchaser.
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.
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.
During and after your guarantee you can purchase replacements parts for your furniture. Such additional purchases are guaranteed for 12 months.
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.
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. The Handmade Chesterfield Sofa Company Limited will not be liable for costs incurred where normal access was not possible.
IN-STOCK FURNITURE
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.
TITLE TO GOODS
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.
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.
Until title passes in accordance with condition 4.2 you will be in possession of the goods solely as the bailee of the Company.
Your right to possession of the Goods shall cease if you commit an act of bankruptcy or go into liquidation (other than for the purpose of amalgamation or reconstruction whilst solvent) or suffer the appointment of an administrative receiver or an administrator or enter into a composition or arrangement with your creditors.
If you fail to make any payment due to us within 7 days of it falling due, we shall be entitled to recover and resell the Goods comprised in the Order or any of them (regardless of whether a previous part payment has been attributed to certain Goods) and for that purpose may enter upon the premises where they are kept. If the proceeds of resale exceed the costs of recovery and resale such excess shall be allowed against our claim for the unpaid price.
Until title in the goods has passed in accordance with condition 4.2 you will not remove alter or deface any identification sign mark label or a serial number of ours.
If you sell on our Goods before title in them has passed from us, the entire proceeds of the sale of the Goods shall be held by you on trust for us and placed in a separate account identified as our monies and until you receive such sale proceeds you shall hold on trust for us your rights against the person to whom the Goods were sold and will assign those rights to us on request.
RISK AND INSURANCE
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.
LIABILITY
Without prejudice to condition 6.3 our liability for breach of contract shall not exceed the invoiced value of the Goods to which the Order relates and we shall not be liable for loss of profits loss of revenues loss of anticipated profit loss of goodwill loss of amenity or use or any type of special indirect or consequential loss.
Without prejudice to condition 6.3 our liability for damage to property caused by negligence or otherwise shall not exceed [this should be your third party liability insurance limit of cover, or less if you prefer] and we shall not be liable for loss of profits loss of revenues loss of anticipated profit loss of goodwill loss of amenity or use or any type of special indirect or consequential loss.
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.
WEBSITE
The website on which these terms and conditions appear is the website of The Handmade Chesterfield Sofa Company. 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 The Handmade Chesterfield Sofa Company is not permitted. The website and all intellectual property rights in its design, text, graphics and the selection and arrangement thereof belong to The Handmade Chesterfield Sofa Company or its licensors. The trademarks, logos and trade names on the website belong to The Handmade Chesterfield Sofa Company.
Pricing Disclaimer
All prices on this web site are subject to change without notice. Whilst we make every effort to provide you with the most accurate, up-to-date information, occasionally, one or more items on our web site may be mis-priced. In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, The Handmade Chesterfield Sofa Company shall have the right to refuse or cancel any orders placed for any product listed at the incorrect price.
MISCELLANEOUS
Each of our remedies is a separate remedy and operates without prejudice to any other remedy.
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 The Bank of England.
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.
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.
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.
If you are two or more persons then your obligations shall be joint and several.
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.
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.
To the extent permitted by law, we shall not be liable for any misrepresentation arising from printing or clerical errors, statements by third parties accepted by us in good faith and repeated by us, or for any other representations not confirmed by us in writing.
Distance Selling Regulations – As all our products are made-to-order, “supply of goods made to the customer’s own specification such as custom-made blinds or curtains” [www.oft.gov.uk], none are governed by the Distance Selling Regulations.
These Terms and Conditions shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English Courts.
The headings to these Terms and Conditions are for convenience only and are not intended to form part of these Terms and Conditions