Soft Furnishings US – Page 5 – sophieconran

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Table of Contents 1. These Terms 2. Interpretation 3. Customer location 4. Furniture Products specifications 5. Prices 6. Payments 7. Delivery 8. Risk and title 9. Our furniture Removal service 10. Cancellations and Returns 11. Customer Own Materials 12. Guarantees 13. Fabrics 14. Our liability 15. Other services 16. Website purchases 17. Clearance sales 18. Sale items 19. Promotions 20. Faulty goods 21. Privacy 22. Copyright and trademark 23. Rights of third parties 24. Applicable law and jurisdiction Sophie Conran Shop, (hereafter referred to as www.sophieconran.com) is registered under SC4AH Limited, company no. 04802838, VAT Number: 317013837. Registered office: Salisbury House, Station Road, Cambridge, CB1 2LA. For correspondence please contact us at customerqueries@sophieconran.com 1. These Terms 1.1. These Terms and Conditions of Trading (‘Terms’) apply to all contracts between www.sophieconran.com and/or our subcontractors (‘us/we/our’) and the customer (‘you/your’) in relation to all sales of our products and services. 1.2. By accessing and using our Website you agree to the terms contained in our Terms of Website Use. If you do not agree with or accept any of these terms, please stop using the website. 1.3. Any order you place with us is accepted only once a written sales order confirmation (by email, post or in person) has come through. 1.4. When you place an order, we will require your name, email address, credit/debit card, phone and address details. This information is required in order to process your request or inform you of acceptance of our order. A contact phone number is needed so that we can get in touch if there is a problem with your order. We may, unless you inform us otherwise, provide our warehouse and couriers with your contact phone number in case they need to reach you to arrange the delivery of your order. After placing an order online, we will provide you with confirmation that your order has been received but this is not confirmation that your offer to buy the items has been accepted. Our contract for the sale of our products will only exist once an order has been accepted, processed and despatched to you. Please note that we will not be able to meet any obligations as a result of the following reasons: - If the product you ordered is out of stock - We are unable to authorise your payment - If it is identified that there is a product description or pricing error - If customers do not reach any order criteria outlined in the Terms & Conditions - If our delivery companies are temporarily unable to deliver due to exceptional conditions that are beyond our control including hazardous weather and accidents. Should there be an issue with your order, one of our Customer Services team will contact you either by phone or email. If we have issues authorising payment we will contact you via email or phone and you will have two working days to respond. Failure to do so will result in your order being cancelled. 1.5. Clause 16 (Website purchases) applies only to sales made through our Website. 1.6. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document issued by us is subject to correction without any liability on our part. 1.7. We reserve the right to update these Terms from time to time by posting the updated version on our Website, at which point they will apply to any future orders made (but will not affect any existing orders). Examples of reasons for change include changes to our Products, prices, guarantee or delivery terms, changes to our business needs or supply structure, or for technical or legal reasons. 2. Interpretation The following definitions and rules of interpretation apply to these Terms. 2.1. ‘Bespoke Product(s)’: any Product that we make to your specifications or that we personalise to you. This includes (without limitation) where you request that we make changes to a Product, including to the size, finish, stitching, piping, cushion pads, fabric mixes or upholstery. This also includes Customer Own Material Products. If we are manufacturing the product to measurements you have provided, you are responsible for ensuring that these measurements are correct. The final dimensions of the finished Product will be within 2% of the requested measurements. If you are supplying Customer Own Material fabric, please ensure it is fit for purpose and provide relevant test reports and sufficient fabric to enable us to produce the products, with some allowance for wastage. We will not be responsible for the condition, quality or suitability of the fabric you supply. Where any bespoke product is to be made to your dimensions or design, you must give written approval for any final dimensions and designs before we start production, and you are responsible for ensuring that the dimensions and designs are fit for your purposes. 2.2. ‘Clearance Product(s)’: any Products sold at a reduced price to our normal retail price, as remnants or as substandard, including but not limited to Products sold at a discounted price as a direct consequence of a clearance initiative. 2.3. ‘Customer Own Material(s)’ and ‘Customer Own Material Product(s)’: have the meanings given to them in clause 11. 2.4. ‘Guarantees’: our Guarantees set out in clause 12. 2.5. ‘Product(s)’: any sofas, armchairs, beds, footstools, cushions, mattresses or other products that we sell. 2.6. ‘Standard Range’: any furniture products that are listed on our Website in the sizes and fabrics as listed and which are not Bespoke Products, Clearance Products or Customer Own Material Products. 2.7. ‘United Kingdom’: this is the main island of Britain; it excludes Northern Ireland and any islands that are geographically separate from the main island of Britain. 2.8. ‘Republic of Ireland’: the Irish Republic, excluding Northern Ireland. 2.9. ‘Website’: www.sophieconran.com and our associated web pages. 3. Customer location 3.1. Please note that our delivery and returns policies differ according to where you are resident in the United Kingdom and Northern Ireland. Please see clauses 7 (Delivery), 10 (Cancellations and Returns) and 12 (Guarantees) for further details. 4. Furniture products specifiactions 4.1. For all furniture products that you order, it is your sole responsibility to take all appropriate measurements in your property to ensure that the dimensions of those Products are suitable for your intended use of them. 4.2. The dimensions of Products we supply may vary from those stated in their specification but we will endeavour to ensure that they are within a 2% tolerance of those stated. 4.3. Whilst we try to ensure that the colours of our Products are as accurately displayed as possible on the Website, the actual colours that you see on your computing device may vary depending on the monitor that you use. Any Clearance Products will be identified and be stated to be sold as such on the Website. Such Products may not necessarily be in perfect condition, so please check before you buy that they are of a satisfactory quality for their intended particular use. Please see our limited returns policy for Clearance Products at clause 17.4. 4.4. We will endeavour to match as accurately as possible the colour and texture of the fabric of your Products to the samples chosen, but variations in both the colour and texture may occur. 4.5. 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. 4.6. If we experience difficulties in supplying certain Products, we may need to substitute them with alternative Products of equal or better standard and value. We will email you to let you know if we intend to do this and your order will be put on hold pending your acceptance of the change; an appropriate substitute Product may not always be possible. If you do not accept a substitute Product which is materially different from the Product which you originally ordered, we will cancel your order for the relevant Product and provide you with a full refund. 5. Prices 5.1. All prices include VAT, unless stated otherwise, at the prevailing rate and are subject to any promotional offer or discount. If you live outside the United Kingdom and Republic of Ireland, please note that the price you see on our Website may differ, for example, differences in your country’s VAT rate. 5.2. All prices which we have quoted to you are valid for up to 30 days from the date on which the quote was given, unless otherwise indicated by us. 6. Payments 6.1 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us. 6.2. For all standard larger furniture products we require a minimum payment of 50% of the total value of the final invoice at the time you place your order to begin the production of your furniture and secure the required fabric. This can be done via credit card, paypal or by BACS transfer. For all bespoke furniture products this is 100% deposit at the time you place your order. The remaining balance is required as soon as your item(s) are ready for dispatch from our workshop. Products cannot be delivered until full payment is received. Any delay in payment will affect the delivery of your Products. 6.2. We accept the forms of payments that are stated on our Website during the online purchase process. 7. Delivery of Large Furniture Items 7.1. For all made to orders from our Standard Furniture Range, we aim to deliver Products to your specified United Kingdom or Republic of Ireland address within 12 weeks of the date on which we accept your order depending on Fabric Availability. For any large Bespoke furniture Products, this time frame may vary. In all cases we will provide you with an approximate delivery estimate at the time you place your order and we shall provide you with a precise delivery date and time (‘Confirmed Delivery Date’) closer to the date of delivery. 7.2. The price includes delivery costs for up to 130 miles from our workshop in Derbyshire. Deliveries beyond 130 miles from our workshop in Derbyshire will incur additional fees (to be communicated at the time of delivery). 7.2.1. Orders for non-furniture smaller items may be delivered to the United Kingdom from £5.95, please see our deliveries section on www.sophieconran.com for further details. 7.2.2. We are unable to deliver to the following areas within our current pricing schedule:, Channel Islands, Isle of Scilly, Isle of Man, Kirkwall, Isle of Skye, any other Isles across Scotland, Shetland & Orkney Islands, and any Isles across Northern Ireland and the Republic of Ireland. For these areas, please see clause 7.16. 7.2.3. For deliveries to mainland Europe or Internationally please see clause 7.16. 7.3. Our furniture delivery teams operate during our delivery hours. These are: for Monday to Friday, between 9am - 5pm. We may deliver on Saturday, Sundays and public holidays in the United Kingdom, however, this will need to be organised in advance and will be determined by our availability, it cannot be requested. 7.4. For Clearance Products sold on our Website, our standard delivery charges apply. Please see clause 17 for further details about Clearance Products. 7.5. We will endeavour to deliver your Furniture Products on the Confirmed Delivery Date; if we are unable to do so we will endeavour to contact you at least 48 hours beforehand to arrange a new delivery date. 7.6. We shall not have any liability to you for any delivery failures or delays that are caused by anything beyond our reasonable control. Delivery to the United Kingdom mainland and Republic of Ireland mainland 7.7. We will deliver your Products to the United Kingdom mainland or Republic of Ireland mainland address which we specify in our order confirmation to you. Deliveries to Northern Ireland and Republic of Ireland mainland addresses will be carried out by one of our third-party delivery suppliers. 7.8. To avoid any damage to your property or any items therein during the course of delivery, it is your responsibility to ensure clear access to the relevant room(s) in advance of delivery. This includes all hallways and stairs are clear, all floors, both wooden and carpet, are protected/covered prior to us entering, and all precious and or breakable items are removed. We also request that children and pets are out of the way. 7.9. We are not responsible for the removal or movement of any furniture or other items upon delivery unless we have agreed this with you in advance. 7.10. Deliveries are available without the use of a suitably large lift up to the third floor of a building. If delivery to a higher floor without the use of a suitably large lift is requested then we will inform you whether we can deliver to that floor and, if we can, additional delivery charges may apply. 7.11. It is your responsibility to ensure that two of our delivery team members are able to access the room(s) for delivery of the Products. Our delivery team reserves the right not to deliver the Products if they believe it is unsafe to do so for any reason. 7.12. If we accidentally damage Products in the course of delivery, then (subject to clause 7.13) our liability for that damage is limited to the repair, refund or replacement of the Products or the value thereof. Where possible, refunds will be made using the same means of payment as you used to purchase the Products. In the case of card payments, refunds will be made to the original card of purchase. 7.13. Any damage to the Products or your property or its contents as a direct result of our delivery service must be reported to us by email within two business days of the delivery taking place. If you do not report such damage to us within this time frame then we shall not be liable to you for any such damage. 7.14. Our delivery team may inform you that they are willing to deliver the Products but that, in their opinion, access to the delivery address is inadequate for them to make delivery without risking causing damage to the Products or your property or its contents. In this event, if you request that our delivery team proceed with delivery then such delivery will be at your own risk and we accept no responsibility for any damage that may occur. 7.15. Our delivery team will unwrap and assemble all Products upon delivery. Delivery to locations outside the United Kingdom mainland and Republic of Ireland mainland 7.16. We are now also able to deliver products at a location outside the United Kingdom mainland and Republic of Ireland mainland, with the exception of delicate items such as ceramics and glassware. It is your responsibility to check the condition of the Products at the location where we deliver (this can either be you personally, a representative of the shipping company, a relative or an employee of yours). Liability for the Products becomes yours upon our delivering the Products to you or your agent at the relevant location or the signature of our relevant dispatch note by you or your agent. Please note that your right of return is modified as set out in clause 10.6. 7.17. Products transported outside the United Kingdom mainland and Republic of Ireland mainland may be subject to customs, handling, import and/or export duties, and may require licences, clearances and other consents in order for the Products to be so transported. You will be responsible for the payment of any such duties and for obtaining and maintaining any such licences, clearances and consents. We therefore recommend that you contact your local customs office or an experienced export carrier for further information before placing your order. Alternatively please visit https://www.simplyduty.com/import-calculator/ and refer to the HS code on the product category page. 7.18. You must comply with all applicable laws and regulations of the territory for which the Products are destined. We shall not be liable for any breach by you of any such laws and regulations. 8. Risk and title 8.1. The Products will be at your risk from the time of delivery to the United Kingdom mainland or Republic of Ireland mainland address which we specify in our order confirmation to you. 8.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges (if any). 9. Furniture Removal 9.1. We currently do not offer a furniture removal service but recommend contacting the British Heart foundation who are able to collect items of furniture in suitable condition to be recycled in an environmentally responsible way. 10. Returns and cancellations for Smaller items 10.1. If you are not happy with products you have chosen and received, you are entitled to cancel this contract if you so wish under the The Consumer Contracts (Information, Cancellation and Additional Charges), provided you exercise your right no longer than one working day after you have placed your order. Please note however that we pride ourselves on our commitment to the highest levels of customer service and will consider every situation on a case by case basis, subject to the situation, after this period. Should you wish to change or cancel your order, please contact our Customer Services team on customerqueries@sophieconran.com within 15 minutes of placing your order, if done so between the hours of 9am and 4pm. Outside of these hours we are unable to guarantee that we will be able to action your request, as it is likely your order will have worked its way through our warehouse system and any cancellations will have to be treated like a return. If your order has already been dispatched we will be more than happy to offer you an exchange or, if you wish, a refund, provided that the products are returned complete and in a reasonable condition. We would ask that you return the items in the original packaging. Please note that with the exception of faulty items or goods damaged in transit, we are not responsible for return postage. Where goods are delivered to a third party, you will need to be able to return the goods you ordered to us to be able to exercise this 10.3 We do everything we can to ensure your order gets to you safe and sound, however if your gorgeous order arrives broken or is anything less than perfect please let us know within 5 days of delivery so that we can resolve the situation for you. Please contact our Customer Services team at customerqueries@sophieconran.com (Monday to Friday 9am - 5pm so we can arrange a replacement, exchange, or refund for you. Please note that if you contact us outside of this timeframe we will be unable to replace. 10.4 If you wish to return an item, with the exception of personalised products, we need to receive it back into our warehouse within 28 days of receipt for a refund or exchange. We ask that you please return the items where possible with their original packaging. This does not affect your statutory rights. As the goods are your responsibility until they reach our warehouse please ensure you package your return to prevent any damage to the items or boxes. 10.5 If a free gift was included with your original order and you choose to return your full order, or if the total value of the items you choose to keep falls below the threshold value to qualify for the free gift, please ensure that the free gift is also included with your return. 10.6 With the exception of faulty items or goods damaged in transit, please note that we are not responsible for the return postage and do advise that you obtain a certificate of postage in case the parcel fails to reach us. 10.7 If an item is returned to us outside of the 28 day time frame or is in a non re-saleable condition www.sophieconran.com reserves the right to withhold the refund. 10.8 If you wish to cancel your order and return it to us, under the The Consumer Contracts, you must let us know within one working day of placing your order. This can be done by contacting our Customer Services team via email at customerqueries@sophieconran.com. If you have already received your order, you will then need to return the whole order to us at your own expense. Once we receive the whole order back we will issue a refund excluding the original delivery charge paid. Please note this does not apply to the personalised items which cannot be returned unless faulty or damaged. Please Note: Sale items are non-refundable unless damaged or faulty. 10.9 Please fill in the Returns Form enclosed within the parcel, safely package unwanted items in original packaging and send your parcel using trackable postal or courier service to the address below: Sophie Conran, Whistl Fulfilment South West, Woodview Road, Paignton, Devon, TQ4 7SR We recommend that you obtain a Certificate of Posting in case for whatever reason the parcel(s) fails to reach us. For help and assistance with returns please contact our Customer Services team or via email at customerqueries@sophieconran.com. 10. Returns and cancellations for Furniture items 10.2. Subject to the remainder of this clause 10, you have the following applicable ‘cooling off period’ during which you may cancel your order: 10.2.1. For Products from our Standard Furniture Range you have the right to amend or cancel your order up to 7 days after the original order date. Any changes to your order after 7 days will incur a 5% amendment fee per item amended. Any orders that are cancelled in full after 7 days will incur a 5% cancellation fee on the total value of your order up to the value of £500. Please note, any amendments to part of your order will reset the delivery lead time to your whole order, if applicable. 10.2.2. If you wish to return your furniture order, we offer a no quibbles return policy within 14 days of delivery. A restocking fee will be charged and deducted from your refund. The restocking fee will be £300 or 5% of the item being returned, whichever is the greater value. Please note, the original delivery fee will not be compensated. 10.2.4. For Bespoke Products, including COM or designer fabrics, you may not cancel your order once production has begun, nor after delivery. No refund is therefore possible on any bespoke products. 10.3. If you exercise your right to cancel a Product, excluding bespoke products, then (subject to the terms of this clause 10) we will refund the price of that Product you paid to us when you placed the order, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) up to the amount of the least expensive delivery. Where possible, refunds will be made using the same means of payment as you used to purchase the relevant Products. In the case of card payments, refunds will be made to the original card of purchase. 10.4. Products must be returned to us in a saleable condition and we reserve the right to make reasonable deductions from the amount refunded to you if there are signs of wear and/or damage to the Products. All returned Products will be inspected in our warehouse and, if deemed to be damaged or sullied, we will charge you a fee to reflect the amount by which the value of the Products has been diminished. In the case of furniture, it should be noted that any marks on fabric covers, legs or any part of the furniture will be assessed and charged for at replacement value. It is therefore very important that any item of furniture you wish to return is not used and is covered with protective packaging as soon as possible. Lighting must be returned in its original packaging to avoid damage. 10.5. If you order Products and you arrange for the Products to be shipped to a location outside the United Kingdom or Republic of Ireland, clauses 10.2 and 10.5 are modified in that you still have the right to return the Products but it is your responsibility to arrange for and pay for the Products to be shipped back to the United Kingdom mainland or Republic of Ireland and stored there at your cost until the time that we have agreed to collect them. The cost of returns from countries such as the US, Canada, Mainland Europe or any other country outside the UK will be the responsibility of the buyer. We will collect the Products from any address in the United Kingdom mainland or Republic of Ireland (for example, a relative’s house or a shipping and storage facility); unfortunately, we cannot wait at a port to collect the Products directly from any vessel. 10.6. If you wish to exercise your right to cancel a Furniture Product order please email us at customerqueries@sophieconran.com 10.8. This clause 10 does not affect your statutory rights. 11. Customer Own Materials on Furniture 11.1. This clause 11 applies to any fabric (or other item) that you supply to us or which you specify and is not on our Website (‘Customer Own Material’). We refer to any Product that, at your request, we make with a Customer Own Material as a ‘Customer Own Material Product’. Customer Own Material meterage quotes may vary depending on pattern repeat in fabric. 11.2. We may refuse to use any Customer Own Material which we consider to be unsuitable. 11.3. You agree to ensure that your Customer Own Material is in all respects safe and suitable for application in the Product. 11.4. Customer Own Materials will become owned by us when we receive them; ownership in any of them which we return to you (whether unused or incorporated in the Product) will revert to you upon delivery to you. 11.5. We may cut, work on and otherwise treat and deal with your Customer Own Materials as we consider appropriate in the course of making the Product and (unless you state in writing with your order that surplus should be returned to you) we may use or dispose of excess fabric or items as we think fit. 11.6. Lead times for bespoke products will be confirmed after customer own material has been received by the manufacturer. 12. Guarantees 12.1. Subject to the remainder of this clause 11 and clause 13 (Our Liability), we provide the following guarantees (‘Guarantees’): 12.1.1. Our furniture carries a 25 years wooden frame construction guarantee against faulty workmanship and/or faulty materials. Exceptions to this are: 12.1.1.2 Cushion fillings and coverings and upholstery on our Products are guaranteed for two years from the date of delivery except that we do not provide any guarantee for fabric (or other items) supplied at your specification by yourself or a third party, nor in respect of any defect in Products caused by any defect in, failure of or unsuitability of any fabric or other items so supplied. 12.2. Our Guarantees are limited to Products sold and retained in the United Kingdom or Republic of Ireland and used solely for non-commercial purposes. 12.3. Our Guarantees do not cover fair wear and tear, neglect, abuse or misuse of your Products (including failure to follow any Product care instructions that we provide), loss or damage (including rusting and corrosion) due to unreasonable exposure to water or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, theft, accidental damage or loss or damage caused by a third party. 12.4. If you wish to make a claim under our Guarantees, please contact us by e-mail at customerqueries@sophieconran.com. 12.5. Where defective Products are covered by one of our Guarantees, we will endeavour to repair them 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. Where possible, refunds will be made using the same means of payment as you used to purchase the relevant Products. In the case of card payments, refunds will be made to the original card of purchase. 12.6. Our Guarantees may not be assigned to a third party. 12.7. The law gives you certain statutory rights for the repair, exchange or refund of faulty products. These rights are not affected by this clause 12. 13. Fabrics 13.1. Fabric batches may vary. The majority of our fabrics are created from natural materials, and thus, unlike man made products, there can be slight variations between batches. The most common variation is that of colour – although the actual variation is often almost negligible or very slight. Some fabrics are more susceptible to this than others. 13.2. Whilst we guarantee to make all your orders from the same batch, we cannot guarantee that subsequent orders will match your original order. 13.3. Because of the nature of the materials used, any finishes that are applied to the exterior of our Products may alter the final colour and feel of the fabric. 13.4. We cannot accept any responsibility for fading or discolouration caused by exposure to direct or indirect sunlight. Sunlight affects different fabrics in different ways, but sunlight, whether direct or indirect, will nevertheless always affect fabric colour. Darker fabrics, because they have further to fall, are likely to discolour and fade more. Different fabrics, dark or light are liable to fade or discolour at different rates. 13.5. After delivery, we cannot accept any responsibility for fading or discolouration, due to exposure or contact with any chemicals sprayed nearby or applied directly. Please also note that there are certain aerosol sprays, most particularly odour neutralisers and nicotine neutralisers, which contain chemicals that can react with fabric dyes (the cans should warn against spraying close to upholstery without first covering it.. 13.6. We recommend that you dry clean all removable covers that require dry cleaning. 13.7. Blot dry any wet spillages with a clean dry cloth as soon as possible. Do not use a wet cloth or rub the fabric. 14. Our liability 14.1 Sophie Conran Shop does not look to exclude or limit liability for personal injury or death arising from its negligence or that of its employees, agents, members or directors or for any misrepresentation that is fraudulent. 14.2 To the utmost extent allowed by law and save as provided above, neither www.sophieconran.com nor any linked company shall be liable to you by reason of any representation, or any implied condition, guarantee, or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of www.sophieconran.com or any of its employees, agents, members or directors or otherwise) for any indirect special or resultant loss or damage (including but not limited to loss of profit or loss of saving), expenses, costs, or other claims for compensation whatsoever which arise out of or in connection with the use of the www.sophieconran.com website, the supply of the products or their use of resale by you). 14.3 These limitations of liability, as outlined here, shall apply equally for the benefit of www.sophieconran.com and any other linked company as if references to www.sophieconran.com included references to each linked company. 14.4 Whilst we try and do everything reasonable to try and keep the information on this website up-to-date and correct, www.sophieconran.com do not give any warranty to its completeness or correctness and www.sophieconran.com cannot be held responsible for any omissions, errors or for any resulting implications from the use of this information. 14.5 www.sophieconran.com make all reasonable effort to ensure a reliable and fast service but we do not guarantee that you that your use of this website will be free from interruption or errors and cannot be held responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto computer systems. 14.6 In addition, www.sophieconran.com cannot be held responsible or liable for your use of any websites that are accessible from this website as we do not have any control or responsibility for these. Any such links should not be viewed as an endorsement or an affiliation with www.sophieconran.com. 14.5. We shall not have any liability to you for any non-performance or losses that are wholly or mainly caused by anything beyond our reasonable control. 15. Other services Details of our Stainguard / Guardsman furniture protection scheme are available on request. Separate terms and conditions apply. 16. Website purchases 16.1. The following terms and conditions in this clause 16 apply only to purchases made on our Website. 16.2. We endeavour to display as accurately as possible the colours and sizes of our Products that appear on our Website. However we cannot guarantee that your monitor will accurately reflect the colour of the Product delivered. 16.3. Our contract with you shall not be concluded until we have received your valid payment details and we have accepted the order by way of a confirmation by return e-mail to the email address you have given us during the online payment process. 16.4. 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. If we discover an error in the price of the Product(s) you have ordered we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, then we may treat the order as cancelled and notify you of this by email. If an order for Products is cancelled in accordance with this clause 16.4 and you have already paid for the Products, we will give you a full refund as soon as reasonably possible (and in any event within twenty eight (28) days of cancellation. 16.5. We reserve the right to refuse any order placed by you. 16.6. 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. 16.7 Every product bought is sold subject to its product description which outlines any further specific conditions that relate to that product including, without restriction, terms and conditions regarding approximate delivery dates/times, warranties, after-sales support and guarantees. 16.8 When placing an order you will be added to our mailing and email list. However should you wish to not receive mailings, please inform our Customer Queries team and they will remove you from our mailing list. You can remove yourself from the Email list by amending your email preferences via the link at the bottom of each email. 16.9 Please ensure that you check all items purchased via the website upon receipt, as faulty or damaged items must be reported within 5 working days of receiving the parcel 16.10 Every product bought is sold subject to its product description which outlines any further specific conditions that relate to that product including, without restriction, terms and conditions that regarding approximate delivery dates/times, warranties, after-sales support and guarantees. 16.11 We undertake all reasonable care to ensure that all the details, prices and descriptions of products in our catalogues and on our website are accurate at the time when they are either entered onto our system or printed. Whilst we endeavour to keep the website as up-to-date and accurate as is possible, there may be very rare occasions when the information on the website (including product descriptions) at a certain time may not reflect the position exactly at the point an order is placed. We do not give any warranty as to the accuracy or completeness of the information and cannot be responsible for any errors or omissions or for the results arising from the use of such information. Please note that we are unable to confirm the price of a product until your order is accepted in line with our order acceptance conditions. We take every care to ensure that the description and specification of our products are correct at the time of going to press. However, specifications and descriptions of products on this website and in the catalogue are solely to provide an approximate idea of the goods they describe and do not form part of the contract between you and us and are not intended to be binding. Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the products. 17. Clearance sales 17.1. This clause 17 applies to sales of Clearance Products. Clearance items are subject to availability, while stocks last. www.sophieconran.com reserves the right to update or withdraw products from the offer at any time. 17.2. Returns policy: Many of our clearance items are items that might have been used in marketing shoots. The packaging therefore might be removed from its original packaging or the packaging might be damaged. The goods themselves are in good condition however because of the potential damaged exterior packaging they are offered at a discount as ex-display. These items are managed on a first come first served basis and are not refundable or exchangeable.sold as seen. This means that, except where Clearance Products are faulty under our warranties, we do not accept returns on Clearance Products you have purchased from us. The law gives you certain statutory rights for the repair, exchange or refund of faulty products – these rights are not affected. 18. Sale Prices 18.1 Sale prices are valid until 23:59 on the last day of any Sale. Sale prices cannot be retrospectively applied to an order. If an item purchased at full price is later reduced in a Sale, or if a Sale item is further reduced in an ongoing Sale, we are unable to refund any difference in price. Items will need to be returned as per our Returns policy and then re-ordered. Promotional codes will not apply to items in Sale or in clearance. All Sale offers are subject to availability, while stocks last, and exclude any orders made outside of the Sale period. Where the sale stock of products has sold out, they may no longer be available at the discounted price, but may in some cases be available at their full price. 18.2 Returns policy: Sale items are non-refundable unless damaged or faulty. 19. Promotions Please note that only one promotional offer can be used on any one order and promotional codes do not apply to sale items, items in clearance. It cannot be used in conjunction with any other offer. All promotional codes remain the property of www.sophieconran.com and we reserve the right to stop or remove a promotion at any time without prior warning. Offers or discount codes cannot be applied retrospectively to orders. Although we will instruct affiliate windows to remove offers or promotions from their sites when they are no longer valid, we cannot be responsible for the failure to do so. It excludes the cost of delivery and cannot be used in conjunction with any other offer. 20. Faulty Goods 20.1 Goods are faulty if they are received damaged, or where a manufacturing fault occurs within six months of purchase; however this does not include the results of normal wear and tear. We extend a one year guarantee for all electrical items and 25 years for our Sofa Frames. 20.2 If an item is returned to us as faulty and we feel it is down to natural wear and tear, a refund or replacement will not be issued. We always strive to ensure that your product reaches you in perfect condition however if your product is broken or damaged on arrival please send us a photo within 3 days of the delivery date. If we are notified outside of this timeframe we will not be able to offer a replacement free of charge. 21. Privacy 21.1. We process information about you in accordance with our Privacy Policy. By submitting your personal information to us, you consent to such processing and you warrant that all data provided by you is accurate and that, if it changes, you will tell us promptly. 21.2. The Website uses cookies. For more information on which cookies we use and how we use them please see our Privacy Policy on our Security, Cookie Use & Privacy page. 22. Copyright & Trademark 22.1 All the content of the pages on the website (including pictures, drawings, logos, photographs, copy and other materials) represent the copyright or registered trademark of www.sophieconran.com, its technology providers or their respective owners. All rights are reserved. The modification, copying, circulation, reproduction, or incorporation of into any other work of part of or all of content available on www.sophieconran.com is forbidden, with the exception of: 22.2 Copying, printing (solely one copy) or downloading extracts of the content of the website for the sole purpose of using the website in good faith for placing an order with www.sophieconran.com or for non-commercial purposes. 22.3 The complete liability of www.sophieconran.com under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions. 22.4 www.sophieconran.com will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control. 22.5 www.sophieconran.com may assign or transfer any of its rights or sub-contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific written permission of www.sophieconran.com 22.6 No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded. 23. Rights of third parties 23.1 A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these Terms. 24. Applicable law and jurisdiction 24.1 These Terms are governed by and are to be construed in accordance with English law and you irrevocably submit to the exclusive jurisdiction of the Courts of England. 24.2 Whilst we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.