eSofa Terms and Conditions

BACKGROUND:

These Terms and Conditions are the standard terms for the sale of goods by We are eSofa and we operate e-Sofa.co.uk. We are a limited registered in England and Wales under company registration number 12569881 and our registered office is in Newcastle upon Tyne. Definitions and Interpretation

1.1           In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

1.2           Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.

2.              Information About Us

2.1           eSofa registered in England under number 12569881 whose registered address is at Lower Blue Mall, Metrocentre, Gateshead NE11 9YZ

3.              The Contract

3.1           These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you.  Before making your Order, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.

3.2           Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our discretion, accept.

3.3           A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation forming part of Our invoice.  Order Confirmations will be provided in writing.

3.4           We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:

3.4.1       The main characteristics of the Goods;

3.4.2       Our identity (set out above in Clause 2) and contact details (set out below in Clause 12);

3.4.3       The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;

3.4.4       Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;

3.4.5       Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;

3.4.6       Our complaints handling policy;

3.4.7       We shall ensure that you are aware of Our legal duty to supply goods that are in conformity with the Contract; and

3.4.8       Where applicable, details of after-sales services and commercial guarantees.

4.              Description and Specification of Goods

4.1           If you receive any Goods that do not conform to the Contract, please refer to Clause 8.

4.2           If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.  If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to Us as provided in Clause 8.  If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.

4.3           We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

4.4           Cut to and made to order Goods are available from Us.  If you Order these Goods from Us, We will produce AND/OR alter those Goods to your specifications and requirements. 

4.5           When placing an Order for cut to and made to order Goods, please ensure that all information that you provide to Us is correct, accurate and complete.  We cannot accept the return of any bespoke Goods which are cut or made to Order if the return is due to incorrect information provided by you.  Please note that this does not affect your legal rights (including but not limited to those described in these terms and conditions).

5.              Orders

5.1           All Orders for Goods made by you will be subject to these Terms and Conditions.

5.2           You may not change your Order for any cut to and/or made to order Goods. If you decide to cancel your Order you should contact Us immediately and We will advise you if We are reasonably able to accommodate your request without additional work. However, due to the bespoke nature of cut to and made to Order Goods We are not able to cancel your Order once We have started making or altering it.

5.3           If We are able to accommodate your request to change an Order, We will inform you of any change to the Price that may be incurred by you as a result of such change.

5.4           We may cancel your Order at any time before We despatch the Goods in the following circumstances:

5.4.1       The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or

5.4.2       An event outside of Our control continues for more than 6 months (please see Clause 11 for events outside of Our control).

5.5           If We cancel your Order under sub-Clause 5.4 and you have already paid for the Goods under Clause 6, the payment will be refunded to you within 14 Calendar days.  If We cancel your Order, the cancellation will be confirmed by Us in writing.

6.              Warranty and Aftersales

6.1 All of our eSofa products are handmade and bespoke to every customer, and we are confident you will be delighted with your purchase. Subject to normal "wear and tear", every eSofa sofa is covered by a guarantee for your added peace of mind. Further to this we also offer a 10-year warranty on frames and structural defects, 12 months on the fabric and foam.

7.              Price and Payment

7.1           The Price of the Goods will be that shown in Our Order Confirmation overleaf.  If the Price shown in your Order differs from Our current Price, We will inform you upon receipt of your Order.

7.2           If We quote a Special Price which is different to the Price shown in Our store, the Special Price will be valid for the period shown in the advertisement.  Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.

7.3           Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.

7.4           We have made every reasonable effort to ensure that Our Prices, as shown in Our store, are correct.  Prices will be checked when We process your Order.  If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price.  If the actual Price of the Goods is higher than that stated in your Order, We will ask you how you wish to proceed.

7.5           All Prices include VAT.  If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any Prices where We have already received payment in full from you.

7.6           For sofas Our Prices include the cost of delivery.  Delivery costs will be added on to items which need to be shipped more than 20 miles from our warehouse.

7.7           All payments for Goods must be made in advance before We can despatch the Goods to you. You will be required to pay a non-refundable deposit which shall equate to 50% of your Order value at the point of Order. The balance shall be payable the day before the agreed delivery or fitting date.

7.8           We accept the following methods of payment:

7.8.1       Card Payment in person;

7.8.2       Cash; and

7.8.3       Bank transfer.

7.9           If you do not make payment to Us by the due date, we will not deliver your Goods. When you order Goods, we will provide you with an estimated delivery window. Thereafter We will contact you by phone to update you of the actual delivery date. You must pay any balance the day before the agreed delivery date. Any additional costs that We may incur will be your responsibility to pay. This includes, but is not limited to, delivery costs and storage costs.

7.10        The provisions of sub-Clause 6.10 will not apply if you have promptly contacted Us to dispute an invoice in good faith. 

8.              Delivery and Furniture Assembly

8.1           Please note that delivery of Sofas is currently only possible within the United Kingdom.

8.2           Please note that furniture assembly is currently only possible within the United Kingdom.

8.3           When We provide you with an Order Confirmation, We will provide an estimated delivery or fitting date.  Please note that estimated delivery dates may vary according to the availability of Goods, your location, and circumstances beyond Our control.  Unless agreed otherwise, the Goods will be delivered without undue delay and in any case no later than 6 weeks after the date on which the Contract is formed.

8.4           If you indicate in your Order that you wish to collect the Goods from Us yourself you may do so by agreeing this with Us at the time of your Order.

8.5           Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Goods or, if you are collecting the Goods from Us yourself, when you have collected the Goods. 

8.6           If for any reason We are unable to deliver the Goods at your chosen delivery address, We will leave a note informing you that the Goods have been returned to Our premises, requesting that you contact Us to arrange re-delivery.

8.7           If We arrive to deliver the Goods and they are too large to fit in your property or the room you require them to be left it we will either:

8.7.1       leave them at your doorstep; or

8.7.2       return them to our warehouse for storage. You will incur a re-delivery fee which will be agreed with you at the time and a storage fee of £30 per week until such time as We are able to deliver the Goods.

8.8           The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery is complete as defined in sub-Clause 7.4 at which point it will pass to you.  Please note, however, that if you do not wish to collect the Goods and do not wish to use Our nominated carrier to deliver them, instead choosing your own carrier, the risk in the Goods will pass to you as soon as they are passed to your chosen carrier.

8.9           You own the Goods once We have received payment in full for them.

8.10        Please note carefully the following:

8.10.1    If We refuse to deliver the Goods, you may treat the Contract as being at an end and We will reimburse you without undue delay.

8.10.2    If delivery of the Goods within the agreed time period or at the agreed time was essential (taking into account the relevant circumstances at the time the Contract was formed) and We fail to deliver, you may treat the Contract as being at an end and We will reimburse you without undue delay.

8.10.3    If you have told Us that delivery within the agreed time period or at the agreed time was essential and We fail to deliver, you may treat the Contract as being at an end and We will reimburse you without undue delay.

8.11        If any of the events in sub-Clause 7.11 occur you may, instead of treating the Contract as being at an end, specify a new delivery time or time period.  If We continue to fail to deliver the Goods, you may treat the Contract as being at an end and We will reimburse you without undue delay.

8.12        If, despite the events in sub-Clause 7.11 and 7.12, you choose not to treat the Contract as being at an end, your right to cancel your Order or to reject the Goods will be unaffected.  If you do so, We will reimburse you without undue delay.

8.13        If the Goods form a Commercial Unit, you may only reject or cancel all of the Goods, not a portion of them.

8.14        It is your responsibility to check all Goods delivered to you to ensure they are correct and undamaged. We will provide you with the time to check the Goods and you will be required to sign to say they have arrived in an acceptable condition.

8.15        If you Order Goods you will have 48 hours to advise us if there is anything wrong with the Goods. You will be required to send Us an email and photographic evidence of the damage or defect.

8.16        It is your responsibility to check all work We have completed if We provided furniture assembly. If you are not happy you must report your concerns to us with 48 hours describing the problem with photographic evidence sent to Us by email as provided in Clause 11. We offer a 30 days customer satisfaction guarantee on all furniture assembly. If the defect, problem or fault is found to be Our responsibility We will repair and/or replace the Goods at Our own cost. However, if you do not report any fault or defect to us within 30 days any cost incurred for the repair and/or replacement of the Goods will be your responsibility.

8.17        We may sometimes use third party contractors to carry out furniture assembly.

8.18        We take no liability whatsoever for any damage caused to your property or the Goods whilst delivering of fitting.

• • 9.              Faulty, Damaged or Incorrect Goods

  9.1           By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences).  If any digital content is included in the Goods, that digital content must also conform.  If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.

  9.2           Beginning on the day that you receive the Goods (and ownership of them) you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above.  If you do not wish to reject the Goods, or if the 30 Calendar Day period has expired, you may request that the Goods are repaired or replaced. Within the first six months after you have received the Goods, you are entitled to a repair or replacement unless We can prove that the defect was not present at the time you bought the Goods. After the first six months, you must prove to Us that the defect was present at the time of purchase in order to qualify for a repair or replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In some cases, if repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.

  You must provide us with photographic evidence of the defect by email. If you request a repair or replacement during the first 30 Calendar Day period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days.

  If, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time and/or without causing you significant inconvenience), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.

  If you exercise this final right to reject the Goods more than six months after you receive them (and ownership of them), we may reduce any refund to reflect the use you have had out of the Goods.

  Within a period of six years after you receive the Goods (and ownership of them), if the Goods do not last a reasonable length of time (depending upon their nature), you may be entitled to a partial refund. Please remember that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.

  9.3           Please note that you will not be eligible to claim under this Clause 8 if We informed you of any faults, damage or other problems with the Goods before your purchase of them; if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.  Please also note that you may not return Goods to Us under this Clause 8 merely because you have changed your mind.  Please refer to Clause 9 for details of what to do if you change your mind.

  9.4           To return Goods to Us for any reason under this Clause 8, you may do so in person during Our business hours of 9:30am to 5:30pm or you may return them to Us by post or another suitable delivery choice.  You may alternatively request that We collect the Goods from you.  Please ensure that the Goods are ready for collection at the agreed time and location.  We are solely responsible for collecting the Goods in this case.  We will be fully responsible for the costs of returning Goods under this Clause 8 and will reimburse you where appropriate.

  9.5           Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.

  9.6           Any and all refunds issued under this Clause 8 will include all delivery costs paid by you when the Goods were originally purchased.

  9.7           For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

  9.8           All of Our Goods are provided with a 12-month guarantee.

  9.9           The product photos on our website are only for illustration purposes. While we have made every effort to accurately show the colours, we cannot guarantee that the colours shown on a screen accurately represent the colour of the items. Your product may differ slightly from those depicted in the photographs. Your computer, screen settings, or batching, in particular, will influence how the colours of our products appear on our website.

  9.10        Since our items are handmade, all measurements indicated on our website which have a minor difference, even though we have made every effort to be as precise as possible (up to 5cm).

  9.11        We cannot guarantee that identical goods purchased at different times would fit due to batch differences. This requires a perfect colour match as well as precise measurements.

  9.12        Ex display models are not subject to our manufacturer’s guarantee unless specifically stated, as they will have been used for some time. These models may have some damage which is taken into account in the price. You should carefully inspect any ex-display models to ensure you are aware of any issues. This does not affect your legal rights.

  10.              Our Liability

  10.1           We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors).  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

  10.2           We only supply Goods for domestic and private use.  We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). By making your Order, you agree that you will not use the Goods for such purposes.  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

  10.3           Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

  10.4           Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer.  For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

  11.              Events Outside of Our Control (Force Majeure)

  11.1           We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

  11.2           If any event described under this Clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

  11.2.1       We will inform you as soon as is reasonably possible;

  11.2.2       Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

  11.2.3       We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

  11.2.4       If the event outside of Our control continues for more than 6 months We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;

  11.2.5       If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 5.4 above.

  12.              Communication and Contact Details

  12.1           If you wish to contact Us, you may do so by email at hello@e-sofa.co.uk or by Business WhatsApp messenger on +44767 177740.

  12.2           In certain circumstances you must contact Us in writing (when cancelling an Order, for example).  When contacting Us in writing you may use the following methods:

  12.2.1       Contact Us by email at hello@e-sofa.co.uk; or

  12.3           Contact Us by pre-paid post at Lower Blue Mall, Metrocentre, Gateshead NE11 9YZ

  13.              Complaints and Feedback

  13.1           We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

  13.2           All complaints are handled in accordance with Our complaints handling policy and procedure, available from our store location as provided in sub-clause 11.2.2.

  13.3           If you wish to complain about any aspect of your dealings with Us, please contact Us by email at hello@e-sofa.co.uk

  14.              How We Use Your Personal Information (Data Protection)

  We will only use your personal information as set out in the data protection legislation currently in force in the United Kingdom.

  15.              Other Important Terms

  15.1           We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.

  15.2           You may not transfer (assign) your other obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission. Please note, however, that you can transfer the benefit of the extended return period (guarantee) in Clause 9 without our consent.

  15.3           The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions (except the benefit of the extended return period (guarantee) in Clause 9).

  15.4           If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

  15.5           No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

  16.              Governing Law and Jurisdiction

  16.1           These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

  16.2           As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.

  16.3           Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.