Terms and Condition

Our terms & conditions are as follows:

 

1. OUR COMPANY

1.1 Sofas and Sleep (Furniture), Office: West Midlands House, Gipsy Lane, Willenhall, WV13 2HA.

 

2. HOW THE CONTRACT IS FORMED BETWEEN US

2.1 After placing an order, you will receive an e-mail from us confirming that your order has been accepted (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation, or if you have successfully applied for our credit option, when our selected finance company has confirmed to us that it has received your signed finance agreement.

2.2 The Contract will relate only to those products whose orders we have confirmed in the Order Confirmation (Products). We will not be obliged to supply any other products which may have been part of your order until the order of such products has been confirmed in a separate Order Confirmation.

2.3 We will assign an order number to your order and tell you what it is in the Order Confirmation. It will help us if you tell us the order number whenever you contact us in regards to that order.

2.4 Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from, or deliver to addresses outside the UK.

 

3. RIGHT TO CHANGE YOUR MIND

3.1 If you are contracting as a consumer in the UK and change your mind about the products, you may cancel a Contract at any time, with up to 28 days from the day you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refunds and Returns Policy as set out in clause 11.

3.2 To cancel a Contract, you must inform us by email, telephone or in writing. In addition, you must return the products to us in the same condition in which you received them, which means, for the avoidance of doubt and without limitation, they must be in perfect resalable condition and undamaged in any way. You have a legal obligation to take reasonable care of the Products while they are in your possession.

3.3 Details of this right, and an explanation of how to exercise it, are provided in the Order Confirmation given to you.

3.4 This provision does not affect your legal right as a consumer to change your mind. In summary, the Consumer Contracts Regulations 2013, give you the right to change your mind and cancel a Contract within 14 days from the day you received the Products (or, where the Products are split into several deliveries over different days, 14 days from the day you received the last delivery) and receive a refund. We may reduce the refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products caused by your handling of them in a way that would not be permitted in a shop. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

 

4. PRODUCTS & SERVICES

4.1 All descriptions of the products on our website are correct at the time of publication. Our policy of continuous product development means we reserve the right to amend the specification of products without prior notice in relation to any future sales.

4.2 The measurements of the products are as accurate as possible, but are nevertheless approximate. Images of the products on our website are for illustrative purposes only and, although we have made every effort to show the colours as accurately as possible, we cannot guarantee that the colours shown, actually reflect the colour of the products.

4.3 We will further endeavour to match the colour and texture of the fabric of your product to the samples chosen as accurately as possible, but variations in both the colour and texture may occur.

4.4 Leather products are made from high quality natural leather and accordingly the colour and texture may not be uniform. Only the finest hides are selected but they will show natural marks and scars on the hide. Some leathers will mellow with age, and to exposure of sunlight and heat.

4.5 It is your responsibility to check that all the details on the order form are correct, including the exact specifications of the products and delivery details.

4.6 Our products are intended solely for domestic use in the UK and we give no guarantees or undertakings in respect of the use of our products for commercial purposes. By agreeing to these terms and conditions, you also agree that we are in no way responsible for any non-domestic or commercial use of our products and that you have no rights to cancel this purchase if you are purchasing the product in a business capacity.

4.7 The product lead times and delivery dates are provided on the website and subsequently communicated in any form. They are estimates and cannot be guaranteed.

 

5. GUARANTEES

5.1 The provisions of this clause apply in addition to your legal consumer rights in relation to faulty or misdescribed goods, which are not affected by the guarantees set out in this clause. For the purpose of this clause the guarantor is Sofas and Sleep. (Furniture), registered address: West Midlands House, Gipsy Lane, Willenhall, WV13 2HA

5.2 Sofas and Sleep sofas, chairs and footstool frames, are guaranteed for 10 years from the date of delivery.

5.3 Our guarantees are limited to goods sold and retained in mainland United Kingdom and used solely in private residences and not in commercial or rental properties.

5.4 These guarantees do not cover fair wear and tear, neglect, abuse or misuse of your products, loss or damage, including rusting and corrosion due to unreasonable exposure to water, heat or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, damage by animals generally or theft, or accidental damage or loss caused by any third party.

5.5 In the event of a claim under guarantee occurring, please contact Contact@sofasandsleep.com quoting your sales invoice number, your address, your contact details and a summary of the problem with any accompanying photos if requested. We will then notify you whether the claim is valid via telephone or e-mail within a reasonable period of time.

5.6 In the event of an accepted claim, under guarantee, we will endeavour to repair the defective goods in your home, 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 then be offered a refund.

5.7 We will not be held liable for any direct or indirect loss of profits or other financial loss, or damage arising out of defective, damaged or wrongly delivered goods, over and above the value of the actual goods themselves supplied by us. This does not affect your legal rights.

5.8 We have a legal duty to supply products that are in conformity with the Contract, and nothing in these terms will affect your legal rights if we fail to do so. In summary, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality and during the expected lifespan of your product. Your legal rights entitle you to the following remedies: (a) up to 30 days: if your product is faulty, you’re entitled to a full refund in most cases. (b) up to six months: you’re entitled to a full refund in most cases if the products cannot be repaired or replaced. (c) up to six years: you may be entitled to some money back if the product does not last a reasonable length of time. These are subject to certain exceptions.

 

6. PRICING

6.1 The price of any Products will be as quoted on our website or, where we have sent you a time-limited promotional offer and you order within that time limit, at the promotional price, in each case except in cases of obvious error. These prices include VAT at the prevailing rate.

6.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

6.3 Our website contains a large number configurable products options and it is possible that, despite our best efforts, some of the products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.

6.4 We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a pricing error.

 

7. PAYMENT

7.1 Payment for all Products may be made on our website by credit or debit card. We accept payment by Visa and MasterCard.

7.2 Payment by personal cheque or bank transfer must be received and cleared before delivery can be made by contacting our customer services team at Contact@sofasandsleep.com.

7.3 We take a 50% deposit when you place your order for all made to order items (sofas, chairs and footstools). Products cannot be delivered until full payment has been received.

 

8. DELIVERY

8.1 Before we deliver your Products, you must have paid for them in full.

8.2 Our nominated delivery partner will contact to notify you when your Products are available and will arrange a date for delivery to the address specified by you. We reserve the right to require proof of identification from you when making a delivery to you.

8.3 Our delivery partner will deliver your Products to any UK address. Delivery to UK mainland addresses is free.

8.4 You are required to take delivery on the date agreed between us, otherwise we reserve the right to charge you an additional redelivery fee of £100. This payment will be due before redelivery.

8.5 Our delivery partner will provide an estimated delivery time slot 36 hours before delivery. If you subsequently cancel the delivery or if you are not available to accept the delivery when our delivery partner arrives at your address, within the agreed time slot, we reserve the right to charge you for the cost of the delivery in addition to any delivery charge already paid.

8.6 Time of delivery is not of the essence in these terms and conditions. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any delay caused.

8.7 Our delivery partner will use reasonable endeavours to deliver large items to a room of your choice. The room must be accessible to two delivery people, either on the ground floor or via adequate stairs or elevator, and without the need for mechanical lifting equipment. Delivery is always subject to the health and safety of the delivery personnel.

8.8 At the time of delivery, the signature of the person accepting delivery at the delivery address will be proof that you or the person to whom the order is addressed, has received the delivery.

8.9 You are responsible for checking the condition of the products delivered, and must highlight any issues upon receipt with the delivery carrier. The delivery carrier will direct all queries at this stage to us and we will agree a means of resolving the issues that are presented at this time.

8.10 Your Products will be constructed to the highest possible standards. Should you have any concerns prior to or following delivery please contact us at either Contact@sofasandsleep.com or telephone 01215305555.

 

9. RISK AND TITLE

9.1 The products will be at your risk from the time of delivery.

9.2 Ownership of the products will pass to you on delivery or, if later, when we receive full payment of all sums due in respect of the products, including delivery charges (if any) from you.

 

10. REFUNDS AND RETURNS

10.1 Nothing in this clause 11 affects your legal rights.

10.2 We will refund any money received from you using the same method originally used by you to pay for your purchase. Where the Payment was made by credit or debit card, refunds can only be made to the original card of purchase.

10.3 Where you exercise your right to change your mind and cancel the Contract, products must be returned to us in a saleable condition. We will refund to you all monies paid by you in respect of the price of the returned product but reserve the right to make reasonable deductions from the amount refunded to you if there are signs of wear and/or use and/or damage. We will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which we receive the product back. Where the price of the product was paid using our interest-free credit option, we reserve the right to pay the refund to our selected finance provider.

10.4 There is no automatic right of return for any clearance item purchased from our website and they are sold as seen.

10.5 If you end the Contract for any reason, you must return the products to us. You must either return the products to us in person or allow us to collect them from you. Please contact customer services at Contact@sofasandsleep.com or telephone 01215305555 to arrange collection. If you are exercising your legal right to change your mind, you must return the products within 14 days of telling us that you wish to end the Contract. We will pay the costs of return if the products are faulty or misdescribed. In all other circumstances, including where you are exercising your right to change your mind, you must pay the costs of return. If you are responsible for the costs of return, and we are collecting the products from you, we will charge you the direct cost to us of collection.

10.6 If you return a product for any reason other than a change of mind (for instance, you have notified us because you claim that the product is faulty), we will examine the returned product and, where we agree that the product is faulty and have not been able to provide a replacement or repair, we will notify you of your refund via telephone or e-mail within a reasonable period of time. We will process the refund due to you as soon as possible, and, in any case, within 14 days of the day we confirmed to you via e-mail, that you were entitled to a refund for the faulty product. This does not affect your legal remedies for faulty products.

 

11. OUR LIABILITY

11.1 We warrant to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

11.2 Our liability for losses you suffer as a result of us breaking the Contract are strictly limited to the purchase price of the product you purchased, and any losses which are a foreseeable result of us breaking the Contract or failing to use reasonable care, but we are not responsible for any loss or damage which is not previously foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen, or at the time of the Contract being made, both us and you knew it might happen (for example, if you discussed it with us during the sales process).

11.3 Nothing in clause 12 limits in any way our liability: (a) for death or personal injury caused by our negligence; (b) for defective products under the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; (d) for breach of your legal rights in relation to the products, including the right to receive products which are as described and match information we provided to you and any sample seen by you, of satisfactory quality and fit for any particular purpose made known to us; or (e) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

11.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

 

12. WRITTEN COMMUNICATIONS

12.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights. In the event of questions or complaints please email Contact@sofasandsleep.com.

 

13. NOTICES

13.1 All notices given by you to us must be given to Sofas and Sleep. West Midlands House, Gipsy Lane, Willenhall, WV13 2HA or emailed to Contact@sofasandsleep.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post, and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

14. USE OF YOUR PERSONAL INFORMATION

14.1 For full details of how we will use personal information that you have provided to us, please see our Privacy Policy. In summary, we will use such information to supply the products to you, to process your payment for the products and, if you agreed to this during the order process, to give you information about similar products that we provide but you may stop receiving this information at any time by contacting us.

14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

 

15. EVENTS OUTSIDE OUR CONTROL

15.1 We will not be liable or responsible for any failure to perform, or delay in performing, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• Strikes, lock-outs or other industrial action;

• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

• Impossibility of the use of public or private telecommunications networks;

• The acts, decrees, legislation, regulations or restrictions of any government.

15.3 Our performance under any Contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

16. OTHER IMPORTANT TERMS

16.1 Nobody else has any rights under this Contract (except someone you transfer your guarantee to). This Contract is between you and us and is also binding on our respective successors and assigns... No other person will have any right to enforce any of its terms, except as explained in clause 16.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.

16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or obligations under the Contract to another person if we agree to this in writing. However, you may transfer our guarantee at clause 6 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the product.

16.3 We may transfer the Contract to someone else. We may transfer or sub-contract any of our rights or obligations under the Contract to another organisation at any time during the term of the Contract. We will tell you in writing if this happens and we will ensure that this will not affect your rights under the Contract.

16.4 Even if we delay in enforcing the Contract, we can still enforce it later. If we do not insist immediately that you do anything that you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

16.5 If a court finds part of the Contract illegal, the rest continues in force. Each of the paragraphs in these terms operates separately. If any court or competent authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.6 These are the only relevant terms. These terms, any documents referred to in them and our Website Terms of Use and Privacy Policy are the entire agreement between us. In entering into the Contract, neither of us has relied on anything said or written by the other prior to entering into the Contract, and neither of us will have any remedy in respect of any untrue statement made by the other prior to the date of any Contract (unless such untrue statement was made fraudulently).

16.7 We may amend these terms. We have the right to amend these terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms in force when you order products from us, unless any change to them is required by law or governmental authority (in which case it will apply to orders previously placed by you), or we notify you of the change to them before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the changes, unless you notify us to the contrary within seven working days of receipt by you of the Products).

16.8 Which laws apply to this Contract and where you may bring legal proceedings? These terms and the Contract are governed by the laws of England and Wales and you can bring legal proceedings in respect of the products in the courts of England and Wales or, if you live in Scotland, in the courts of either Scotland or England and Wales or, if you live in Northern Ireland, in the courts of either Northern Ireland or England and Wales.

16.9 What to do if you have a complaint. If you have any complaint about the products or service that we have provided, please contact Contact@sofasandsleep.com and we will do our best to resolve it. In addition, please note that disputes may be submitted for online resolution to the European Commission online dispute resolution platform.

 

17. COMPETITION TERMS AND CONDITIONS

17.1 The promoter is: Sofas and Sleep. (Furniture), office is at West Midlands House, Gipsy Lane, Willenhall, WV13 2HA.

17.2 Employees of Sofas and Sleep or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter competitions.

17.3 There is no entry fee and no purchase necessary to enter competitions.

17.4 Winners will be chosen at random by an independent adjudicator appointed by Sofas and Sleep. The result is final and no correspondence will be entered into. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

17.5 No cash alternative to the prizes will be offered. Prizes are not transferable.

17.6 By entering our competitions you give Sofas and Sleep. The right to use your name for the sole purpose of identifying you as a competition winner on our social media channels.

17.7 Entry into the competition will be deemed as acceptance of these terms and conditions.

17.8 This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to Sofas and Sleep and not to any other party. The information provided will be used in conjunction with the following Privacy Policy.

17.9 Some competitions will be open across multiple platforms, including social media channels, email and in store. Unless otherwise stated you may cast individual entries via each channel.

17.10 Sofas and Sleep. Competitions are open to UK residents only.