Sofa bed warranty in addition to your UK consumer rights
• We reserve the right to update our terms and conditions of sale:
and request you check these on the day of your purchase;
• For death or personal injury caused by our negligence;
• Under section 2(3) of the Consumer Protection Act 1987;
• For fraud or fraudulent misrepresentation; or
• For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
There can be slight variations between fabric batches. The most common variation is that of colour – though the actual variation is often almost negligible or very slight. Whilst we guarantee to make all your order from the same batch, we cannot guarantee that subsequent orders will match your original order.
We cannot accept any responsibility for fading or discolouration due to 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. We also cannot accept any responsibility for fading or discolouration due to exposure or contact with any chemicals sprayed nearby or applied directly.
You can obtain up to 4 free fabric samples from us through the order process prior to ordering our Products to enable you to visualise what the fabric will look like. While we try to ensure that the Products are as similar as possible to those displayed on-line and to the fabric swatches you receive there may be natural variations.
We warrant to you that any Product purchased from us through our site will, on delivery, and for the following 12 months, conform in all material respects with its description, be of satisfactory quality and be reasonably fit for all the purposes for which Products of that kind are commonly supplied. In addition to your legal consumer rights all sofa beds sold on our website are covered by a manufacturers 5 year guarantee against structural damage to the frame as a result of warpage and/or breakage of frames in normal usage and at our discretion. In the event of a claim under the manufacturer guarantee being made against your product the following will apply: We will require proof of purchase; we will either arrange a manufacturer visit to inspect the products or arrange for collection of your product at our cost and will carry out an inspection. If there is a genuine fault with the product that is due to faulty workmanship we will either repair the product or provide you with a replacement.
The guarantee may not be transferred.
The guarantee does not cover fair wear and tear, neglect, abuse or misuse of your Product, 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, or theft, or accidental damage or loss caused by a third party.
We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged or wrongly delivered Products, over and above the value of the Products themselves. This does not affect your statutory rights.
The guarantee is limited to upholstered products sold and retained in the UK Mainland, and used solely for private and domestic purposes. We will endeavour to repair the defective products free of charge. If a repair is not possible you may be offered a replacement and only if a suitable replacement is not available may you be offered a refund or compensation at a rate up to the current maximum market auction value at that time. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased. This does not include or limit in any way our liability:
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 statutory rights
You warrant that the Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to the Personal Information by e-mail. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of our website shall remain at all times vested in us and is only available for personal non-commercial use. Any other use of the material and content of the website is strictly prohibited.
Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk. You will be solely responsible for any damage to your own computer systems or loss of data that results from the download of such materials.
We control and operate the website from within England. Accordingly the laws of England and Wales govern claims relating to, including the use of the website and the materials contained therein. If you choose to access our website from outside England and Wales you do so on your own initiative and you hereby agree that in the event of a dispute between Just British Sofas Limited and you the laws of England and Wales will apply at all times.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
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; and the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to 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. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the section on Written Communications above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is set out in these terms and conditions or the documents referred to in them.
Each of us agrees that our only liability in respect of those representation and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
Nothing in this paragraph limits or excludes any liability for fraud
We have the right to revise and amend these terms and conditions 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 and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 7 working days of receipt by you of the Products).
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising from, or related to such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.