TERMS, CONDITIONS AND RETURNS
All Products on this website are sold to consumers on the terms and conditions set out below. Please read these terms and conditions before ordering any Products from our company. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. The Products on our site are available for purchase and delivery only within the UK Mainland. While we accept orders from people not resident within the UK Mainland, you will have to arrange your own shipping if you need your Products sent outside the UK Mainland.
By placing an order with us, you warrant that you are legally capable of entering into binding contracts and are at least 18 years old. All orders are subject to availability and to acceptance by us, and we will confirm our acceptance to you by sending you an e-mail that confirms that we have accepted your order and are processing it (Order Acceptance Confirmation). The contract between us (Contract) will only be formed when we send you the Order Acceptance Confirmation. The Contract only applies to those Products we have confirmed in the Order Acceptance Confirmation. We will not be obliged to supply any other Products which may have been part of your order until we confirm such Products in a separate Order Acceptance Confirmation.
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that Products you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. The details, makes and designs of our Products are constantly changing and we reserve the right to change the specification of our Products without prior notice in relation to future sales. You should check our website for details. We will 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. The measurements of all Products provided are as accurate as possible, but some slight variances may apply.
Orders considered to fall under the distance selling regulations are subject to a 14 day return or exchange right. This must be requested in writing in the period immediately following the day of delivery. This period is to help you to inspect the goods and correct any wrong choices made without having the benefit of seeing the furniture prior to purchase and as such, it is not a period where you can make normal use of that furniture and impact it’s condition.
Until returned, the furniture is under your ownership and it will be your responsibility to maintain and protect it, keeping it “as new” condition.
Failure to return goods in perfect condition may result in additional charges, so we recommend that goods are kept and returned in the appropriate packaging to minimise risk.
Return of the items in these circumstances is your responsibility. As many of our customers do not have access to appropriate delivery vehicles or professional teams who can care for the product, we can offer this service subject to a charge of up to 20% of the value of each item returned, plus any claim for deterioration in condition. Deterioration depreciation scaled at 10% of original value plus wear and tear premium per calendar month. Wear and tear premium as assessed by ourselves or an authorised independent report from delivery date per calendar month.
Please contact our Customer Experience team in writing should you feel that you would like to exchange or return your furniture
You may cancel a Contract with us within 2 working days, beginning on the day after you received the Products, with the exception of clearance items and bespoke items or items built to specific order fabrics but excluding stock item fabrics ancona cream, steel, mink and charcoal – see below. In such circumstances, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in ‘Our Refunds Policy’ below). No order can be cancelled after 7 working days from delivery. This clause does not affect other legal remedies that you may have.
You will not have the right at any time to cancel a Contract for the supply of any Products made to your bespoke requirements (bespoke items). Therefore once we have accepted an order from you that is for a bespoke Product, you do not have the right to cancel it.
To cancel a Contract, Products must be returned to us in the same condition in which you received them. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right to retain the purchase price of the Product or a reasonable percentage of the purchase price as compensation for any damage to the Products and for our additional costs incurred. If you amend your order there may be changes to your delivery date or charges and/or the price of the Products. Prior to ordering please check the dimensions of the Products you are proposing to order to ensure they will fit into your chosen location for them.
We will endeavour to fulfil your order within the estimated time periods stated above unless there are exceptional circumstances. Occasionally a delivery date may be postponed. This may occur for various reasons for example material shortages or higher than anticipated demand for a Product. We will keep you informed if a postponement is necessary and discuss revised timescales with you. We are not liable for any charges you may incur due to delayed or cancelled deliveries.
For Products sent using our delivery carrier service you are required to sign a Proof of Delivery note to acknowledge receipt of the Products. 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 delivery and of the condition of the Product at the time of delivery.
For smaller items that we send by parcel courier, there is no obligation to check the Products while the courier is with you. However, you are required to inspect the Products for visible damage within 2 working days of the delivery date and advise us if damage has been found so that we can arrange a replacement or refund. After this time, we will not accept responsibility for any damage reported, given the possibility that damage may have occurred after Products have been delivered.
Products will only be taken to a room of your choice subject to a satisfactory health and safety assessment by our delivery carriers. If the Products cannot be safely put into position, our drivers will offer to leave the Products in a place that is acceptable to you. Our delivery carriers are not responsible for dismantling furniture that you may already have in your room or for cleaning the room after furniture has been installed.
We will not send Products outside of the UK Mainland. If you intend to send the Products onward after delivery by us, you or your representative must check that there are no problems with the Products before they are shipped. We will not be held liable for any problems with the Products after you or your representative have accepted the Products from us.
If you order Products for delivery outside the UK Mainland, we strongly recommend you ensure your chosen courier has adequate insurance to cover the costs of your Products in transit. We cannot be held liable for any problems that are incurred once the Products have been shipped overseas.
If you are unable, for whatever reason, to take delivery of your Products on the confirmed and agreed delivery date, we reserve the right to charge you 10% of the value of your order for any subsequent deliveries if using the Standard Delivery Service and 12% if using the Premium Delivery Service.
We store orders in our warehouse for a maximum of three weeks only. After three weeks we charge all customers £20 per item per week.
If we accidentally damage a Product in the course of delivery, then our liability for that damage is limited to the repair, refund or replacement of that Product or for a refund of your purchase price.
We endeavour to ensure that our delivery team are polite and exercise all reasonable skill and care in delivering the Product to you and in its assembly (if required). To the fullest extent permitted by law we shall not be liable to you for any accidental damage to your property or person resulting from delivery of our Products.
The Products will be at your risk from the time of delivery to you.
Ownership of the Products will only pass to you when we have received payment in full of all sums due in respect of the Products, including delivery charges (if applicable).
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. These prices will be subject to any promotional offer or discount where applicable, include VAT at the prevailing rate and any delivery charges (except for deliveries to the Highlands and/ or Premium Delivery which will be added to the total amount due as calculated on our Site’s shopping cart/ checkout page).
We take care to monitor our prices against other suppliers of the same sofas or sofas that may mirror our design and quality to a point that we ourselves would consider it to be an actual equal to our model. Therefore we adjust prices to make sure we offer great value. Prices can go down as well as up dependent on market conditions. Prices also may vary as prices of the many different fabrics that we offer often change with market conditions. We hope this helps with your understanding of how we keep the pricing structure or products. We need to have an active price structure to offer lower than high street prices for our great hand made British Sofas. Thank you for shopping with Just British Sofas.
Prices are liable to change at any time, but changes will not affect orders for which we have already sent you an Order Acceptance Confirmation.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Products correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Products correct price is higher than the price stated on our site, 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.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Acceptance Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing. Payment for all Products must be by credit or debit card. We take full payment when you place your order.
When you return a Product to us: • because you have cancelled the Contract between us within the 7 working day period (as specified above under our ‘Cancellation and Amendments of Orders’ Policy), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you, and we will arrange for collection of the Product at our cost. If we are unable to collect the Products at the agreed time due to your actions, we reserve the right to make a charge for any subsequent collection of the Products for 10% of the value of your order. Products must be returned to us in a saleable condition and we reserve the right to make a reasonable deduction from the amount refunded to you if there are signs of wear and/or damage to the Products.
• For any other reason (for instance because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time (please note where we reasonably believe a defect was caused by you this may affect the amount of your refund). We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product.
Mattresses must be returned and unused and still in their original, sealed packaging due to hygiene reasons. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. 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 our upholstered sofas, sofa beds and armchair Products carry a 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 this guarantee being made against your Product the following will apply: We will require proof of purchase; we will either arrange a 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. In the event of a replacement, you may select an alternative Product but you will be liable to pay any difference in price.
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:
• 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 6 free fabric samples from us through the order process prior to ordering our Products to enable you to visualize 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.
If you require additional or further fabric samples, we reserve the right to make a charge.
If you order Products from our site for delivery outside the UK Mainland, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
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 Willow and Hall Ltd 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.