Terms and Conditions of Trading of couchandsofas.com
Table of Contents
You must be eighteen (18) years of age or older to purchase from us.
We only offer contracts in the English language.
You should keep a copy of this document for future reference.
You are responsible for paying import costs and taxes (for deliveries outside the UK) as an additional charge.
Couchandsofas.com is a subsidiary business of Cream & Browne Lifestyle Limited registered in England, company no 05313723, VAT No: 850721637, and with our registered office at Unit 17 Britannia Enterprise Park, Britannia Way, Lichfield, WS14 9UY.. For correspondence please contact us at email@example.com or call us on 0121 803 0340
1. These Terms
1.1. These Terms and Conditions of Trading (‘Terms’) apply to all contracts between Couchandsofas.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, you should stop using the Website immediately.
1.3. Any order you place with us is not accepted until we have provided you with a written sales order confirmation (by email, post or in person).
1.4. Clause 15 (Website purchases) applies only to sales made through our Website.
1.5. 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.
1.6. 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.
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 finish, stitching, piping, cushion pads, fabric mixes or upholstery.
2.2. Modular Sofas: corner sofas, chaise sofas, or any sofa which is produced and assembled in individual modular units.
2.3. ‘Product(s)’: any sofas, armchairs, sofa beds, footstools, cushions or other products that we sell.
2.4. ‘Standard Range’: any Products that are listed on our Website in the sizes and fabrics as listed and which are not Bespoke Products or Clearance Products.
2.5. ‘United Kingdom’: this is the main island of Britain; it excludes Northern Ireland Scottish Highlands and any islands that are geographically separate from the main island of Britain.
2.6. ‘Republic or Ireland’: the Irish Republic, excluding Northern Ireland.
2.7. ‘Website’: www.couchandsofas.com and our associated web pages..
3. Customer location
3.1. Please note that our delivery and returns policies differs according to whether you are resident in the United Kingdom or outside these locations. Please see clauses 7 (Delivery), 10 (Cancellations and Returns) and 12 (Guarantees) for further details.
4. Products specifications
4.1. For all Products that you order, it is your sole responsibility to choose the colour of the fabrics that is suitable for your intended use of those Products, and 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 1.5% 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. Sample swatches should be chosen prior to ordering sofas to confirm colour matching with your requirements. Customers are limited to six complimentary samples.
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 due to the natural make up of the products.
4.5. Leather Products are made from natural leather and accordingly they may not be uniform in colour or texture. Only the finest hides are selected but they will show natural marks and scars on the hide. Some leathers will mellow with age and exposure to sunlight and heat.
4.6. 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.
4.7. 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.
5.1. 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 from what we charge you due to, for example, differences in your country’s VAT rate.
5.2. All prices which we have quoted to you are valid for up to 28 days from the date on which the quote was given, unless otherwise indicated by us.
6.1. We accept the forms of payments that are stated on our Website during the online purchase process.
6.2. When you buy online you pay 50% deposit and 50% prior to your Couch product being delivered. You will be notified of when to pay the remaining 50%
6.3 The 50% deposit will need to be paid on receiving the order invoice to secure the order. Production on the order will not start until this deposit is made by the Buyer.
6.4 – The Buyer will be required to pay the remaining 50% payment prior to goods being released for delivery. This payment must be made before the delivery can made.
6.5 If the Buyer fails to make final payment as required before delivery, the Seller may suspend delivery of the products or any further products until payment is made in full
7.1. We aim to deliver Products to your specified United Kingdom or Republic of Ireland address within eight to ten weeks of the date on which we accept your order. Some Products due to customisation and design may incur additional lead times. 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. Delivery within the UK is free of charge. Individual delivery charges based on your delivery address will be shown at checkout.
7.3. Our delivery teams only operate during our delivery hours. These are: for Monday to Friday, between 9am - 5pm, excluding Sundays and public holidays in the United Kingdom.
7.5. We will endeavour to deliver your 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 and Republic of Ireland
7.7. We will deliver your Products to the United Kingdom or Republic of Ireland address which we specify in our order confirmation to you. Deliveries to Northern Ireland and Republic of Ireland 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, including keeping children and pets out of the way, removing any precious items and protecting floors as necessary.
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 during 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 three 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 proceeds 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. These Products will be checked by the buyer and the delivery note signed to accept your order is in perfect condition. Please keep your signed copy of the packing list as this will be required for the 2 years warranty. The outer packaging will be removed from site by the delivery team.
Delivery to locations outside the United Kingdom and Republic of Ireland
7.16. If you require the Products at a location outside the United Kingdom and Republic of Ireland, we can deliver to your address. 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, a relative or an employee of yours). Liability for the Products becomes yours upon the earlier of our delivering the Products to you or your agent at the relevant port 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 and Republic of Ireland 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.
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.ac
8. Risk and title
8.1. The Products will be at your risk from the time of delivery to the United Kingdom or Republic of Ireland 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).
10. Cancellations and Returns
10.1. You have the following rights set out in this clause 10 provided that you have purchased our Product(s) across any of our telephone or online channels and as a consumer and not otherwise. For the purpose of these Terms, you are a ‘consumer’ if you are an individual purchasing Products for purposes that are wholly or mainly outside your trade, business, craft or profession.
10.1 Subject to clause 10.2 below, under the Distance Selling Regulations, you may cancel a Contract with us at any time within seven days, beginning on the day after you place your order for Products, with the exception of made to measure items. Cancellations of orders which are classed as bespoke will not be entitled to a refund of the initial 50% deposit. This right only applies to sofas and chairs in fabrics and colour ways purchasable from our website i.e. it does not apply to bespoke options that you may have specifically selected from the customisation section on our website. In qualifying circumstances, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.
10.2 Due to the nature of the Bespoke Products, you may not cancel your order, either before or after delivery. Products, which have been customised, are done so specifically for you. These products are a unique and bespoke item and your automatic right to cancel or return lapses. Once delivered, no furniture may be returned to us, nor will Couch provide any refund unless the goods are defective or have been accidentally damaged during delivery. This does not affect your statutory rights. Refunds will not be given for any computer aided visual work undertaken us.
10.3 Modular Sofas are non-refundable.
10.4 Once you've placed an order, you can't change it, but you can amend your contact and delivery details
10.5. This clause 10 does not affect your statutory rights.
11. Events outside of our Control
Without prejudice to your statutory rights, we are not responsible for delay in supplying or delivering or failure to supply or delivery any products, services or third party warranties, if this delay is due to unforeseen events beyond our reasonable control. We will let you know as soon as possible if there is going to be a problem, and give you an opportunity to cancel your order, in which case we will refund all amounts paid by you to us under the order, as well as giving you an opportunity to continue with the order if possible, in which case we will agree with you a revised time for delivery as soon as we are in a position to continue performing the order.
12.1. Subject to the remainder of this clause 11 and clause 13 (Our Liability), we provide the following guarantees (‘Guarantees’):
12.1.2. 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.