- ABOUT US
1.1 Charles George Sofas is the trading name of Kirkdale Mail Order Limited. Our registered address is Viaduct Works, Crumlin Road, Crumlin, South Wales, UK, NP11 3PL.
1.2 You can contact us at the above address or by calling our Customer Services Team on 01495 246763 or email at email@example.com.
2.1 “we, us or our” means Kirkdale Mail Order Limited trading as Charles George.
2.2 “you or your” means any person, business or company buying goods directly from us.
2.3“these conditions” means the terms and conditions of sale set out below and any special terms and conditions agreed in writing by us.
2.4 “goods” means any goods that we sell and are supplied by us to you.
2.5 “standard range” means any goods that are listed within adverts, brochures or on our websites in the sizes and fabrics as listed and which are not bespoke goods.
2.6 “Bespoke” means any goods that are not standard goods available within our standard range but those that we manufacture to your specification. This includes (without limitation) where you have requested that we make changes to the fabric, leather, stitching or piping. Bespoke also includes replacement parts for existing furniture such as cushion covers, whether for current or discontinued models.
2.7 “UK Mainland” is the main island of Great Britain; it excludes Northern Ireland and any islands that are geographically separate from the main island of Great Britain.
2.8 Any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2.9 the headings in these conditions are for convenience only and will not affect their interpretation.
- USE OF THE GOODS
3.1 Different laws apply to the sale of goods depending on whether a person/s is buying goods as a consumer or a person/company buying as part of a business. Under consumer laws, you are a consumer if you are buying wholly or mainly for your personal use and not for use in connection with your trade, business, craft or profession.
3.2 All our goods are suitable for general domestic use only and we are focused on selling directly to consumers and not for resale, unless agreed with you. If you are planning to use the goods in a non-domestic environment or in the course of a business, such as rental properties or schools, it is your responsibility to ensure that the goods are suitable. We do not accept responsibility or liability for safety standards or compliance with fitness for purpose for goods purchased and being used as part of your business, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition. You may also invalidate manufacturing warranties if goods are used for business purposes.
3.4 Nothing in these terms and conditions shall exclude or purport to exclude your statutory rights arising from dealing with us as a consumer.
- PRODUCT SPECIFICATIONS
4.1 At Charles George we exclusively design our own furniture which is manufactured by us. As part of this process, we are constantly updating and improving our designs which means that from time to time it may be necessary to make small changes/adjustments to product specifications or descriptions provided these changes will not materially affect the quality or fitness for purpose of the goods. Should this be the case, your statutory rights will remain unaffected.
4.2 Each of the items that we produce is individually hand-made. Consequently there can be minor variations in colour, size and appearance of the finished goods to take into consideration individual hand-made crafting, for example, padding tension and in cushion choice.
4.3 The measurements of the goods provided within our sales literature in all published formats are as accurate as possible but are nevertheless approximate and must be considered as a guide only.
4.4 All descriptions and illustrations contained in any sales literature, quotation, or pricelist or other advertisement material are intended to represent a general idea of the goods that we sell. Colours are rendered as accurately as the printing process allows and we cannot guarantee the accuracy of a printed or digital reproduction.
4.5 Samples of fabric and leather provided by our sample service are an indication of the colour, texture and appearance of those available fabrics/leathers for each model. We endeavour to provide up to date samples but batches will vary and shade variations can occur between batches for both fabric and leather. As a natural product every piece of leather is unique and may include variations in colour and texture and may show natural markings and scars. This is normal and is not considered a defect. Natural characteristics in either the appearance and performance of fabrics or leather will not be covered under the guarantee provisions of clause 11.
4.6 If you are thinking of buying extra items under a separate contract or at a later date, such as a footstool or chair, there may be a variation to the original goods and it is therefore best to order all required items at the same time to ensure a batch/shade match.
- OUR CONTRACT WITH YOU
5.1 All orders for goods requested via our showroom, telesales or our website shall constitute an offer by you to purchase those goods and are subject to acceptance by us. We reserve the right to accept or decline the order request at our absolute discretion. We will confirm our acceptance of your order by email or by post within an Order Confirmation document. The contract between us will be formed when we send you an order confirmation. Please quote the order confirmation number in all subsequent correspondence with us relating to your order.
5.2 Our employees or agents are not authorised to make any representations concerning fitness for purpose, use, application or storage of the goods unless confirmed by us in writing. In making a request to buy goods you acknowledge that such representations cannot be relied upon unless confirmed in writing.
5.3 Any typographical, clerical or other error or omission in any sales literature, quotation, pricelist, acceptance of offer, invoice or other document or information issued by us will be subject to correction without any liability on our part.
5.4 We will always endeavour to meet the requirements of the confirmed order. There may be circumstances following confirmation where we are unable to manufacture or deliver the goods for reasons beyond our control. If that is the case, we will notify you as soon as possible and will refund the money paid. Our acceptance does not therefore guarantee completion of the contract and is subject to availability.
5.5 All orders are fulfilled subject to these conditions to the exclusion of all other terms and conditions which you propose should apply unless varied by an agreement in writing by our authorised representatives and you.
5.6 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 goods from us unless changes are required by law or governmental authority, in which case such changes will apply without notification
- PRICE AND PAYMENT
6.1 We try our best to ensure that the prices and calculations on our website or as quoted by our showroom or telesales are accurate and up to date. If we discover an error in pricing or calculation we will inform you as soon as possible. If we have displayed an inaccurate price in error, or have misquoted or miscalculated the price of the goods, we are under no obligation to provide the goods to you at an incorrect (lower) price, even after we have sent you an Order Confirmation if the pricing error is a genuine or obvious mistake.
6.2 If we identify an error that materially impacts your order request or confirmed order, we will provide you with the option of cancelling your order in full or the part(s) of your order affected. Any payment you have made will be returned to you in full using the same payment method that you used to place your order. If we are unable to immediately contact you to confirm your instructions, the order will be cancelled and full payment will be refunded.
6.3 All quoted prices include VAT. Delivery costs will be added to the total cost of the goods.
6.4 Payment of the price is of the essence. You must pay the full purchase price when you place your order request online or by telephone. Deposit payments may be taken within our showroom(s) by agreement on the understanding that full payment will be made on notification of a delivery date. The goods will not be delivered until full payment has been received and cleared.
6.5 If you require the goods to be delivered to an address that it not the registered address of the cardholder making payment for the goods, additional security checks will be required and we will forward an authorisation code to the registered address of the cardholder. The order and payment will only be processed on confirmation of the authorisation code. This applies to the purchase of sofas/chairs and any other items delivered by our transport service and will not apply to the purchase of smaller items delivered by independent carrier service or by post.
6.6 We may from time to time offer discount/ promotional codes. The relevant code will be required upon placing your order to be eligible. You can use only one discount/promotional code per order.
6.7 We reserve the right to cancel an order and refund in full if delivery cannot be achieved by reason of failure to agree a delivery date, inadequate access or other reason which inhibits our ability to complete the contract.
6.8 Where your order is placed under a finance agreement, the order will be confirmed once the finance agreement has been fully approved by our finance provider. Once approved, your credit agreement forms part of a linked and legally binding contract. By entering into such an agreement, you are obliged to pay the specified amount to the finance provider as detailed on your finance agreement. Cancellation of standard orders under clause 10 will automatically cancel the linked finance agreement and any deposit paid will be refunded to you subject to the provisions of clause 10. The guarantee provisions of clause 11 will apply equally to purchases made under finance.
- DELIVERY /COLLECTION FROM US
7.1 We will deliver the goods to the address specified by you provided that address is within the UK mainland. The delivery charge will be notified on placing your order. The purchase of multiple items and/or delivery to UK islands and some Scottish regions may incur an additional delivery charge which will be notified on placing your order. These charges must be paid with the balance of the price.
7.2 Your Order Confirmation will provide an estimated lead time for the delivery of your order. Time of delivery is not of the essence in these conditions. If we are unable to deliver to you within a time stipulated by you, we will cancel the order and issue a full refund of the price paid. The goods may be available for delivery by us in advance of any estimated date upon reasonable notice and as agreed with you. While every effort will be made to deliver within the estimated delivery date, unexpected and/or unforeseen delays may occur in the supply chain in advance of the delivery date or en route on the day of delivery. We shall not be liable for any claim for loss or damage whatsoever, including consequential loss, arising directly or indirectly from any delay in the delivery of all or any of the goods howsoever caused.
7.3 It is your responsibility to ensure there is adequate access to and into the property where the goods are to be delivered. Attached to your Order Confirmation will be a Delivery Checklist which applies for the delivery of large items by our transport service and will explain the delivery process, access requirements and vehicle size. To avoid any unforeseen difficulties with your delivery, please contact us if there is something that we should know regarding access to and into your delivery address such as local parking/highway restrictions, low bridges or overhanging trees that will affect access. You will be required to remove any obstructions around your property such as outdoor ornaments, plant-pots or furniture from the delivery pathway.
7.4 If, after accepting the delivery date, you need to tell us that there are special factors which may affect your delivery on the agreed date (for example highway closures in your area or a lift is out of order), please contact us immediately you become aware of this restriction.
7.5 You must ensure your own availability or that of your nominated representative/ carrier to take delivery once a delivery date has been agreed. If either you or someone on your behalf is not available to take an agreed delivery and we are unable to complete the delivery you may be required to pay a further delivery charge before any further attempt to deliver the goods is made
7.6 We do not remove or dispose of existing furniture and we will not remove or be responsible for the movement of existing furniture or ornaments in the delivery path.
7.7 While our delivery team will exercise reasonable care when installing the goods into your home, it is also your responsibility to check dimensions of internal and external access points including doors, corridors, stairs and corners. The goods will be delivered by a two person delivery team to your property and into the desired room which must be either on the ground floor or via adequate stairs to the first floor (as a guide, maximum 2 flights/30 steps but please contact us to discuss further if your access is over this guide) or by elevator above the first floor. Deliveries above a first floor may be reasonably refused if not easily accessible.
7.8 Good clear access should be provided from the outside of the property and into the room prior to the delivery teams’ arrival. All ornaments, pictures and furniture items that could restrict the delivery process and could reasonably be foreseen to be at risk of damage during the delivery should be removed. Please also ensure children and pets are kept out of harm’s way.
7.9 Floor coverings should be protected where required in order to withstand use by outdoor footwear. Health and safety regulations dictate that the delivery team must wear appropriate footwear at all times. If in any doubt, please contact us for further advice.
7.10 We reserve the right not to deliver the goods if, upon reasonable assessment by the delivery team, access is inadequate or there is a risk of damage to the goods or property. In such cases, a new delivery charge may apply for any further attempts to deliver to a different location/address at your request. You have the option to cancel a standard order and receive a full refund under these circumstances but alternative delivery arrangements must be made for a bespoke or customer’s own fabric order which are non-cancellable. The delivery team may attempt delivery at your request provided only that the delivery will be at your own risk and we accept no responsibility for any damage that may occur to the goods, property or any other damage under these circumstances.
7.11 We do not accept responsibility for damage to your property or possessions during delivery unless such damage is brought to the attention of the delivery crew at the time and before they leave and is noted upon the delivery paperwork, or is reported to us at the very latest within 24 hours of the delivery. Any claim for damage will be subject to investigation and assessment of our mutual duty of care. You may be asked to provide full details, estimates and photographic images of the damage for assessment without our acceptance of liability. Our liability, if agreed on reasonable investigation, is limited to the repair of the specified damage only. If you do not report damage to us at the relevant time we cannot accept liability for any such damage later reported.
7.12 You may wish to arrange to collect the goods from us with your own means of transportation. We will notify you of the date the goods will be available for your collection and you will agree a suitable collection time. It is your responsibility to ensure that the means of transportation from our premises is suitable for the type of goods you are collecting. No liability is accepted for shortage or damage in transit once the order has been placed into your possession or that of any representative/carrier collecting on your behalf. We are unable to store or hold goods indefinitely.
7.13 We do not deliver outside the UK mainland. If you require delivery to an address outside the UK mainland you must arrange your own transportation from the UK mainland. You can collect from us (subject to 7.12 above) or ask us to deliver to a UK mainland delivery address (upon payment of the appropriate delivery charge and subject to the general conditions of delivery) for onward delivery arranged by you.
7.14 Should you require delivery using our small Luton Van (as opposed to our standard 7.5 ton delivery vehicle) due to access restrictions to your property or should you require a specific delivery date, we can offer a Bespoke Delivery option. Bespoke Delivery prices start at £95 dependent on location and a quotation can be provided on request. General delivery conditions will apply. Where a cancellation request is received in accordance with the provisions of clause 10 herein, only the standard delivery charge to a UK mainland address which would have applied at the point of ordering will be refunded. The additional charge for the Bespoke Delivery is not refundable.
7.15 Smaller items, such as additional sets of sofa covers, footstools, armpads, bolsters or scatter cushions, will be delivered by an independent carrier service usually on a ‘Next Day’ delivery service (excluding weekends and some Scottish\non mainland UK postcodes). Once your order is available for delivery, we shall contact you to schedule a delivery date. If we do not have specific delivery instructions or are unable to speak with you, it is usual that the goods will be despatched for delivery the next working day. By providing your telephone number/email address, you agree that these details can be relayed to the carrier service for direct notification of the delivery by either text or email. We are unable to change the delivery address once the goods have been despatched.
7.16 Items such as armcaps or singular scatter cushions will be despatched by Royal Mail 1st or 2nd class service without notification.
- RISK AND TRANSFER OF OWNERSHIP
8.1 Upon delivery, the goods will be unpacked and assembled by our delivery team, unless you have specifically requested them not to do so or it is not practicable for them to do so. We will not remove the outer packaging of a mattress within the sofabed option. The delivery team will ask you to inspect the goods and to sign a receipt for the goods confirming that they have been received in a satisfactory condition. It is important that you inspect the good as we cannot accept responsibility for obvious damage not reported upon delivery, even if you have chosen not to inspect them. The signature of the person accepting delivery at the delivery address will be deemed to be your authorised signature or that of an authorised person acting on your behalf.
8.2 Where delivery or collection is completed by your representative or carrier, they will be responsible to check the order and ensure the goods conform with the contract before they take possession of them. No liability is acceptable for damages or shortfalls not brought to our attention once the goods are accepted by your representative or carrier.
8.3 The goods will become your responsibility when:--
8.3.1 we have delivered to you at your delivery address and they are unloaded from our vehicle and (where reasonably practicable) placed into the property specified by you or unloaded into the possession of your nominated representative/carrier;
8.3.2 when the goods have been collected from us and are loaded onto your vehicle or that of your nominated representative/carrier at our premises
8.4 Ownership of the goods will transfer to you on completion of delivery/collection as described in 8.3 above and only on condition that we have received in cash or cleared funds payment in full of the price of the goods together with any delivery or other charges you are required to pay.
8.5. Where the contract between us is cancelled in accordance with your statutory or contractual rights of cancellation in clause 10 or any other reason by agreement, ownership will transfer back to us (where ownership has already been transferred to you) and you are obliged to take reasonable care of the goods until we have collected them from you.
- QUALITY AND CONFORMITY
9.1 You are responsible to ensure that you have received the correct quantity of goods in accordance with your Order Confirmation. Any shortage in quantity should be immediately brought to the attention of the delivery team on delivery and arrangements will be made for the delivery of the confirmed missing items. We cannot accept responsibility for any shortage of goods within an order if not raised on or within a reasonable time of delivery and/or where the goods have been acknowledged as being received on delivery.
9.2 You are also responsible for checking the condition and quality of the goods delivered and ensure that all items conform to your expectations as to their description, quality and sample within your Order Confirmation and, where possible, you must highlight any obvious damage or defect with the goods with the delivery team who will return the goods to us. If, upon your reasonable inspection of them, the goods are found to be damaged, defective, do not comply with their description or sample after the delivery team has left, or for deliveries made by carrier service or Royal Mail, you must notify us within a reasonably time and up to a maximum of 30 days of their delivery to you.
9.3 You must allow us the opportunity to examine the goods where they are reported as damaged, defective, not as described or if they do not comply with the sample. If the goods have not been immediately returned upon delivery, you must allow us the opportunity to collect them within a reasonable time of the delivery and before you make use of them. If confirmed, we will make good any defect, damage, failure to comply with the description or sample by replacing or repairing the goods. We undertake to do this causing as little inconvenience to you as possible.
9.4 We may, at our discretion, offer an exchange without inspection of the goods reported as damaged or defective within 21 days of their delivery as a goodwill gesture. Such gesture cannot be conclusively presumed to be an acceptance of the existence of a defect, damage or failure to comply with the description, quality or sample.
9.5 Where we have inspected or exchanged the goods under sub-clause 9.3 and 9.4 and we fail to rectify the damage or defect or fail to do this within a reasonable time, you must notify us within the remainder of a 30 day period from the original date which you first reported the damage, defect or failure, or within 7 days after their exchange or return following inspection, whichever is longer. If notified within the appropriate time period, and if validated subject to clause 9.3, we will:-
9.5.1 offer a further repair or replacement;
9.5.2 collect the goods and issue a full refund;
9.5.3 with your agreement, offer a proportionate deduction of the price of the goods should you wish to retain them. In such circumstances, no further responsibility will be accepted for the damage or defect.
9.6 You will also have the option to reject the goods for a refund in accordance with your statutory consumer rights if the goods have arrived damaged or they fail to conform with the implied provisions as to their quality, description or sample subject to our agreement of their condition in clause 9.3 or if we have not satisfied the conditions of clause 9.5
9.7 If you do not intimate any damage, shortfall or other breach of the implied statutory rights as to their quality, description and conformity within 30 days, the goods will be conclusively presumed to be in accordance with the agreement and free from any defect or damage which would be apparent upon a reasonable examination of them, and your acceptance of them will be reasonably inferred.
9.8 After 30 days of the delivery to you, the provisions of clause 11 will apply for any alleged defect not reported to us on delivery or immediately thereafter, or defect that is reported to have developed in use.
10.1 You have the unconditional right to cancel a standard distance or off-premise order, in full or in part only, up to 14 days after the date of delivery in accordance with the provisions of The Consumer (Information, Cancellation and Additional Charges) Regulations 2013. This period is to help you inspect the goods and correct any wrong choices having not had the benefit of seeing the goods prior to their purchase. As such, it is not intended as a period where you can make normal use of the goods and impact its condition. During this trial period it will be your responsibility to maintain and protect the goods keeping them in an “as new” condition. The 14 day cancellation period commences the day after delivery and expires at the end of the 14th day thereafter.
10.2 You have the additional right to cancel a standard order in full or in part only, at any point up to the 21st day after the goods have been delivered to you. The 21-day period commences on the day the goods are delivered and expires on the 21st day thereafter. The responsibility to take care of the goods as detailed in clause 10.1 will continue until the expiry of the 21st day after delivery.
10.3 The right to cancel as provided within clause 10.1 and 10.2 is conditional upon written notification being delivered to the address detailed within the Order Confirmation Note or by email to firstname.lastname@example.org or via the Contact Us link on our websites www.charlesgeorge.co.uk. You may use the model cancellation form below but it is not obligatory:-
I/We [ * ] hereby give notice that I/We [ * ] wish to cancel my/our contract of sale of the following goods:
Received on [ * ]:
Your signature (only if this form is posted to Us)
Reason for cancelling (optional):
[ * ] Delete as appropriate.
10.4 Where cancellation is notified within the period as provided by clause 10.1 and 10.2 herein, the delivery charges paid in relation to the contract will be refunded subject to clause 10.5
10.5 Some Scottish regions will incur a collection charge upon cancellation equal to the delivery charge, if applicable, or will otherwise be notified upon cancellation. If you elected to upgrade the delivery to Bespoke Delivery, or require a Bespoke Collection service, a collection charge will apply on cancellation of the order equal to the Bespoke Delivery charge or will be quoted on request if a standard delivery charge applied. A Bespoke Collection Charge will apply to all collections of cancelled orders from access restricted properties or collections requiring a specific collection day using our smaller Luton Van.
10.6 Where cancellation relates to part only of the delivered order, the original delivery charge will not be refunded.
10.7 Where cancellation pursuant to clauses 10.1 and 10.2 is exercised, ownership of the goods will revert to us. The cancellation will be subject to the following provisions:-
10.7.1 That you take reasonable care of the goods and refrain from using them further;
10.7.2 That the goods are made freely available for collection.
10.8 If you have not fulfilled the requirements of clause 10.7.1 and the furniture is collected from you or returned by you in a damaged and/or unsatisfactory/unsaleable condition, we reserve the right to withhold a reasonable sum for the resulting loss in value of the goods. If we propose doing this we will notify you within 5 working days after the goods have been collected from you and inspected by us. In such circumstances, we will afford you, or someone on your behalf, an opportunity to inspect the goods within a reasonable time following their collection.
10.9 You will be notified of a collection date within 21 days of the notice of cancellation. You must make every effort to make the goods available on the first notified date of collection that we provide. We may, at our discretion, offer an alternative collection date if the original date is not convenient but the goods must thereafter be made available on the second date offered. If we fail to collect the goods on the agreed date due to unforeseen circumstances, we will automatically offer a further collection date. If you do not make the goods freely available for collection in accordance with clause 10.7.2, we reserve the right to claim recompense for the goods delivered and not returned.
10.10 Where cancellation is exercised in accordance with clause 10.1 and 10.2, we shall refund the total purchase price of the goods less any deductions, where applicable, as indicated in clause 10.5 and/or clause 10.8 within 14 days following their collection/return.
10.11 Where cancellation is exercised is accordance with clause 10.2 (between 14 and 21 days from the delivery date) the refund will be issued provided only that the provisions of sub clauses 10.7.1 and 10.7.2 are satisfied. We reserve the right to reject a cancellation request under clause 10.2 if the requirements of 10.7.1 and 10.7.2 cannot be fulfilled.
10.12 You have the option of returning the goods by your own arrangements and at your own expense. We will only accept the return of the goods if they are returned to us within 14 days of the notice of cancellation and that the general provisions of clause 10 fulfilled.
10.13 Where your order is cancelled prior to delivery, all cleared funds received by us from you will be refunded within 30 days.
10.14 If you purchased the goods on finance in accordance with clause 6.8 the general provisions of cancellation will apply. The finance agreement will be cancelled on the collection of the goods. Any deposit paid to us will be refunded subject to any deductions as detailed in clause 10.8. We reserve the right to claim from you any sums over and above the amount paid to us as a deposit if the conditions of clause 10.8 have not been fulfilled.
10.15 Goods transported off the UK mainland after delivery must be returned to the UK mainland in order to exercise the rights of cancellation whereby arrangements can be made to collect with furniture from your nominated UK mainland address or you may return them directly to us. The general cancellation provisions of Clause 10 will apply.
11.1 These guarantee provisions apply between you and us as part of our contract. Guarantee provisions are not transferable without our written agreement.
11.2 All our goods are guaranteed against inherent manufacturing defects which become apparent and are notified to us within 2 years of the first date upon which the goods are delivered to you allowing fair wear and tear. Our guarantee is limited to inherent defects in materials and/or workmanship and we do not accept liability caused by improper use or abuse of the goods or accidental damage howsoever caused.
11.3 All our hardwood frames are guaranteed against inherent manufacturing defects which become apparent and are notified to us within 5 years of the first date upon which the goods are delivered to you. This guarantee is limited to inherent defects in the internal structural wooden framework and does not include springs, boards, padding or the upholstery cover. Sofabed mechanisms and mattresses are also excluded. This guarantee does not cover general wear and tear and we do not accept liability caused by improper use or abuse of the goods or accidental damage howsoever caused.
11.4 Where you have notified us of an apparent manufacturing defect with the goods after 30 days of delivery and within 2 years of the date of delivery subject to clause 11.2 or within 5 years subject to clause 11.3, you must make the goods available and allow us to collect from a UK mainland address and transport them to our premises to undertake an inspection. It will be your responsibility to ensure adequate access to and within your property so that the goods can be removed safely and without obstruction. We are not obliged to provide alternative goods on loan whilst your goods are being inspected but we will undertake to collect the goods and complete the inspection as quickly and with as little inconvenience to you as possible.
11.5. We will, at our absolute discretion, repair or replace any goods, or parts thereof, if we agree that an inherent defect in the manufacture and/or workmanship has developed.
11.6 We will not repair or replace the goods either if it impossible to do so or if (acting reasonably) we consider to do this would be excessive having regard to the value of the goods, nature of the defect and the extent of the inconvenience likely to be caused.
11.7 If a repair or replacement is unsuccessful, subject to validation under sub-clause 11.4, is not available subject to sub-clause 11.6 or is not provided within a reasonable time and without significant inconvenience to you, we will:-
11.7.1 offer a further repair if agreed under sub clause 11.4;
11.7.2 offer a reduction in the price of the goods should you wish to retain them taking into consideration the amount of use you have gained from them, or
11.7.3 cancel the contract between us. Any reimbursement will be reduced to take into account the time of ownership and use of the good since delivery.
11.8 If the goods prove to be inherently defective we will bear the cost of transportation to and from your property together with the costs of repair/replacement. If they are not defective under the terms of this guarantee, then you must pay our transport costs subject to a maximum of £50 per delivery/collection in England and Wales and a maximum of £150 in Scotland and you will be expected to accept their return. If you refuse to accept the return of the goods to you following our collection and inspection for whatever reason, then we may at our discretion charge you a storage fee of £5 per day or a disposal fee of £100.
11.9 These guarantee provisions only apply to goods made available for collection at an accessible address within the UK mainland. If there is inadequate access it is your responsibility to make the goods available for their collection from an accessible UK mainland address.
11.10 For goods transported off the UK mainland after delivery to a UK mainland address, the guarantee provisions will only apply if the goods are made available for collection on the UK mainland. It will be your responsibility to return them to the UK mainland at your expense. We do not accept liability for any charges that you incur in returning the goods to the UK mainland to exercise these guarantee provisions.
11.11 The guarantee will apply to goods purchased for private general domestic use only. We reserve the right to withdraw the guarantee provisions herein if the goods are used within a commercial, rented or sub-let environment.
11.12 A ‘Caring For Your Furniture’ instruction label will be attached to each item, usually sewn into the seating area, underneath the seat cushions or underneath the seat/footstool base. Please take time to read the care labels. Do not remove the care label or the attached fire safety label as these provide important information regarding your goods. These guarantee provisions will not apply if the care instructions are removed and\or are not complied with.
11.13 The guarantee provisions are an addition to and not a substitution of your statutory consumer rights.
11.15 Any repair/replacement provided under the terms of this guarantee will be guaranteed for the remainder of the original guarantee period only.
12.1 Where goods are cancelled in accordance with clause 10.1 or 10.2 herein but alternative goods required from us in exchange, the exchange goods will be covered by the cancellation rights afforded by clause 10.1 only.
- bespoke orders
13.1 We may at our discretion manufacture goods which do not form part of our current or standard product range but are manufactured to your own specification. In these circumstances you will be required to sign a “Bespoke Order Agreement” form.
13.2 You must ensure that the delivery/collection provisions of clause 7 herein can be achieved before placing your bespoke order. We cannot accept responsibility for the failure of your bespoke order delivery due to inadequate access or other obstructions that will make the standard delivery of your bespoke order not possible for us.
13.3 Payment in full is required when placing a bespoke order.
13.4 After completion of the Bespoke Order Agreement and before we manufacture the goods, you will be sent a sample of the fabric/leather batch to be used to fulfil your order. You will need to confirm the sample prior to the manufacture of the goods by contacting us by email or telephone, details of which will be provided within a ‘Bespoke Sample Confirmation’ form. Your order can be cancelled at any point up to your confirmation of the bespoke sample. Once the bespoke sample is confirmed and manufacture commences, your order cannot be cancelled and the provisions of clause 10 herein will not apply
13.5 Your statutory consumer rights remain unaffected.
- CUSTOMER’S OWN FABRIC
14.1 We may at our discretion manufacture goods using your own fabric. You will be required to send a reasonably sized sample of the intended fabric/leather in order for us to approve its thickness, texture and suitability before we can agree its use for the design requested.
14.2. It is your responsibility to ensure that the fabric/leather is suitable for your intended use of the goods. You will be required to submit current, at least within the past year but preferable within 6 months, fire safety test certificates to prove the statutory compliance of the fabric for your intended use of the goods. All parts, other than the fabric/leather that you supply, will be supplied to meet general domestic use requirements only.
14.3 You will be required to sign a ‘Customer’s Own Fabric’ agreement form to acknowledge that the cancellation provisions of clause 10 herein will not apply
14.4 Payment in full is required when placing a Customer’s Own Fabric order.
14.5 The guarantee provisions of clause 11 herein will not apply to the fabric/leather of the goods where customer’s own fabric has been used to fulfil your order.
14.6 Your statutory rights remain unaffected but are limited only to the parts of the goods that we have supplied.
15 CLEARANCE FURNITURE
15.1 Clearance furniture consists of (but is not limited to) ex-display, discontinued products, cancelled orders or “like new” furniture. Clearance furniture will be free from major defect but will not be in a new condition and the price is reduced to reflect this.
15.2 For on-line, off-premise/distance orders, the cancellation rights of clause 10.1 only will apply alongside the general terms of cancellation.
15.3 The cancellation rights of 10.1 and 10.2 will not apply to clearance furniture purchased in-store which are sold in the condition as viewed prior to purchase.
15.4 The guarantee provisions of clause 11 will apply to clearance furniture but will not cover minor/cosmetic defects obvious upon your reasonable examination of the furniture or brought to your attention before placing your order.
- STAIN PROTECTION TREATMENT
16.1 From January 2020, we are able to offer you a ‘Stain Protection Treatment’. If you purchase our stain protection treatment, the treatment will be applied to your furniture prior to its delivery to your home. A free cleaning kit is provided with every stain protection order except for single stools, armcaps, armpads, bolsters or scatter cushions.
16.2 Should you wish to exercise your right to cancel the furniture within clause 10 herein, you will be required to return the care kit detailed in 16.1 in its original sealed packaging. If you wish to retain the care kit upon cancellation, or cannot return it to us packaged and sealed in the condition delivered, a charge of £25 will be deduction for any refund due to you or be charged to you as appropriate.
- OUR LIABILITY TO YOU
17.1 In the event of any breach of these conditions, your remedies will be limited to damages and under no circumstances will our liability exceed the price of the goods. We shall not in any event be liable to you for any indirect loss and/or expense (including loss of profits) suffered by you as a result of any breach by us of these conditions.
17.2 We will not be liable to you or deemed to be in breach of these conditions by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the goods if the delay or failure was due to any cause beyond our reasonable control. The following shall be regarded as a non-exhaustive list of causes beyond our reasonable control:-
17.2.1 act of God, explosion, flood, tempest, viral epidemic fire or accident;
17.2.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
17.2.3 acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on
the part of any governmental, parliamentary or local authority;
17.2.4 import or export regulations or embargoes;
17.2.5 strikes, lockouts or other industrial action or trade disputes whether involving
our employees or those of any third party;
17.2.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery and;
17.2.7 power failure or breakdown in machinery.
17.3 Nothing shall exclude our liability for death or personal injury resulting from our negligence or for fraud nor exclude or purport to exclude your statutory rights arising from dealing with us as a consumer.
- TIME LIMITS
Any period of time specified in these conditions, with the exception of clause 10.1, will run from the first date upon which the goods are delivered to you or your agent. If for any reason you receive replacement goods or parts any rights available to you in respect of those replacement goods or parts shall only be available for the remainder of any such period.
- COMPLAINTS PROCEDURE
19.1 We are committed to provide a high standard of service to all our customers and to treat them fairly. There may be times when you feel we have not lived up to this. Should you be dissatisfied with any aspect of your order, including pre and post contract enquiries, problems with the delivery, quality of the goods or issues arising out of the product guarantees that has not been reasonably resolved to your satisfaction, your complaint should be issued in writing as follows:-
- Post: Customer Services, Charles George T/A Kirkdale Mail Order LTD, Viaduct Works, Crumlin Road, Crumlin NP11 3PL
- Email: email@example.com.
19.2 Your complaint will be forwarded to the relevant department manager to investigate and report back to you. Letting us know when you are unhappy with the service you experience gives us the opportunity to put things right and to improve our service in future for all. We will commit to working with you on your complaint to try and resolve it to your satisfaction wherever we can.
19.3 If you remain unhappy with how we have handled your complaint, the reasons for your dissatisfaction must be forwarded to our CEO at the above address.
19.4 If we cannot resolve your complaint using our internal complaints procedure, we will inform you that the matter cannot be settled and will refer you to an approved Alternative Dispute Resolution (ADR) via www.tradingstandards.uk/commercial-services/adr-approved-bodies. We are not obliged to use an ADR provider and do not subscribe to an ADR scheme.
From time to time, we may offer for sale through our showroom premises items of furnishings, such as occasional tables and lamps, that do not form part of our standard brochure upholstered furniture range. In such circumstances, the guarantee provisions provided by clause 10 and clause 11 herein will not apply. Your statutory rights with regard to such purchases remain unaffected.
21.1 These conditions and/or contracts between us will be governed by and construed in accordance with the law of England & Wales.
21.2 If any provision of these conditions is held to be invalid or unenforceable in whole or in part, the validity of any other provision of these conditions shall remain unaffected.
21.3 For all purposes your statutory rights remain unaffected.
As of the 25th May 2018, The General Data Protection Regulations (GDPR) mean that you have greater control over how your data is used and kept. We aim to be as transparent as possible when it comes to your data. We will never pass your details onto other companies to contact you. This protects you from receiving unwanted post, emails and telephone calls. We will only use the information that we collect about you lawfully in accordance with all appropriate Regulations.
Update: July 2020