Terms & Conditions

BACKGROUND:

 

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.vintagesofa.co.uk (“Our Site”) or in store.  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site.  You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

 

Please consider before placing an order:

 

  • Easy access for delivery to you – are the doors wide enough, are there any awkward stairs, lift or passageways?  If so we may not be able to place your furniture in the intended place.
  • Will the furniture fit in the room?
  • Please note that if you are buying any extra items such as a footstool or a coffee table etc. at a later date, there may be a slight colour shade difference. It is therefore best to order everything at the same time.
  • Please note that shades of items might be slightly different due to different batches.

 

  • Definitions and Interpretation 
        1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

     

    “Contract”

    means a contract for the purchase and sale of Goods, as explained in Clause 8;

    “Goods”

    means the goods sold by Us through Our Site;

    “Manufacturing Guarantee”

    means the guarantee offered by Us in relation to the manufacturing of the Goods, as detailed in Clause 19;

    “Order”

    means your order for Goods;

    “Order Confirmation”

    means our acceptance and confirmation of your Order;

    “Order Number”

    means the reference number for your Order; and

    “We/Us/Our”

    means VINTAGE SOFA CO LIMITED, a company registered in England under company number 10323477, whose registered address is at Jowler Mill Jowler, Luddendenfoot, Halifax, West Yorkshire, 

    United Kingdom, HX2 6TB.

     

  • Information About Us
        1. Our Site, www.vintagesofa.co.uk, is owned and operated by Us.  
        2. Our VAT number is 256 6124 04.
        3. We are  authorised by the Financial Conduct Authority.                     

     

  • Access to and Use of Our Site
        1. Access to Our Site is free of charge.
        2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
        3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
        4. Use of Our Site is subject to our Website Terms of Use.  Please ensure that you have read them carefully and that you understand them.

     

  • Age Restrictions
  • Consumers may only purchase Goods through Our Site if they are at least 18 years of age.

     

  • Business Customers
  • These Terms of Sale apply to customers purchasing Goods in the course of business as well as to individual consumers.  However if you are purchasing in the course of your business some of the provisions protecting consumers will not apply to you – please see further below. 

     

  • Delivery and International Customers
  • Please note that We only deliver within the United Kingdom as detailed in clause 7 below.  If you are purchasing from outside our delivery areas you will need to arrange your own delivery.  

    In any case you do not need to choose for Us to deliver your Goods to you and you may arrange your own delivery as provided in Clause 7 below.

     

  • Goods, Pricing and Availability
        1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods.  Please note, however, the following:
            1. Images of Goods are for illustrative purposes only.  There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
            2. Images and/or descriptions of packaging are for illustrative purposes only, the actual Goods may vary, including as detailed below.
            3. Due to the nature of the Goods sold through Our Site, there may be up to a 5% variance in the size, (final dimensions, and measurements, of those Goods between the actual Goods and the description.
            4. Where wood and / or other natural products are used there may be variance in exact grain / match and there may be natural movement.
            5. You are advised to follow any care and usage instructions including as may be issued by the manufacturer and provided on delivery of your Goods.
            6. Items not included in the description of Our Goods on our Site (and items not detailed in the Order) will not be included. For example extra cushions will not normally be included unless mentioned in the description on Our Site. If complimentary cushions are included, they may be in a slightly different design.
        2. Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether.  Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
        3. Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or safety issues.  Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.
        4. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Changes in price will not affect any order that you have already placed (please note sub-Clause 7.7 regarding VAT, however).
        5. All prices are checked by Us before We accept your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within [14 days], We will treat your Order as cancelled and notify you of this in writing.
        6. In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
        7. All prices on Our Site include VAT.  If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
        8. Delivery:

    7.8.1 Delivery Charges are not included in the price of Goods displayed on Our Site.  

    7.8.2 We only offer delivery within the mainland of the United Kingdom and excluding Northern Ireland, Republic of Ireland and the Scottish Highlands.  

    7.8.3 If you choose for Us to deliver your goods, our standard delivery charge is £95 (including VAT).

    7.8.4 All  customers need to arrange their own collection unless You have chosen for us to deliver your Goods. Please see clause 8 below for more information about collections.

    7.8.5 Where delivery will be made by Us; We will, prior to delivery, phone you to arrange a delivery date and confirm your delivery address. PLEASE NOTE, we will not attempt delivery until you have confirmed the delivery address and date with us. Our normal delivery days are Tuesday - Saturday but we reserve the right to amend these days at any time.

     

  • Orders – How Contracts Are Formed
        1. Our Site will guide you through the ordering process.  Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.
        2. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
        3. No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acceptance is indicated by Us sending you an Order Confirmation by email Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
        4. Order Confirmations of Orders from Our Site shall contain the following information:
            1. Your Order Number;
            2. Confirmation of the Goods ordered including details of the main characteristics of those Goods; and
            3. Itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges.
        5.  In the unlikely event that We do not accept or cannot fulfil your Order from Our Site for any reason, We will explain why in writing.  No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.
        6. Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.

     

  • Payment
        1. Payment for Goods and related delivery charges (if applicable) must always be made in advance at the time of your Order (unless we have agreed with You in writing a different payment arrangement) and you will be prompted to pay during the order process.  
        2. We accept the following methods of payment on Our Site:
            1. debit or credit cards, Visa, MasterCard, Electron or Maestro. Payments can be also be made electronically by bank transfer;

     

  • Delivery, Collection Risk and Ownership
        1. All Goods purchased through Our Site will normally be available within 6 to 8 weeks (apart from the following ranges, Banbury, Chessingtone, Elsworth, Harris Tweed and Leather Chesterfield, Patchwork, Stafford and Warwick which can take up to 13 weeks) after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).
        2. Where You will be collecting your Goods or arranging Your own delivery; you will need to collect your Goods within 30 days of Us notifying You via email that the Goods are ready for collection.      
        3. Where you have opted for Us to deliver your Goods; if for any reason we are unable to deliver the Goods to your chosen delivery address, we will leave a note informing you that the Goods have been returned to our premises with instructions for arranging re-delivery. If you do not collect the Goods or arrange for re-delivery, we will contact you to ask for further instructions. We may charge you for storage costs and for re-delivery. If we cannot contact you despite our reasonable efforts, or we cannot arrange re-delivery or collection, we may end the Contract and issue you with a refund but may deduct a reasonable sum in compensation for any net costs incurred by us as a result.
          1. In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:

    (i) We have refused to deliver your Goods; or

    (ii) In light of all relevant circumstances, delivery within that time period was essential; or

    (iii) You told Us when ordering the Goods that delivery within that time period was essential.

          1. If you do not wish to cancel under sub-Clause 10.3a or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date.  If We fail to meet the new deadline, you may then treat the Contract as being at an end.
        1. Delivery shall be deemed complete and the responsibility for the Goods will pass to you once:
          1. Where we have agreed to deliver the Goods to You; once we have delivered the Goods to the address including, where relevant, any alternative address you have provided; and
          2. Where You will be collecting the Goods or arranging your own delivery; once the Goods are collected form Us or, if earlier, after 30 days following our notification to you in writing that the Goods are ready for collection.
        2. Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges) and once manufacture of the Goods has been completed and the Goods are in our possession ready for collection or delivery.

     

  • Faulty, Damaged or Incorrect Goods
        1. By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences).  If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us by one of the methods detailed in Clause 16 below as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.  Your available remedies will be as follows:
            1. Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
            2. If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair of the Goods or a replacement.  We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.  If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
            3. If, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
            4. If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
            5. Within a period of six years after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund.  Please be aware that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.
        2. Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.  Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind. If you are a consumer, you have a legal right to a 14 calendar day cooling-off period within which you can return Goods for this reason. Please refer to Clause 12 for more details.
        3. To return Goods to Us for any reason under this Clause 11, complete a returns form and contact Us at info@vintagesofa.co.uk (and provide the return form) to arrange for a collection and return.  We will be fully responsible for the costs of returning Goods under this Clause 11 and will reimburse you where appropriate.
        4. Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
        5. Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.
        6. Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.
        7. For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
  • Cancelling and Returning Goods if You Change Your Mind
  • This clause 12 only applies if you are a consumer and does not apply if you are a business customer purchasing from us in the course of your business.

        1. If you are a consumer, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason.  This period begins 14 calendar days from the day on which the goods come into the physical possession of the customer (or a person identified by the customer to take possession of them);
        2. You may also cancel for any reason before We send the Order Confirmation.  
        3. If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period.  You may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site (www.vintagesofa.co.uk ).  Cancellation by email or by post is effective from the date on which you send Us your message.  Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.  If you would prefer to contact Us directly to cancel, please use the following details:
            1. Telephone: 0330 660 7124;
            2. Email: info@vintagesofa.co.uk;
            3. Post: The Directors, Vintage Sofa Co Limited, Jowler Mill Jowler, Luddendenfoot, Halifax, West Yorkshire, United Kingdom, HX2 6TB;

    In each case, providing Us with your name, address, email address, telephone number, and Order Number.

        1. Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:
            1. If the Goods have been personalised or custom-made for you to such an extent that they are deemed to be “bespoke” to a degree that we would not reasonable be able to re-sell them to other customers; 
        2. Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.
        3. You may request that We collect the Goods from you.  Please ensure that the Goods are ready for collection at the agreed time and location.
        4. You may return Goods to Us in person during Our business hours of 9am to 5pm or you may return them by suitable delivery service of your choice to Our returns address (our main trading address as stated above). Please complete a returns form and email this to Us when you notify Us that you will be returning the Goods.  Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12. We will also charge you the direct cost to Us of collection if you request that We collect the Goods from you.
        5. Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:
            1. The day on which We receive the Goods back; or
            2. The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.9.1); or
            3. If We are collecting the Goods under sub-Clause 12.7, the day on which you inform Us that you wish to cancel the Contract; or
            4. If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
        6. Refunds under this Clause 12 may be subject to deductions in the following circumstances:
            1. Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop).  Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
            2. Standard delivery charges will be reimbursed in full as part of your refund.  Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 12.
        7. Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.

     

  • Our Liability to Consumers
        1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
        2. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
        3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
        4. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

     

  • Events Outside of Our Control (Force Majeure)
        1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.
        2. If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
            1. We will inform you as soon as is reasonably possible;
            2. We will take all reasonable steps to minimise the delay;
            3. To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
            4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
            5. If the event outside of Our control continues for more than 90 days We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 30 days of the date on which the Contract is cancelled;
            6. If an event outside of Our control occurs and continues for more than 60 days and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site (www.vintagesofa.co.uk).  If you would prefer to contact Us directly to cancel, please use one of the methods set out in Clause 16 below;

    In each case, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.

     

  • Communication and Contact Details
        1. If you wish to contact Us with general questions or complaints or other matters relating to the goods or Your Order, you may contact Us as detailed in Clause 16 below.
        2. For matters relating to cancellations, please contact Us by one of the methods detailed in Clause 16 below.

     

  • Complaints and Feedback
        1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
        2. All complaints are handled in accordance with Our complaints handling policy and procedure, available from Us on our website or by email request.
        3. If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
            1. In writing, addressed to The Directors, Vintage Sofa Co Limited, Jowler Mill Jowler, Luddendenfoot, Halifax, West Yorkshire, United Kingdom, HX2 6TB ;
            2. By email, addressed to  Us at info@vintagesofa.co.uk ;
            3. By contacting Us by telephone on 0330 660 7124.

     

  • How We Use Your Personal Information (Data Protection)
        1. All personal data that We may collect about you and use will be collected, held, and processed in accordance with UK data protection law (including, but not limited to, the GDPR (and any successor legislation which applies following the UK’s departure from the European Union), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003).
        2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.

     

  • Other Important Terms
        1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
        2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
        3. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.  This is subject to the right of a third party obtaining the Goods from You whilst our Guarantee is still in force, in which case that person will have the benefit of the Guarantee.
        4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.
        5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
        6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.  If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 30 days of your cancellation.

     

  • Our Product (Manufacturing Guarantee)
  • Without prejudice to the provisions of Clauses 11 and 13 above, all Our Goods come with a 1 year manufacturer’s guarantee, unless otherwise stated. The guarantee starts from the date of delivery and offers cover against manufacturing defects on the structure of the frame and frame springs or any defects which may arise, under normal use, through faulty factory workmanship, including sofa bed and recliner mechanisms.

     

  • Law and Jurisdiction
        1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.
        2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 20.1 above takes away or reduces your rights as a consumer to rely on those provisions.
        3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms of Sale, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. 

    If you are a business, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non- exclusive jurisdiction of the courts of England & Wales.