Terms and Conditions.
This sofa (“product” “Item” “furniture”) is supplied by Luxury Handmade Sofas
International House, 24 Holborn Viaduct, London, EC1A 2BN
Luxury Handmade Sofas (“LHS” , “we”, “Our”, “US”)
By ordering you are entering into a legally binding contract with us – effective from the date of receiving your order confirmation from us. By ordering it is assumed you have read and understood the terms and conditions of purchase.
Considerations (before ordering)
Items are handmade so dimensions & weight can vary – up to a 2% tolerance.
Accessories ordered in the future can vary in shade so should be ordered together.
Images are for illustration only. Variations in perception because of the naked eye or screen resolution can occur. Ordering fabric samples is advisable.
We have the right to cancel orders at any time.
You have 14 day “cooling off period” to cancel your order by emailing firstname.lastname@example.org (excludes custom made & personalised items)
Legally we must deliver a sofa that is “as described” & “fit for purpose”
The information about the Products constitutes an “invitation to treat”.
Under no circumstances are we contractually bound to supply you with Products on the basis of any incorrect information, such as price or description.
Errors can be corrected to the point at which you click on ‘pay now’ or buy it now or pay an invoice.
After placing an order, you will receive an email from us acknowledging receipt.
Your order constitutes an offer to us to buy a Product.
All orders are subject to acceptance by us.
Before we accept your order, we will contact you to confirm we have your correct delivery details and to confirm what you have ordered.
The contract between us (Contract) is formed the moment when we send you the Order Confirmation.
The Contract will end when both of us have performed all our obligations, including under any guarantee.
The Contract covers the products described within the order confirmation.
We are not obliged to supply any other product not stated in the order confirmation.
All orders for Products are subject to availability.
We will inform you as soon as possible if any Products you have ordered are not available and will not process your order for those Products.
Delivery lead times and times quoted are approximate only.
Once your Product is ready for delivery you will be contacted by the Transport Manager to schedule delivery.
Please ensure you have provided us with accurate contact details so that we can deliver your order as quickly as possible. In some circumstances delays beyond our control occur.
On the day of delivery, please ensure that the delivery team can gain easy access and the room for the sofa is cleared.
Please inspect your Product carefully before signing for it.
If your Product is faulty or not as described, please tell the driver who can advise you of the options.
Without prior arrangement unfortunately we are not able to take away your old furniture and you should make your own arrangements for this.
If your Product has to be redelivered, there may be an additional redelivery charge – that reflects our direct cost.
If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our distribution centre, in which case, please contact us to rearrange delivery.
If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will discuss this with you and may deliver the Order in installments. We will not charge you extra delivery costs for this.
Please let us know when placing your Order about any special factors that may result in delivery being more costly and/or taking longer than it otherwise would have, such as parking restrictions.
Title and Risk
On delivery, the Products will be owned by you and will be your responsibility.
Price and Payment
The price of any product is shown within the listing or via our written confirmation to you.
If an obvious and unmistakable error occurs, such as a 1999 is listed for 199 in error. We do not have to provide the product at the incorrect (lower) price.
Prices include VAT but exclude any applicable delivery.
Prices are liable to change at any time, but changes will not affect orders for which we have already sent you an Order Confirmation.
Human error means that sometimes items are incorrectly priced.
If we discover an error we will contact you. Here you have the option of continuing with your purchase at the correct price or canceling the order.
The order will not be processed until we receive your instructions.
If we are unable to contact you using the contact you we will treat the order as cancelled and notify you.
Payment for all Products must be made by credit or debit card or through a PayPal account or Bank transfer.
Relevant Products comply with applicable fire safety regulations for general domestic use only.
We warrant that furniture and accessories will be free from material defects arising from normal domestic home use.
12 months manufacturer’s warranty is supplied on sofas and accessories. (12 months from the date of delivery)
If the product is defective then a repair or replacement will be covered by our usual warranty.
willful damage, abnormal storage conditions, accident, negligence by you or any third party; or any commercial or institutional use;any alteration or repair you carry out without our prior written approval.
These Terms apply to any repaired or replacement Product/Product components we supply to you until the end of the applicable Warranty Period.
The usual warranty is non-transferable.
Products are faulty
We are under a legal duty to supply Product(s) that conform to the Contract, “fit for purpose” & “as described”
For example a sofa bed must be fit for the purpose of which it is intended, a sofa and a bed.
As described means a black sofa should be a black sofa, not orange.
If any Product has been delivered and you suspect that it is defective, please contact us straight away. 01905 57 1155
We will discuss with you whether it is most appropriate to repair, replace or reject the Product.
If your defective Product cannot be repaired, we will let you know of any refund due to you as soon as possible.
We will send you a refund of the Product price and delivery charge as soon as we can and in any event within 14 days of confirming a refund was due.
We will give you a full refund for defective Products we cannot repair.
We will also either collect the defective Product free of charge (we will aim to do that within 30 days) or refund the cost incurred by you in returning the item to us (if we cannot collect the Product).
Your legal rights are not affected by this section. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Right to cancel
You have the right to cancel this Contract within 14 days without giving any reason.
With the exception of custom made and personalised items.
The cancellation period will expire after 14 days from being in physical possession of the product.
To exercise the right to cancel, you must inform us by emailing email@example.com
Legally you must prove that the contract has been canceled to avoid disputes.
If you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery.
If an economic loss occurs as a result of damage or use then We may make a deduction from the reimbursement for “diminished value”
Upholstered furniture can lose 40-50% of its value when used as it becomes second hand
We will make the reimbursement without undue delay, and not later than (a) 30 days after the day we receive back from you any Products supplied, or (b) (if earlier) 30 days after the day you provide evidence that you have returned the Products, or (c) if there were no Products supplied, 30 days after the day on which we are informed about your decision to cancel this Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction.
You will not incur any fees as a result of the reimbursement (unless the payment method differs)
Where we are not collecting the Products, you shall hand them over without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us.
Online Dispute Resolution (ODR)
There is no legal requirement for us to be members of an Ombudsman Scheme or an Online Dispute Resolution service.
How to return a Product
Call 01905 57 1155
Taking care of the Product before it is returned.
You must do what you need to do to establish the products nature, characteristics and functioning.
If your use of the Product extends beyond that, and you then cancel the Contract then you will have to pay us for the reduction in value of the Product.
Furniture returned to us in used condition is classed as second hand and will have lost 40 or 50% of its sale value.
The sum will be deducted from your refund, or if we have
already paid you the refund, you must pay the sum to us separately.
For any Product, the sum we will recover will never be more than the Contract price. The “diminished value” cap is 25%.
Cost of return
Collection charges are applied on a case-by-case basis depending on the nature of the Product and where it is collected from.
Our liability to you
If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable.
Loss or damage is foreseeable if it was an obvious consequence of our breach or it was contemplated by you and us at the time we entered into the Contract. Please note the following points:
“Contemplated” will mean it is written down – normally in the delivery instructions on the Order;
The following types of losses will not be foreseeable and we will not be responsible for them:
- Loss of earnings, business, income or revenue;
- Loss of anticipated savings;
- Loss of interest on savings;
- Any alternative purchase or expenditure;
- Non-financial losses such as any:
- Loss of enjoyment;
- Inconvenience, disappointment, distress or stress;
- Waste of time;
- Loss of annual leave.
The maximum compensation we will pay to you for foreseeable loss or damage will be the amount of the purchase price and delivery charges
If we are installing the Products in your property, we will make good any damage to your property caused by us in the course of installation or performance. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation and/or performance by us.
We only supply the Products for domestic and private use.
You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit in any way our liability for:
- Death or personal injury caused by our negligence or the negligence of our employees, agents and subcontractors;
- Fraud or fraudulent misrepresentation;
- Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or
- Defective products under the Consumer Protection Act 1987.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event outside our control.
- An Event outside our control means any act or event beyond our reasonable control, including (but not only) the following:
strikes, lock-outs or other industrial action by third parties;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
failure of railways, shipping, aircraft, motor transport or other means of public or private transport; or
failure of public telecommunications networks.
- If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
we will contact you as soon as reasonably possible to tell you; and
our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel the Contract if an Event Outside Our Control continues for longer than 4 (four) weeks and you no longer wish us to provide the Products. Please contact us to do this. We will only cancel the Contract if the Event Outside Our Control continues for longer than 4 (four) weeks.
How we may use your personal information
We will use the personal information you provide to us to:
supply the Products; and
process your payment for those Products.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms
Intellectual property rights
All images are protected by copyright laws and treaties around the world.
All such rights are reserved