Standard consumer terms and conditions of supply
These are the terms and conditions of sale of Sofa Central Ltd whose registered office is at unit 4 Brighton Road Industrial Estate, Stockport, SK4 2BE . ( registered with company number 4773706) and registered for VAT purposes with number 824810636. These terms will apply (as defined below) by customers(as defined below) whether ordering online, by telephone or by mail. Please read this document before placing an order.
The supplier may change these terms from time to time. Please check them before making another purchase.
1.1 In these Conditions the following terms shall have the following meanings:
“Address” the place where the Goods are to be delivered as indicated in the suppliers quotation.
“conditions” the terms of supply set out in this document and, unless the context otherwise requires any special terms agreed in writing between the supplier and the customer.
“contract” The contract for the supply of the goods to be provided by the supplier to the customer.
“consumer” Any consumer who accepts a quotation from the supplier for the supply of the goods or whose order for the goods is accepted by the supplier.
“Goods” The goods to be supplied by the supplier under the Contract.
“Normal Working Hours” The hours between 9.00am and 5.00pm Monday to Saturday and 10.00am and 4.00pm Sundays and English public holidays.
“Supplier” Sofa Central Ltd a company incorporated in England and Wales under registration number 4773706.
2. Basis of Supply
2.1 The Supplier shall supply the Goods to the Customer in accordance with these conditions, The Supplier shall only supply the goods the customers whose address is within the mainland United Kingdom.
2.2 The customer warrants to the supplier that he or she is a consumer.
2.3 These Conditions are the only terms and conditions on which the supplier is prepared to deal with the Customer and shall apply to the exclusion of any other express conditions.
2.4 No variation or addition to these Conditions shall be binding upon the supplier unless agreed in writing between the supplier and the Customer.
2.5 Subject to any variation in accordance with clause 2.4 these conditions (together with matters referred to on the face of the suppliers quotation and/or order confirmation) embody the entire understanding of the parties and override any prior promises, undertakings or representations.
2.6 Any quotation or price list in whatever form given to the customer is subject to these conditions and does not constitute an offer to supply.
2.7 The supplier shall only be bound by an order when written confirmation of the order has been given to the customer by the supplier.
2.8 Any omission or error in any sales literature, web page or site, order form, quotation, price list, order acknowledgement document issued by the supplier may be corrected by the supplier without liability.
2.9 Once the Contract has been formed with the customer, the supplier will file it in electronic or paper copy for the suppliers records.
The charges for the goods are stated on the suppliers quotation or order acknowledgement(as appropriate). All prices are in £ sterling inc of VAT Each quotation or order acknowledgement will state whether the charges for the goods are inclusive or exclusive of delivery charges. This will also be notified to the customer prior to any order being placed and shall be payable by the customer.
4.1 Unless otherwise specified in these conditions or agreed in writing the customer must pay for the goods prior to their dispatch to the customer by such means as the supplier may notify the customer.
4.2 If the customer fails to make any payment at the time or within the period prescribed by these conditions, then without prejudice to any other right or remedy available, the supplier may in its sole discretion:
4.2.1 suspend the performance of any or all of its obligations under the Contract; and/or
4.2.2 terminate the Contract and any other contract between the Supplier and the Customer for the provision by the supplier of goods.
5. Delivery And Risk
5.1 Unless otherwise indicated in the Suppliers quotation or order confirmation or otherwise agreed by the parties in writing, delivery shall take place at the Address, where goods are delivered by a carrier, no claim for damage or shortages will be considered unless the supply is notified in writing within three days of delivery.
5.2 Any dates quoted for delivery of the goods are approximate only and accordingly time for delivery shall not be of the essence.
5.3 Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or, if the Customer wrongly fails to take delivery of the goods when the supplier has tendered delivery of the goods.
5.4 Except where otherwise agreed by the supplier in writing, delivery shall take place during normal working hours.
5.5 The customer shall provide the supplier with full safe access to the address where delivery is to take place.
6.1 The supplier warrants that the goods will be of satisfactory quality and will be free from defects in material and workmanship, such warranty shall continue for a period of one year from the date of delivery of the goods by the supplier.
6.2 In the event of any breach of the warranty referred to at clause 6.1 the supplier shall, at its opinion repair or replace the goods or repay or credit the price to the customer.
7. The Customers Right of Cancellation
7.1 Under the United Kingdom’s Distance Selling Regulations, the Customer has the right to cancel the Contract for the purchase of any of the goods within 7 working days of delivery. A working day is any day other than the weekends and bank or other public holidays. The supplier is happy to exchange goods or provide the customer with a full refund provided that, where delivery has taken place, the Customer has returned the goods to the supplier in the same condition that they were delivered. If in the Suppliers reasonable opinion, the goods are not in the same condition then the supplier may refuse the return of the Goods or require the Customer to repay an amount not exceeding the cost of the goods. The right of return is in addition to any other rights, warranties or conditions available to the customer.
7.2 If the customer exercises this right of cancellation after the goods have been delivered, the Customer should call the suppliers department on 0161 442 7770 to arrange for return of the goods. The customer should package the goods securely in the packaging affording the goods similar protection and record the returns number on a label attached to the outer packaging.
7.3 The supplier may charge the Customer a £25 restocking charge if the Customer exercises his or her rights under this clause 7.
7.4 Please note that the supplier will arrange for collection of the goods if the customer exercises this right of cancellation after the goods have been delivered. If the charges for the goods include delivery, the supplier will make no charge for the cancellation of the goods if the cost of delivery was charged in addition to the charges for the goods, the supplier will make a charge for the collection of the goods under this clause 7. Such collection charge will be for the sum equal to the amount charger for the delivery of the goods.
7.6 Please note that the provisions of clause 6.2 will apply if the supplier delivers the items to the customer in error or the goods are faulty.
8.1 In addition to the suppliers rights at condition 4.2 above, the Supplier may terminate the contract forthwith by notice in writing to the customer if the customer has a bankruptcy order made against him.
8.2 Termination of the contract for any reason shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into or continuance in force of any provision of the contract which is expressly or by implication intended to come into or continue in force on or after such termination.
10. Limitation of Liability
10.1 The supplier shall accept liability to the Customer for any loss or damage to any property or injury to or death of person caused by any negligent act or omission or wilful misconduct of the supplier, its employees, agents or sub-contractors.
10.2 Except for the type of liability referred to at clause 10.1 and except for any other matters for which the suppliers liability may not by law be restricted or excluded, the supplier’s total liability in respect of any contractual breach or representation, statement or tortuous act or omission arising under or in connection with the contract (a “default”) shall not exceed the total sums paid or payable by the customer in respect of those goods.
10.3 Not withstanding anything else contained in these conditions( and without limiting the supplier’s liability in respect of in jury to or death of any person caused by any negligent act or omission or wilful
misconduct of the supplier, its employees or sub-contractors, the supplier shall not be liable to the customer for;
10.3.1 Any losses which are not foreseeable by both parties when the contract is formed arising in connection with the supply of goods or their use by the customer;
10.3.2 any losses which are not caused by any breach by the supplier
10.3.3 business or trade losses
10.4 The supplier shall not be liable to the customer for any loss arising out of any failure by the customer to comply with it’s obligations under the contract.
10.5 If a number of defaults give rise to substantially the same loss then they shall be regarded as the same Default of the purpose of calculating the suppliers maximum liability pursuant to clause 10.3
10.6 The customer shall afford the supplier not less than 30 days (following notification by the customer) in which (if remediable)
10.7 Nothing in this clause 10 shall confer any right or remedy upon the customer to which it would not otherwise be legally entitled.
11. Delay or Failure to Perform
The supplier shall not be liable to the customer if it is prevented or delayed in the performing of any of its obligations to the customer if this is due to cause beyond the suppliers reasonable control including (without limitation): an act of God, explosion, flood, fire or accident, war or civil disturbance, strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by the customer to give the supplier a correct delivery address or notify the supplier of any change of address.
Notices or other documents to be given under these conditions shall be in writing and delivered by hand or sent by registered post to the party concerned, in the case of the supplier, the supplier’s quotation or order confirmation and, in the case of the customer, the address or such other address as one partly may from time to time designate by written notice to the other. Any such notice or other document shall be deemed to have been received by the addressee if delivered upon delivery, and, if posted, on the second working day following the date of posting, provided that a copy of the communication is sent registered post or delivered by hand as soon as practicable thereafter.
13. The customer’s Statutory Rights
As a consumer, there are certain terms implied into the customer’s contract which the supplier cannot exclude or limit, for example under the sale of goods act 1979 (as amended) the supplier must ensure that the goods are of satisfactory quality. Nothing in this contract affects these statutory rights.
14.1 The supplier may freely assign, sub-contract or otherwise transfer in whole or in part the contract PROVIDED THAT the quality of goods supplied to the customer is not affected. The customer may not 7 7 however do so without the suppliers written agreement.
14.2 No waiver by the supplier of any breach of these conditions by the customer shall be considered as a waiver of any subsequent breach of the same or any other provision. Any waiver must be in writing to be effective.
14.3 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of this provision in question shall not be affected thereby.
14.4 The provisions of the contracts (rights of third parties) Act 1999 are expressly excluded from the contract so that no third party may claim any rights under this contract.
14.5 The Contract is governed by the laws of England and the English courts shall have exclusive jurisdiction to resolve any disputes arising as a result of or in connection with it.
Thank you for accessing this website sofa-central.co.uk Please read these user conditions before using this site which is operated by Sofa Central Ltd. We operate this site for the purpose of promoting and selling goods supplied by us by using this site, you signify your acceptance of these conditions in return for which we will provide you with access, from time to time we may change these conditions so please continue to review the conditions of use whenever accessing or using this site. If at any time you do not wish to accept these conditions then you may not use this site.
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LIMITATION OF LIABILITY
You acknowledge that your use of this site and its content is at your own risk. If you are dissatisfied with this site or have any suggestions for improving the site, please contact us at firstname.lastname@example.org
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Applicable law may not allow the limitation or exclusion of liability of certain damages, so this limitation or exclusion may not apply to you in its entirety.
LOCAL LAWS AND REGULATIONS
This site is not directed at persons in a jurisdiction where for any reason the site’s publication or availability is prohibited and any person for whom such a prohibition applies must not access this site. Those who access this site do so on their own initiative and are responsible for local laws or regulations.
This statement sets out our policy in relation to the holding and using information, which we may obtain from you when you contact us via the website if you have opted to provide us with personal information about you we may, in addition to using it to process any query placed by you, use this information to contact you by e-mail, telephone or post to provide you with details about our products or services or any other information which we believe may be of interest to you.
It is intended that by providing personal information about yourself to us you consent to their use for the above purposes. It is intended that any consent given above will benefit any purchaser of our business. If at any time in the future you would like us to stop using your details for any of the above marketing purposes please e-mail us at email@example.com
VALIDITY OF PROVISIONS AND REMEDIES
If any provision of these conditions is or becomes invalid or contravenes applicable regulations then the remaining provisions will not be affected.
No waiver by us of any breach of these conditions shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
LINKS TO THE SITE
Websites or pages to which this site is linked (other than other web sites operated by us) are for information only and have not been reviewed by us. We have no responsibility for the content of such websites or pages and accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same.
GOVERNING LAW AND JURISDICTION
These conditions are governed by the laws of England.