OUR TERMS AND CONDITIONS OF SALE (OUTLET STORE)
1.1 In these terms and conditions, the following words shall have the following meanings: “Order” means your order of the Products; “Outlet Store” means our outlet store at 379 Tamworth Road, Long Eaton, Nottingham, NG10 3JP “Products” means all products contained in your Order; “you” or “your” means the person named in the Order to whom we are supplying the Products in accordance with these terms and conditions; “we”, “us” or “our” means the party set out in clause 3.1.
2. These terms
2.1 What these terms cover. These are the terms and conditions on which we supply the Products to you. These terms and conditions apply to Orders placed at our Outlet Store only.
2.2 Why you should read them. Please read these terms carefully before you submit your Order to us. These terms tell you who we are, how we will provide the Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
3. Information about us and how to contact us
3.1 Who we are. We are Sofa Brands International a company registered in England and Wales. Our company registration number is 05456332 and our registered office is at 1 Hampton Park West, Melksham, Wiltshire, England SN12 6GU. Our registered VAT number is 862433623. Products from our group companies are sold within this store, the contracting party will be confirmed in your order acknowledgment.
3.2 How to contact us. You can contact us by telephoning our Outlet team at 01159724523 or by writing to us at firstname.lastname@example.org.
3.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.
3.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
4. Our contract with you
4.1 How we will accept your Order. Our acceptance of your Order will take place at our Outlet Store when we tell you that we are able to provide you with the requested Products, which will confirm to you in writing, at which point a contract will come into existence between you and us.
4.2 Your Order number. We will assign an Order number to your Order and tell you with an Order Acknowledgment what it is when we accept your Order.
5. Our Products
5.1 Products made available at our Outlet Store. The products made available to you at our Outlet Store may be comprised of ex-display items, factory seconds, faulty items or items returned to us by other customers.
5.2 Condition of the Products. Where you purchase Products from our Outlet Store, the price of such Products reflects the fact that they may have sustained fair wear and tear, or may not be supplied to you in perfect condition. Any defects in respect of the condition of the Products made available at the Outlet Store that are present at the time of sale will be drawn to your attention and confirmed in your Order confirmation. It will not be possible to reject the Products, or claim a refund or repair of the Products at our expense in respect of any such known defect. You must
inspect the Products thoroughly prior to purchase.
5.3 Products may vary slightly from their pictures. The Products made available to you at our Outlet Store are sold on an as-seen basis. Any images of similar products displayed in our brochure or on our website are for illustrative purposes only, and it is likely that Products will vary from any such images.
5.4 Product packaging may vary. The packaging of the Products may vary from that shown in images on our website or in our catalogue or brochure.
6. Providing the Products
6.1 Collection by you. We will not deliver the Product to you. You must arrange for any Products purchased from our Outlet Store to be collected by you within 7 days of the Order. Products will be made available for collection at any time during our advertised opening hours.
6.2 If you do not collect your Products. If you do not collect the Products from us within 14 days, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange collection of the Product by you from out Outlet Store within 14 days of your purchase, ownership of the Product will revert to us and we will be able to make the Product available to other customers for purchase.
6.3 When you become responsible for the Product. The Product will be your responsibility from the time that you collect it.
6.4 When you own the Products. You own the Products once the order has been confirmed and we have received payment in full.
7.1 Your right to cancel. Once you have made the Order you cannot cancel it.
8. If there are problems with the Products
8.1 Condition of the Products. The Products sold at our Outlet Store are sold on an as seen basis. As set out in condition 5.2, it will not be possible for you to reject the Products, or claim a refund or repair of the Products at our expense in respect of defect that is made known to you prior to the Order being placed. All other standard manufacturer warranties apply.
8.2 How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can telephone our Outlet team at 01159724523 or write to us at email@example.com.
8.3 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Products. Nothing in these terms will affect your legal rights.
8.4 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject the Products you must either return them in person to where you bought them or allow us to collect them from you. We will pay the costs of collection.
9. Price and payment
9.1 Where to find the price for the Product. The price of the Products will be the price set out in the Order. All prices are in pounds sterling and include VAT.
9.2 When you must pay and how you must pay. We accept payments made by way of credit or debit card, cheque or bank transfer. You must pay for the Product in full when making your Order. Products will not be made available for collection until payment has been made in full and this payment has cleared in our bank account.
10. Our responsibility for loss or damage suffered by you
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but, except as set out in clause 10.2 we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods, as summarised at clause 8.3 and for defective Products under the Consumer Protection Act 1987
10.3 We are not liable for business losses. Under these terms and conditions, we only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. How we may use your personal information
11.1 Data controller. We are a registered data controller for the purposes of the Data Protection Act 1998 (the “Act”) and we will comply with the statutory requirements imposed on us to keep your personal data confidential and secure. We confirm that we are fully compliant with the Act.
11.2 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the Products to you;
(b) to process your payment for the Products; and
(c) if you agreed to this during the Order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
11.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
12. Other important terms
12.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
12.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
12.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the Products in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
12.7 Disputes. All disputes regarding these Terms and Conditions will need to be put in writing to: 379 Tamworth Road, Long Eaton, Nottingham NG10 3JP. We usually look to respond to all disputes within 7 days.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
up to 30 days: if your goods are faulty, then you can get an immediate refund.
up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.