TERMS AND CONDITIONS
Information About Us
Distinctive Chesterfields is a trading style of Comfy Sofa Ltd. Details of our head office is below:
Enterprise Works, Long Lane, Honley, HD9 6EA
Company number 07670062
- Delivery Times
- Whilst we will use our reasonable endeavours to deliver the goods in the timescale advised to you, unexpected delays may occur in the supply chain and therefore we cannot guarantee that this timescale will be met and do not accept liability for any such delay.
- When the Goods are ready for delivery, we will contact you to arrange a delivery date. We normally expect that within 72 hours of us notifying you that the Goods are ready for delivery, you will agree with us a delivery date. If delivery is delayed by you to a date more than 14 days after we notify you the Goods are ready for delivery, whether because you are unable to agree an earlier delivery date or because delivery cannot be effected due to inadequate access, we will charge you for storage and insurance costs at the daily rate then current until the Goods are delivered.
- We will use our reasonable endeavours to deliver the Goods on the agreed date or such later date as you may subsequently request and we agree to, but we will not be liable for any loss or damage of any kind caused either directly or indirectly by any delay in meeting delivery dates and nor will you be entitled to repudiate the contract and reject the Goods due to delay in delivery.
- Delivery Process - UK deliveries
- The Goods will be placed in the room you have selected, unpacked and the packaging removed from site. However, the Goods will not be placed in the specified room if this is not feasible due to difficulties of access or if the room has not been cleared to allow sufficient space for the Goods to be manoeuvred into and placed there.
- If access to the property is inadequate to allow the Goods to be delivered safely and securely or at all or if the means of access is not as we had expected it to be, then the delivery team will inform you that delivery cannot be effected and Goods will be returned to the warehouse until adequate access is arranged or until we cancel the contract under clause 1.4.1.
- The dimensions of the Goods are quoted in our sales literature in all published formats but are a guide only as there can be minor variations in the dimensions of the finished goods. If you are in any doubt as to whether access is going to be adequate, we advise you to make an Access Request.
- It is your sole responsibility to ensure the products ordered will fit in the intended room(s).
- If you have indicated that delivery is to be effected through a window or across a balcony or terrace, an Access Request will be deemed to have been made.
- Any damage to your property caused by the delivery team is to be reported to us within 12 hours of delivery. We cannot consider claims made outside this period.
- If delivery cannot be achieved due to inadequate access or due to you or your authorised representative being in attendance but refusing delivery for any reason or if there is no one in attendance to accept delivery, or if delivery costs arise that you do not pay then the Goods will be returned to the warehouse and stored and you will incur an additional charge in respect of the failed delivery equal to 15% of the price of those Goods that have not been delivered.
- The delivery team will ask you to sign a receipt for delivery of the Goods.
- Goods that are being shipped abroad by you should be checked by you before they are despatched. Unless otherwise agreed, we will not be liable for costs of transporting Goods abroad and will not be liable for any costs incurred or associated with storage and return from abroad even if the Goods are damaged or defective in some way.
- We will not be liable for any loss of income or other losses you incur in connection with your attendance, or the attendance of your authorised representative, to take delivery of the Goods.
- Delivery Costs
- The charge for a Standard Delivery varies on dimension- please refer to the shipping tariff
- A Standard Delivery is a delivery made Monday to Friday (excluding Bank Holidays) to a destination other than a Special Destination, as defined below, and where delivery is to a basement, ground, first or second floor and access is through a door at ground floor level.
- Special Destinations are the AB, PA, IV and KW postcodes, Northern Ireland, Isle of Man, Isle of Wight, the Scottish Highlands and the Channel Islands. In these cases an additional delivery charge will be incurred which will be advised to you prior to confirmation of your order.
- Delivery to other destinations in the world is available on request and with prior agreement of the charges.
- Deliveries that are not through a door at ground floor level and/or which involve the use of winches or similar equipment or are through windows or across terraces will incur additional charges to be agreed before delivery.
- Deliveries to each floor above the second floor are charged (in addition to the Standard Delivery charge) at our then current rate per floor per item, these costs being payable to the delivery company at the time of delivery. Access Request Inspection and Report: The then current rate payable to the delivery company when the report is given to you.
- Failed Delivery
- If after we have agreed a delivery date with you, you request a delivery date which is more than two months after the date we have advised you is the earliest date we can deliver or the Goods cannot be delivered by the date two months after the date we have advised you is the earliest date we can deliver due solely to inadequate access, delivery being refused by you, or there being no one in attendance to accept delivery, or if the means of access is not as we had expected it to be then we may decide to cancel the contract and:
- If a deposit has been paid, retain any deposit paid to us and neither party shall have any further liability under the contract except that you shall reimburse us for any loss cost or expense resulting from such cancellation, including the cost of any materials, plant or tools used or intended to be used in connection with the Order, the cost of labour and other overheads and administrative costs attributable to such cancellation to the extent that such loss cost or expense exceeds the deposit; or.
- If the price of the Goods has been paid in full, return to you 85% of the price of the Goods and neither party shall have any further liability under the contract.
SPECIFICATION AND QUALITY
- Goods are manufactured to be within reasonable commercial standards of tolerances for goods of their type and there can be minor variations of up to 5% in the dimensions of the finished goods as compared to any dimensions given in sales literature.
- The furniture supplied by us is hand made using natural materials. As such the Goods will have natural marks such as healed scars and barbed wire knicks, which signify genuine leather, and will not have the even and consistent finish appearance and shape found in machined goods made with artificial materials or materials treated in order to achieve that effect. There will be minor variations in colour and appearance between on the one hand the Goods and on the other hand pieces on display in our showrooms, our samples, and pictures in our brochures, or on our website. You acknowledge that such characteristics and variations are not to be regarded as defects for the purpose of assessing whether or not the Goods are of satisfactory quality or otherwise in accordance with the Order. Changes to the specification of Goods due to changes made by the manufacturer or otherwise, provided that the changes do not materially affect the use quality appearance or performance of the Goods.
- There will be no price adjustment on account of specification changes, nor shall you be entitled to reject Goods on account of specification changes as aforesaid.
- Damage and Defects
- If the Goods are delivered damaged or faulty or are otherwise incorrect, you must notify us within 24 hours of delivery and we will arrange to inspect the Goods and if they are found to be damaged, faulty or incorrect we will repair or replace them as appropriate and arrange for the repaired or replaced Goods to be delivered to you at no additional charge. Your notification under this clause should be put in writing and sent by email to firstname.lastname@example.org or by letter delivered to our showroom.
- We will accept the cancellation of an order subject to the following conditions:
- The Goods must not have been made to your specification or otherwise personalised to your requirements, and
- If you wish to cancel the order and have not seen the Goods in our showroom before placing your order, you must notify us of your wish to cancel no later than 7 days after delivery, by email at email@example.com by fax [by telephone] or by letter delivered to our showroom.
- The Goods must have been delivered to an address within the United Kingdom.
- If these conditions are satisfied, we will refund the price of the Goods and the refund will be paid to you within 30 days of the date of cancellation. Your refund will be the price of the Goods less the cost of any standard delivery costs, additional delivery costs and Access Requests Inspection and Report costs.
- If you cancel, you are obliged to take reasonable care of any Goods delivered to you, which must be kept in a never been used condition.
- If the Goods have been delivered by the date of cancellation, you must return the Goods to our showroom at your cost and at your risk within  days of cancellation but in lieu of that obligation we will collect the Goods from you by arrangement within 21 days of cancellation. You will be responsible for the collection costs we incur.
TITLE TO GOODS
- You acknowledge that before placing your Order you represented and warranted to us that you are not insolvent and have not committed any act of bankruptcy, or, being a company with limited or unlimited liability, know of no circumstances which would entitle any debenture holder or creditor to appoint a receiver, to petition for your winding up or exercise any other rights over or against your assets.
- Title in the Goods shall pass upon payment of the whole of the price of all the Goods in the Order (including any Interest accrued on the price) and until then all the Goods shall be and remain our sole and absolute property as legal and beneficial owner.
- Until title passes in accordance with condition 4.2 you will be in possession of the goods solely as the bailee of the Company.
- Your right to possession of the Goods shall cease if you commit an act of bankruptcy or go into liquidation (other than for the purpose of amalgamation or reconstruction whilst solvent) or suffer the appointment of an administrative receiver or an administrator or enter into a composition or arrangement with your creditors.
- If you fail to make any payment due to us within 7 days of it falling due, we shall be entitled to recover and resell the Goods comprised in the Order or any of them (regardless of whether a previous part payment has been attributed to certain Goods) and for that purpose may enter upon the premises where they are kept. If the proceeds of resale exceed the costs of recovery and resale such excess shall be allowed against our claim for the unpaid price.
- Until title in the goods has passed in accordance with condition 4.2 you will not remove alter or deface any identification sign mark label or serial number of ours.
- If you sell on our Goods before title in them has passed from us, the entire proceeds of sale of the Goods shall be held by you on trust for us and placed in a separate account identified as our monies and until you receive such sale proceeds you shall hold on trust for us your rights against the person to whom the Goods were sold and will assign those rights to us on request.
RISK AND INSURANCE
- Goods supplied by us shall be at your sole risk as soon as they are delivered to the deliver address and it shall be your responsibility at your own cost to insure the Goods in their full reinstatement value against all usual risks and to properly keep them until title has passed.
- Without prejudice to condition 6.3 our liability for breach of contract shall not exceed the invoiced value of the Goods to which the Order relates and we shall not be liable for loss of profits loss of revenues loss of anticipated profit loss of goodwill loss of amenity or use or any type of special indirect or consequential loss.
- Without prejudice to condition 6.3 our liability for damage to property caused by negligence or otherwise shall not exceed [this should be your third party liability insurance limit of cover, or less if you prefer] and we shall not be liable for loss of profits loss of revenues loss of anticipated profit loss of goodwill loss of amenity or use or any type of special indirect or consequential loss.
- If you are a consumer, nothing in these terms and conditions shall exclude or purport to exclude your statutory rights arising from dealing with us as a consumer.
- The website on which these terms and conditions appear is the website of Comfy Sofa Ltd. t/as Distinctive Chesterfields. Commercial reproduction, distribution or transmission of any part or parts of the website or any information contained therein by any means whatsoever without the prior written permission of Distinctive Chesterfields Limited is not permitted. The website and all intellectual property rights in its design, text, graphics and the selection and arrangement thereof belong to Distinctive Chesterfields Limited or its licensors. The trade marks, logos and trade names on the website belong to Distinctive Chesterfields Ltd.
- Each of our remedies is a separate remedy and operates without prejudice to any other remedy.
- Any payment or reimbursement to be made by you under our contract with you or under these Terms and Conditions shall bear Interest (both before and after judgment) from the date the payment or reimbursement fell due until payment is made. Interest is at the rate 4% above the base rate from time to time of Lloyds TSB Bank.
- Any notice agreement approval or decision of ours under these Terms and Conditions shall be in writing and no person dealing with or handling the Goods or providing services other than us has any right or authority to bind us in any way or to assume on our behalf any obligation express or implied.
- Each of these Terms and Conditions shall be severable and distinct from one another and if one or more of such provisions is invalid or unenforceable the remaining Terms and Conditions shall not in any way be affected.
- None of these terms and conditions affects your statutory rights and in case of conflict between these terms and conditions and your statutory rights, your statutory rights will prevail.
- If you are two or more persons then your obligations shall be joint and several.
- Any failure by us to enforce any of the Terms and Conditions or any delay in enforcing them shall not constitute a waiver of those Terms and Conditions.
- We and you agree that persons who are not parties to the contract we make with you shall not be entitled by virtue of the Contracts (Rights of Third Parties) Act 1999 to the benefit of the contract or be entitled to enforce any of its terms.
- To the extent permitted by law, we shall not be liable for any misrepresentation arising from printing or clerical errors, statements by third parties accepted by us in good faith and repeated by us, or for any other representations not confirmed by us in writing.
- These Terms and Conditions shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English Courts.
- The headings to these Terms and Conditions are for convenience only and are not intended to form part of these Terms and Conditions