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Terms & conditions

Welcome to the Darlings of Chelsea terms and conditions. Terms and conditions can seem a bit intimidating, but they’re pretty important, so we’ve tried to make them as easy as possible to read and understand, and we really appreciate you taking the time to read them carefully. If you continue using the website, this will be taken as your agreement to be bound by these terms and conditions, which shall also govern all transactions on the website or in-store to the exclusion of any other terms and conditions. They do not affect your statutory rights.

For further information you can contact the store at which you purchased, or see our FAQ's

DARLINGS OF CHELSEA LIMITED.

That’s ‘us’. We might also refer to ourselves as ‘Darlings of Chelsea’ or ‘we’.

The registered office of Darlings of Chelsea Limited is:

9-13 FULHAM HIGH STREET

London

SW6 3JH

Telephone: 020 3432 0918

E-mail address: [email protected]

We recommend to all our customers that they print and retain a copy of the terms and conditions for future reference. If placing an order in store, you will be provided with a copy of our terms and conditions at the time of purchase.

 

Orders.

In this section we will go through all processes related to placing an order with Darlings of Chelsea. We will try and keep this simple and straightforward, but remember: if you’re not sure about anything you’ve read you can contact us for further information before placing your order.

Products and Stock Levels

The only items we offer from stock are those displayed in the clearance section, including ex-display models and those from a photo-shoot. All other items are bespoke and therefore are ordered individually and custom built to your specifications.

Bespoke Furniture

If you have selected a fabric, wood finish, or have used your own material then the item is bespoke. Bespoke items may not be cancelled by you, either before or after delivery. We are under no obligation to accept returned bespoke items, however, at our discretion we do so with a restocking fee of 30% of the order value. 

Reasonable variations in the colour or in the dimensions are not considered as a defect. We cannot accept any responsibility for any variation in colour caused by your browser software or computer system.

We use high quality materials.  Some of them have natural characteristics, which may not be considered as a defect.  This includes variations in shade, texture, colour or grain.

Placing an Order

You place an order on the website or in-store by selecting an item to purchase. After placing an order you will receive an order acknowledgement e-mail from us (please note that this e-mail is an acknowledgement and not acceptance of your order).

To place an order you are required to be 18 years old or over and provide the required information including your real name, payment details including your card address; your delivery address if different from your card address; e-mail address and telephone number

If you are paying by credit card, we will authorize your debit or credit card payment. Once we’ve received the agreed payment, we will accept your order and proceed to place it with our factory.

This is when a legally binding contract between us is created.

It is important that your check your order confirmation email because once the order is placed with the factory we cannot cancel your order.

The details of your specific contract are filed by us. We also recommend that you retain all e-mails relating to your order and contract for your personal records. However, should you want any information regarding your order, you may contact us.

We reserve the right to decline or cancel all or part of any order for whatsoever reason and should this occur we would e-mail you with these details. This includes, but is not limited to the following:

-          we have insufficient capacity to deliver the goods you have ordered;

-          we do not deliver to your area;

-          one or more of the goods ordered was incorrectly described or priced on the website;

-          the payment transaction is not authorised; or

-          you are not over 18 years of age and have not provided the required information to make an order

If we do cancel your contract we will notify you by e-mail and will refund to you any sum paid by you to us in respect of the contract as soon as possible, and in any event within 30 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

Prices and Payments

For our pricing policy, Darlings of Chelsea follows guidance contained within the Department for Business, Innovation and Skills Pricing Practices Guide dated November 2010.

All prices and charges on this website are quoted in UK pounds. The price you pay for your order is that price which is displayed on the website. Prices include VAT unless otherwise stated but exclude delivery charges.

Unless otherwise stated, the “WAS” price reduction refers to prices which were offered online and in all of our stores between 1 May and 31 May 2015.

Intervening lower prices may apply during the sale event.

Any specific vouchers created for promotional purposes are not to be used in conjunction with any other offer. In any case, Darlings of Chelsea will always honour the best price at any given time from a running promotion or a promotional voucher so the customer always benefits from the best offer at the time of purchase.

If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you an option of reconfirming your order at the correct price, or cancelling the order. If we are unable to contact you we will treat the order as cancelled and you will receive a full refund.

If you have chosen to pay by card, once your order is received we will process the payment for it using the credit or debit card details you have provided. Any refund will also be processed through credit or debit card you choose to use for the payment of the order. We will advise you if your payment details cannot be authorized for any reason. We may then invite you to pay by another method.

We do not normally accept deposits but should you have opted to pay a deposit by card, the outstanding balance must be paid in full on the same card before final delivery is made. A receipt for the balance payment will be e-mailed to you.

All credit and debit card payments that are made on our website are protected by a secure connection. This secure connection ensures that your credit and debit card is encrypted prior to it being transferred to the bank for authorization.

As an additional security means, no credit or debit card details submitted online are stored directly by us once your order has been processed.

If you have authorised us to obtain a second or final payment of your order on your chosen card, we will use the same secure connection to request these monies to be transferred to the bank for authorization. Your CV2 number is not retained by our Secure Payment Provider (SSP).

Finance

Darlings of Chelsea, with Hitachi Capital Finance, are pleased to offer you the option of paying for your furniture in easy to manage installments, which are completely interest free. This is available on all orders above £1,000 in value, with a deposit of 10%, for customers who fulfill the following criteria:

-          Are 18 years of age or above;

-          You or your partner are in permanent paid employment (over 16 hours per week), retired (receiving a pension) or self-employed

-          Have been resident in the UK for at least 12 months and will continue to be a resident

-          Have Bank or Building Society current account details available to be able to complete the direct debit instruction

Applications will not normally be accepted in the following circumstances:

-          Unemployment and partner also not working

-          Students

Following final confirmation, Darlings of Chelsea will process your order and send an order confirmation to you. We strongly recommend that you print out your Interest Free Credit agreement and retain a copy for your own records.

On some occasions, Hitachi Capital Finance may require you to sign the forms personally. If this is the case they will instruct you on screen and they will send the forms to you requesting a signature before proceeding with the order.

IMPORTANT NOTE: Delivery of your items cannot be made until Hitachi Capital Finance has confirmed with Darling of Chelsea your approved application has been processed.

Delivery Costs

Delivery charges are calculated as part of the checkout process, based on the proximity of your delivery address to our nearest distribution centre. We can only deliver to addresses within mainland England, Scotland and Wales for the price stated on the website.

For customers who live in the Highlands and Islands of Scotland (including mainland codes starting FK, PH, PA20-38, DD, AB, IV, KY) and other off shore locations such as the Isle of Wight, additional delivery charges will apply. Prices are available on application. For the Channel Islands, Isle of Man, Scottish Islands, Northern Ireland or the Republic of Ireland where we are able to obtain quotations, again additional charges will apply. Customers in these areas may prefer to appoint their own carriers.

You may complete your order via the website in the normal way. At the end of the process, however, you can choose to submit your details for a quotation, and we will call you back within 48 hours; or you may phone us direct on 020 3432 0918 for further assistance. We can also process your order over the phone, or in-store.

We also offer an international shipping option – please contact us directly in order to provide you with a detailed quote.

Delivery of Goods

All deliveries will be pre booked and must be signed for.

We will deliver the goods you have ordered to the delivery address you give us at the time you place your order.

We aim to deliver your furniture within the times quoted on our website when you place your order. These are quoted as the estimated time that we believe we can deliver the order to you based on production times from our suppliers.

Where multiple items have been ordered, we will endeavour to deliver them all together by the longest delivery time quoted, unless a split delivery is required. This additional service will be subject to a further carriage charge.

The delivery times for our in-stock products (check the ‘clearance” section on our website) can range between 2 to 3 weeks.

All other products, given that they are bespoke and therefore custom-built according to your personal preferences, have a delivery time ranging from 6 to 12 weeks.  An estimated delivery date will be given to you at the point of sale, when placing your order.

In the event of unexpectedly high volume sales, the delivery may extend beyond the quoted timelines.

If the circumstances of your order change, we will contact you. If, however, it is delayed due to circumstances beyond our control, then we cannot accept any liability for consequential loss.

With limited storage facilities, we endeavour to deliver your order as swiftly as possible, usually no later than 7 days after it becomes available. We would appreciate you accepting delivery on the same basis.

The delivery times quoted on the website are for delivery to postcodes which fall within our normal delivery areas. Should your postcode fall outside our normal delivery area i.e. offshore UK, the Channel Islands, Isle of Man, etc. and for international deliveries, delivery times may vary. We will inform you of this when confirming acceptance of your order.

Darlings of Chelsea are not responsible for delays due to strikes or inconvenience from the supplier. 

For items shipped outside the UK, we cannot offer any warranty on the items.

You will become the owner of the goods (and be liable for the loss or destruction of the goods) at the time of delivery, provided that we have received payment in full for the goods.

Where applicable our expert Delivery Service team will carefully install your new furniture in your home, exactly where you want it (subject to access). They will remove all wrappings and packaging and dispose of them for you.

Before placing an order, please check that the items of furniture will fit through any passages, stairwells, landings and doorways on the way to the destination room. Please remove all items and personal belongings (i.e. pictures, ornaments, umbrella stands) that may inhibit the safe delivery of your goods.

It is the customer’s responsibility to ensure that the delivery staff/agents have a clear and safe means of access to your delivery address, that all items/personal belongings are removed from the access route, and that the items will fit into the property. We may refuse to deliver the goods and store them at your cost until the access is clear and safe, if you do not comply with this obligation prior to delivery.

You must ensure that you or a nominated representative over the age of 18 is present at the designated location, and at the scheduled delivery time, to accept and sign for the delivery of the goods.

You must inspect the goods upon delivery. If the products do not arrive on the delivery date or are damaged on arrival you must report it to us within 72 hours of delivery. We may not accept claims subimtted after this period.

Cooling Off Period & Cancellation 

Change of order pre-delivery

If you need to amend your order this is only possible within 48 hours of your initial order. After 48 hours your order will have been sent to factory and as a consequence no changes can be made.

Please contact your store of purchase to make such changes.

You are entitled to a 48 hours statutory cooling off period beginning from the date you place your order, whether in-store, online or over the telephone. This is due to our orders being sent to the factories after 48 hours.

Please note that all our sofas, except those within the clearance section, are considered to be bespoke, as they are custom-built for you, therefore there is no cancellation policy after the 48-hour cooling off period has expired.

Certain goods are also exempt from cancellation, for example, a mattress that has been taken out of its sealed packaging in which it was delivered.

You must inform us in writing during the cooling off period that you are cancelling the contract (e-mails are accepted).

The refund will be in the same form of payment originally used for the purchase as soon as possible, but definitely within 30 days of your request.

The goods must be returned in their original packaging, as delivered to you originally.

If the returned goods have not been looked after by you with reasonable care and are not in the condition that they were in when delivered to you, we reserve the right to discount an amount equal to the work going into re-storing its original condition.

Darlings of Chelsea are not responsible for the return of the goods to its warehouse; however we can arrange it for you and discount the transport cost from the money refunded to the customer.

If you do not return the goods to us we shall be entitled to deduct the direct costs of recovering the goods from the amount to be refunded to you.

Online Orders and Distance Selling Regulations

The following applies only to order placed online, by mail, or by telephone, or for items not inspected in one of our retail stores.

Orders considered to fall under the distance selling regulations are subject to a 14 day return or exchange right. This must be requested in writing in the period immediately following the day of delivery. This period is to help you to inspect the goods that you have not had the benefit of seeing prior to purchase.

As such, it is not a period where you can make normal use of the furniture and impact its condition. Until returned, the furniture is under your ownership and it will be your responsibility to maintain and protect it, keeping it in "as new" condition.

Failure to return the goods in perfect condition may result in addiotional charges. 

We recommend that goods are kept and returned in the appropriate packaging to minimise risk.

Returns of items to Darlings of Chelsea im these circumstances is your responsibility and must be actioned to your closest distribution centre. We can arrange the return for you, and discount the trasnport cost and any deterioration in condition from the money refunded to you. 

Customers may, at our discretion, keep furniture that is being returned longer that 14 days, for example if customers are waiting for replacement  sofas to arrive. If this is agreed by Darlings of Chelsea, we will do so in writing and we also reserve the right to charge a usage fee of up to £30.00 per week to help cover the costs of deterioration of the goods. 

Cancellations

Orders are not subject to cancellations without charge under any circumstance.

We find that most customers wishing to cancel have an underlying reason for doing so that often relates to a wrong choice or other furniture related issues.

As such we are committed to finding an alternative solution including re-selection to another furniture choice, a change of payment method or a change of a combination of both, and will help to find the approriate solution where possible.

Where we cannot reach a final alternative solution and cancellation remains our only option, a cancellation charge of 30% plus any delivery and re-delivery fees will be forfeit or due. Any amount paid over 30% will be given to you as a credit note and can be used as part or full payment for any furniture for up to 6 months after cancellation.

Where goods are cancelled under distance selling regulations, the cancellation charges will not be applied.

Please refer to the Online Orders and Distance Selling Regulations section above for further information around processes and associated costs. 

If you have had to select a fabric, wood finish or have used your own material then the item is bespoke. Bespoke items may not be cancelled by you, either before or after delivery. Bespoke or Special Order items are as far as permissable by law, excluded from the Consumer Contracts Regulations. In respect of these items, our usual refund policy does not apply and cannot be returned or exchanged unless faulty. 

We are under no obligation to accept the return of bespoke items, however, at our discretion we may do so with a cancellation charge of 30% of the original order value.

For health and hygiene reasons we are not able to accept the return of Mattresses unless unopened and sealed in original packaging, or if the item is faulty.

Under the Consumer Contracts Regulations, if you buy items from stockonline or by phone, your consumer rights entitles you to a full refund if you request one, in writiing, within 14 working days of receipt of goods.

Clearance furniture is a mix of ex-display models, end of season stock, or furniture returned by customers. As a consequence it may have imperfections. The furniture is reduced in price to reflect that they are not in new condition.

Order Issues and Complaints.

Every effort will be made to ensure that the goods you have ordered arrive undamaged and without defect.

If you are not entirely satisfied with your purchase, please contact our Customer Services team on 020 73715745 (Monday to Friday: 9am - 5pm). We will try to resolve any issues that you have as quickly as possible and if necessary we will explain how to follow our complaints procedure.

In the unlikely event that the goods are found to be either damaged or defective in any way at the time of delivery, you have the right to the following options:

 - Reject the goods

You will be asked to complete an Incident Report form immediately; the home delivery team will provide that while on site.

The Incident Report form will then be returned to the delivering warehouse. It will be logged against your order number, and we will contact you to arrange a suitable solution.

- Keep the goods

If the furniture is usable, despite the damage, we are happy for you to go ahead and use it

The home delivery team will complete an incident report form (if appropriate) to record the problem. They will ask you to sign it and they may also take photographs to accompany the paperwork.

The Incident Report form will then be returned to the delivering centre. It will be logged against your order number, and assessed for necessary further action.

If the pre-existing fault or damage is discovered after delivery, you should contact us as soon as you notice the defect or at the latest within 14 days of delivery of the goods on 020 73715745.

Our customer care team will then contact you to arrange a technician to visit and inspect the goods and discuss your options including returning the goods or repairing the problem to manufacturing standards. If he/she is unable to resolve the matter on the first visit and parts are required, we will endeavour to source them as quickly as possible.

In the event that a repair cannot be made, we will replace the furniture, offer a re-selection to the value of the purchase price less any discounts or give a full refund including any delivery charges (where applicable). The goods that are deemed faulty revert to the ownership of Darlings of Chelsea, and must be in our possession before monies are refunded. A refund may be subject to a usage charge depending on the period of time that has elapsed since delivery.

Faults that develop after 14 days of Delivery: In the unlikely event that one of our items is to develop a fault, please call us on 020 73715745. Your options may vary depending on the individual circumstances including the length of time that you have had the item and the nature of the fault. Our products are protected by a warranty, and as such, and depending on the level of coverage purchased at the time, we will offer a suitable solution.

If you remain unhappy with our final response, you may be entitled to refer your complaint to The Furniture Ombudsman/Dispute Resolution Ombudsman and we are bound to follow any decision that they make.  To find out more about The Furniture Ombudsman/Dispute Resolution Ombudsman and how you might be able to use their dispute resolution service visit www.thefurnitureombudsman.org/www.disputeresolutionombudsman.org or telephone 0845 653 2064.

Unforeseen Circumstances

While every effort is made to meet our customers' demands, cancellations or variations may be necessary as a result of an Act of God, war, strike, lockout, labour dispute, fire, flood, drought, or other causes beyond our reasonable control.

Complaints

If you have a complaint or a particular remark to make please do not hesitate to contact us immediately by telephone or e-mail, the details of which are contained under the "Contact Us" page.

Any complaint will be dealt with fairly, effectively and confidentially. Your statutory rights as a consumer are unaffected.

 

Online Data, Privacy and Property Rights.

We take our customers privacy very seriously. In this section we will go through how we handle online data and privacy issues.

Darlings of Chelsea respects the privacy rights of its online visitors and recognizes the importance of protecting information provided from them compliant to the guidelines of the Data Protection Act (1988). Information you provide to us remains confidential. We are committed to protecting your privacy.

We will only use the information that we collect about you lawfully and in accordance with the Data Protection Act 1998. We collect information about you for two reasons: firstly, to process your order and, secondly, to provide you with the best possible service. You specifically authorise us to transmit information to or to obtain information about you from third parties (including, but not limited to, your debit or credit card number), to authenticate your identity, to validate your debit or credit card and to authorise the transaction. You acknowledge that you consent to the processing of such information.

Darlings of Chelsea uses Google Analytics, a web analytics service provided by Google, Inc. Google Analytics sets a Cookie in order to evaluate your use of our web sites and compiles reports for us on activity on our web sites.

Google stores the information collected by the Cookie on servers in the United States. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using Darlings of Chelsea online shop, you consent to the processing of data about you by Google in the manner and for the purposes set out above. For more information please visit: http://www.google.com/intl/en/policies/privacy/

The content of this Website is © Darlings of Chelsea Limited (or its third party licensors). You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us (or our licensors). You may not copy, reproduce, change, modify, license, transmit or sell any material or content contained herein and you are permitted to use this material only as expressly authorised by us (or our licensors).

USES MADE OF THE INFORMATION

 We use information held about you in the following ways:

We may also, very occasionally, make your postal address details available to similar and interesting companies, whose products may interest Darlings of Chelsea customers. If you do not want us to do this then you can let us know by e-mailing us at i[email protected]

If you are an existing customer, we will contact you by post, e-mail or telephone with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by post, e-mail or telephone if you have consented to this.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes then please call let us know by emailing us at [email protected]

 

Legal Information and Disclaimer.

We, and these terms and conditions, are obliged to meet certain legal requirements. You can find information about these law-related issues in this section.

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected.

These terms and conditions shall be governed by and construed in accordance with English law and you hereby agree to be subject to the non-exclusive jurisdiction of the Courts of England and Wales. All contracts are concluded in English.

These terms and conditions together with our current website prices, delivery details, contact details and Privacy Policy set out the whole of our agreement relating to the supply of goods to you by us.

The sale, supply and distribution of goods are located in UK.  You should be aware that in some countries the offer and resale of the goods, which have been legally purchased in UK, is not permissible under the local national law in force.

DISCLAIMER

Darlings of Chelsea is providing this Website on an "as is" basis and makes no representations or warranties of any kind, whether express or implied, in relation to this Website or its contents and denies all such representations and warranties.

In addition, Darlings of Chelsea makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information on this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of Darlings of Chelsea, however it arises, for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

Neither Darlings of Chelsea nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Darlings of Chelsea accepts no liability for any information or content contained in external third party websites which link to or from this Website.

Aside from the above, none of these exclusions and limitations are intended to limit any rights you may have as a consumer, under local or other statutory rights, nor in any way to exclude or limit our liability to you, for death or personal injury resulting from our negligence or that of our employees and/or agents.

Issue 11

Dated 01 June 2015. 

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