1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 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 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.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Darlings of Chelsea Limited, a company registered in England and Wales. Our company registration number is 05267072 and our registered office is at 9-13 Fulham High Street, London, SW6 3JH. Our registered VAT number is 848675372.
2.2. How to contact us. You can contact us by telephoning our customer service team at 01252 372949 or by writing to us at [email protected] and/or Parsons Green Depot, 33 Parsons Green Lane, London, SW6 4HH .
2.3 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.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place by way of signed order form in store, or when we email you to accept it when your order is placed using our website. At this point, a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures (website). The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 As our products are made from high quality materials, they may have natural characteristics which are not considered a defect. This includes variations in shade, texture, colour or grain. Although we make every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website or in our brochure have a 5-7% tolerance.
4.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website or brochure.
4.4 Making sure your measurements are accurate. You are responsible for ensuring that the measurements of product are fit for your purposes and are capable of being delivered and installed at the requested delivery address. If you decide to cancel the order clause 8.5 will apply. You can find information and tips on how to measure by contacting us.
5. YOUR RIGHT TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Changes cannot be made after delivery has taken place.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may make minor changes to the product when they do not affect the quality or substance of the product, for example; to reflect changes in relevant laws and regulatory requirements (We will keep you informed in this respect).
(a) More significant changes to the products and these terms. In addition to the description of the product, we may make the material changes to the product; for example, substitute the padding of any sofas for higher quality, should your request not be possible, for any reason.
If we do intend on making any material changes to the product, we will notify you and you may then contact us to end the contract and receive a refund for any products paid for but not received.
7. PROVIDING THE PRODUCTS
7.1 Delivery and installation costs. We use a courier to deliver and install the product. The costs of delivery and installation will be as agreed with you in writing if bought in store, or as displayed on our website, if bought online which will be updated from time to time.Additional delivery costs will be payable in the case of deliveries to Scotland or Northern Ireland. In the case of orders from other locations outside mainland England and Wales, deliveries will be made to a nominated depot in mainland England for collection and onward transportation to be arranged by you at your cost (in such cases you will be responsible for satisfying yourself at the depot as to the condition of the product). We will not be responsible for any customs duties or local taxes payable in overseas locations.
7.2 When we will provide the products. During the order process we will let you know an estimate of when we will deliver the products to you. We will always try to accommodate your preferred delivery times, although deliveries are only made on weekdays (excluding Bank Holidays). However, you must make yourselves available for delivery to avoid delays. We cannot guarantee delivery except in respect of orders placed in a reasonable timeframe before Christmas when we will guarantee we will deliver goods prior to Christmas, although we cannot guarantee a set date. Guaranteed delivery will be subject to your co-operation to arrange a suitable delivery date. We will deliver the goods to you as soon as reasonably possible and will provide an estimated delivery and installation date prior to confirming your order. We will contact you to arrange a delivery and installation date, once we are in receipt of the products. You will be offered up to 3 dates for delivery and if delivery is not arranged after 3 attempts your order may be delayed and storage charges of £10 per week will be incurred. Similarly if you are unavailable to accept delivery for a period of 2 weeks or more from the date we notify you that the product is ready for delivery, storage charges of £10 per week will be incurred from this date.
7.3 We are not responsible for delays outside our control. If our supply and installation of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 09.00 – 18.00 on weekdays and 10.00-17.00 on Saturdays.
7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery. Additional charges may be made for unsuccessful deliveries where dates for delivery have been agreed in advance.
7.6 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery within 7 calendar days, we will contact you for further instructions and may charge you for storage costs and any further delivery costs (details of this can be found instore and on our website). If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10 will apply.
7.7 If you do not allow us access to install. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
7.8 When you become responsible for the products. A product will become your responsibility from the time we deliver the product to the address you gave us or you collected it from us.
7.9 When you own goods. You own a product once we have received payment in full. Prior to then, the product remains our property.
7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply and install the products, for example, name, address, delivery address, email address, telephone number and payment details. We will store this information in accordance with the Data Protection laws in place at the time.
7.11 If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) update the product to reflect changes in relevant laws and regulatory requirements; and/or
(b) make changes to the product as notified by us to you (see clause 6).
7.13 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product and installation, (unless the problem is urgent or an emergency).
If we have to suspend the product for the reasons listed at clause 7.12, you may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it. In this case, we will provide a refund of any sums you have paid in advance for the product.
7.14 We may also suspend supply of the products if you do not pay. If you do not pay us for the product when you are supposed to (see clause 12.4) and you do not make payment prior to the delivery date, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the product you have bought, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you may have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.5.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.3);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) you have a legal right to end the contract because of something we have done.
8.3 Exercising your right to change your mind . For most products you have the legal right to change your mind within 14 days and receive a refund. These rights are explained in more detail in these terms and conditions.
8.4 Bespoke Products. In the case of bespoke products, which are not provided in our standard range, any exercise of your right to change your mind will be subject to a 55% restocking fee i.e. you will be refunded a sum equivalent to 45% of the purchase price paid. We will inform you if your product is bespoke.
8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. You have 14 days after the day you (or someone you nominate) receive the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods. In the case of mattresses, (excluding sofa bed mattresses) you have the longer period of 100 days from the date of receipt during which you may change your mind and request a refund.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. ven if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract is completed when the product is paid for and delivered.
8.7 Repeated Cancellations. In the event of a customer exercising a right to change his/her mind under clause 8.3 on repeated occasions, we reserve the right, at our sole discretion, to decline any further orders from the customer.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract.To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call your sales person (if bought in store), otherwise call customer services on 0121 7453857 or email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form on our website/attached to these terms.
(c) By post. Print off the form on our website/attached to these terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either, return the goods in person to where you bought them, return them back to us at Station road West, Ash Vale, GU12 5QD or allow us to collect them from you. Please call our logistics department on 01252 372949 or email us at [email protected] to arrange collection. If you are exercising your right to change your mind you must deliver the products to us within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or mis-described;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) if you are exercising your right to change your mind under clause 8.3 for any product save for smaller items (i.e. cushions, rugs and footstools).
In all other circumstances you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery. The charges for delivery can be found on our website or by contacting us. For clarity, the standard delivery for collection shall continue to apply when special promotions in respect of delivery are on offer.
9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which causes damage. If we refund you the price paid before we are able to inspect the goods and later discover you have caused damage, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
(c) In the case of mattresses (to which the extended 100 day period applies) a deduction of up to 100% of the refund of the price will be made in the event of any wear and tear; soiling, staining or marking; rusting or corrosion; fire or smoke damage; animal / insect infestation; unauthorised repairs or alterations; or any other deterioration in the condition of the mattress.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind and you have not chosen to use our collection service, your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see clause 9.2.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and/or you do not make full payment prior to delivery of the product;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, name, address, email address, telephone number and payment details.
(c) you do not, within 60 days from the date of the first delivery attempt, allow us to deliver the products to you or collect them from us; or
(d) you do not, within 60 days from the date of the first delivery attempt, , allow us access to your premises to supply the product.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge a reasonable amount for the net costs we will incur as a result of your breaking the contract.
10.3 If you break the contract in accordance with 10.1 and upon providing you with 14 days notice, we reserve the right to sell your product(s) to a third party in an attempt to recover any costs we have incurred up to the date of ending the contract. In the event that the consideration received for the product(s) exceeds any costs incurred by us we will refund the balance (less the deposit) to you.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0121 7453857 or contact us at [email protected] Alternatively, please speak to one of our staff in-store.
11.2 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 product. Nothing in these terms will affect your legal rights.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them to the store, return the product to us or allow us to collect them from you. We will pay the costs of collection. Please call our logistics team 01252 372949 or email us at [email protected] to arrange collection.
12. PRICE AND PAYMENT
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment by all credit and debit cards (including amex). To purchase our products, see our payment terms below:
(a) If your products are estimated as being delivered and installed between:
(i) 6 to 8 weeks, you will pay the full value of the products (50% being a deposit); and/or
(ii) 8 to 16 weeks +, you will pay a deposit of 50% of the value of the products.
(b) If you pay by finance using our credit provider, you will pay a deposit of 10% of the value of the products.
(c) If you purchase any bespoke products (see clause), you will pay the full value of the products, all of which is non-refundable.
(d) Where applicable, the full price of the products (less the deposit), is required prior to delivery and installation.
(e) The deposit is non-refundable, unless you purchased online or on the telephone and exercise your right to change your mind in accordance with clause 8.3 and 8.4
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 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 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.
13.2 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 products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987.
13.3 When we are liable for damage to your property. Where we are installing the products in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services or were not caused by us.
13.4 We are not liable for business losses. 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.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 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 give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
14.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this and will ensure that your rights under this agreement are not affected. If you are unhappy with the transfer you may contact us to end the contract within 10 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
15.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.3 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.
15.4 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. 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.
15.6 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Furniture Ombudsman via their website (below). The Furniture Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
ScheduleModel Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
ToDarlings of Chelsea, 2 The Customs House, Waterside, Dickens Heath, Solihull, B90 1UD, 0121 7453857,[email protected].
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.