Terms & Conditions

 

Terms and Conditions
 
The terms and conditions for purchasing from Sofa Cash&Carry.
 
Standard conditions of sale:
 
Definitions   
 
        1. "Buyer" means the person who buys or agrees to buy the Products from the Seller.
 
        2. "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in
             writing by the Seller.
 
        3. "Delivery date" means the date specified by the Seller when the Products are to be delivered.
 
        4. "Products" means those goods specified.
 
        5. "Seller" means Sofa Cash&Carry.
 
        6. "Consumer" shall bear the meaning ascribed in section 12 Unfair Contract Terms Act 1977.
 
Conditions applicable
 
       1. Nothing in these conditions shall affect the buyer’s statutory rights as a consumer.
 
       2. The Seller shall sell and the Buyer shall purchase the products in accordance with any written quotation of the Seller which is
           accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to
           orders placed using the Seller’s electronic online ordering service, subject in any case to these conditions, which shall govern
           the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to
           be accepted, or any such order is made or is purported to be made, by the Buyer.
 
       3. Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer,
           invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part
           of the Seller.
 
            4. If any provision of these conditions is adjudged invalid or unenforcable in whole or in part the validity of the other
                provisions of these conditions and the remainder of those provisions in question shall not be affected.
 
The price and payment
 
            1. Save as provided otherwise herein the Price shall be that as stipulated in the Seller’s published price list current at
                the date of order of the Products. Any event of any increase in the cost to the Seller of raw materials, labour,
                overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable
                under the contract upon written notice. If notice of price increase is given by the seller, the buyer shall have the right to
                cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the seller
                within seven days of delivery of the notice of price  increase to the buyer.
 
            2. Payment of the Price shall be due at the date of the order. Time for payment shall be of the essence. If the Buyer does not
                pay the Price on notification of shipment the Seller may bring an action for the Price even though property in the Products has
                not been passed to the Buyer. If the Buyer fails to make payment as required the Seller may suspend delivery of the Products
                or any further Products ordered until payment is made in full.
 
            3. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment 
                at the rate of 2% above Barclays Bank Plc’s base rate from time to time in force and shall accrue at such a rate after as well as
                before any judgement.
 
 The products
 
           1. The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance
                required to conform with any applicable statutory requirements where the Products are supplied to the Seller’s specification.
 
           2. Photographs are for illustrative purpose only, and may not exactly match the product itself.
 
Guarantee
 
PLEASE NOTE:  YOUR CUSTOMER ORDER RECEIPT IS YOUR GUARANTEE, THIS MUST BE KEPT FOR THE DURATION OF YOUR GUARANTEE, IF YOU HAVE AN ISSUE WITH YOUR PURCHASED PRODUCT, THIS MUST BE AVAILABLE TO VALIDATE YOUR CLAIM.
 
(Due to volumes of sales Debit or Credit card statements can not be accepted as proof of Guarantee, these are proof of a purchase, but not what the purchased item was) 
 
 
 
All new goods supplied are guaranteed by the manufacturer for a period of 12 months from the date of delivery.  Your statutory rights are unaffected.
 
In the event of an issue arising with your purchased product, contact the Seller in this instance, the Sofa cash&carry store. The seller will give you details on how to open an issue with their Head office, and they will allocate an External Assessor to your case.
 
The Seller can only deal with your issue via e-mail communication, this e-mail address will be supplied by an instore representative, a Returnable Deposit will be asked for and a Valid receipt must always be present.
 
It is the Buyers responsibility for the duty of care for any purchased goods in whilst in their possession.
 
It is the buyers responsibility to have a valid receipt available and not that of the seller. th
 
If a valid reciept is not available and the External Assessor attends, the Returnable deposit will be non-refundable and no assesment will be carried out.
 
Once an issue has been opened and a confirmation email sent to the buyer, the buyer then has 30 days to confirm their acceptance by signing the declaration and providing the returnable deposit. After the 30 day period has expired it will be assumed that the issue was not warranted and the issue case will be closed.
 
Returnable deposit is only returned if the issue is deemed to be that of a Manufacturers issue and not of miss-use, If found to be miss-use further charges will be applied.            
 
All products should be used as specified by the manufacturer, if unsure contact the seller for more information, for example: The arm of the sofa is for resting your arm and at no point should it be sat upon, stood upon or used for moving the sofa, to move a sofa it requires 2 compitent people to lift from either end of the sofa from underneath, taking care not to snag the legs, all legs are the responsibility of the customer to maintin they are securely attached at all times. 
 
 
 
 
 
  Delivery, Returns and Cancellations
 
           1. Delivery of the products shall be made by the Seller or his agent notifying the Buyer that the products are available for collection at
               the Sellers premises or for delivery to such place as the Buyer may specify at the time the order is placed.
 
           2. The Seller shall use his reasonable endeavours to meet any date agreed for delivery.
 
           3. In any event time of delivery shall not be of the essence.
 
           4. The Seller shall not be liable for any delay in delivery howsoever caused.
 
           5. Generally, where an order contains more than one item all items will be delivered at the same time once all items are available.
 
           6. Where a delivery date has been agreed with our carrier but the customer isn’t present to receive the delivery we reserve the right to
               charge the customer for additonal delivery to cover part of the cost of the failed delivery.
 
           7. Mattresses can only be returned if they are unopened. Mattresses which have been opened,or sat on or, slept on cannot be returned.
               If you wish to test a mattress please keep it wrapped until you are sure you want to keep it.
           
           8.  "Shop floor Models" also listed as " Sold as Seen"  are subject to the customers appraisal at the time of PURCHASE. Any visual defects
                externally, encompassing, un-even stitching, scarrings, surface scratches, scuffs, abnormalities in shape or size are not covered in the
                manufacturers Guarantee, as these would have been fully visable at the point of Purchase.
 
          9. In the event of a frame structure, regardless of "Sold as Seen" or "Shop floor Model"  the manufacturers Guarantee will stand.
 
        10. Reburbished items carry upto a 90 day manufacturers Guarantee. Guarantees are individual to each product. Some reburbished items carry no manufacturers guarantee.
 
              The Seller accepts no responsibility for any Refurbished Products, the Buyer has accepted these terms at the point of sale, sold as a "Sold as Seen" product
 
The Seller has a no roll on Guarantee policy in the event of replacement. 
 
 
 
 Acceptance of the products
 
           1. After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.
 
 Title and risk
 
           1. Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
 
           2. Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or
               clear funds payment in full.
 
           3. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products
                which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any
                other right or remedy on the Seller) immediately become due and payable.
 
 Insolvency of buyer
 
       This clause applies if:
 
           
           1. The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an
                individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of
                amalgamation or reconstruction) or
 
           2. An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or
 
           3. The Buyer, not being a consumer, ceases, or threatens to cease, to carry on business, or
 
           4. The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and
                notifies the Buyer accordingly.
 
If the Clause applies, without prejudice to any other right or remedy available to the  Seller, the Seller shall be entitled to cancel the
contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Products have been delivered
but not paid for the Price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary.
 
General
 
        1. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or
            circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction in or
            unavailability of power at the Seller’s premises or its manufacturing plant, breakdown of plant or machinery or shortage or
            unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
 
        2. Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices
            to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer’s address as provided to
            the Seller.
 
 Headings
 
        1. The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
 
 Representations
 
            No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication
            or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of
            these conditions.
 
Additional costs
 
            The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through
            failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
 
Payment Plans
 
             The buyer enters into an agreement, to where a purchase can be held for a period of time until the balance can be found. At the end of the term
             specified, no longer than 12 weeks, if the balance is not available the Buyer is in Breach of there contract with the Seller.
 
             All Deposits are non-refundable.
 
            It is at the descretion of the Buyer to what deposit is placed, above the Sellers minimum requirement.
 
                                                                                                                           The Seller requires for a 4 week plan a minimum deposit of £50
                                                                                                                           The Seller requires for an 8 week plan a minimum deposit of £100                                                                                                                                                                                                                                     The Seller requires for a 12 week plan a minimum deposit of £150
 
Access
 
It is the Buyers Responsibility to ensure their is sufficient access for the goods to be delivered, and not that of the Seller. In the event of insufficient access, the external delivery team will leave the goods in a safe place* for the Buyer to find a resolution. ( * classification of a safe place : somewhere the goods can be placed without risk of falling. This can be indoors or outdoors.) Refusal to accept the products will incurr a 25% restocking fee and a failed delivery charge. All deposits are non refundable.
 
Ordering
 
Please ensure that you order the correct product, by placing your deposit, you are entering into a contract with the Seller for the goods listed on your customer order sheet, any changes will incurr a 25% restocking fee. All non-stock items, to be ordered in as a set are final and can not be changed. 
 
 
 
 Proper law of contract
 
            This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising determined exclusively
             by the Courts of England and Wales.