For advice or to order please call:
020 7371 5494

You have no items in your shopping cart.

Terms and Conditions

Please find below the terms and conditions for both the "Sale Of Goods" and "For Use Of Website"

Terms And Conditions For The Sale Of Goods

(Not for use of website)

Effective Date: 01/05/2012

  1. Introduction
    1. The sale of goods on this website are the responsibility of Darlings of Chelsea Ltd (registered address 9-13 Fulham High Street, London, SW6 3JH) Our VAT number is GB848675372.
    2. These terms and conditions apply when you buy any goods via this site.
    3. We may change these terms and conditions at any time. Please check them carefully as they will apply to any new purchases made after the effective date shown above.
  2. Delivery
    1. Delivery Times
      1. 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.
      2. 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.
      3. 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.
    2. Delivery Process
      1. 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.
      2. 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.
      3. 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.
      4. 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.
      5. 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.
      6. The delivery team will ask you to sign a receipt for delivery of the Goods.
      7. 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.
      8. 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.
    3. Delivery Costs
      1. The charge for a Standard Delivery is £75.00 per delivery.
      2. 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.
      3. 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.
      4. Delivery to other destinations in the world is available on request and with prior agreement of the charges.
      5. 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.
      6. 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.
      7. Additional delivery costs are deemed incurred under a separate contract to the contract for the purchase of the Goods and are not refundable even if the contract for the goods is cancelled under condition 3.
    4. Failed Delivery
      1. 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:
      2. 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
      3. If the price of the Goods has been paid in full, make a full refund of the price of the Goods minus 20% and neither party shall have any further liability under the contract.
  3. Specification and Quality
    1. Sizes
      1. Goods are manufactured to be within reasonable commercial standards of tolerances for goods of their type and there can be minor variations in the dimensions of the finished goods as compared to any dimensions given in sales literature.
    2. Quality
      1. 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 nicks, 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 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.
      2. We reserve the right without affecting our liabilities to you to make technical 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.
      3. 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. You will not be entitled to reject the Goods due to any damage or fault which we can repair or remedy, or solve by replacing the Goods or the affected part.
    3. Damage and Defects
      1. If the Goods are delivered damaged or faulty, you must notify us within 24 hours of delivery and, unless you give us a reasonable opportunity to inspect the Goods, we will not be liable for such damage or fault. If on inspection by us the Goods are found to be damaged or faulty then, at our discretion, we will either repair or replace the damaged or faulty part, parts or the whole, 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 sales@leathersofa.co.uk or by letter delivered to our showroom.
    4. Expert report
      1. If we are unable to reach agreement with you on a matter concerning the quality of the Goods we may refer the matter to an independent furniture company which, as experts, will carry out at our cost an inspection of the Goods and will produce a report the findings of which will be binding on you and on us.
  4. Cancellations
    1. Goods are specially ordered and made to the customer’s specification. As such, an order can only be cancelled by you if we agree to it being cancelled. Generally cancellations will only be considered where either the order has not yet been placed with the manufacturer or, if it has been placed, the manufacturer agrees to accept a cancellation from us. Usually we have no more than 3 days after the order is placed with us to cancel our order with the manufacturer.
    2. If we agree to accept a cancellation at that stage, we will refund the price of the Goods. The refund will be net of administration charges.
    3. If we agree to accept a cancellation after the goods have been delivered to you, we will make a full refund of the price of the Goods minus 20%.
  5. Title To Goods
    1. 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.
    2. 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.
    3. Until title passes in accordance with condition 5.2 you will be in possession of the goods solely as the bailee of the Company.
    4. 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.
    5. 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.
    6. Until title in the goods has passed in accordance with condition 5.2 you will not remove alter or deface any identification sign mark label or serial number of ours.
    7. 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.
  6. Risk and Insurance
    1. 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.
  7. Liability
    1. 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.
    2. Without prejudice to condition 6.3 our liability for damage to property caused by negligence or otherwise shall not exceed £15,000 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.
    3. 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.
  8. Miscellaneous
    1. Each of our remedies is a separate remedy and operates without prejudice to any other remedy.
    2. 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 Barclays Bank plc.
    3. 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.
    4. 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.
    5. 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.
    6. If you are two or more persons then your obligations shall be joint and several.
    7. 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.
    8. 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.
    9. 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.
    10. 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.
    11. The headings to these Terms and Conditions are for convenience only and are not intended to form part of these Terms and Conditions.

 


 

Terms And Conditions For Use Of Website

(Not for sale of goods)

Effective Date: 01/05/2012

  1. Introduction
    1. This website is owned and operated by Styles Creative Limited. We are registered in the UK (technically “England & Wales”) under number 6542931. Our registered office and trading address is at Suite 1 Midland House, Wharf Road Avon Industrial Estate, Stratford-Upon-Avon, Warwickshire, CV37 0AD. Our VAT number is 947 1089 05.
    2. Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using this website you agree to be bound by these terms and conditions.
  2. Sale of goods or services via this website
    1. We ourselves do not sell or supply goods or services.
    2. Any goods or services referred to our website are offered for sale by Darlings of Chelsea Ltd (registered address 9-13 Fulham High Street, London, SW6 3JH), VAT number GB848675372 or another third party (described below as “the Seller”). All content on our website relating to those goods or services (“Seller Content”) is supplied or authorised by the Seller.
    3. We do not recommend or endorse the Seller or any particular goods or services.
    4. Any contract for sale or supply of goods or services is subject to separate terms and conditions of other form of contract between you and the Seller. We accept no legal responsibility in connection with such goods or services or with any Seller Content. You acknowledge that any legal recourse in connection with such matters is against the Seller and not us.
  3. Changes to the terms and conditions
    1. We may change these terms and conditions by posting the revised version on our website for at least 14 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown.
  4. Use of our website
    1. If we allow you to upload any content to this website, you must ensure that it is accurate, that it complies with all applicable laws, regulations and codes of conduct and that it does not infringe any third party intellectual property rights. Also, your content must not be defamatory offensive, vulgar, racist, abusive, invasive of another’s privacy or similarly inappropriate.
    2. We reserve the right (but do not undertake) to reject, suspend, alter, remove or delete any content or to disclose to the relevant authorities any such content if it breaches our terms and conditions or it is necessary to protect us or others or where we have reasonable grounds for believing that a criminal act has been committed or if we are required to do so by law or appropriate authority, without notice. If so, you must not attempt to re-publish or re-send the relevant content.
    3. Any content which we ourselves make available (such as articles on various topics) is intended for very general guidance but we cannot guarantee that it is accurate or up to date. Before acting on such information, you must make your own appropriate enquiries including as to its accuracy and suitability for your purposes and take appropriate professional or other advice. You rely on such information at your own risk.
    4. We cannot guarantee that the website will be uninterrupted or error-free. We will use reasonable endeavours to rectify faults if they occur.
    5. We are entitled to suspend the website for repair, maintenance, improvement or other technical reason.
  5. Intellectual property rights
    1. All trade marks, logos, graphics, images, photographs, animation, videos, text and software used on the website are our intellectual property or that of the Seller or our other business partners. For the purposes of your personal use only, you may view such content on your screen and print a single copy. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (unless permitted by applicable law) or use such content without our specific prior written consent.
    2. If you publish any Content on our website, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt or display such Content on our website.
  6. Restrictions of our liability
    1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
    2. You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
    3. Very important: If you are a consumer (ie not acting in the course of a business), we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
      1. there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
      2. such loss or damage is not a reasonably foreseeable result of any such breach;
      3. such loss or damage is caused by you, for example by not complying with this agreement; or
      4. such loss or damage relates to a business.
    4. Very important: If you are a consumer (i.e. not acting in the course of a business), you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our website (subject of course to our obligation to mitigate any losses).
    5. The following clauses apply only if you are a business:
      1. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
      2. Our liability of any kind (including our own negligence) with respect to our website for any one event or series of related events is limited to the total payments made by you via this website in the 12 months before the event(s) complained of.
      3. In no event (including our own negligence) will we be liable for any:
        1. economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
        2. loss of goodwill or reputation;
        3. special, indirect or consequential losses; or
        4. damage to or loss of data
        (even if we have been advised of the possibility of such losses).
      4. You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
      5. This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation relating to the terms of this agreement is excluded.
    6. English law
      1. These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
    7. General
      1. We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it can’t be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
  7. Complaints
    1. If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.

© Adlex Solicitors 2012

Version 1.0