Welcome to the comfortandslouch.com website terms and conditions for use. These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below.
Comfort & Slouch is the trading name of Mark Webster Designs Ltd.
Company number 5508084 registered in the UK
VAT Registration Number 880 7195 95.
Tel: 01623 857698
Sutton in Ashfield
By using this website you agree to our terms and conditions. From time to time we may need to make changes to the terms and conditions, so please take a moment to check these when you access or use the website.
Nature of Website
Our website allows you to review and order products, for delivery straight to your home. Details of our range of products and services are provided.
Whilst we make every effort to ensure that the information contained within this website is correct, we cannot guarantee or give any warranty as to its accuracy.
We reserve the right to make changes or amendments, discontinue or suspend any product, service or aspect of our website including your access to it. All of the products and services on the website will be subject to the standard terms and conditions unless otherwise stated.
The terms and conditions currently available on this website replace any other previous versions.
Statutory Rights and Liability
Your statutory rights are not affected by these terms.
Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.
We will replace the product where a repair or replacement is impossible because of the nature or severity of the defect(s).
We shall not be liable in contract, tort (including without limitation negligence or breach of statutory duty), misrepresentation (excluding fraudulent misrepresentation) or otherwise arising in connection with the performance or contemplated performance of our Agreement with you, for loss of profit, loss of business or revenue, loss of anticipated savings, depletion of goodwill or any third party claims (save in respect of death or personal injury) or any indirect or consequential loss or damage, which arise out of or in connection with our Agreement with you.
You may cancel/amend your order with us and receive a full refund up to the day prior to delivery, at no charge.
You have seven working days from the day after you receive the goods to cancel your order. Please note, this only applies to items purchased from the ‘Clearance’ section of the website. Please read our refund policy below for full details.
You are advised to check the status of the order before requesting cancellation.
Cancellations must be confirmed in writing by fax, letter or email.
It is our normal policy to supply replacement parts or to repair defective products.
In the event that we agree to collect a defective product from your premises (product cannot have been assembled or partially assembled by any other person than our delivery team), our delivery team will contact you to arrange a collection date. Where collection is aborted for reasons unconnected with us or our carrier, a collection charge of £60 must be paid before recollection is attempted. You may return the goods at your expense you are responsible for risk of loss or damage and are advised to take out adequate insurance to cover the value of the goods.
On return of the product, if it has been modified in any way (painted/treated/assembled) then the refund will be refused.
In compliance with the above regulation you have a cooling off period where you may withdraw your order and therefore your agreement with us. The cooling off period is any time up to seven working days after the day we have delivered the product to you. You must cancel your order in writing either by fax, letter or email. Please note, this does not apply to any items purchased from the ‘Returns’ section of the website. These goods are sold as seen and cannot be returned.
If the goods are returned for any other reasons than being defective then you will be required to arrange and pay for the cost of returning the goods to us (please refer to returns paragraph above).
The product must be in its delivered form and must not have been tampered with in any way, you are advised, to where ever possible use the original packaging to protect the product on its return journey, unless assembled by our own delivery team.
The product will be inspected on return to ensure that the product has not been tampered with and is complete. Please be advised that you do have a duty of care for the products during the period of cancellation of your order and the collection of the goods.
Where a refund is to be paid we will refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case within 30 days of the day we received your cancellation instruction.
Any products that are special order, bespoke or purchased in bulk are not subject to the cooling off period.
You shall not be entitled to assign this agreement with us or any part of it.
We reserve the right to delay the completion of any of our contractual obligations if we are hindered or prevented from doing so due to circumstances beyond our reasonable control, provided that, if the circumstances in question continue for a continuous period in excess of 120 days, either party shall be entitled to give notice in writing to the other to terminate the agreement.
If any provision of this agreement shall be held to be illegal, invalid or unenforceable in whole or in part, either under enactment or rule of law, such provision or part shall to that extent be deemed not to form part of the agreement but the legality, validity and enforceability of the remaining provisions of the agreement shall not be affected.
Any waiver by us of any breach of, or any default under, any provision of this agreement by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other conditions of this Agreement.
No term or condition of this agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to the agreement and you and we may exercise, without the consent of any third party, any rights you and we may have to amend or rescind this agreement.
This agreement shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts.
Our website is only available to individuals who can form legally binding contracts under applicable law. Those individuals must be over 18 years old to use our methods of payment. If you do not qualify you may not place an order for products or services.
The website is published on an “as is” basis. We accept no liability for functions contained within the website and make no guarantee that the site will operate uninterrupted, error free or that any defect will be corrected.
We do not guarantee that our website will be compatible with your computer or that the server will be free of errors, viruses or worms. We shall not be liable for any damage you may suffer as a result of any of the above.
Our website contains links to other websites. When you access another website via one of these links you understand this it is independent of us and that we have no control over the content or availability of that website.
This site and all materials text, code, content, software, photographs, illustrations, artwork, links contained in it or linked to it are protected by copyright, trade marks and other intellectual property rights owned or licensed by us. Any person using this website is welcome to view this website but not copy, re-use or re-produce any elements of content or site without written permission.
Any links to this website must be authorised by us before they are created.
You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to tamper with, hack into or otherwise disrupt any computer system, server, website, router or any other Internet-connected device.
Terms and Conditions of Sale
“We”, “us” and “our” refers to [legal entity entering into the contract and its address].
“You” refers to the customer who pays for the product [and signs [name of document]].
“This Agreement” refers to the [order you have placed and signed] and these terms and conditions.
All prices listed are in pounds sterling (GBP) and are inclusive of VAT, unless otherwise stated.
We may amend the price of a product at any time. The price you pay will be the price advertised at the time you place your order.
The price on your order will be validated on order entry. Should a pricing discrepancy arise we will inform you if a product’s correct price is higher than the price stated on your order. You may choose to cancel your order at this point.
Discounted prices can be requested for bulk or multiple deliveries. Please contact our sales department for more information.
Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire Security and Data Protection Agreement
These terms and conditions and any document expressly referred to in them represent the entire Agreement between us in relation to the subject matter of any contract and supersede any prior Agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
Risk and Title
Ownership of products will pass to you on delivery.
We will acknowledge receipt of your order(s) as soon as possible by e-mail. A binding Agreement arises once we accept your order and we will then charge your credit/debit card on acceptance of your order(s).
Product Availability, Illustrations and measurements
All items are subject to availability. We cannot guarantee availability. If the goods are unavailable we will contact you with suggestions of alternative goods with an equivalent quality and price.
We will endeavour to deliver the goods within the times stated but goods are subject to availability and delay in delivery of goods is sometimes out of our control.
Any dates that we specify are approximate and we will not accept any responsibility for losses, costs, damages, charges or expenses caused by any delay of the delivery of the goods.
Please allow enough time for the products to be delivered and inspected before booking tradesmen. We cannot be held responsible for out-of-pocket expenses resulting from products being unavailable or a delay in delivery.
Whilst we have taken great care to present an accurate representation of the products available chair colours and the actual products may vary from the illustrations on the website. Colour swatches for upholstered products are available on request.
All standard measurements are clearly displayed on the website if you require further measurements or have any questions about the product contact us either via email or phone before placing your order. An exchange of a product can be arranged but the product must be in its original condition and packaging. Note there will be a charge to cover recollection costs when an exchange is requested for reasons other than the product being defective.
Please take time to check the product and all its parts in full within 24hrs of product receipt.
Any shortages, damage or manufacturing faults should be reported to our customer services team on 01623 857698, alternatively you can email us at firstname.lastname@example.org within 24hrs of product receipt. In most cases customer services will resolve the problem by sending a new part.
Where the product has been partially assembled, we will assume that all parts were present and correct at the time of delivery and no refunds or replacements will normally be available.
Any problems reported after the specified time can be resolved but may be charged at a cost of the product or part and delivery. Costs will be confirmed on request.
Some of our products will require assembly. This will be carried out by our delivery team where stated. If the product you purchased does not include the delivery option or you have instructed us that you would like to assemble the goods yourself then:
Please follow the assembly instructions. There will be no refunds or replacements for incorrect installation or assembly.
As we assume that products that have been installed, assembled, painted or modified in any way were not defective at the time of delivery, no replacements or refunds will normally be available for such products.
If you experience any other problems whilst assembling your product contact our customer services team on 01623 857698.
If once assembled or partially assembled you report that the product is faulty, we reserve the right to attend your premises to view the product to determine whether there is a defect for which we are responsible. There is a call out charge of £95 payable in advance for such a visit, which will be fully refunded if we find that there is a defect in the product for which we are responsible.
When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
In the unlikely event you wish to make a complaint please contact us via email: email@example.com
We shall make a full investigation of your complaint and will aim to contact you within five working days of receipt of your letter.
This guarantee is in addition to any terms and conditions implied by law and nothing in these terms affects your statutory rights.
All enquiries via email (including complaints) will be dealt with within 48hrs of receipt excluding Weekends and Bank Holidays.
All notices given by you to us must be given to firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address provided by you when placing an order. Notice will be deemed received and properly served 24 hours after posting on our website, 24 hours after an e-mail being sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of Rights and Obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
Our carrier will hold details of your name and address for the purpose of delivery of the product and to verify that delivery took place. We will hold details of your name and address in connection with the product delivered to you.
Right to Vary Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the dispatch confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).
Third Party Security and Data Protection Rights
No term or condition of this Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to the Agreement and you and we may exercise, without the consent of any third party, any rights you and we may have to amend or rescind this Agreement.
Law and Jurisdiction
Contracts for the purchase of products through our site will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Links from our Site
There may be links that will let you leave this site or that will let you access this site from third party sites. Linked third party sites are not under the control of The Company and The Company is not responsible for the content of any such linked site or any link contained in such a linked site. Existence of links to other third party sites is not an endorsement by The Company in favour of such sites or the products or services contained in any linked site. To the extent that this site contains links to, or may be accessed from outside services and resources, the availability and content of which The Company does not control, any concerns regarding any such service or resource or any link thereto should be directed to the particular outside service or resource.
You must not establish a link from any website that is not owned by you.
If you wish to make any use of material on our site other than that set out above, please send your request to us at email@example.com