Terms & Conditions of Sale (Online & Telesales)
These terms and conditions (together with the documents (such as the Order Confirmation) referred to in it) tells you the terms and conditions on which we supply any of the Goods or services linked to buying the Goods listed on our website to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Goods from our site. You should understand that by ordering, you agree to be bound by these terms and conditions. Your attention is drawn in particular to the provisions of the Liability clause (clause 10) and the Force Majeure clause (clause 12).
We intend to reply upon these terms and conditions and any documents (such as the Order Confirmation) expressly referred to in the terms and conditions in relation to the subject matter of any Contract formed between us in accordance with clause 3 below. Please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
Please understand that if you are unable to accept these terms and conditions, you will not be able to order any Goods from our site.
1.Information about us
1.1 We operate the website Comfyland.co.uk. Our company name is ComfyLand Ltd, a company registered in Scotland under company number 543824 and with our registered office at 272 Bath Street, Glasgow, G2 4JR.
By placing an order through our site, you warrant that:
(a)you are legally capable of entering into binding contracts; and
(b)you are at least 18 years old;
3.How the contract is formed between you and us
3.1 Your order constitutes an offer to us to buy Goods and services linked to buying the Goods (“Order”).All Orders are subject to acceptance by us, which we are free to accept or decline at our absolute discretion. We will confirm our acceptance of your Order by sending you an e-mail confirming our acceptance (“Order Confirmation”). The contract between us will only be formed when we send you our Order Confirmation.
3.2 We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
3.3 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, technology, payment methods, relevant laws and regulatory requirements and/or in our system’s capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
- Cancellation and Amendment of Orders
4.1 Subject to clause 4.2 below, under the Distance Selling Regulations, you may cancel a Contract with us at any time within seven days, beginning on the day after you received the Products, with the exception of made to measure items, Leather sofas, all corner units. This right only applies to sofas and chairs in fabrics and if there is any damage to the item on delivery.
In qualifying circumstances, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.
4.2 The Distance Selling Regulations do not apply to a Product that is made or assembled especially for you (“made to measure”). Therefore once we have accepted an order from you that is for a made to measure Product, you do not have the right to cancel it, though we may do so with the incurrence of a 30% restocking fee. This is entirely at our discretion.
Examples of our made to measure Products include sectional furniture and any Product in a fabric.
4.3 To cancel a Contract, you must inform us in writing or by telephone and we will confirm cancellation, terms and details by email. You must also contact us as soon as possible (but in any event within the 7 days) of receipt of your order. We will make arrangements to collect the furniture as soon as possible after you notified us. Products must be returned to us in the same condition in which you received them. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right to retain the purchase price of the Product or a reasonable percentage of the purchase price as compensation for any damage to the Products and for our additional costs incurred.
4.4 Genuine returns for Products delivered within the UK which are notified to us within 7 days and returned in the same condition in which you received them will not incur additional return delivery charges. We will also repay you the original delivery charge that you paid for the order.
4.5 No order can be cancelled after seven days from delivery. This clause does not affect other legal remedies that you may have, for example, where the Product is faulty.
4.6 If you realise you need to amend an order prior to delivery please contact us. If you amend your order there may be changes to your delivery date or charges and/or the price of the Products.
4.7 Prior to ordering please check the dimensions of the Product(s) you are proposing to order to ensure they will fit into your chosen location for them.
4.8 changed your mind after placing the order. Please notify Comfyland within the first 7 days from the date of order to cancel. Any cancellation request received after the 7 days period, will not be accepted so please carefully consider your decision to place your Order before doing so;
5.1 We will take reasonable steps to pack the Goods properly and to ensure that you receive your Order in good condition.
5.2 We will not be responsible for any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we or the manufacturer do not recommend, your failure to follow our or the manufacturer’s instructions, or any alteration or repair you carry out without our prior written approval.
5.3 These terms and conditions apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform to these terms and conditions.
6.1 Any photographs, models, samples, drawings, sizes and/or product description or advertising we issue, and any illustrations contained in our catalogues, brochures, emails or on our website are produced solely to provide you with an approximate idea of the Goods they describe and/or are representative of the finished product. All Goods are manufactured within the standard industry measurement tolerances.
6.2 Your Order is unique to you and will be supplied in accordance with the instructions and specification as detailed in our Order Confirmation. Every effort will be made to match all colours and finishes in our stores. Notwithstanding this all Goods are purchased and supplied, on the understanding that there may be slight dye, shade and grain variations, particularly with natural products such as wood and leather. Leather products are made from quality hides and may not be uniform in colour or texture and will show natural marks and scars. Colours may also change with age and exposure to sun and other climatic conditions.
6.3 Where stated some images have been digitally created to illustrate the colour options available from the range. These colours will be affected by your monitor and by your printer and therefore may not be 100% accurate to the finished product. Exact colour swatches can be obtained from our Store/Warehouse.
6.4 Occasionally we may supply Goods with minor differences in specification due to circumstances beyond our reasonable control. Should this be the case any differences will result in the Goods being of an equal or improved standard, and it will not affect your rights under the law, and the quality coding and guarantee will continue to apply.
- Extended Care and Protection
6.5 Extended care and protection may be purchased separately when available in order to further protect your investment.
7.1 All delivery times quoted at the time of order are estimated and so cannot be guaranteed. Whilst we will make every effort to deliver within the estimated delivery time, occasionally deliveries may be affected by factors beyond our control. We will deliver to the delivery address stated in the Order and confirmed by us in the Order Confirmation. Should you wish to change the delivery address from the address given in the Order and confirmed by us in the Order Confirmation then you must have notified us and have obtained our agreement in writing to any change in delivery address prior to any delivery taking place.
7.2 We will contact you where applicable to arrange delivery and to ensure that full payment has been made prior to your Order being delivered. We will offer you an initial delivery slot but if this is not acceptable we will offer you a maximum of two reasonable alternatives. We reserve the right to charge a storage charge in the event you do not reasonably accept delivery. If you are not going to accept delivery yourself, you must notify us in advance of the nominated adult who will take delivery.
7.3 Goods will be delivered to Mainland Britain and Northern Ireland only. Extra charges will apply for all other locations.
7.4 A delivery charge will apply on all orders. The amount is same for all the Orders and is made clear at the point of Order, and will be contained on our Order Confirmation. Unfortunately, we are not able to arrange for collection of Goods from our distribution centres on sales processed through our site.
7.5 Where you have ordered multiple Goods from us we may need to make more than one delivery to you. Where this is necessary we will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs.
7.6 Delivery of the Order shall be completed when we deliver the Goods to you.
7.7 We do not hold or store Goods, therefore if you fail to accept the reasonable delivery dates offered to you, then, except where this failure is caused by our failure to comply with these terms and conditions or by an event beyond our control;
(a) We will store the Goods until delivery takes place and may charge you a reasonable sum currently £35 per week to cover expenses
Any such charges must be cleared before delivery will take place.
7.8 Clause 7.7 will not apply where the Goods are available before the delivery date detailed in the Order Confirmation or as agreed with you where you have stipulated a “not before date” on your Order, and which has been confirmed on the Order Confirmation.
7.9 It is essential that you notify us of any possible restrictions to access into your home when placing your Order so that we can perform a risk assessment. In particular you should consider vehicle access, lifts, staircases and room access. Should windows or doors need to be removed to allow access, it is your responsibility to arrange this at your own cost and at your own risk.
7.10 We recommend that you do not dispose of your existing furniture until one day prior to your confirmed delivery date.
7.11 We deliver only to the first floor of any house/apartment block, except when arranged separately within the Order and confirmed in the Order Confirmation. Any such arrangement may incur an additional charge that we shall advise to you.
7.12 You must ensure that you or a nominated adult with (if we so request in order to prevent fraudulent activity) appropriate ID (driving licence or passport) are available on the day and the point of delivery to sign for the Goods.
7.13 You must also ensure that on the day of delivery access to your preferred location of the Goods is clear and free of any obstruction. If you or a nominated adult are not available or the access is not clear and free of any obstruction, then we will not deliver your Goods. This will result in a re-delivery of your Goods and a further delivery charge will be levied.
7.14 Goods intended to be assembled by you will not be unpacked at the point of delivery.
7.15 We do not accept any responsibility for damage to your property during delivery other than damage due to our negligence when our liability is limited to the repair of that damage with no element of betterment.
8.Title and risk
8.1 The Goods will be your responsibility from the time of delivery.
8.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
9.Price and payment
9.1 Where payment is to be made by finance agreement, we will require payment in full of the value of the Order inclusive of VAT and any delivery costs at the time the Order is made.
9.2 Where payment is to be made by finance agreement we may require a deposit to be paid at the time the Order is made. In the event that the cancellation rights in clause 4 apply this is refundable.
9.3 The price of the Goods will be as quoted on our site from time to time. The delivery charge will be as set out in clause 7.4 above.
9.4 The prices of Goods include VAT. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
9.5 The prices of Goods and delivery charges are liable to change at any time, but changes, other than changes in the VAT rate as set out in clause 9.4, will not affect orders in respect of which we have already sent you an Order Confirmation.
9.6 Payment for all Goods must be by credit, debit card, Bank Transfer or approved finance agreement.
- Our liability
10.1 Subject to clause 10.2 and clause 10.3, if either of us fails to comply with these terms and conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms and conditions at the time we entered into the contract with one another.
10.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and we have no liability to you for any consequential loss, loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 Nothing in this agreement excludes or limits in any way our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
11.1 We are a registered data controller for the purposes of the Data Protection Act 1998 (the “Act”) and we will comply with the statutory requirements imposed on us to keep your personal data confidential and secure. We are fully compliant with the Act.
11.2 Telephone conversations with us may be recorded for the purposes of monitoring customer service standards and for security.
11.3 Your information (or the information of the nominated adult) will be used to process your Order, deliver your Goods and/or to handle any claims made under the guarantee. In order to do so we will need to disclose your personal data to selected third parties including a finance company when applicable.
11.4 If you so choose, your personal data can also be used to enable us, or certain carefully selected third parties to notify you of any special offers or services we feel may be of relevance and interest to you. To do this we may share your personal data with carefully selected third parties.
12.Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action
(b) civil commotion, riot, invasion, piracy, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) inclement weather, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. Should the Force Majeure Event continue for a period of more than 3 months then either party will have the right to terminate any contract that exists between ourselves forthwith without any further liability to the other party apart from providing you with a refund if you have not received the Goods.
13.Transfer of rights and obligations
You may not transfer any of your rights or obligations under these terms and conditions to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these terms and conditions to another organisation, but this will not affect your rights under these terms and conditions.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site or telephone sales system, 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 legal rights.
All notices given by you to us must be given to Comfyland at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter (if sent from the UK). In proving the service of any notice, it will be sufficient to prove, in the case of a letter posted in the UK, 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.
15.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
15.2 If we fail, at any time while these terms and conditions are in force, to insist that you perform any of your obligations under these terms and conditions, or if we do not exercise any of our rights or remedies under these terms and conditions, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms and conditions shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
15.3 A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
15.4 These terms and conditions shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.
Cancellation by Comfyland
We reserve the right to not accept an order if:
We or our supplier do not have the stock to fulfil an order.
If we are unable to deliver your order
If your payment was not authorised
The item was incorrectly described or priced on the website
If you have not complied with our terms and conditions of sale
“Buy More and Save up to 40% off” will run until 16th January 2017.
“Quick Delivery” indicates a lower quoted delivery time in comparison to a majority of products. All delivery times quoted at the time of order are estimated and so cannot be guaranteed. Whilst we will make every effort to deliver within the estimated delivery time, occasionally deliveries may be affected by factors beyond our control. See Section 7 of our Terms and Conditions for more information regarding delivery.