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Terms & Conditions

 

These terms and conditions regulate the business relationship between you and us. By using Our Web Site in any way, or by buying from us, you agree to be bound by them. 

No person under the age of 18 years may purchase goods and services. We look forward to seeing you again when you are over 18.

We are:  Into Sofa Ltd
Our address is:  Holly House
Spring Gardens Lane
Keighley
West Yorkshire
BD20 6LE
You are:  a visitor to Our Web Site / our customer

The terms and conditions

1.  Definitions
  In this agreement:
  “Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
  “Our Web Site” means the entire computing hardware and software installation that is or supports Our Web Site.
  “Goods and Services” means any of the goods and services we offer for sale on our web site
  “Content” means information in any form published on Our Web Site by us or any third party with our consent.


2.  Our Contract with you
  2.1

These terms and conditions apply:

2.1.1
so far as the context allows, to you as a visitor to Our Web Site; and
2.1.2 in any event to you as a buyer or prospective buyer of our Goods.
2.1.3 the contract made by you on-line with us incorporates these terms and conditions, which shall prevail over any terms and conditions, proposed by you.
  2.2 Goods advertised may not be available.
  2.3 We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall despatch your order. That is when our contract is made. It is possible that the price may have changed from that posted on our web site.
  2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods and Services.
  2.5 All descriptions, weights and sizes of Goods are approximate. Accordingly, any such description shall not form part of this Agreement.
  2.6 We cannot guarantee that the colour of any of our products will be displayed accurately on your monitor. Therefore, although we do our best to accurately reflect colours of products on the website we are not liable for any colour variation from that viewed to that received.
  2.7 If we are not able to supply the Goods you order, we will offer you alternatives before we despatch your order. If this happens you may:
2.7.1 accept the alternatives we offer;
2.7.2 cancel your order;
2.7.3 leave the order valid, but tell us to omit the item we cannot supply.
  2.8 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.


3.  Price and Payment
  3.1 All prices for Goods are displayed in £GBP.
  3.2 All prices displayed on the website are for on-line purchases and promotions only and are not transferable to sales of our products through telesales.
  3.3 All prices displayed on the website in relation to any on-line promotion are valid strictly until midnight on the day on which the promotion expires, as determined by us.
  3.4 Payment for any Goods purchased pursuant to these terms must be made by credit or debit card at the time of placing the order and prior to delivery. The price of any Goods is the price in force at the time and date of your order. Payment will be taken in full at the time of the order. If you fail to make payment as required we may suspend the delivery of the Goods or any further Goods ordered until payment is made in full.
  3.5 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
  3.6 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
  3.7 We are entitled to refuse any order placed by you.


4.  Information you give us
  4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods and Services.
  4.2 You agree that the credit charge or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Goods. We reserve the right to obtain validation of your credit charge or debit card details before accepting your order.
  4.3 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within two months of purchase.


5.  Delivery
  5.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
  5.2 If we are not able to deliver your goods on the date selected by you on our website, we shall notify you by e-mail to arrange another date for delivery.
  5.3 We may deliver the goods in instalments if the goods are not available at the same time for delivery.
  5.4 We are not liable for any delay in delivery howsoever caused.
  5.5 We will deliver your furniture Monday to Friday between the hours of 8am to 8pm to any UK mainland address. Deliveries scheduled for am, pre 9:30am or Saturday delivery will incur an additional charge which will be advised prior to processing.
  5.6 You are responsible for providing a safe means of access from the public highway to the place of delivery. If our Courier considers that access is unsafe then the Goods will not be delivered until safe access is provided.
  5.7 If we are unable to deliver your Goods due to there being no safe means of access to the place of delivery we shall be entitled to cancel your order and refund your payments less the costs of the failed delivery and £50 + VAT administration fee.
  5.8 If we accidentally damage goods in the course of the delivery then our liability for that damage is limited to the repair or replacement of the goods or the value thereof.
  5.9 Sundry items and optional extras ordered independently of furniture will incur a postal charge.
  5.10 Where a delivery date has been agreed with our Carrier but you are not present to receive the delivery we reserve the right to charge you a minimum of £25 to cover part of the cost of the failed delivery. We reserve the right to charge you for any subsequent deliveries.
  5.11 You are liable for any loss or extra cost incurred by us through your instructions or lack of instructions or through failure or delay in taking delivery or through any acts or defaults on your part.
  5.12 Time of delivery is not of the essence in these terms and conditions. We will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery or re-scheduling of delivery.


6.  Taxes, duties and import restrictions
  6.1 We have no knowledge of, and no responsibility for, the laws in your country of residence.
  6.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence.


7.  Goods Returned
Because you are buying the Goods by mail order, you may have a right of cancellation. If you do (and only if you do), these are the terms which apply:
  7.1 You must tell us you wish to cancel within fourteen (14) days of your receipt of the Goods by emailing service@intosofa.com;
  7.2 In any event, you may not cancel orders for handmade, specially commissioned or personalised goods;
  7.3 The Goods must be returned to us within 21 days of your telling us you wish to cancel. To arrange collection please contact our customer service department at service@intosofa.com.
7.3.1 Goods and all packaging must be in their original condition;
7.3.2 Goods must be securely wrapped;
7.3.3 Goods must include our delivery slip;
  7.4 After we have received the Goods, we will credit your credit or debit card with the full purchase price of the goods returned no later than 30 days from the date of receipt, subject to the Goods being received in a saleable condition.
  7.5 If we deliver incorrect or damaged goods, or in the event that you discover any defect in the goods for which you require compensation or other remedy, you must report the defects with 14 days of the date you receive them by contacting our Customer Service department at service@intosofa.com . Goods must be kept in a saleable condition and the original packaging retained in the condition in which it was supplied.
  7.6 We will not be liable for any damage or loss resulting from repairs attempted by you or third parties.
  7.7 If you do not return the Goods to us, you are still liable to us for the cost.
  7.8 If you are unhappy with the sofa or chair for any reason at all, simply ring us on 01535 604090 or email us at service@intosofa.com within 14 days of receipt and we will arrange for the goods to be collected and we will return your money in full. In such an instance please repackage the sofa securely in the packaging in which it arrived. This does not apply when the incorrect goods have been ordered. In such instances there will be a charge for the collecting of the goods.

 

  7.9 Items 7.1,7.2,7.3,7.4,7.5,7.6 and 7.8 do not apply to overseas sales.


8.  Title and risk
  8.1 Risk of damage to or loss of the Goods shall pass to you upon delivery.
  8.2 Notwithstanding any other provision herein title in the products shall not pass to you until we have received in cash or clear funds payment in full.


9.  Disclaimers
9.1 We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods and Services, at any time and without advance notice.
  9.2 You are advised that Content may include technical inaccuracies or typographical errors or omissions. Any such information shall be subject to correction without any liability on our part.
  9.3 No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of our agents or employees shall be construed to enlarge, vary or override in any way thereof any of these conditions.
  9.4 We give no warranty and make no representation, express or implied, as to:
9.4.1 the adequacy or appropriateness of the Goods and Services for your purpose.
9.4.2 the truth of any information given on Our Web Site;
9.4.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
9.4.4 compatibility of Our Web Site with your equipment software or telecommunications connection.
9.4.5 compliance with any law;
9.4.6 non-infringement of any right.
  9.5 Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
  9.6 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods.
  9.7 In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.


10.  Delivery
  10.1 Once Goods have been signed for upon delivery, we cannot accept any claims for any damage to those Goods.


11.  Content and Intellectual Property Rights
  11.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
  11.2 You agree that the credit charge or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Goods. We reserve the right to obtain validation of your credit charge or debit card details before accepting your order.
  11.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.


12.  Disclaimers
12.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
  12.2 You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so.
  12.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
  12.4 Examples of violations are:
12.4.1 accessing data unlawfully or without consent;
12.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
12.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
12.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
12.4.5 taking any action in order to obtain services to which you are not entitled.
  12.5 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
12.5.1 any violation of system security as set out above;
12.5.2 your use of Our Web Site;
12.5.3 any other breach or violation of this agreement by you;
12.5.4 the infringement by you or by any other user of the services using your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.


13.  Indemnity
  You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.


14.  Contractual Limitation
  Where we provide goods or services without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of any such goods or services.


15.  Rights of third parties
  Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.


16.  Severability
  If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.


17.  No Waiver
 

No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.



18.  Dispute Resolution
  In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.


19.  Force majeure
  We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.


20.  Governing Law
  This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
 
Copyright Andrew Taylor and Net Lawman Ltd 2002. May be reproduced only for the business of a client of Net Lawman Ltd.
 
Intosofa.com  Tel: 01535 604090  Fax: 01535 665666  Email: info@intosofa.com

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