boring but important
We view the best way to avoid disputes is to state the terms and conditions of sale. We are a human company and in the event of any dispute our first desire is to resolve all matters to the satisfaction of all parties.
The definitions and rules of interpretation in this clause apply to this Agreement.
Bespoke: Products that are made up in a fabric of your choice that is not found on our website or subject to any Customisation at your request.
Bill of Lading: a document provided by our delivery contractor headed ‘Bill of Lading’ on delivery of Products.
Clearance Item: a product that is sold at a reduced price to that advertised on our website as a direct consequence of showroom or warehouse clearance.
Customisation: the alteration of any dimensions, cushion fillings or stitching away from what is stated on our website.
Delivery Area: includes selected zip codes within 100 miles of New York City.
Domestic Purposes: any use at a residential home and not used in connection with the running of any business.
Product(s): any sofas, armchairs, beds, footstools, cushions or mattresses that are advertised on our website
Sales Order: a document provided by us headed ‘Sales Order’ on placing an order.
Standard Range: any Products that are listed on our website.
2.1 These Terms and Conditions apply to all consumer contracts between Sofa.com US Inc. (‘us/we/our’) and the Customer (‘you/your’) in relation to all sales of Products and services.
2.2 Any order placed with us is not accepted until we have sent a Sales Order confirmation to you via e-mail.
2.3 Any typographical, clerical or other error or omission in any sales literature, quotation, pricelist, acceptance of offer, invoice or other document issued by us will be subject to correction without any liability on our part.
3. Product Specifications
3.1 We have a policy of continuous Product development and reserve the right to amend the specification of Products without prior notice in relation to future sales.
3.2 Products supplied may differ as a consequence from those on display or advertised. Unless agreed with you, the Products supplied will be of equivalent value, functionality and appearance. Any significant variations will be highlighted on the display model.
3.3 Leather Products are made from quality natural leather and accordingly they may not be uniform in colour or texture. Only the finest hides are selected but they will show natural marks and scars on the hide. Some leathers will mellow with age and exposure to sunlight and heat.
3.4 We will endeavour to match the colour and texture of the fabric of your sofa to the samples chosen as accurately as possible, but variations in both the colour and texture may occur.
The measurements of all Products made by us will be as accurate as possible, but are nevertheless approximate.
All prices are quoted before sales tax, where appropriate, at the prevailing rate and are subject to any promotional offer or discount.
6.1 We require payment in full before despatch of Products.
6.2 We will contact you as soon as possible to advise you of your estimated delivery date and at this time the balance of any monies due will be payable. Only once we have received the balance of any monies due in cleared funds, will we be able to confirm your actual delivery date.
7.1 For all purchases we will contact you to arrange a delivery date when the furniture has been confirmed for reception into our warehouse, if it is not already in stock.
7.2 We will deliver your Products to any Delivery Area address. Relevant charges will vary, but will be indicated when you place your order.
7.3 If you are unable, for whatever reason, to take delivery of your Products on the confirmed delivery date, we will charge you 10% of the value of your order for any subsequent deliveries.
7.4 If we accidentally damage the Products in the course of delivery, then our liability for that damage is limited to the repair, refund or replacement of the Products or the value thereof.
7.5 Time of delivery is not of the essence in this Agreement. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any reasonable delay or delay due to unforeseen circumstances outside of the reasonable control of Sofa.com or delay due to any reasonable rescheduling of delivery.
7.6 In the event that you would like to have the Products delivered to a location outside of the Delivery Area we can deliver to any port or storage facility in the Delivery Area if you arrange for the onward shipping. It is your responsibility to check the condition of the Products at the location where we deliver (this can either be you personally, a representative of the shipping company, a relative or an employee of yours). Liability for the Products becomes yours when the Bill of Lading is signed either by you or your agent.
8. Returns and Refunds
8.1 If you have ordered from our Standard Range then, subject to clause 8.2 and clause 8.3, you have the right to cancel your order either before delivery, or within 14 days of delivery. If you wish to make a return we will refund all delivery charges.
8.2 Products must be returned to us in a saleable condition and we reserve the right to make reasonable deductions from the amount refunded to you if there are signs of wear and/or damage to the Products.
8.3 Mattresses must be returned unused and still in their original packaging.
8.3 Any order for Bespoke Products may not be cancelled by you, either before or after delivery. We have no obligation to take back these Products, though may do so with the incurrence of a 35% restocking fee. This is entirely at our discretion.
8.4 In the circumstance where a customer has ordered different cushion fillings due to a proven allergy, these products may be cancelled or returned within 14 days of delivery and clause 8.2 does not apply.
8.5 In the event that you order Products and you arrange for the Products to be shipped to a location outside of the Delivery Area clause 8.1 is modified to the extent as set out below. You still have the right to return the Products but it is your responsibility to arrange for the Products to be shipped back to the Delivery Area. We will collect the Products from any address in the Delivery Area (maybe a relative’s house or a shipping and storage facility, unfortunately we cannot wait at a port or storage facility to collect the Products direct from any vessel).
8.6 If you decide to use the modified returns policy in clause 8.5 then liability for the condition of the Products remains yours until we collect the Products.
8.7 There is no automatic right of return for any Clearance Item purchased and they are sold as seen.
9. Limited Warranty; Limitation of Liability
9.1 All furniture carries a 5-year frame and construction warranty against faulty workmanship and/or faulty materials. Cushion fillings and coverings are guaranteed for one year from the date of delivery. In the event of a claim under this warranty, please contact us by phone, at 855-500-7632, or by e-mail at firstname.lastname@example.org.
9.2 Warranties may not be assigned to a third party.
9.3 These warranties do not cover fair wear and tear, neglect, abuse or misuse of your Products, loss or damage (including rusting and corrosion) due to unreasonable exposure to water or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, or theft, or accidental damage or loss caused by a third party. Our warranties are limited to Products sold and retained within Delivery Area , and used solely for Domestic Purposes.
9.4 Your sole and exclusive remedy and the entire liability of us and our suppliers under this limited warranty will be, at our option, (1) to repair or replace the defective Product if the Product is returned to the us, freight and insurance prepaid by you, or (2) shipment of an advance replacement within fifteen (15) working days at our expense, or (3) a refund of the purchase price for the Product if the Product is returned to us, freight and insurance prepaid by you.
9.5 WE (AND OUR AFFILIATES AND SUPPLIERS) SHALL HAVE NO LIABILITY TO YOU FOR ANY CLAIM, LOSS OR DAMAGE WHETHER FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY OTHER INDIRECT DAMAGES, CAUSED OR ALLEGED TO BE CAUSED DIRECTLY, INDIRECTLY, INCIDENTALLY OR CONSEQUENTIALLY BY THE PRODUCTS, BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN, BY ANY INCIDENT WHATSOEVER IN CONNECTION THEREWITH, WHETHER ARISING IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE OR OUR AFFILIATES OR SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY CONTAINED HEREINABOVE. WE (AND OUR AFFILIATES AND SUPPLIERS) MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, AND WE (AND OUR AFFILIATES AND SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9.6 MAXIMUM LIABILITY. YOU AGREE THAT, IN ANY EVENT ALL LIABILITY OF OURS AND OUR AFFILIATES AND SUPPLIERS UNDER THIS AGREEMENT OR OTHERWISE SHALL BE LIMITED TO THE MONEY PAID TO US FOR THE PRODUCT PURCHASED UNDER THIS AGREEMENT, WHICH PRODUCT WAS THE SOLE AND DIRECT CAUSE OF THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY.
10.1 Fabric batches may vary. All our fabrics are created from natural materials, and thus, unlike manmade products, there can be slight variations between batches. The most common variation is that of colour – though the actual variation is often almost negligible or very slight. Some fabrics are more susceptible to this than others (the main culprits being Natural Flax and White Sand Linen and Espresso Brushed linen Cotton).
10.2 Whilst we guarantee to make all your order from the same batch, we cannot guarantee that subsequent orders will match your original order.
10.3 We cannot accept any responsibility for fading or discolouration, due to exposure to direct or indirect sunlight. Sunlight affects different fabrics in different ways, but sunlight, whether direct or indirect, will nevertheless always affect fabric colour. Darker fabrics, because they have further to fall, are likely to discolour and fade more. Different fabrics, dark or light are liable to fade or discolour at different rates.
10.4 We cannot accept any responsibility for fading or discolouration, due to exposure or contact with any chemicals sprayed nearby or applied directly. Please also note that there are certain aerosol sprays, most particularly odour neutralisers and nicotine neutralisers that contain certain chemicals that can react with fabric dyes (the cans should warn against spraying close to upholstery without first covering it).
10.5 We recommend that you dry clean sofa covers.
11. Other Services
Furniture Protection Details of our furniture protection scheme are available on request. Separate terms and conditions apply.
12. Internet Purchases
12.1 We endeavour to display as accurately as possible the colours of our products that appear on the website. However we cannot guarantee that your monitor will accurately reflect the colour of the product delivered.
12.2 The contract shall not be concluded until we have received your valid credit card charge or debit card payment details and we have accepted the order by way of a confirmation by return e-mail to the address you have given us during the registering procedure and on ordering.
12.3 Every effort is made to ensure the complete accuracy of our website however some prices/details may change from time to time and it is possible that errors may occur. We will endeavour to rectify any errors as swiftly as possible but we cannot be responsible for any losses incurred.
12.4 We are entitled to refuse any order placed by you.
12.5 To the maximum extent permissible by law, we exclude all warranties, expressed or implied as to the accuracy of the information contained in any of the materials on the website. We cannot accept any liability for any particular material on the website or as a result of any use or reliance placed upon information contained on the website.
12.6 Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk. You will be solely responsible for any damage to your own computer systems or loss of data that results from the download of such materials.
13. Applicable Law
These Terms and Conditions are governed by and are to be construed in accordance with the laws of the State of New York as if fully performed therein
14. Force Majeure
If we are unable to deliver the Products due to an act of God, earthquake, labor disputes, shortages of supplies, riots, fire, war, epidemics, or delays of common carriers or other circumstances beyond our control we shall not be liable for such failure. If such disability prevents or interferes with the shipment of the Products by the carrier that we would ordinarily have used, we will have no obligation to undertake shipment by a more costly carrier unless you advise us that you will assume the additional costs.
15. Acknowledgement of Receipt
Both parties acknowledge and agree that a duly executed copy of the Agreement transmitted by electronic communication shall be conclusively considered to be valid and binding as if it were the original document, and the electronic copy will be sufficient and valid proof that an agreement has been entered into between the parties.
This Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof and supersedes all other prior agreements, both written and oral. This Agreement may be amended only by a written instrument duly executed by you and us.
We understand that many people still worry about submitting personal details on the Internet – especially their credit/debit card numbers. So we’d like to reassure you that any information you provide here will remain safe and secure.
In a few areas of our website we will ask you to provide personal details such as your name and email address. This will only happen when it enables us to provide a better service to you. For example: for your personal order history on our feedback forms.
We do not sell, trade or rent your information to others. You can be sure it will remain confidential and will be used only to help us build a better relationship with you.
Our safe shopping guarantee
Whenever you provide us with personal information, we offer the use of a secure server. The information you send us regarding your purchase will be encrypted. This makes it extremely difficult to read even if it is wrongly intercepted.
Still prefer not to order via the Internet?
If you would prefer to order by phone, please feel free to call us on 855-500-7632.