We've tried to make our order, payment and delivery process as simple as possible. We advise customers to carefully read our Terms & Conditions prior to ordering to avoid any inconvenience.
1 DEFINITION
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller
1.2 "Consumer" shall have the meaning as described in section 12 of the Unfair Contract Terms Act 1977
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Simply Chesterfields Limited of The Stables, 23b Lenten Street, Alton, Hampshire, GU34 1HG that owns and operates the website www.leatherwingchairs.com
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.
1.7 "Website" means – www.leatherwingchairs.com
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 PRICE
3.1 The prices of the Products are quoted on the Website.
3.2 The price is inclusive of VAT and includes delivery charges unless otherwise stated.
3.3 The total purchase price, including VAT will be displayed in the Buyer’s shopping cart before confirming the order. Additional delivery charges may be applicable see Section 7 below.
3.4 After the order is received the Seller shall confirm by email the details, description, and price for the Goods.
4 PAYMENT
4.1 Payment of the price inclusive of VAT and delivery charges must be made in full at the time of order and/or before dispatch of the Goods.
4.2 When a deposit has been agreed upon before placing an order, payment of the agreed deposit as shown on the confirmation of the order, must have been received in cleared funds before the manufacture of the Goods.
4.3 For bespoke orders a 50% non-refundable deposit is required. The balance payment must be made in full 7 days before delivery.
4.4 Orders must be paid in full before delivery. Our delivery teams can’t take payments.
4.5 The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 5% per annum above the current base rate of the Bank of England.
4.6 Title in the Goods shall not pass to the Buyer until the price has been paid in full.
4.7 Discounts offered can only be honoured on a per order and delivery address basis, one discount per order or delivery address. Only items offered on our website are subject to offers or discount codes. Any bespoke, alterations or items not available on our website are not valid for discounts.
5 RIGHTS OF SELLER
5.1 The Seller shall make every effort to ensure prices are correct when the Buyer places an order.
5.2 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time.
5.3 The Seller reserves the right to withdraw any Goods from the Website at any time.
5.4 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
5.5 The Seller reserves the right to decline all or part of any Order for any reason. This might be because for example, the Goods are no longer available or because of a pricing error on the Website. If an order is declined in full or in part, the Seller will contact the Buyer with additional information and the order will not be processed. A full refund will be made within 7 days.
6 PRODUCT SPECIFICATIONS
6.1 The published measurements of all Products are as accurate as possible, but as these Goods are made by hand, they are nevertheless approximate, please allow a 4cm or 4% tolerance, whichever is greater.
6.2 The Seller's Leather Products are made from 100% natural leather and are hand-finished in such a way that they may not be uniform in colour or texture. Each hide will have its own individual characteristics and natural marks. Differences in the grain, texture and colour may be apparent from one hide to another and even within the same hide. Only the finest hides are selected but some marking is inevitable and should be accepted as part of the individual appearance of leather furniture. Some leathers will mellow with age and colours can fade with exposure to heat and sunlight.
6.3 The Seller will endeavour to match the colour and texture of any selected leathers or fabrics for your Product but variations in both the colour and texture may occur.
6.4 The Seller cannot guarantee an exact colour match of the finished product ordered with the samples offered or images on the website due to the natural characteristics of the leather and the variations of devices and/or screens used to view the product.
6.5 All items within an order are made from the same batch of fabric or leather to ensure colour match, however, batches may vary, and we cannot guarantee a colour match or the future supply of materials for items ordered at different times.
6.6 A reduction in the firmness of fillers and the movement of pleats is to be expected and therefore not considered a fault.
6.7 We reserve the right to amend the specification of Products without prior notice in relation to future sales.
6.8 Products intended solely for normal domestic use only.
7 DELIVERY
7.1 Goods supplied to mainland UK will normally be delivered within the quoted lead time submitted when the order is placed unless other delivery dates have been advised at the time of processing an order. As all our Products are made by hand to order, delivery dates are subject to change depending on current circumstances and production flow. The buyer will be notified in writing via email of any changes to the delivery date.
7.2 Goods supplied outside the mainland UK will normally be delivered within the quoted lead time submitted when the order is placed unless other delivery dates have been advised at the time of processing an order. The Seller will deliver free to a nominated mainland UK address e.g. a port. Onward shipping from that point is the responsibility of the Buyer and all goods received at the nominated port must be inspected and signed for at that point before shipping. The Buyer is responsible for the Goods as soon as they are delivered and checked. Delivery dates are subject to change depending on current circumstances and production flow. The buyer will be notified in writing via email of any changes to the date of delivery.
7.3 Where a specific delivery date has been agreed upon, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree to a new delivery date.
7.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.5 It is the Buyer’s responsibility to advise the Seller of any difficulties that may be encountered when delivering to the given delivery address. Any costs incurred affecting delivery will not be the responsibility of the Seller i.e. window and door removal etc. The Seller is only responsible for delivery to the Buyer's front door. The Buyer is responsible once the goods have entered the Buyer’s address.
7.6 Dimensions of Goods quoted in all published formats are a guide only. There can be slight variations in the dimensions of the finished Goods due to the handmade nature of the Goods. If you are in any doubt as to whether access is going to be sufficient contact us with your concerns before ordering.
7.7 If Goods are delivered without prior notice of any restrictions or hindrances and it is found that they will not go into the property then an additional delivery charge will be made for the re-delivery.
7.8 If, for any reason, the Goods cannot be delivered due to access problems, or delivery appointments missed, the Goods will remain the property of the Buyer, any further attempts to deliver may incur a delivery charge.
7.9 The Goods will be delivered to the room that you have selected. Clear and safe access should be provided from the outside of the property and into the room before the delivery team’s arrival. The room of choice must be accessible to a two-man delivery team without the need for mechanical lifting equipment. All items of furniture, ornaments, pictures etc. that could restrict the delivery process should be removed, ensuring clear and safe access.
7.10 Floor coverings should be protected before the delivery where necessary to withstand use by outdoor footwear. Health and safety regulations dictate that the delivery team must always wear the appropriate footwear.
7.11 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The Buyer will be liable for any damage, either to the Goods or to any internal fittings and fixtures, once the goods have entered the Buyer’s address.
7.12 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
7.13 If the Buyer is unable, for whatever reason, to take delivery of the Goods on the confirmed delivery date, the Seller reserve the right to charge £200 for any subsequent deliveries.
7.14 The Seller reserves the right to charge a storage fee at the rate of £40 per item per week if a delivery has failed due to the fault of the Buyer and/or if the Buyer is unable to take delivery after 20 working days from the date of notification that Goods are available for Delivery.
7.15 Generally, when an order contains more than one item, all items will be delivered at the same time, once all items are available. Should the Buyer request a part delivery, the Seller reserves the right to charge for any part delivery.
7.16 All orders for delivery to addresses within mainland GB are delivered free of charge, except to Isle of Wight, BT, EX39, GY, HS, IM, IV, JE, KA2, KA7, KA8, KW, PA, PH, PL, PO11, PO3, TR, TQ and ZE postcode areas where there will be a small additional charge which will be advised before order processing. Non-mainland deliveries and addresses within the postcode range above will be priced at cost and agreed upon between the seller and buyer in writing via email.
7.17 All goods must be checked and signed for by an adult aged 18 years or over on delivery.
7.18 Any issues must be highlighted upon receipt of Goods with the delivery team.
7.19 Any additional delivery or storage charges must be paid in full before delivery or redelivery of Goods.
8 CANCELLATIONS, RETURNS & REFUNDS
8.1 The Buyer may cancel an order, for any reason, up to the point of dispatch and any payments made by the Buyer will be refunded in full within 14 working days.
8.2 Bespoke or custom-built goods, for example, items with requested changes in size and non-standard leathers or fabrics, are not eligible for cancellation after the initial deposit payment is made and cannot be returned after delivery.
8.3 Any payments made by the Buyer shall be refunded in full within 21 days following the collection of Goods, subject to the conditions herein.
8.4 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller in writing or by email within 28 days if, for whatever reason, the Goods are not satisfactory or do not comply with any of the Contract. If the Buyer fails to do so, the Buyer shall be deemed to have accepted the Goods.
8.5 Where a claim of defect or damage is made, the Seller shall be responsible for the recovery of the Goods from the Buyer within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) if the Goods are found to be defective after examination by the Seller.
8.6 If you are a Consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller within 28 working days of receipt of the Goods. If the item or items are bespoke or custom-built goods, for example, pieces with requested size changes and non-standard leathers or fabrics, these are not eligible for cancellation after the initial deposit payment is made and cannot be returned after delivery.
8.7 All Goods must be returned in the condition they were delivered. Where returned Goods are found to be damaged due to the Buyer’s fault, the Buyer will be liable for the cost of repairing such damage.
8.8 Original or equivalent packaging must be in place before arranging collection. Our delivery team reserve the right to refuse collection if packaging standards are not met.
8.9 The Goods to be returned must be accessible to the delivery team. The Seller will not be liable for costs incurred where normal access was not possible or granted.
8.10 The Buyer must allow the Seller access to collect the goods within 14 days of cancellation.
8.11 Scottish Highlands and Islands, Ireland, European and International deliveries can only be collected from the UK mainland postcode originally delivered to.
8.12 Goods being returned within the following areas Isle of Wight, BT, EX39, GY, HS, IM, IV, JE, KA2, KA7, KA8, KW, PA, PH, PL, PO11, PO3, TR, TQ and ZE postcodes will be subject to a collection charge of £280.00.
8.13 If an order for bespoke or custom-built goods, for example, items with requested changes in size and non-standard leathers or fabrics is cancelled before delivery, the Seller reserves the right to withhold some, or all monies already paid to cover any costs incurred up to the point of cancellation.
8.14 Removable seat or back cushions may be exchanged at the cost of the Buyer within the first 90 days of the goods being received and must be confirmed in writing between the Buyer and Seller via email. Only removable cushions with removable covers can be exchanged. Cushions integral or built into the Goods can not be replaced or exchanged. Cushions for Bespoke Goods can not be replaced or exchanged.
8.15 Any costs attributable to the Buyer will be deducted from the full refunded amount.
8.16 Samples made for photography offered for sale or clearance items are sold as seen and cannot be returned.
9 GUARANTEES & LIABILITY
9.1 All goods supplied by the Seller come with a guarantee that should any structural or manufacturing fault occur within the guarantee period specified in clause 9.2, the Seller will replace or repair (at the Seller's discretion) the Products free of charge.
9.2 Velvet and Leather Chairs are covered by a 10-year guarantee and Footstools are covered by a 5-year guarantee. Internal hardwood frames are covered by a 25-year guarantee against reasonable wear and tear.
9.3 The guarantee term begins from the date of delivery or collection and is not transferable and only applies to the Buyer as shown on the original sales order acknowledgement.
9.4 For the terms of the guarantee to apply, Goods must be paid for in full and located on the UK Mainland.
9.5 Products are guaranteed for normal domestic use only.
9.6 Studs, castors, buttons and general wear and tear of upholstery are not covered.
9.7 Damage caused by the following is not covered by the guarantee:
- Misuse through staining, burns, pet damage and any other damage caused by misuse.
- The use of harsh cleaning solutions and abrasive materials.
- Neglect to follow routine maintenance as highlighted in the ‘After Care’ section on the website. (Link: pages/after-care)
9.8 The Seller is not responsible for any discolouration or fading of leather or fabric colour because of the Goods being placed in direct or indirect sunlight or due to any chemicals applied to the Goods (please note, some fading to leather as it naturally ages is inevitable and is not seen as a fault).
9.9 The Buyer must provide the Seller with any information as is required to assess the claim under the Seller's guarantee terms. This may include providing photographic evidence. In the event of a claim, the Buyer shall first contact the Seller’s Customer Support Team. Please contact help@leatherwingchairs.com or call 0800 612 5805
9.10 Except where the Buyer acts as a Consumer all other warranties, Conditions and Terms relating to fitness for purpose, satisfactory quality or condition of the Products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
9.11 The Seller will not be liable for any indirect or consequential loss or damage arising out of any problem the Buyer notifies the Seller of and will have no liability to the Buyer for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond the Seller’s reasonable control. Nothing in this Clause affects your Statutory Rights as a Consumer.
9.12 The Seller is providing this Website on an "as is" basis and makes no representations or warranties of any kind, whether express or implied, in relation to this Website or its contents and disclaims all such representations and warranties. In addition, the Seller makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information on this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of the Seller howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
9.13 Neither the Seller nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
9.14 The Seller accepts no liability for any information or content contained in external third-party websites which link to or from this Website.
10 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lockouts, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
11 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13 CHANGES TO TERMS & CONDITIONS
The Seller is entitled to revise and amend these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14 PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy.
15 GOVERNING LAWS AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
