Policies

Please read all these terms and conditions. As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on +44 7538 362425.

Application

These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are The Sofa Emporium LTD a company registered in England and Wales with email address contact. sales@thesofaemporium.com;   telephone number +44 7538 362425;   (the Supplier or us or we).

These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions.  You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

Contract means the legally binding agreement between you and us for the supply of the Goods;

Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

Durable Medium means paper email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the information, and allows the unchanged reproduction of the information stored;

Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

Order means the Customer's order for the Goods from the Supplier as submitted following the step-by-step process set out on the Website;

Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

Website means our website thesofaemporium.com on which the Goods are advertised.

Goods

The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate. All Goods which appear on the Website are subject to availability.

We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information

We retain and use all information strictly under the Privacy Policy.

We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

The description of the Goods on our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract through an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

Any quotation is valid for a maximum period of 7  days from its date unless we expressly withdraw it at an earlier time.

No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and Payment

The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

Prices and charges include VAT at the rate applicable at the time of the Order.

You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 60 days after the day on which the Contract is entered into.

In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if: a) we have refused to deliver the Goods; or

b) after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. 

If the Goods have been delivered, you must return them to us or allow us to collect them from you. The arrangement of the return and all costs associated with it are covered by the Customer. The Sofa Emporium LTD can offer a return collection service for a fixed price of £80.00 (including VAT).

If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

We do not generally deliver to addresses outside England, Wales, and Scotland. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal, returns and cancellation

You can withdraw the Order by telling us before the Contract is made if you simply wish to change your mind without giving us a reason, and without incurring any liability.

This is a distance contract(as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:

a) goods that are made to your specifications or are personalised.

Right to cancel

Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time, the right to cancel will be 14 days after the first delivery.

To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website thesofaemporium.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

Except as set out below, if you cancel this Contract, we will reimburse you all payments received from you, including the costs of delivery.

Deduction for Goods supplied

We may make a deduction from the reimbursement for loss in value of any Goods supplied if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

We will make the reimbursement without undue delay, and not later than:

a) 14 days after the day we receive back from you any Goods supplied, or

b) (if earlier) 14 days after the day you provide evidence that you have sent back the Goods

. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

For these Cancellation Rights, these words have the following meanings:

a) distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

b) a sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity and Guarantee

We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

Upon delivery, the Goods will:

a) be of satisfactory quality;

b) be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

c) conform to their description.

It is not a failure to conform if the failure has its origin in your materials.

We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. The manufacturer provides a year-long warranty for all of its products, applicable from the first day of delivery. Warranty does not reduce your legal rights.

Successors and our sub-contractors

Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

In the event of any failure by a party because of something beyond its reasonable control:

a) the party will advise the other party as soon as reasonably practicable; and

b) the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

Privacy

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation concerning your personal information.

These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://thesofaemporium.com/policies/#privacy-policy).

For these Terms and Conditions:

a) 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.

b) 'GDPR' means the General Data Protection Regulation (EU) 2016/679.

c) 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

We are a Data Controller of the Personal Data we Process in providing Goods to you.

Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

a) before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

b) we will only Process Personal Data for the purposes identified;

c) we will respect your rights concerning your Personal Data; and

d) we will implement technical and organisational measures to ensure your Personal Data is secure.

For any enquiries or complaints regarding data privacy, you can e-mail sales@thesofaemporium.com.

Excluding liability

The Supplier does not exclude liability for:

(i) any fraudulent act or omission; or

(ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations.

Subject to this, the Supplier is not liable for

(i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or

(ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

The Contract (including any non-contractual matters) is governed by the law of England and Wales.

Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland, in the courts of Scotland.

We try to avoid any dispute, so we deal with complaints in the following way: If you are unsatisfied with the goods and services we have provided, please forward your complaint to the following email address: sales@sofa-place.co.uk. We will aim to respond with an appropriate solution within 5 working days.

Model cancellation Form

Email address: contact. sales@thesofaemporium.com

Telephone number: +44 7538 362425

I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)

Name of consumer(s):

Address of consumer(s): Signature of consumer(s) (only if this form is notified on paper) Date [*] Delete as appropriate.

This Privacy Policy is compliant with EU General Data Protection Regulation (GDPR), and UK Data Protection Act 2018 which came into force on 25th May 2018. These regulations help to increase the standards for personal data protection for all of the users of internet, and how your data is being used by various internet services. 

This Privacy Policy sets out how The Sofa Emporium uses, and protects any information that you give us when you use our website. The Sofa Emporium is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. The Sofa Emporium may change this policy from time to time, in the events of new legal regulations to be implemented, or if we change the ways we use Your data (adding new website features, by instance). We will always make an attempt to contact You, and inform You in the event when we will add any extra features which require using your personal data, to approve your consent for these actions. You should check this page from time to time to ensure that you are happy with any changes. You will always have an opportunity to resign from Your consent and ask us for personal data deletion or correction at any time. This will be possible to complete through one of provided Company’s contact details at the very end of this policy.

WHAT DO WE COLLECT FROM YOU

We may collect the following information:

- name;

- contact details, such as telephone number, and email address;

- home address.

These primary information are necessary to form a contractual agreement in terms of sale of our product and provision of our services between The Sofa Emporium Ltd and You. 

WHAT WE DO WITH THE INFORMATION WE GATHER

We require this primary information from You to:

- start processing your order, 

- be able to get in touch with You, to keep You updated with order process, 

- contact You to set the delivery date,

- be able to deliver our product to your facilities,

- periodically send promotional emails about new products, special offers or other information which we think You may find interesting using the email address You have provided.

You can always opt-out from receiving marketing content from us, and we will remove your email address from our email database for marketing purposes. You can do that by contacting us on provided Company’s contact details at the beginning of this policy.

WHAT OTHER RIGHT DO YOU HAVE?

You have the right to ask us for a copy of your personal data; to correct, delete or restrict processing of your personal data; and to obtain the personal data you provide in a structured, machine readable format. In addition, you can object to the processing of your personal data in some circumstances. Where we have asked for your consent, you may withdraw consent at any time. If you ask to withdraw your consent to us processing your data, this will not affect any processing which has already taken place at that time.

HOW LONG DO WE KEEP YOUR DATA FOR?

When You decide on purchasing one of our products, and provide us with necessary information to process your order, we will keep this information for a period of 12 months. This is the minimum time for us to keep Your personal information, due to the guarantee period held for our products, for this particular amount of time. After period of 12 months, You data is being securely archived on our servers and marked as ‘complete’ status, as the sale was completed and guarantee has ended. We may still hold your email address in our marketing database server after that time, due to the server being individual client contact list for marketing purposes only. You may always opt-out to delete your personal data from our archive server, as well as from the marketing purposes one. 

LINKS TO OTHER WEBSITES

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

HOW TO CONTACT US

Thank you for reading our Privacy Policy. If You have any questions about this Policy, please contact us on provided contact details:

The Sofa Emporium Ltd

Huddersfield, UK

Telephone number:

07538 362425

E-mail address:

sales@thesofaemporium.com

Company’s business hours:

Mon. - Fri.: 9:00 - 17:00

Sat.: 9:00 - 14:00

Sun.: Closed

The Sofa Emporium is the data controller for the purposes of the personal data processed under this Policy.

We hope You will enjoy our products and services!

Processing your order and delivery dates

PLEASE TAKE NOTE AND ALLOW 2 WEEKS FOR YOUR ORDER TO BE DELIVERED.

You will be informed of the approximate length of time until delivery at the point of order. When that date approaches, we will contact you to confirm definite arrangements for the date of delivery 2-3 days before. Every effort is made to see that the approximate delivery date is accurate, however, on rare occasions the manufacturer may be delayed due circumstances beyond our control. We will, of course, make every effort to keep you informed. Always provide the best number to contact you directly on, as we provide it to our delivery team for them to be able to contact you when they are approaching your location.

On the day of delivery, please ensure that the delivery team can access the room that the furniture is going into. Please make sure that the area you want the furniture placed is cleared. Our delivery team will unpack your furniture, install it in the room of your choice, and if you wish we will remove all packaging materials from your home and recycle them wherever possible. Unfortunately, we are not able to take away your old furniture.

The customer is responsible for making the room of his choice as accessible for the delivery team as possible, as the delivery team will not be held accountable for any damages caused to the property.

If we are not able to deliver your item due to the product’s dimensions or lack of access, the fee for unsuccessful delivery will apply which is £80 (incl. VAT). In case of payment upon delivery you are obligated to make sure you will be able to pay the designated amount of money in cash or card (if agreed for card payment), otherwise, the driver is not obligated to wait for payment longer that 15 minutes and he has got the rights to return the item to our warehouse. In this case the customer is charged £80 (incl. VAT) for unsuccessful delivery.

After the item has been delivered the customer becomes responsible for delivered products. You have to examine all products upon receipt and inform us about any deficiencies or visible damages. Please inform the driver and he will make a note in delivery documents. Damaged or defective product will be repaired or replaced on our cost.

Outstanding balances

Before we sign-off a confirmation of delivery with you, you must have settled any outstanding balances with us either before the arranged delivery date, on upon delivery if paying by cash or card. In some destinations, we are unable to take card payments on delivery, as we may outsource the delivery service to a third-party company, and only cash will be accepted in this case, if acknowledged and confirmed by us.

The cancellation and returns policy set-out below applies only to goods purchased online or over the phone. If you have a query relating to an order that was placed in-store, please contact the store from which you have made the purchase – contact details can be found on the following page: https://thesofaemporium.com/contact/.

Cancellation of an Order Prior to Delivery

You may cancel your order with The Sofa Emporium at any time prior to delivery for a regular stock item. All products listed on our website www.thesofaemporium.com  are treated as a ‘regular stock items’ in standard, but any alteration of the product requested by a customer (such as different fabric colour, or different fabric material etc.) will result in a product being treated as a ‘special order’. To process with a cancellation for a ‘regular stock item’, please contact us by email directly at sales@thesofaemporium.com

Once we provide a receipt of your cancellation, we will process a full refund using the same method as your original payment.

‘Special order’ Cancellation Prior to Delivery

If the item you have ordered is treated as a ‘special order’, we will usually ask you to place a fixed sum deposit of a £100 (incl. VAT) to secure the commission charges incurred by us when placing your ‘special order’ with the manufacturer. Unless we receive your written notification to cancel the order within 7 working days from the time of you receiving an order confirmation from us, we will not be able to process the refund of deposit after this period.

Cancellation of an Order after Delivery

Whether you have placed an order for our ‘regular stock’ items through our website or over the telephone conversation, you have 14 days from receipt of your furniture in which to advise us in writing that you do not want to keep the goods. To cancel this type of order, you need to either contact us by;

Email directly at; sales@thesofaemporium.com

Once we provide a receipt of your cancellation, please follow these simple steps to make the process as smooth as possible:

The furniture should be returned in the condition in which it was received. Should there be any signs of damage or misuse, we will not be able to refund the goods in full.

The original packaging for all items must be retained and the goods must be returned in their original wrapping, unless the delivery and assembly team was advised to collect the original packaging upon delivery.

Please have the furniture available for collection within 7 days of the original delivery date. We sometimes arrange collections at short notice.

We will refund to you all amounts paid by you for the goods in question, less the cost of collection of the goods, which is £80 (incl. VAT). If you decide to arrange the return by your own means, you will be refunded the full amount of purchase.

Items which are supplied flat packed will only be accepted where assembly has not been attempted.

Once the goods are back at our distribution centre and have been inspected, we will confirm the refund amount due and make the refund payment within 7 days using the original payment method. Original cancellation and refund receipt will be forwarded to you respectively by post or e-mail. Please note for card refunds it can take up to 7 working days for your account provided to re-credit you with the amount due, from the date that we have processed the repayment.

‘Special order’ Cancellation After Delivery

You do not have the right to cancel an order by giving notice of cancellation pursuant to section 28(1)(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 in respect of the supply of product(s) made to your specifications which by reason of their nature cannot be returned, unless they are defective.