TERMS AND CONDITIONS OF SALE OF Symphony Retail Ltd t/a Old Boot Sofas
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 Symphony Retail Ltd t/a Old Boot Sofas of Peak Village, Chatsworth Rd, Rowsley, Derbyshire. DE4 2JE that owns and operates oldbootsofas.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.oldbootsofas.com.
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.
2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 7 working days.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the ‘checkout’ section. Further information relating to the ordering process is available in the ‘ordering, delivery and returns’ section on the website.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT. The price includes delivery charges unless otherwise stated, please see 7.1.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods.
4.4 Payment of the price inclusive of VAT and delivery charges must be made in full at the time of order and before dispatch of the Goods.
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 8% per annum above the base rate of the Bank of England from time to time in force.
4.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
4.7 When processing payment CCV2/CVC2 verification will be required.
4.8 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 alterations, bespoke or items not available on our website are not applicable for discounts.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6. PRODUCT SPECIFICATIONS
6.1 We reserve the right to amend the specification of Products without prior notice in relation to future sales.
6.2 Old Boot Leather Products are made from natural leather and are finished in such a way that 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 colours can fade with exposure to sunlight and heat.
6.3 We will endeavour to match the colour and texture of any selected fabrics for your sofa or chair but variations in both the colour and texture may occur.
6.4 The measurements of all Products are as accurate as possible, but as these Goods are made by hand, they are nevertheless approximate.
6.5 We cannot guarantee an exact colour match of the finished product ordered with the samples offered or images on the website due to the natural characteristic of the leather and variations of devices and or screens used to view the product.
7.1 All orders for delivery to addresses within mainland UK are delivered free of charge, except to PH, PA, IV, KW and AB postcodes where a charge of £85 will be added.
7.2 Generally, where 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 take payment, not usually exceeding £85.00, for the part delivery
7.3 Goods supplied to mainland UK will normally be delivered from stock within 7-14 days, depending on location, or within the quoted lead time submitted at the acceptance of order for goods manufactured to your specific requirements unless advice of other delivery dates have been advised at the time of order. Please call for availability of stock items.
7.4 Goods supplied outside mainland UK, normally delivered from stock within 7-14 days, or within the quoted lead time submitted at the acceptance of order for goods manufactured to your specific requirements unless advice of other delivery dates have been advised at the time of order. We will deliver free of charge to a nominated mainland UK address e.g. a port. The onward shipping of the goods will be the responsibility of the customer from that point and all goods received at the nominated port must be inspected and signed for by the customer or their representative prior to onward shipping.
7.5 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date.
7.6 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.
7.7 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 Seller and the delivery company will not be liable for any damage to any internal fittings and fixtures, once the goods have entered the Buyer’s address.
7.8 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.
7.9 If you are unable, for whatever reason, to take delivery of your Goods on the confirmed delivery date, we reserve the right to charge you £85 for any subsequent deliveries.
8 CANCELLATION AND RETURN
8.1 The Buyer may cancel the order in writing (via email) for any reason within 28 days*. Any payments made by the Buyer shall be refunded in full within 7-14 working days following collection of Goods. *Please note that bespoke or custom-built goods (for example pieces 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.
8.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller in writing (via 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.
8.3 Where a claim of defect or damage is made the Seller shall be responsible for the recovery of the Goods from the Buyer normally within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) if the Goods are in fact defective.
8.4 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 in writing (via email) within 28 working days of receipt of the Goods unless the item(s) are bespoke or custom-built goods (for example pieces with requested changes in size 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.
8.5 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 remedying such damage.
8.6 Guarantee - Our frames carry a 15 year guarantee against reasonable wear and tear. Guarantees are non transferable.
8.7 The Seller is not responsible for any discolouration or fading of leather or fabric colour as a result of the Goods being placed in direct or indirect sunlight or due to any chemicals applied to the Goods.
8.8 Mattresses can only be returned if they are unopened. Mattresses which have been opened and slept on cannot be returned. If you wish to test a mattress please keep it wrapped until you are sure you want to keep it.
8.9 Outlet Sale Items
8.10 Outlet products purchased online or by phone can be returned in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You may cancel your order for a full refund by informing us within 14 days from the delivery, a collection charge equivalent to the delivery cost will be deducted from the refund, you must allow us access to collect the product within 14 days of cancellation, returned products must be unused and in the same condition as when delivered (any damage will be chargeable).
8.11 Products viewed in person prior to purchase are "sold as seen" and cannot be returned.
9 GUARANTEES AND LIABILITY
9.1 All goods supplied by the Seller come with a guarantee where as should any structural or manufacturing fault occur within the guarantee period specified at the time of sale the Seller will replace or repair (at the Sellers discretion) the Products free of charge subject to the following terms: -
a) Guarantees are restricted to goods located on the UK Mainland
b) Products must be paid for in full in order for the terms of the guarantee to apply
c) Products are guaranteed for normal domestic use, if you wish to use them in a commercial environment please state on order (please note that the term may be reduced and additional terms will apply)
d) Damage caused by the following will invalidate your guarantee:-
i. Mis-use through staining, burns, pet damage, use of harsh cleaning solutions and abrasive materials.
ii. Neglect to follow routine maintenance as highlighted in care guide.
iii. Exposure to direct sunlight which can cause fading to leather and fabrics (please note some fading to leather as it naturally ages is inevitable and is not seen as a fault) .
e) The guarantee term begins from the date of delivery / collection inclusive.
f) The guarantee period specified at time of order will apply; this is dependent on the product type as shown below:
i) Velvet & Leather Sofas & Occasional Chairs are covered by a 15-year guarantee.
iii) Footstools are covered by a 10-year guarantee.
iv) Cubes and pods 2-year guarantee.
v) Any other items not listed are covered by a 1 year guarantee i.e. scatter cushions, etc
g) The guarantee is not transferable and applies only to the Buyer as shown on the original sales order acknowledgement.
h) Products sold via our periodic Outlet Sales are excluded from our usual guarantees and are not covered by any guarantee unless specifically stated on the sales order acknowledgement
9.2 The Buyer shall provide the Seller with any information as is required to assess the claim under the Sellers 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 firstname.lastname@example.org or call 01629 700 580.
9.3 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.
9.4 We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you 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 our reasonable control. Nothing in this Clause affects your Statutory Rights as a Consumer.
9.5 Symphony Retail Ltd t/a Old Boot Sofas 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, Symphony Retail Ltd t/a Old Boot Sofas 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 Symphony Retail Ltd t/a Old Boot Sofas howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
9.6 Neither Symphony Retail Ltd t/a Old Boot Sofas 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.
9.7 Symphony Retail Ltd t/a Old Boot Sofas accepts no liability for any information or content contained in external third party websites which link to or from this Website.
9.8 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.9 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
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.
11 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, lock outs, 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.
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 INSOLVENCY OF BUYER
This clause applies if: The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or an encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or The Buyer, not being a consumer, ceases, or threatens to cease, to carry on business, or The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly. If the Clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Products have been delivered but not paid for the Price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary.
14. CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter 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.
15. GOVERNING LAW 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.