Terms and Conditions

Here’s our small print, we have tried to keep it as short as possible. These are the terms on which we supply products to you, so it’s important you read them before ordering. They tell you who we are, how we’ll provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. In the unlikely event of a dispute our intention is to resolve all matters to the satisfaction of all parties and we’ll do our absolute best not to make reference to this legal stuff unless we have to.

1. OUR COMPANY

1.1 The Have a Heart Foundation (Furniture) Limited is registered in England and Wales under company number 0866926 and charity number 1155135.

2. HOW THE CONTRACT IS FORMED BETWEEN US

2.1 After placing an order, you will receive an email from us confirming that your order has been accepted (Order Confirmation). The contract between us (Contract) will only be formed when we send you this Order Confirmation.

2.2 The Contract will relate only to those products whose order we have confirmed in the Order Confirmation (Products). We will not be obliged to supply any other products which may have been part of your order until the order of such products has been confirmed in a separate Order Confirmation.

2.3 We will assign an order number to your order and tell you what it is in the Order Confirmation. It will help us if you tell us the order number whenever you contact us about your order.

2.4 Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK. Please note that some remote parts of the UK may incur a different delivery charge.

3. PRODUCTS & SERVICES

3.1 All descriptions of the products on our website are correct at the time of publication. Our policy of continuous product development means we reserve the right to amend the specification of products without prior notice in relation to future sales.

3.2 The measurements of the products are as accurate as possible, but are nevertheless approximate. Images of the products on our website are for illustrative purposes only and, although we have made every effort to show the colours as accurately as possible, we cannot guarantee that the colours shown accurately reflect the colour of the products.

3.3 We will endeavour to match the colour and texture of the fabric of your product to the samples chosen as accurately as possible, but variations in both the colour and texture may occur.

3.4 Leather products are made from high quality natural leather and accordingly the colour and texture may not be uniform. 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.

3.5 It is your responsibility to check that all the details on the order form are correct, including the exact specifications of the products and delivery details.

3.6 Our products are intended solely for domestic use in the UK and we give no guarantees or undertakings in respect of the use of our products for commercial purposes. By agreeing to these terms and conditions, you agree that we are in no way responsible for any non-domestic or commercial use of our products and that you have no rights to cancel this purchase if you are purchasing the Product in a business capacity.

3.7 Product lead times and delivery dates provided on the website and subsequently communicated in any form are estimates and cannot be guaranteed.

4. PRICING

4.1 The price of any Products will be as quoted on our website or, where we have sent you a time-limited promotional offer and you order within that time limit, at the promotional price, in each case except in cases of obvious error. These prices include VAT at the prevailing rate.

4.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

4.3 Our website contains a large number of configurable products and options and it is possible that, despite our best efforts, some of the products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our website; we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

4.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a pricing error.

4.5 If the rate of VAT changes between your order date and the date we supply the Product(s), we reserve the right to adjust and increase the rate of VAT that you pay (in the event the UK Government has announced an increase to the rate of VAT), unless you have already paid for the Product(s) in full before the change in the rate of VAT takes effect.

5. PAYMENT

5.1 We accept payment by Visa and MasterCard.

5.2 If you choose to pay a deposit by credit or debit card when you place your order in accordance with clause 8.2, then prior to delivery of the Products, you will receive an email from us requesting payment of the outstanding balance, with a link to enable you to make payment. You must make full payment for the Products prior to delivery and we reserve the right to suspend delivery of the Products until full payment has been received.

5.3 If you successfully apply for our interest-free credit option, you authorise our selected finance company to pay the credit amount directly to us and you confirm that you will not request the finance company to pay any part of the credit amount to you.

5.4 If for any reason you cancel the agreement with our selected finance company, any unpaid balance of the price will be payable by you to us.

5.5 Notwithstanding clause 8.2, the purchase of clearance items must be made in full by credit or debit card when placing your order and there will be no option to pay a deposit only.

6. DELIVERY

6.1 For all furniture orders, our nominated delivery partner will contact you to notify you when your Products are available and will arrange a date for delivery to the address specified by you. We reserve the right to require proof of identification from you when making a delivery to you. Cushion only orders will be delivered by a standard all-day courier service.

6.2 You are required to take delivery on the date agreed between us, otherwise we reserve the right to charge you an additional redelivery fee of £90. This payment will be due before redelivery.

6.3 Our delivery partner will provide an estimated delivery time slot 36 hours before delivery. If you subsequently cancel the delivery or if you are not available to accept the delivery when our delivery partner arrives at your address within the agreed time slot, we reserve the right to charge you an additional re-delivery fee of £90 , in addition to any delivery charge already paid.

6.4 If you are not available to accept the delivery of the Products you can agree a new re-delivery date with our delivery partner, which must be reasonable, and subject to your delivery partner’s availability, and you can treat the Contract as at an end if we do not meet the new delivery deadline.

If you do not re-arrange delivery or collect the Products from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract.

6.5 Time of delivery is not of the essence in these terms and conditions. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any delay.

6.6 Our delivery partner will use reasonable endeavours to deliver large items to a room of your choice. The room must be accessible to two delivery people either on the ground floor or via adequate stairs or elevator and without the need for mechanical lifting equipment. Delivery is always subject to the health and safety of the delivery personnel.

6.7 At the time of delivery, the Products will be unpacked and where required assembled. A signature will be required to acknowledge delivery. The signature of the person accepting delivery at the delivery address will be proof that you or the person to whom the order is addressed has received the delivery.

6.8 You are responsible for checking the condition of the Products delivered and must highlight any issues to us upon receipt.

7. RISK AND TITLE

7.1 The Products will be at your risk and responsibility from the time we deliver the Products to the address you give us.

7.2 Ownership of the Products will pass to you on delivery or, if later, when we receive full payment of all sums due in respect of the Products, including delivery charges (if any) from you.

8. REFUNDS AND RETURNS

8.1 Nothing in this clause 11 affects your legal rights.

8.2 We will refund any money received from you using the same method originally used by you to pay for your purchase. Where the Payment was made by credit or debit card, refunds can only be made to the original card of purchase.

8.3 Where you exercise your right to change your mind and cancel the Contract, the Product must be returned to us in a saleable condition. We will refund to you all monies paid by you in respect of the price of the returned Product but reserve the right to make reasonable deductions from the amount refunded to you if there are signs of wear and/or use and/or damage. We will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which we receive the Product back. Where the price of the Product was paid using our interest-free credit option, we reserve the right to pay the refund to our selected finance provider.

8.4 There is no automatic right of return for any clearance item purchased from our showrooms and they are sold as seen.

8.5 If you end the Contract for any reason, you must return the Products to us. You must either return the Products to us in person or allow us to collect them from you. Please contact customer services at hello@theloungeco.com to arrange collection. If you are exercising your legal right to change your mind, you must return the Products within 14 days of telling us that you wish to end the Contract. We will pay the costs of return if the Products are faulty or misdescribed. In all other circumstances, including where you are exercising your right to change your mind, you must pay the costs of return. If you are responsible for the costs of return and we are collecting the Products from you, we will charge you the direct cost to us of collection.

8.6 If you return a product for any reason other than a change of mind (for instance, you have notified us because you claim that the Product is faulty), we will examine the returned Product and, where we agree that the Product is faulty and have not been able to provide a replacement or repair, we will notify of your refund via telephone or email within a reasonable period of time. We will process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via email that you were entitled to a refund for the faulty Product. This does not affect your legal remedies for faulty products.

9. OUR LIABILITY

9.1 We warrant to you that any Product purchased from us through our website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

9.2 Our liability for losses you suffer as a result of us breaking the Contract are strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable result of us breaking the Contract or failing to use reasonable care, but we are not responsible for any loss or damage which is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or, at the time the Contract is made, both you and we knew that it might happen (for example, if you discussed it with us during the sales process).

9.3 Nothing in this clause 9 limits in any way our liability: (a) for death or personal injury caused by our negligence; (b) for defective products under the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; (d) for breach of your legal rights in relation to the Products, including the right to receive products which are as described and match information we provided to you and any sample seen by you, of satisfactory quality and fit for any particular purpose made known to us; or (e) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

9.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

10. WRITTEN COMMUNICATIONS

10.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.

11. NOTICES

11.1 All notices given by you to us must be given to The Have a Heart Foundation. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 9 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

12. USE OF YOUR PERSONAL INFORMATION

12.1 For full details of how we will use personal information that you provide to us, please see our Privacy Policy. In summary, we will use such information to supply the Products to you, to process your payment for the Products and, if you agreed to this during the order process, to give you information about similar products that we provide but you may stop receiving this information at any time by contacting us.

12.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

13. EVENTS OUTSIDE OUR CONTROL

13.1 We will not be liable or responsible for any failure to perform, or delay in performing, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: • Strikes, lock-outs or other industrial action; • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; • Impossibility of the use of public or private telecommunications networks; • The acts, decrees, legislation, regulations or restrictions of any government.

13.3 Our performance under any Contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

14. OTHER IMPORTANT TERMS

14.1 Nobody else has any rights under this Contract (except someone you transfer your guarantee to). This Contract is between you and us and is also binding on our respective successors and assigns. No other person will have any right to enforce any of its terms, except as explained in clause 14.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.

14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or obligations under the Contract to another person if we agree to this in writing. However, you may transfer our guarantee at clause 6 to a person who has acquired the Product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the Product.

14.3 We may transfer the Contract to someone else. We may transfer or sub-contract any of our rights or obligations under the Contract to another organisation at any time during the term of the Contract. We will tell you in writing if this happens and we will ensure that this will not affect your rights under the Contract.

14.4 Even if we delay in enforcing the Contract, we can still enforce it later. If we do not insist immediately that you do anything that you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

14.5 If a court finds part of the Contract illegal, the rest continues in force. Each of the paragraphs in these terms operates separately. If any court or competent authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect

14.6 These are the only relevant terms. These terms, any documents referred to in them and our Website Terms of Use and Privacy Policy are the entire agreement between us. In entering into the Contract, neither of us has relied on anything said or written by the other prior to entering into the Contract, and neither of us will have any remedy in respect of any untrue statement made by the other prior to the date of any Contract (unless such untrue statement was made fraudulently).

14.7 We may amend these terms. We have the right to amend these terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force when you order products from us, unless any change to them is required by law or governmental authority (in which case it will apply to orders previously placed by you), or we notify you of the change to them before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the changes, unless you notify us to the contrary within seven working days of receipt by you of the Products).

14.8 Which laws apply to this Contract and where you may bring legal proceedings. These terms and the Contract are governed by the laws of England and Wales and you can bring legal proceedings in respect of the products in the courts of England and Wales or, if you live in Scotland, in the courts of either Scotland or England and Wales or, if you live in Northern Ireland, in the courts of either Northern Ireland or England and Wales.

14.9 What to do if you have a complaint. Your views are important to us and if we do not deliver to the high standard of service you should expect, or if we make a mistake, we want to know. We will investigate your complaint and try to resolve the problem as quickly as possible.

14.11 If you have any complaint about the products or service that we have provided,

14.9 Please contact customercare@theloungeco.com and we will do our best to resolve it. In addition, please note that disputes may be submitted for online resolution to the European Commission online dispute resolution platform.

15. COMPETITION TERMS AND CONDITIONS

15.1 The promoter is: The Have a Heart Foundation (Furniture) Limited.

15.2 Employees of The Have a Heart Foundation or Sofa brands International, or their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter competitions.

15.3 There is no entry fee and no purchase necessary to enter competitions.

15.4 Winners will be chosen at random by an independent adjudicator appointed by The Have a Heart Foundation The result is final and no correspondence will be entered into. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

15.5 No cash alternative to the prizes will be offered. Prizes are not transferable.

15.6 By entering our competitions you give The Have a Heart Foundation the right to use your name for the sole purpose of identifying you as a competition winner on our social media channels.

15.7 Entry into the competition will be deemed as acceptance of these terms and conditions.

15.8 This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to The Have a Heart Foundation and not to any other party. The information provided will be used in conjunction with the following Privacy Policy.

15.9 Some competitions will be open across multiple platforms, including social media channels, email and in store. Unless otherwise stated you may cast individual entries via each channel.

15.10 The Have a Heart Foundation competitions are open to UK residents only.