These pages contain information on the terms and conditions for purchases from the Sofa Cash&Carry. By placing a deposit, any order(s), we and you agree to be legally bound by these terms and conditions.
All orders are subject to our full terms and conditions (below). Nothing in these conditions affects your statutory rights as a consumer.
Standard conditions of sale
1.1 “Buyer” means the person who buys or agrees to buy the Products from the Seller.
1.2 “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 “Delivery date” means the date specified by the Seller when the Products are to be delivered.
1.4 “Products” means those goods/items specified.
1.5 “Price” means the price for the Products including carriage, packing and VAT.
1.6 “Seller” means Lewis Furniture.
1.7 “Consumer” shall bear the meaning ascribed in section 12 Unfair Contract Terms Act 1977.
2 Conditions applicable
2.1 Nothing in these conditions shall affect the buyer’s statutory rights as a consumer.
2.2 The Seller shall sell and the Buyer shall purchase the products in accordance with any written quotation of the Seller which is accepted by the Buyer.
2.3 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
2.4 If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
3 The price and payment
3.1 Save as provided otherwise herein the Price shall be that as stipulated in the Seller’s published price list current at the date of order of the Products.
3.2 Payment of the Price shall be due at the date of the order. Time for payment shall be of the essence.
3.3 The Buyer is responsible for ensuring they purchase the correct sofa, by placing your deposit you are entering into a contract to purchase the goods as listed on your customer order sheet. Any change of order with in hand stock will incur a 25% restocking fee. Special Orders are Final and cannot be changed.
4 The Products
4.1 The quantity and description of the Products shall be set out in the Seller’s quotation.
4.2 The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller’s specification.
4.3 Photographs are for illustrative purpose only, and may not exactly match the product itself.
5 Guarantee and liability
5.1 All Products supplied by the Seller come with a manufacturer’s Guarantee of at least 12 months.
5.2 The Seller shall provide the Buyer with such information as is required to claim under the manufacturer’s Guarantee. In the event of a claim, the Buyer shall in the first instance contact the Store of purchase.
5.3 The Seller does not provide any warranty cover against defects in his own right.
5.5 After raising your Issue claim (all Issues are dealt with via head office using e-mail communication) A Returnable Deposit of £65 will be required in cash alongside your Origional Customer Order Receipt in store.
5.6 It is the Buyers responsibility to have a valid receipt and not that of the Seller.
5.7 Once an Issue case has been raised with Head office and the returnable deposit requested, the Buyer has 30 days to confirm their acceptance, by placing the returnable deposit. After 30 days the seller will assume the issue case was not warranted and close the case.
5.8 Returnable deposit is only refundable if the issue is deemed to be that of a manufacturing defect, the full cost of the assessment will then be applicable.
5.9 It is the Buyers responsibility, for duty of care of the products whilst in their possession.
5.10 As a Cash&Carry we only service within a 30 mile area of Ne6 1jx, outside of this area you are undertaking that the products are return to base at the buyers expense. Goods should be appropriately wrapped and shipped using an Insured Haulage company, prior to the Haulage company leaving the Goods will be opened and photographed.
5.11 Shop Floor Models, also listed as “Sold as seen” are subject to the customers appraisal at the time of Purchase, any visual defects externally, encompassing; uneven stitching, scarring, surface scratches, scuffs, abnormalities in shape or size are not covered in the manufacturers guarantee, as these would have been fully visible at the point of sale. The Seller may note more severe issues from the list above, on the Customer order but does not rule out there being more. It is the Buyers right to photograph the item prior to Delivery or pick-up.
5.12 Refurbished goods carry an up to 90 day Guarantee, Guarantees are individual to each product, some products can carry No Guarantee. Refurbished goods are also listed as “sold as seen”.
5.13 The seller offers a no roll on Manufacturers Guarantee.
6.1 Delivery of the Products shall be made by an External delivery Company, notifying the Buyer that the Products are available for collection at the Sellers premises or for delivery to such place as the Buyer may specify at the time the order is placed.
6.2 The Seller shall use his reasonable endeavours to deliver the Products within the timescale quoted for each Product. Where an order contains more than one Product the Seller shall endeavour to deliver all Products together within the longest timescale quoted.
6.3 In any event time of delivery shall not be of the essence.
6.4 The Seller shall not be liable for any delay in delivery howsoever caused.
6.5 Delivery of Products shall be made within 30 miles of the Sofa Cash&Carry only and must be signed for. The address will be that provided upon purchase.
6.6 External Delivery is chargeable; their tariff will be provided at point of purchase.
6.7 External Deliveries go out weekly.
6.8 It is the Buyers responsibility to ensure there is sufficient access for the goods to be delivered and not that of the seller. In the event of insufficient access the External delivery company will leave the goods in a safe place* for the buyer to find a resolution, (* classification of a safe place; somewhere the goods can be placed, without causing a hazard, this can be indoors or outdoors) Refusal to accept the products will incur a 25% re-stocking fee the original delivery charge + another return to depot charge.
7 Acceptance of the Products
7.1 After acceptance the Buyer shall not be entitled to reject Products.
7.2 The seller does not accept returns.
8 Title and risk
8.1 Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
8.2 Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.
8.3 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.
9 Payment plans/Finance
9.1 The buyer enters into an agreement to purchase the product, the seller accepts a 10% upfront deposit (30% deposit for special orders), the buyer than must make regular payments of £120 every 4 weeks thereafter. Once the balance is available the Goods are released, delivery can be arranged or the goods can be picked up.
9.2 All payments are classed as a deposit. All deposits are non-refundable/non-transferrable.
9.3 It is the Buyers responsibility to ensure they keep up with repayments, the seller has the right to add penalty charges in the event of non payment, charges to cover the cost of storage of the product outside the permitted agreement time for the completion of the payment plan, this will be calculated at a standard rate of £25 per/week that the plan runs over.
9.4 Finance is offered subject to status via an external Lender.
9.5 The Buyer applies for finance via the external lender if successful will be granted an amount of credit to spend in store.
9.6 For security reasons all finance sales must be delivered using the external delivery company used by the Seller, the goods must be delivered to the buyers address, External Delivery charge must be paid by the Buyer.
10 Insolvency of Buyer
10.1 This clause applies if:
10.1.1 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
10.1.2 An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or
10.1.3 The Buyer, not being a consumer, ceases, or threatens to cease, to carry on business, or
10.1.4 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.
10.2 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.
11.1 Neither party shall 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 strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller’s premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
11.2 Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer’s address as provided to the Seller.
12.1 The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
12.2 Additional costs
The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
13 Proper law of contract
13.1 This Contract shall be governed by the law of England and Wales and any dispute question or remedy howsoever arising determined exclusively by the Courts of England and Wales