Terms and Conditions

1. These terms SOFA MAGIC TERMS AND CONDITIONS OF BUSINESS 1.1 What these terms cover. These are the terms and conditions on which we supply products to you. For the purpose of these terms, any reference to your ‘order’ means the order form attached to these terms setting out the specific products you have ordered from us.1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will 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. If you think that there is a mistake in these terms, please contact us to discuss. 2. Information about us and how to contact us2.1 Who we are. Sofa Magic is a trading name of Bristol Cushion Company Ltd a company registered in England and Wales. Our company registration number is 08595496 and our registered office is at 141 Englishcombe Lane, Bath, BA2 2EL.2.2 How to contact us. You can contact us by telephoning our customer service team at 0117 9248383 or by writing to us at info@sofamagic.co.uk.2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails. 3. Our contract with you3.1 How we will accept your order. Our acceptance of your order will take place when we accept it in our storeor when we write to you to accept it, at which point a contract will come into existence between you and us.3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order. 4. Our products4.1 Products may vary slightly from their pictures. The images of the products in our brochure or on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated have a 20mm tolerance.4.2 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. It is also your responsibility to ensure that the property to which your products are delivered have suitable access facilities to accommodate the delivery of your product’s measurements (as stated in your order). 5. Your rights to make changes5.1 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible and if so we will do our best to accommodate this. If it is possible we will let you know about any changes to the price of the product, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. 6. Our rights to make changes6.1 Minor changes to the product. We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, such changes will not affect your use of the product.6.2 More significant changes to the product and these terms. In addition, as we informed you in the description of the product in our brochure or in your order, we may have to make changes to these terms or the product, for example if a product line is discontinued, there is a material change to our terms of supply or a change in vat rates, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect. 7. Providing the products7.1 Delivery costs. The costs of delivery will be as told to you during the order process or as stated in yourorder.7.2 When we will provide the products. During the order process we will let you know an estimate of when we expect your product to be made and when it can be delivered to you. Whilst we can provide delivery estimates in your order, we will contact you with an estimated delivery date or to agree a delivery date with you, as soon as is reasonably practicable from the date we are notified that your product has been made and is ready for delivery.7.3 We are not responsible for delays outside our control. If our delivery of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.7.4 Collection by you. If you have asked to collect the products from our premises, you can schedule an allocated time slot to collect the products from us during our working hours on weekdays, Monday to Friday.7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery.7.6 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.7.7 When you own the products. You own the products once we have received payment in full.7.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to(a) deal with technical problems or make minor technical changes;(b) update the product to reflect changes in relevant laws and regulatory requirements; or(c) make changes to the product as requested by you or notified by us to you (see 6).7.9 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 days we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going tosuspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.7.10 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see 11.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see 11.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see 11.5). 8. Your rights to end the contract8.1 You can always end the contract for supply of a product before it has been delivered and paid for. You may contact us to end your contract for a product at any time before we have delivered it and you have paid for it, but in some circumstances we may charge you for doing this, as described below. Of course, you always have rights where a product is faulty or mis-described (see 10, "If there is a problem with the products").8.2 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see 6.2);(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;(d) we have suspended supply of the product for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or(e) you have a legal right to end the contract because of something we have done wrong.8.3 What happens if you end the contract without a good reason. Subject to clause8.4, if you are not ending the contract for one of the reasons set out in8.2, then the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.8.4 Bespoke or made to measure products. Bespoke or made to measure products are made specifically to your requirements and accordingly, in the event you notify us that you wish to end the contract for such items, unless any of the reasons set out in clause 8.2 apply, the price for the product will be payable in full. 9. Our rights to end the contract9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing toyou if:(a) you do not make any payment to us or we are unable to collect payment from you when it is due and you still do not make payment within 14 days of us reminding you that payment is due;(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your delivery address; or(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. 10. If there is a problem with the product10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our consumer service team at 0117 9248383 or write to us at info@sofamagic.co.uk. Alternatively, please speak to one of our staff in-store.10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.Summary of your key legal rightsThis is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:up to 30 days: if your goods are faulty, then you can get an immediate refund.up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them or allow us to collect them from you. We will pay the costs of collection. 11. Price and payment11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the price of product advised to you is correct. However please see 11.3 for what happens if we discover an error in the price of the product you order.11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product (including delivery costs) in full before the change in the rate of VAT takes effect.11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. It is our usual practice to check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated in your order, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the contract, refund you any sums you have paid and require you to return the product at our expense.11.4 When you must pay and how you must pay.(a) A 50% deposit is required before an order shall be processed. The remaining 50% balance must be paid in cleared funds on completion, prior to the scheduled delivery or collection date unless agreed otherwise.(b) Preferred payment method is by bank transfer to the following account: - Natwest; Bristol Cushion Company Ltd, Sort Code: 52-10-07 and Account Number: 90080173. We accept payment with most major credit and debit card providers, other than American Express.11.5 We can charge interest if you pay late. If you do not make any payment to us or if we are unable to collect any payment from you by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Natwest Bank plc from time to time.11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date. 12. Our responsibility for loss or damage suffered by you12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but, except as set out in12.2 we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods as summarised in clause 10.2; and for defective products under the Consumer Protection Act 1987.12.3 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. 13. How we may use your personal information13.1 We will only use your personal information as set out in our Privacy Policy. A copy of our PrivacyPolicy can be found on our website https://sofamagic.co.uk/ . 14. Other important terms14.1 Transferring this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.14.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.14.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything 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 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.14.6 Alternative dispute resolution. Alternative dispute resolution is a process where an independent bodyconsiders the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an ADR provider. For a list of approved providers, please visit https://www.tradingstandards.uk/consumers/adr-approved-bodies.