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Terms & Conditions
By using or accessing this website and/or placing any order(s), 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 specified.
1.5 "Price" means the price for the Products including carriage, packing and VAT.
1.6 "Seller" means Comfy Living (www.comfy-living.co.uk)
2 Conditions applicable
2.1 These terms and conditions will not affect the buyer's statutory rights as a consumer.
2.2 The Buyer can purchase any product in accordance with any written quotation, verbal or written order, which the Seller has authorised and the Buyer has accepted. This does include, yet not limited by, the orders placed using the Sellers online electronic method, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
2.3 Any error or omission in the Seller's sales literature, quotations, price list, acceptance of offer, invoice or any other written document from the Seller, that contains a typographical or clerical error can be corrected by the Seller, without them being liable.
2.4 If any part of these terms and conditions are deemed unenforceable or adjudged as invalid in whole or part; the remaining provisions, specifically that in question, shall not be affected.
2.5 If the Seller has insuffient and unavailable stock and is unable to deliver the ordered goods to the Buyer, then the Seller will refund or re-credit the amount paid by the Buyer. The Seller will notify you using the details stated when the Buyer filled out the order form. The refund will be made as soon as possible and issued within 30 days of the order being placed. However, the seller is not obliged to offer any compensation for disappointment that the Buyer may have suffered.
2.6 By placing an order via the Seller's online electronic system, the Buyer is not making an offer that is a binding contract; it will only become so when accepted by the Seller. Furthermore, taking payment from the Buyer's credit or debit card is not an indication of the Seller's acceptance of the order. If the Seller's decision is to not accept the order, then a full refund will be issued to the Buyer.
3 The products
3.1 The Seller shall include product quality and descriptions in his quotation.
3.2 Changes to specifications of products that do not affect materially their quality or performance required to conform to applicable statutory requirements, are acceptable at the Sellers discression.
3.3 Photographs may not exactly match the product in question; they are purely an illustrative tool.
4 Warranties and liability
4.1 All goods supplied by the Seller include at least one year's warranty from original date of purchase regardless of any replacements.
4.2 In an event the Buyer is to claim on the manufacturer's warranty, the Seller's customer service department is required to be the first instance of contact from the Buyer. The Seller shall provide the Buyer with such information as required to claim under the manufacturer's warranties.
4.3 The Seller does not provide any warranty cover against defects in his own right.
4.4 Warranties and terms and conditions relating to fitness for purpose, satisfactory quality and conditions of the product, whether implied by statute, common law or otherwise, are excluded to the fullest extent of the law, except where the Buyer acts as a Consumer
4.5 As is permitted by law, the Seller's only liability to you under the above terms and conditions will be at the Seller's sole discretion. To correct any shortage of items or non-delivery, to replace or repair any goods which are received by the Buyer in a damaged or defective state. Moreover, to refund the Buyer any sums actually paid by them for the goods in question. Any liability to the Seller for the non-delivery of Products shall be limited to replacing the Products within a reasonable time or issuing a respective refund. This does not affect your statutory rights as a consumer.
5 Delivery, Returns and Cancellations
5.1 The Seller or his agent will notify the Buyer of the delivery of the goods the Buyer ordered, to the address specified at the time the order was placed.
5.2 The Seller shall use his reasonable endeavors to meet the delivery date agreed upon, between him and the Buyer.
5.3The Seller will not be held responsible should the Buyer decide to dispose of their existing furniture prior to their delivery. Please ensure that you are completely happy with your purchase before disposing of any of the packaging
5.4 All delivery dates displayed on the website are guidelines. The Seller shall not be liable for any delay in delivery howsoever caused.
5.5 Delivery of goods from the Seller is free to all GB mainland, except to HS, IV, KA, KW, PA, PH, PO30-41, or TR21-25 postcode areas where there will be an charge which will be shown at the checkout after the Buyer has entered their delivery postcode.
5.6 Comfy Living do not currently deliver to BT, JE, GY, IM or ZE postcode areas
5.7 Generally, where an order contains more than one item, the goods will be delivered together, when available and in stock.
5.8 A Buyer may be charged £5 for delivery failure if they are not present at the attempted delivery of any goods they ordered, that was prior agreed between the Seller and Buyer.
5.9 The buyer accepts full liability for orders delivered where the carrier has followed instructions given either directly to the carrier or to the seller.
5.10 The Buyer may cancel their order at any time between its placement and up to seven days after its delivery. Providing this occurs before it has been dispatched, there is no charge. In the event it is cancelled on the day of delivery, or the Buyer refuses delivery, a £5 failed delivery charge may apply to the Buyer. If unhappy with their goods, the Buyer can return them within seven days of the delivery, but must contact the Seller's customer service department and notify them of this. The Buyer can either arrange to return the goods himself to the Supplier at his own cost and risk, or he may ask the Seller to collect the goods in which case he will be charged £30. This will be deducted from his refund. The Buyer must return goods to the Seller in the same condition they were in at the time of delivery; in similar or the original packaging. In the event the goods are deemed to be not adequately packaged, the Seller can refuse collection and the Buyer may be subject to a £5 refused delivery charge. This charge will also apply if the Buyer, for whatever reason, does not have the goods available for collection at the Buyer/Seller agreed time and date. Refunds will be issued after receipt of the returned goods, after they have been inspected for damage. They will happen within 30days of the return. In the event the goods are returned damaged, the Seller can withhold the refund amount, it part or total.
5.11 Any product that is designed to be slept on, including mattresses, futon mattresses and chair beds, can only be returned unopened; those slept on and opened will not accepted by Seller unless proven faulty. Buyer should only test them when they are wrapped, removing the packaging when satisfied it will not be returned to Seller.
5.12 Deliveries take place on weekdays, a Saturday date can be arranged for an additional charge. (Clearly indicated at the checkout stage). Delivery does not occur on Sundays or Bank Holidays.
6 Acceptance of the products
6.1Other than where the Buyer acts as a Consumer the Buyer shall be deemed to have accepted the Products 5 working days after delivery to the Buyer.
6.2 The Buyer is not entitled to reject goods which are not in accordance with the contract between Buyer and Seller, after acceptance.
7 Title and risk
7.1 Upon delivery of goods, the risk of damage or loss of the product in question will pass from the Seller to the Buyer.
7.2 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.
7.3 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. 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.
7.4 All orders remain property of the Seller until full payment has been received.
8 Our promise to beat any price is subject to the following conditions;
8.1 The item must be identical to the one we have for sale
8.2 The item must be from the same supplier as we use
8.3 The retailer offering the cheaper price must be a genuine online retailer or traditional retailer (online auction sites are not accepted as a traditional retailer or standard online retailer)
8.4 The item must be brand new and in the same condition as the item we have for sale
8.5 The delivery time from the other retailer must not exceed our delivery time
8.6 The retailer offering the cheaper price must not be doing so in conjunction with any other offer
8.7 We will consider all price beat requests, however, any price beat will be offered at our own discretion
8.8 We reserve the right to refuse any price beat at any time
8.9 The cheaper price must not be for seconds or bulk orders. Please enquire separately if you require a price for bulk orders.
8.10 A proof of the offer may be required in writing
Faulty items and your consumer rights - full information from the UK's DirectGov website can be found here.
Any item you buy from a trader (eg shop or online shop) must be:
• Of satisfactory quality
• Fit for purpose
• As described
If it isn’t, the item is faulty and you can usually get one of the following:
• Repair or replacement parts to facilitate repair
• Refund (refund only applies if the item has been in place up to 30 days after date of delivery)