Terms & Conditions
Last Updated 7 January 2019
1. Terms & Conditions
2. The Electronic Commerce (EC Directive) Regulations 2002 and The Consumer Protection (Distance Selling) Regulations 2000.
3. Data Protection Act 1998 and Privacy
1. Terms & Conditions
These Terms and Conditions of Trading apply to all consumer contracts between Handmade Chesterfield LTD and our subcontractors ('us/we/our') and the Customer ('you/your') in relation to all sales of goods and services.
These terms of sale (“Terms of Sale”) set out the terms and conditions on which we supply any of the products (“Product” or “Products”) listed on our website www.handmadechesterfields.com (“our site”) to you.
Please read these Terms of Sale carefully before ordering any Products from our site. These Terms of Sale tell you who we are, how we will provide Products to you, how you and we may end the contract, what to do if there is a problem and other important information. If you do not agree to these Terms of Sale you must not order any Product through our site.
1.1 Placing your order
1.1.1 You can place orders for Products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.
1.1.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
1.1.3 All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.
1.1.4 Unfortunately we can’t stop an order once it has been dispatched by us. If you change your mind about your order after this point you can reject delivery or return the Products to us in accordance with the returns policy below.
1.1.5 Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
1.1.6 You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
1.2. Product Specifications
1.2.1 We have a policy of continuous product development and reserve the right to amend the specification of products without prior notice in relation to future sales.
1.2.2 Goods supplied may differ as a consequence from those on display or advertised. Unless agreed with you, the goods supplied will be of equivalent value, functionality and appearance.
1.2.3 Leather goods are made from quality natural leather and accordingly 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 exposure to sunlight and heat.
1.2.4 We will endeavour to match the colour and texture of the fabric of your sofa to the samples chosen as accurately as possible, but variations in both the colour and texture may occur.
1.3.1 The measurements of all furniture and furnishings made by us will be as accurate as possible, but are nevertheless approximate.
1.3.2 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the Products. The Products that are delivered to you may vary slightly from those images.
1.4.1 We require payment in full before despatch of goods
1.4.2 We will contact you as soon as possible to advise you of your estimated delivery date and at this time the balance of any monies due will be payable. Only once we have received the balance of any monies due in cleared funds, will we be able to confirm your actual delivery date.
1.5.1 We offer a delivery service in accordance with the timescales shown against each Product on our site. Please note that delivery timescales are estimates. You can find out more about our Product delivery by reading the information on the delivery page of our site.
1.5.2 Your estimated dispatch date will be as set out in a dispatch confirmation sent by email. This dispatch date indicates when we expect to send the Products to our delivery partner. Please refer to the Delivery page of our site to find out more about our dispatch and delivery process and how long after dispatch you should expect the Products to be delivered. Although we will make every reasonable effort to ensure your Products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting the manufacturer of the Product or our delivery partners. If we are unable to meet the estimated dispatch or delivery date, we will contact you with a revised estimated date.
1.5.3 Your delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery, we will leave you a note with information about how to rearrange delivery. If you have not accepted delivery after three attempts by us, we may treat the contract as having been cancelled by you.
1.5.4 For all purchases we will contact you to arrange a delivery date when the furniture has been received into our warehouse, if it is not already in stock.
1.5.5 If you are unable, for whatever reason, to take delivery of your goods on the confirmed delivery date, we will charge you 15% of the value of your order for any subsequent deliveries.
1.5.6 If we accidentally damage goods in the course of delivery, then our liability for that damage is limited to the repair, refund or replacement of the goods or the value thereof.
1.5.7 Time of delivery is not of the essence in these Terms and Conditions of Trading. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any reasonable delay or delay due to unforeseen circumstances outside of the reasonable control of Handmade Chesterfield LTD or delay due to any reasonable rescheduling of delivery.
1.5.8 IMPORTANT: Please note that if a delivery time is booked in and there is nobody to meet the driver, we will make a charge for redelivery. Our couriers reserve the right to deliver your pallet to the kerbside only, so please make sure you have any help you need to carry the furniture into your house.
1.5.9 Outside the European Union we reserve the right to deliver to your nearest freight depot, this is usually in your nearest major city.
1.6. Returns and Refunds
1.6.1 All our furniture with the exception of our sale or clearance items are made to your exact specifications and therefore cannot be cancelled once we have accepted your order.
1.6.2 These orders fall outside the Distance selling regulations (2000) which states that personalised goods or goods made to a consumer's specification are exempt.
1.6.3 We hope you will be pleased with everything you have bought from us but if you are unhappy with your Products, you can return them to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
1.6.4 You have a legal right to change your mind and cancel the contract between you and us within 14 days of delivery of your Products without giving a reason. Please note that the right to change your mind does not apply to any bespoke Products you purchase from us (ie, Products that we create to your specification or are clearly personalised).
1.6.6 The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. Where you order multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Product, part, lot or piece that makes up your order.
1.6.7 In the case of our custom made products your 14 days to cancel the contract begins from the moment you place your order with us. Please note that after 14 days you will be unable to cancel the contract due to the bespoke nature of the work. If you wish to cancel after 14 days, you will be charged for the full price of the order. This does not affect your statutory legal rights.
1.6.8 To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. a letter sent by post or email or a telephone call).
1.7 Effects of cancellation
1.7.1 If you cancel your contract with us, we will reimburse you all payments received from you, including the cost of delivery (except that we reserve the right not to reimburse you for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
1.7.2 We will make the reimbursement without undue delay, and not later than: (a) 14 days after the day we receive back from you any Products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
1.7.3 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
1.7.4 We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
1.7.5 We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.
1.8 Faulty or mis-described
1.8.1 If you are returning the Products to us because they are faulty or mis-described, we will refund: the price of the Product in full; any applicable delivery charges; and any reasonable costs you incur in returning the item to us (other than any costs incurred by you in returning the Products to us in person). As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 5 or any of the other general Terms of Sale.
1.8.2 We will refund you through the payment method used by you to pay.
1.9.1 The provisions of this clause 7 apply in addition to your statutory consumer rights in relation to faulty or misdescribed goods. These rights are not affected by the guarantee.
1.9.2 For the purpose of this clause 7 the guarantor is Handmade Chesterfield Ltd, 58 Gloucester Place, Unit 2, London, England, W1U 8HJ, United Kingdom
1.9.3 All furniture carries a 10-year guarantee against faulty workmanship and/or faulty materials
1.9.4 Guarantees may not be transferred.
1.9.5 These guarantees do not cover fair wear and tear, neglect, abuse or misuse of your goods, loss or damage (including rusting and corrosion) due to unreasonable exposure to water or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, or theft, or accidental damage or loss caused by a third party.
1.10. Claims Under Guarantee
1.10.1 In the event of a claim under guarantee occurring, please contact Handmade Chesterfield LTD
1.10.2 We will endeavour to repair the defective goods free of charge. If a repair is not possible you will be offered a replacement and only if a suitable replacement is not available will you be offered a refund.
1.10.3 We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged or wrongly delivered goods, over and above the value of the goods themselves. This does not affect your statutory rights.
1.10.4 Our guarantees are limited to goods sold and retained in the United Kingdom, and used solely for private and domestic purposes.
1.11. Our Liability
1.11.1 We are under a legal duty to supply Products that are in conformity with our contract with you.
1.11.2 Our Products are designed for residential use and we do not make any guarantees or warranties about their performance in a commercial environment. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
1.11.3 If we fail to comply with a contract between you and us, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.
1.11.4 The maximum loss or damage we will be responsible for is limited to the price you have paid us for the Product to which the loss or damage you suffer relates.
1.11.5 We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability imposed under the Consumer Rights Act 2015 that is not permitted to be excluded or restricted under section 31 of the Consumer Rights Act 2015; and (d) defective products under the Consumer Protection Act 1987.
1.11.6 This does not affect your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards office.
12.1 Events outside our control
12.1.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that: (a) we will take reasonable steps to prevent or minimise the failure or delay; (b) in the event of failure to perform, we will refund you all amounts paid under the affected contract; and (c) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.
13.1. Dispute Resolution
13.1.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally.
13.1.2 In the unlikely event that we are not able to resolve the dispute informally, please note that the EU operates an online dispute resolution platform for EU consumers to submit disputes arising from online purchases, which can be accessed at //ec.europa.eu/odr . You will also always have the option of resolving the dispute using court action.
14. Each of these term operates independently
14.1 Each of the provisions of these Terms of Sale operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15. Updating Terms of Sale
15.1 We may modify or update these Terms of Sale from time to time for reasons including: (a) changes in how our business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. However, any order of Products by you will be governed by the terms and conditions available on our site at the time you place the order.
16. Rights of third parties
16.1 Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
17. Transfer of our rights
17.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you in writing if this happens, but this will not affect your rights or our obligations under the contract. We will use reasonable endeavours to tell you in writing in this happens.
17.1.2 Our head office is Handmade Chesterfield LTD, Drayton Manor Business Park, Coleshill Road, Tamworth, Staffs B78 3TL, United Kingdom.
17.1.3 To the maximum extent permissible by law, we exclude all warranties, expressed or implied as to the accuracy of the information contained in any of the materials on the website. We cannot accept any liability for any particular material on the website or as a result of any use or reliance placed upon information contained on the website.
17.1.4 Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk. You will be solely responsible for any damage to your own computer systems or loss of data that results from the download of such materials.
17.1.5 The above does not affect your statutory rights.
1.18 Data Protection
18.1.1 Handmade Chesterfield LTD is a registered data controller in accordance with the Data Protection Act 1998 ('the Act'). We process your personal data in accordance with the Act.
1.19 Applicable Law
These Terms and Conditions of Trading are governed by and are to be construed in accordance with the laws of The United Kingdom.
2. The Regulations
Handmade Chesterfield LTD is obliged by law to provide the following information
The website handmadechesterfields.com is operated and owned by Handmade Chesterfield LTD.
Registered Office ;
Handmade Chesterfield LTD
58 Gloucester Place
Registered Company No. 11396207
Business Operations Address:
Drayton Manor Business Park
Staffs B78 3TL