Terms and Conditions
OUR TERMS AND CONDITIONS
- THESE TERMS
What these terms cover.
These are the terms and conditions on which we supply our products to you.
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.
1.3 Where these terms apply.
These terms and conditions apply to anyone placing an order with Epitome Soft Furnishings
as these may be amended from time to time. If you may be ordering by telephone or some other distance means, we will direct you to these terms as these terms will apply to any such order method.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are.
We Epitome Scotland Ltd. t/a Epitome Soft Furnishings. Our company registration number is SC533268 and our registered office is at Studio 6, Sir James Clark Building, Paisley, PA1 1JT. Our registered VAT number is GB293573763
2.2 How to contact us.
You can contact us by telephone on 0141 459 0727 or by emailing us at email@example.com by writing to us at Epitome Soft Furnishings, Studio 6, Sir James Clark Building, Paisley, PA1 1TJ
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.
- OUR CONTRACT WITH YOU
3.1 How we will accept your order.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. You should always check the email we send you to make sure it contains all the correct information and notify us immediately if you need to amend anything on it.
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 refund your deposit if one has been made or find a like for like product with your agreement. This might be because, for example, the product (or parts needed for the product) is out of stock, because of unexpected limits on our resources which we could not reasonably plan, 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 invoice number.
We will assign an invoice number to your order and tell you what it is when we accept your order.
3.4 Where we sell to.
We primarily, but are not limited to selling to customers throughout Scotland as we cover the full of the UK.
- OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website and our sample books are for illustrative purposes only.
4.2 Free samples are available. We recommend that before you purchase any of our products you use the free sample service available, taking note of the following:
4.2.1 the Sample Service should be used even if you are making a repeat order as colours can vary from batch to batch;
4.2.2 a sample may not show the full range of the pattern or colour. If you have any concerns about this please contact us;
4.2.3 suppliers may change names and colour references from time to time;
4.3 Making sure your measurements are accurate.
4.3.1 If we are making the product to measurements supplied to us by you then you are responsible for ensuring that these measurements are correct. We cannot be held responsible if these measurements are not correct and any amendments or alterations will be charged accordingly.
4.3.2 If we have taken our own measurements on your behalf we will ensure that product fits as agreed. Should we need to carry out any amendments or alterations they will be done at our expense and in a timely manner.
4.4 Tolerance levels. Notwithstanding clause 4.3, all our products are made with a tolerance of between +/-1cm and will not be considered faulty or misdescribed for the purposes of these terms and conditions if they fall within these parameters.
- YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered, please contact us without delay. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).
- OUR RIGHTS TO MAKE CHANGES
Minor changes to the products. We may change the product:
6.1 to reflect changes in relevant laws and regulatory requirements; and
6.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
- PROVIDING THE PRODUCTS
7.1 Delivery costs.
These will be applied as part of the order process to ensure that our costs are duly covered for bringing raw materials in from our suppliers.
7.2 When we will provide the products.
During the order process we will let you know when we will provide the products to you. We will deliver the products to you as soon as reasonably possible and we will provide you with an estimated delivery date.
7.3 Made-to-measure manufacturing process. As our products are made to specification there will be a lead time in place to manufacture which will discussed at your time of sale, but typically 3-4 weeks from confirmed order date.
7.4 We are not responsible for delays outside our control. If our supply 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, if applicable for any products you have paid for but not received.
7.5 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us.
7.6 When you own goods. You own a product once we have received payment in full.
7.7 What will happen if you do not give required information to us. If you have not provided us with all the information required for the product you have ordered we may contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us.
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11; or
8.1.2 If you have just changed your mind about the product you may be able to get a refund if you are within the cooling-off period (if applicable), but this may be subject to deductions and you will have to pay the costs of return of any product received. As explained in clause 8.3 below, this right will only apply if the product you have ordered is not made-to-measure and is a standard product (see clause 8.3).
For the purposes of this clause 8.1 a product will not be deemed misdescribed if we are satisfied it is covered by the provisions of clause 4.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
8.2.1 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;
8.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.3 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
8.2.4 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. However, these rights, under the Consumer Contracts Regulations 2013, exclude products that are made to the customer’s specification as made-to-measure products. As the products we manufacture are made-to-measure and are created to the measurements provided by you, the right to change your mind will not apply to any such products purchased from our website. If you want to change any part of your order or cancel your order you will need to contact us within an hour of you placing your order, although if we have started to make the product we will be entitled to withhold from any refund the cost of materials used.
8.4 How long do I have to change my mind? For standard, non made-to-measure products you have 14 days from the day you (or someone you nominate) receives the goods. As explained above, once we have started the manufacturing of your made-to-measure products, you are not able to cancel the contract.
- HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1 Phone or email. Call customer services on 0141 459 0727 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must send any such products back to us at Studio 6, Sir James Clark Building, Paisley,
PA1 1TJ using a reputable delivery company with tracking information. Please call customer services on 0141 459 0727 or email us at email@example.com discuss the process of returning any such products to us. If you are exercising your right to change your mind you must returns the products within 30 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. 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.
9.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible and usually within 7 days from receipt of the returned product.
- OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and in full;
10.1.2 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;
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0141 459 0727 or write to us at firstname.lastname@example.org Studio 6, Sir James Clark Building, Paisley, PA1 1TJ.
11.2 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 legal rights 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 (bearing in mind their nature) you may be entitled to some money back.
- PRICE AND PAYMENT
12.1 Where to find the price for the product.
The price of the product will be the price indicated on the invoice you receive via email when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 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 in full before the change in the rate of VAT takes effect.
12.3 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. We will normally 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 to you, we will contact you for your instructions before we accept your order.
12.4 When you must pay and how you must pay.
We accept payment by bank transfer into our nominated bank account detailed on your invoice or you can pay with Visa/Mastercard Credit/Debit, Amex or Paypal.
We will charge your credit or debit card at the time we accept the order. In most cases, payment is required in full unless payment terms have been agreed at the time of ordering.
12.5 What to do if you think your payment receipt is wrong. If you think your payment receipt is wrong, please contact us promptly to let us know.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 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 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. As referred to above, you should not book a fitter until you have received and checked the product as we will not be liable for any cancellation of an appointment. Also, it is your responsibility to ensure that the quality and state of the walls to which the product will be fixed is suitable.
13.2 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 products including the right to receive products which are: as described and match information we provided to you and any sample seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
13.3 We are not liable for business losses. 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.
13.4 We exclude liability for any losses relating to the material used to make the products or supplied to you under the Sample Service. We rely on suppliers to provide us with the material we use to make the products. We exclude liability for any loss suffered by you as a result of any changes to the material supplied to us from time to time including without limitation any changes relating to colours, shading, names and patterns.
13.5 We exclude liability for any losses relating to the measurements you supply. We will not be liable for the measurements you supply to us as part of the order process.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information you provide to us:
14.1.1 to supply and deliver the products to you;
14.1.2 to process your payment for the products; and
14.1.3 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 at any time by contacting us.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
- OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 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.
15.3 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.
15.4 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.5 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by Scottish Law and you can bring legal proceedings in respect of the products in the Scottish courts.