Chelsea Upholstery & Interiors Ltd – Terms and Conditions

Background:

These Terms and Conditions are the standard terms for business by Chelsea Upholstery & Interiors Ltd, a company registered in England, whose registered showroom office address is at Unit 42 Meridian House, Juniper Drive, Battersea Reach London SW18 1QS.
These terms and conditions together with the Order Confirmation constitute a legal contract between “you” and “us” in its entirety and we will both be legally bound by the terms and conditions contained within. If there is any conflict between these terms and conditions and the details on the order confirmation, then the conditions as detailed in the Order Confirmation shall prevail.
Chelsea Upholstery & Interiors Ltd.’s full Terms and Conditions govern the contract as set out in this document. Any deviation of the contract or these terms and conditions must be agreed upon by us in advance and confirmed to you in writing
Please read these Terms and Conditions carefully and ensure that you understand them.

1. Definitions

This shall mean
“Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
“Company” means Chelsea Upholstery & Interiors Ltd.
“Contract” the contract between the Company and the Customer for the sale and purchase of the Goods in accordance with these Terms and Conditions.
“Contract Price” means the price payable by the Customer for the Goods under the Contract inclusive of any increases made pursuant to these Terms and Conditions and the prices charged for the works – detailed in the Order Confirmation.
“Customer” means the person who contracts with the Company for the sale or supply of the goods by the Company on these Terms and Conditions.
“Goods” means the bespoke furniture which the Company is to sell or supply under the Contract upon the Terms and Conditions.
“Guarantee” any guarantee supplied by the Company in respect of the Goods.
“Order” means the Customer’s order for the Goods, as set out in the Customer’s written acceptance of the Company’s quotation.
“Specification” means any specification for the Goods, including any related plans and drawings that are agreed upon by the Customer and the Company.
“Term or terms” means any of the clauses or sub-clauses or headings contained in this document.
“Terms and Conditions” means these terms and conditions and terms of business.
“Writing” includes emails but excludes faxes.
“We” “Us” or “Our” means Chelsea Upholstery & Interiors Ltd
“You” or “Your” means a user of Our Site and / or customer of Chelsea Upholstery & Interiors Ltd
“Quotation” means the quotation provided for the works by Chelsea Upholstery & Interiors Ltd
“Purchase Price” means the total value in £ of the Goods or Services
“Contract Sum” means the total value of the Goods and or Services being ordered
“Order Confirmation” means a description of the complete works being ordered – approved by the Purchaser
“due date” means the date by which cleared funds should have been paid to us by you.

2. Information about the Company and how to contact it

The Company’s registered office is at unit 42 Meridian House, Juniper Drive, Battersea Reach
London SW18 1QS. We produce high-quality, design-led furniture and bespoke interiors for global clients, both commercial and private, and have collaborated on projects with some of the world’s most sought-after designers (Services).
The Customer can contact the Company by telephoning the sales team on (+44) 0207 384 1666 or by writing to it at info@chelseaupholstery.co.uk. If the Company has to contact the Customer it will do so by telephone or by writing to the customer at the email address or postal address the Customer provided in its Order.
These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions.

3. Quotations and Orders

3.1 All quotations are valid for a period of 30 days unless specified on the Quotation. Following the expiry of this period, we reserve the right to provide you with a revised quotation for the works. All prices are shown net of VAT and VAT will be applied at the current applicable rate.
3.2 Your order to us is officially confirmed, and the contract between us becomes legally binding upon our receipt of your Order Confirmation and 50% deposit payment (cleared funds) and, by returning the Order Confirmation and paying the deposit, you are agreeing to comply with and be bound by these Terms and Conditions.
3.3 This Contract will become legally binding once the Order Confirmation has been by the person(s) named at the top of the Order Confirmation and it has been received by Chelsea Upholstery & Interiors Ltd along with the deposit payment. In the event that the Customer is not an individual, the person the Order Confirmation, and/or making payment of a deposit, or requesting goods or services from the Company in writing shall be deemed to have the requisite authority to bind the Customer to the agreement and alter or cancel orders on behalf of the Customer.
3.4 It is your responsibility to ensure the accuracy of the description of the goods and/or services set out in our Order Confirmation which includes specifications and also any drawings which are supplied for your approval, and prior to manufacture and to inform us of any amendments required, in writing. Manufacturing will not commence until drawings, Quotations and specifications have been approved by you in writing.
3.5 If you instruct us to carry out any amendments to the specifications detailed in our Quotation and/or Order Confirmation, these amendments may incur additional charges. We would inform you in writing of any additional charges.
3.6 We create technical drawings and offer 2 revisions for free of charge. The lead time for the technical drawings to be done will be agreed upon by both Parties (standard lead time is two weeks, but it depends on the size of the project)/ As the customers are allowed to make up to 2 free revisions to the drawings (3 technical drawings), the agreed lead time starts to count when the drawings are all approved by the customer. From the third revision request onwards, we charge £85 per technical drawing.
3.7 Customers’ own materials must be received by us one month after an order has been confirmed, otherwise, this may affect the delivery date;
3.8 If required, detailed working drawings of the proposed goods will be supplied for your approval prior to the manufacturing commencing. If additional section drawings or multiple permutations of designs are required, extra charges may apply and will be quoted accordingly. Chelsea Upholstery & Interiors Ltd owns and shall retain the copyright vested in all drawings provided and as such cannot be shared with third parties for commercial gain. If the order is cancelled after we produced bespoke scaled drawings for you, a reasonable charge for the drawings will apply.
3.9 Chelsea Upholstery & Interiors Ltd is constantly developing and improving its range of products and services and therefore we reserve the right to make technical alterations to the Goods or Services ordered, which may be different from the original specifications detailed on the Order Confirmation and or Quotation for technical or regulatory reasons.
3.10 When the goods are ready, you must accept them, and the furniture only leaves the company’s facilities when the customer pays the remaining 50% of the invoice.
If the supply of Goods or Services is interrupted or delayed by you, causing us a loss of output by our production, or requiring us to utilise storage space, we reserve the right to make a reasonable charge to recover such storage charges and any additional costs due to such delay, we will charge you a daily rate depending on the value and cubic size as agreed on the quote/ order confirmation.

4. Pricing and Payment Terms

4.1 The purchase price and contract sum payable and the estimated lead time for furniture manufacture are shown on the Order Confirmation. The price of each piece does not include delivery costs.
4.2 The purchase price shown on the Order Confirmation takes into account any discount or offers made available to you. Should we offer any other promotions or discounts after the date this Contract becomes legally binding, these offers will not be applicable or available to you.
4.3 Our payment terms are shown on the Order Confirmation, however, in general:
4.3.1 Where the quote includes the supply of furniture, a deposit of 50% of the purchase price is to be paid to us at the time of order along with an order confirmation, prior to the commencement of manufacturing of the furniture. We only start the project after the customer pays 50% of the total value and the remaining 50% of the purchase price is to be paid (cleared funds) prior to collection or delivery of the goods.
4.3.2 All payments, unless agreed otherwise, are subject to the addition of VAT which shall be applied at the rate current on the due date.
4.4 Payments are accepted by BACS, cheque, or cash. Cheques should be made payable to “Chelsea Upholstery & Interiors Ltd” and BACS payments made to the account details supplied on the Deposit Invoice.
4.5 Any cash payments must be advised to us and agreed by us in advance.
4.6 If any payments due to us under this contract are not received by the due date, then, without limit to any other right or recourse available to us, we may: –
4.6.1 suspend any further deliveries of Goods or the provision of Services to you, but such suspension shall not relieve you of your obligation to make payment under the Contract;
4.6.2 use any payment made by you to us for any Goods or Services supplied under any other order or contract between you and us either towards payment due under this Contract or otherwise towards any other outstanding debt owed by you to us as we see fit; and we reserve the right to charge you interest on any such outstanding sum from the due date for payment at the annual rate of 3% above the base lending rate of Bank of England, accruing on a daily basis until payment in full is made, whether before or after any judgement.

5. Delivery Dates and Delivery

5.1 Shipping services are available upon request. The estimated manufacturing lead time prior to delivery is as shown on the Order Confirmation or, as may at our discretion be confirmed in writing to you by us. These lead times are estimates only and, as a bespoke manufacturer, timings can vary depending upon the complexity of the project and we cannot be held liable for any loss or damage resulting from a delay in the delivery of the Goods or Services.
5.2 Manufacture/lead time will not commence until drawings if required, and all specifications and information required have been approved by you in writing.
5.3. We usually give a production lead time of up to 16 weeks, but in the unfortunate circumstance the lead time is delayed both parties can agree to extend to an arranged date.
5.4 Where we have agreed to deliver the goods, we will agree on a date with you in advance for the delivery of the goods. All deliveries are to the kerbside only and it is your responsibility to ensure that you have sufficient labour available for off-loading. Should this not be the case and the delivery is aborted, or if no one is there to accept the goods when we arrive to deliver the goods, you agree to pay the additional re-delivery cost as initially charged plus any associated costs (warehousing costs, handling costs, …).
5.5 We shall not be liable for the non-delivery of any goods or services (even if caused by our own negligence) unless you have given us written notice of the non-delivery within 7days of the date when the products should have been delivered. Any liability on our part for non-delivery of the products shall be limited to replacing the missing products within a reasonable time frame.

6. Goods and Services

6.1 The Goods or Services will be provided according to the specifications shown on the Order Confirmation unless specified otherwise and confirmed in writing to you by us, however, Chelsea Upholstery & Interiors Ltd reserves the right to make any changes in the specification of the Products that may be required to conform to any applicable safety or other legal or regulatory requirements, or that improve the specification.
6.2 We offer 2 years warranty on our products. Any Warranty provided by Chelsea Upholstery & Interiors Ltd will only be applicable or available to you once we have received full payment of the contract sum.
6.3 All warranties available to you are as documented in the Chelsea Upholstery & Interiors Ltd Warranty document unless otherwise confirmed by us to you in writing.
6.4 Photos from Chelsea Upholstery & Interiors Ltd cannot be used by anyone else unless they are used for project-related purposes or the customer receives full permission from the company to use the photos in writing.

7. Cancellation of the Contract

7.1 From the date of the Order Confirmation and us receiving the deposit, you may cancel the Contract by giving us written notice.
7.2. If you cancel the job, we will keep all the associated costs we had with the project so far and only return the rest. If you instruct us to proceed with the production of drawings and/or proceed with the manufacture, and then request to cancel, we shall be entitled to charge for the works conducted to date or any loss in material or manufacturing costs.
7.3 Should any cancellation or early termination occur, any and all monies due by you to us shall become due for immediate payment despite any other clause or agreement in place prior to such cancellation.

8. Risk, Title, and Insurance

8.1 Risk of damage to or loss of the Goods shall pass to you at the time of delivery of the Goods to your property.
8.2 It is your own responsibility to ensure that the goods are insured from the time they are delivered to your property.
8.3 The goods remain the property of Chelsea Upholstery & Interiors Ltd until we have received full payment of the contract price. Until then, the Goods remain our property but that will not prevent us from recovering payment from you of any amounts due under the Contract.

9. Limitation of Liability

9.1 The following provisions set out the limits on our liability (including any liability for the acts or omissions of our employees, agents, and sub-contractors) to you in respect of any breach of the Contract or these Conditions, any use made by you of any of the Goods, or of any product incorporating any of the Goods; any representation, statement or act or omission of the Company including negligence arising under or in connection with the Contract.
9.2 The only warranties given to you by us in relation to the Goods and Services are contained in the Chelsea Upholstery & Interiors Ltd warranty document provided to you. All other representations, warranties, conditions, and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
9.3 Nothing in these “Terms & Conditions” excludes or limits our liability for death or personal injury caused by our negligence, or under Part 1 of the Consumer Protection Act 1987; or for any matter which it would be illegal for us to exclude or attempt to exclude its liability; or for fraud or fraudulent misrepresentation; or for any liability incurred by you as a result of any breach by us of the condition as to title or the warranty as to quiet possession implied by either section 12 of the Sale of Goods Act 1979 or by section 2 of the Supply of Goods and Services Act 1982. Subject to clauses 9.1 and 9.2
9.4 Our liability for any breach of the Contract or negligent act or omission or any other claim you may have against us relating to the Contract shall be limited to reimbursing the Price (or that part of the Price that has been received by us) together with any reasonable losses, costs, and expenses incurred by you as a direct result of our breach of the Contract or negligence or other act or omission. The claim of damage must be presented within 3 days of delivery; after that we will not accept it.
9.5 We will not be liable to you for any other loss, either direct or indirect, financial, contractual or otherwise, including but not limited to financial loss, loss of profit, loss of business or depletion of goodwill whether direct or indirect or for any loss or damage or due to any delayed or late delivery of the goods and or services.
9.6 If the performance of our obligations under the Contract is prevented or delayed by any act or omission of yours or your agents, subcontractors, consultants, or employees, we shall not be liable for any costs, charges, or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.

10. Assignment

10.1 We may assign the Contract or subcontract the works to any person or company as long as your rights under the Contract will not change because of it.
10.2 You are not entitled to assign the Contract, or any part of it, without consent from us, in writing, in advance.

11 Force Majeure

11.1 We shall not be held liable or responsible to you, nor be deemed to have defaulted under or breached this Contract for failure or delay in fulfilling or performing any term of this Contract to the extent, and for so long as, such failure or delay is caused by or results from causes beyond our reasonable control including but not limited to fire, floods, embargoes, war, acts of war (whether war be declared or not), acts of terrorism, insurrections, riots, civil commotions, strikes, lockouts or other labour disturbances, acts of God or acts, omissions or delays in acting by any governmental authority or our inability or delay in obtaining supplies of suitable materials.

12. Data protection

12. 1. If the Customer is purchasing Goods as a Consumer, the Company will use the personal information the Customer provides:
• to supply the Goods to the Customer;
• to process the Customer’s payment for the Goods; and
• if the Customer agrees to this during the order process, to inform the Customer about similar Goods that it provides, but the Customer may stop receiving these at any time by contacting the Company.
12.2. The Company will only give the Customer’s personal information to third parties where the law either requires or allows it to do so.
12.3 All personal information that We may use will be collected, processed and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy http://chelseaupholstery.co.uk/privacy policy.

13. Total Liability

13.1. Under no circumstances shall the Company have any liability of whatever kind for:
• any defects resulting from wear and tear, accident, improper use by the Customer or any third party storage of the Goods by the Customer otherwise than in accordance with the instructions or advice of the Company or materials provided by the Customer;
• Goods which have been adjusted, altered, modified, repaired or had other work carried out otherwise than by the Company;
• the suitability of the Goods for use under specific conditions whether or not the conditions were known or communicated to the Company although advice provided on the request of the Customer is given to the best of the Company’s knowledge and on the basis of research and experience;
• any information, recommendations, statements or advice furnished by the Company, its servants or agents not given in writing in response to a specific written request from the Customer before the Contract is made; or
• In no event shall the Company’s liability to the Customer under or in connection with matters arising from the Contract, however arising, exceed the Contract Price.

14. Indemnity and Release

You agree to release, defend, indemnify, and hold Chelsea Upholstery & Interiors Ltd and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your violation of these Terms; (b) your User Content; (c) the request or receipt or offer or provision of business Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such business Services. (d) You agree to release Chelsea Upholstery & Interiors Ltd from any and all claims, demands, actions, causes of action, suits, sums of money,
judgements, controversies, and liabilities whatsoever, at law or in equity, arising from or in any way resulting from your use of this website, as far as the law permits.

15. Confidentiality

15.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
15.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
15.3. This clause shall continue notwithstanding termination of these terms and conditions.

16. Jurisdiction

The Contract shall be governed by English law and the Customer consents to the exclusive jurisdiction of the English Courts in all matters regarding the Contract except to the extent that the Company invokes the jurisdiction of the courts of any other country.

Please find below some information regarding our furniture:

– Warranty – Every item of furniture is held to a two year commercial manufacturers guarantee. This is for the structural integrity of the item, we can not however be liable for damage of the final top layer of fabric/leather or damage which can be deemed as misuse.
– Damage – If in the case an item needs replacing due to warranty defects we will produce a new item free of charge and organise packing/shipping. As the items are of a bespoke nature there will be a lead time attached to production, to be discussed at time of issuing claim.

CARE INSTRUCTIONS

LEATHER UPHOLSTERY

• Wipe down with a dry cloth only.
• Blot all spills immediately with a clean, dry cloth.
• Do not rub.
• Do not use abrasive or corrosive cleaners as they will damage the Leather.
• Avoid direct sunlight.

FABRIC UPHOLSTERY

• Pile Fabrics may require brushing with, soft bristle brush to restore appearance (nonmetallic).
• To prevent overall soiling, frequent vacuuming or light brushing with a non-metallic, soft bristle brush to remove dust and grime is recommended.
• When cleaning a spill, blot immediately to remove spilled material.
• Evenly clean the entire upholstered panel in a seam to seam fashion.
• We highly recommend having your upholstery professionally cleaned.

WOODS

• Never use harsh chemical cleaners as they will dull the surface and remove the protective varnish layer, making it vulnerable to dirt.
• Cleaning should be carried out with a clean, dry, lint-free cloth from cotton or another material.
• Alternatively, the cleaning is carried out with a clean, damp cloth with water, then drying it with a clean lint-free cloth.
• Avoid using cleaning products with harsh chemicals or detergents.

METALS

• All parts with powder coating finish and acid/wax finish should be cleaned with soft cloth and can be polished with soft oil. Dry immediately after cleaning and shine with soft cloth.
• Brass finishes can be rewaxed or left to age further and add to the patina, best to use dry cloths.
• Avoid using harsh cleaning chemicals.

Commercial FR Standards

• All of our indoor upholstered items of furniture are produced using CHMR foam inners.
• Internal materials are also supplied FR treated; these include Dacron polyester wadding/fibre balls & Calico Interliners.

This document was last updated on February 01, 2023

RETURN AND REFUND POLICY

Thank you for your purchase. We hope you are happy with your purchase. However, if you are not completely satisfied with your purchase for any reason, we don’t offer refunds or exchanges on bespoke made-to-order items. For more information on our return policy, please contact us via the contact form at http://chelseaupholstery.co.uk or our customer support team at info@chelseaupholstery.co.uk.

Refund

You have the right to return and receive a refund if the Product is defective and not as described. If the Products we deliver to you are defective or are not as described on our Website, you should contact us and report such defect or misdescription as soon as possible (we ask that this is within 3 days from delivery of the Products and if possible we ask that you send us a photograph as evidence of the defective or misdescribed Product – this will assist in processing your refund or replacement quickly).
Due to the customised nature of the product, customers are unable to “change their minds.” Refunds will not be offered if the defect was caused by your own actions, such as product abuse, misspelt customisation, or uploading a picture with poor quality or size.
If the period of 3 days has elapsed since the purchase for a claim of damage, we can’t, unfortunately, offer you a refund.

Proof of purchase

To complete your refund, we require a receipt, purchase order or other proof of purchase. Please note that without the aforementioned proof of purchase, we will not issue a refund.

Contacting us

If you would like to contact us concerning any matter relating to this Refund Policy or get other assistance with your purchases, you may do so via the contact form on our website or contact our customer support team at info@chelseaupholstery.co.uk.

Revision Date

This Refund Policy was last updated on 01 February 2023 (“Revision Date”). If you were a user before the Revision Date, it replaces the existing Refund Policy.

DISCLAIMER

The information provided by Chelsea Upholstery & Interiors Ltd (“Company”, “we”, “our”, “us”) on http://chelseaupholstery.co.uk (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site.

CONTACT US

Should you have any feedback, comments, requests for technical support or other inquiries, please contact us by email: info@chelseaupholstery.co.uk.