General Terms & Conditions

SOFA ART LTD - Standards Terms and Conditions for the Supply of Goods

  1. Interpretation
    1. Definitions: To make these Terms and Conditions easy to read we have defined some of the words. In these terms and conditions, the following definitions apply:
      Highly customisable product: The supply of good that is made to the consumer’s specifications or are clearly personalised in terms of size, upholstery or any other design alterations.
      Business Day: A day (other than a Saturday, Sunday or public holiday) when banks in London usually are open for business.
      Company, We, Us, Our: Sofa Art Ltd., its website, representative, employee and subcontractors (delivery, after-sales team, etc.).
      Conditions: The terms and conditions set out in this document.
      Products: The products, articles or items (or any part of them) which are available for purchase OR set out in the Order, as the case may be.
      Order: Your order for the products, as set out in the purchase order form OR your written acceptance of our quotation or overleaf, as the case may be.
      Website, Site: www.vamosi.co.uk
    2. Construction: In these terms and conditions, the following rules apply:
      a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
      b) A reference to a party includes its personal representatives, successors or permitted assigns.
      c) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
      d) These terms and conditions are drafted in the English language. If they are translated into any other language, the English language version shall prevail.
  2. These terms​​​​
    1. What these terms cover: These are the terms and conditions on which we supply products to you.
    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 or require any changes please contact us to discuss.
    3. Our right to vary these terms:
      1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
      2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 7 days of receipt by you of the product.
  3. Information about us and how to contact us
    1. Who we are: We are Sofa Art Ltd, a company registered in England and Wales. Our company registration number is 09053403 and Our registered office is at 1st Floor (North) Devonshire House, Devonshire Street, London, W1W 5DS. Our registered VAT number is 270403731. Our showroom is located on 27 Cricklewood Broadway, NW2 3JX.
    2. How to contact us: You can contact us by telephoning us  at +44 (0) 208 2083808 or by writing to us at sales@vamosi.co.uk
    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.
    4. "Writing" includes emails: When we use the words "writing" or "written" in these terms, this includes emails.
  4. Our contract with you
    1. How we will accept your order:
      a) After placing an order online [including clicking “complete order” and accepting the Conditions],  you will receive an e-mail from us acknowledging that we have received your order. Please note that this means that your order has been accepted. Your order constitutes an offer to us to buy a Product in accordance with these terms and conditions. All orders are subject to availability and to acceptance by us, and we will confirm our acceptance to you by sending you an e-mail that confirms that your order has been received, (the sales order acknowledgement). The contract between us will only be formed when we send you the Sale Order Acknowledgement.
      b) The order is constituted in our showroom by mutual agreement and signing of the Sales Order Acknowledgement and acceptance of the Terms and Conditions.
      c) We take payment after we have sent out the Sale Order Acknowledgement or both parties have signed it.
      d) We reserve the right to refuse to supply any individual or company.
      e) The Contract only applies to those Products which appear on the Sales Order Acknowledgement. We will not be obliged to supply any other Products which may have been part of your order until the such Products has been confirmed in a separate Sales Order Acknowledgement.
      f) You are responsible for checking and confirming that all details of your order are suitable for your requirements, including specifications, measurements, dimensions, features, access and delivery.
      g) Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document issued by us will be subject to correction without any liability on our part.
    2. If we cannot accept your order:  If we are unable to accept your order, we will inform you of this [in writing/ by email] and will not charge you for the product. This might be for example because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for , because a credit reference we have obtained for you does not meet our minimum requirements, 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. Please note that, on rare occasions, stock may become unavailable after we have accepted your order. In such circumstances, we may need to cancel the contract with you. In such circumstances, if we have taken payment from your credit card or debit card we will refund the amount paid by you in full and we will thereafter have no other liability to you.
    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 contract: The contract constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in the contract. SEE: Clause 22
    5. We only sell to the UK: Our website, emails, social media platforms, brochures and promotional materials are solely for the promotion of our products in the UK. We do not accept orders from or deliver to addresses outside the UK.
  5. Product specification
    1. Products may vary from their pictures on our website or from displayed products. The images, drawings, sample and any other description of the products in our website, emails, social media platforms, brochures and promotional materials and the products (including fabric samples) on display in our showrooms are for illustrative purposes only. The character of furniture and the number of cushions may vary depending on the size of the furniture.
    2. Although we have made every effort to display the colours accurately online, we cannot guarantee that a device's display reflects the colour of the products accurately. Your product may vary slightly from those images or from the products on display.
    3. The details, makes and designs of our products are constantly changing due to our continuous product development thus we reserve the right to change the specification of our products without prior notice in relation to future sales. Please check our website from time to time to ensure that you are happy with any changes. If you have any questions or need further information about our practices, please contact us at email address, address or contact number.
    4. Leather Products are made from quality natural leather and accordingly they may not be uniform in colour or texture. Some leathers will show natural marks and scars on the hide. Some leathers will mellow with age and exposure to sunlight and heat. Unless agreed with you, the products supplied will be of equivalent value, functionality and appearance.
    5. Some furniture has quality natural wood exposed, for example legs. Some woods will mellow with age and exposure to sunlight.
    6. There can be slight variations between fabric batches. The most common variation is that of colour – though the actual variation is often almost negligible or very slight. Whilst we guarantee to make all your order from the same batch, we cannot guarantee that subsequent orders will match your original order.
    7. We cannot accept any responsibility for fading or discolouration due to exposure to direct or indirect sunlight. Sunlight affects different fabrics in different ways, but sunlight, whether direct or indirect, will nevertheless always affect fabric colour. Darker fabrics, because they have further to fall, are likely to discolour and fade more. Different fabrics, dark or light are liable to fade or discolour at different rates. We also cannot accept any responsibility for fading or discolouration due to exposure or contact with any chemicals sprayed nearby or applied directly.
    8. We will endeavour to match the colour and texture of the fabric of your product to the samples chosen as accurately as possible, but variations in both the colour and texture may occur.
    9. Stripe, check & pattern fabrics may not be cut & upholstered exactly as depicted on this website as each items is individually hand made for you.
    10. Whilst we measure our furniture as accurately as possible, it is handmade and small variations can occur.
    11. Product packaging may vary. The packaging of the product may vary from that shown on images on our website or in our catalogue or brochure.
  6. Changing your own order before delivery takes place
    1. If you wish or need to make changes to your order, [whether or not the extent of the changes required is known], please contact us as soon as possible and request in writing that the order is placed on hold so that no further processes are carried out. The order will only be taken off hold once you have confirmed us in writing which changes are required.
    2. If it is possible to change your order we will let you know about any changes to the price of the product, the timing of supply and 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.  In the event that you cancel an order, you may be responsible for all the costs incurred by the company up to the point of cancellation.
    3. Selected upholstery items are  highly customisable. They are produced only upon the request and confirmation of your order. Any cancellations for  highly customisable items will need to be made within 14 days from the date your order was placed, or in accordance with your rights under the Consumer Contract (Information, Cancellation, and Additional Charges Regulations, 2013)  after which all goods noted as  highly customisable on our website will be subject to a cancellation charge of 30% of the price of the goods. This will be deducted from any refund due to you.
    4. Please note that you cannot change or cancel your order once you have opened the original packaging of the product ordered. In case case the provisions of the Cancellations and Return must be applied.
  7. Our rights to make changes
    1. Minor changes to the products: We may change the product to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. These changes should not affect your use of the product.
    2. Changes to the main characteristics of our products: We will notify you if we make changes to the main characteristics of our products and you shall let us know if you agree to those changes. If you do not agree with those changes you may contact us to end the contract and receive a full refund. For the sake of greater clarity  this clause does not apply to the changes mentioned in the previous clause and to changes required by relevant laws and regulatory requirements.
  8. Delivery of the product
    1. Delivery costs: The standard cost of delivery will be as set out in the order confirmation.  The cost of delivery will be charged in addition to the price of the product purchased.  For non standard deliveries (e.g. awkward access, window deliveries, specialist vehicles, etc.) and those to the following areas an additional charge will be made and we will provide a price on application. A standard delivery and installation is when your furniture will fit freely and easily in to your room of choice. Standard delivery and installation is a two-man service. Our standard delivery charges include no allowance for removal of doors, windows or other fixtures.
    2. Delivery date:
      a) We will deliver the products to you as soon as reasonably possible and in any event within 8-12 weeks after the day on which we accept your order. We will contact you with an estimated delivery date (Dispatch confirmation) once your product has arrived to our distribution centre. Delivery dates cannot be booked in until your product  has arrived and been unloaded at our UK distribution centre and have been paid for in full.
      b) Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence the contract. Occasionally a delivery date may be postponed. This may occur for various reasons for example material shortages, import delays, higher than anticipated demand for a product, adverse weather conditions or vehicle breakdown. We will keep you informed if a postponement is necessary and discuss revised time scales with you. 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 Company.
      c) Only once we have received the balance of any monies due in cleared funds (including any potential storage charge), will our logistics company be able to confirm your actual delivery date. This  provision does not apply to products are parts of our finance agreement.
      d) We are unable to store your order and must be able to deliver the furniture into your home within 14 days of its arrival to our distribution centre. If we are unable to do so due to your default, charges (£30 per week) will incur, payable prior to delivery. After the expiry of 2 months your order shall be cancelled and we shall return the balance of the monies due to you, less the deposit and an administration charge of £50 and any charges incurred.
      e) Please note in the case of stock/ clearance/ ex-showroom items the 14-day period commences the next working day from when the order is placed.
    3. Delivery service:
      a) The standard delivery service provided by us is to a room of your choice. We will assembly the product using your own tools. We will also remove the packaging from the premises and discard or recycle it in accordance with the legal requirements.
      b) All deliveries are carried out by insured and qualified professionals using  3.5 tonnes van  or 7.5 tonnes trucks. A 4-hour delivery slot is given as standard.
      c) You must ensure that on the day of delivery (or collection if appropriate), the access to the room where the product is being delivered to (or collected from) is safe, clear and free from obstruction. If you or a nominated adult are not available or the access is not safe, clear and free of obstruction then we will not be able to deliver (or collect) the product. Should windows or doors need to be removed to allow access, it is your responsibility to arrange this at your own cost and your own risk. If there is parking fee / permit or congestion charge to be paid it is your responsibility to pay all the costs related to the delivery of your products.
      d) By accepting the conditions you authorise us to take pictures of the assembled product as acknowledgement of the condition of the product delivered.  If you refuse us to take pictures of your products delivered we assume that it has been delivered in perfect condition based on clause.
      e) A signature will be required to acknowledge delivery and that the product is in perfect condition. The signature of the person accepting delivery at the delivery address will be proof that you or the person to whom the order is addressed has received delivery and of the condition of the product at the time of delivery. Writing “unexamined” or “unchecked” will not be acceptable.
      f) You must check the condition of the products upon delivery and inform the delivery carrier of any defects or problems with the Products at that time. For smaller items that we send by parcel courier, there is no obligation to check the Products while the courier is with you. However, you are required to inspect the products for visible damage within 1 working day  of the delivery date and advise us if damage has been found so that we can arrange a replacement or refund. After this time, we will not accept responsibility for any damage reported, given the possibility that damage may have occurred after Products have been delivered. The delivery carrier will direct all queries at this stage to us and we will endeavour to agree a means of curing such defects or problems with you. If you deem the product damaged please retain the packaging!
      g) If you choose not to have the Products unwrapped at the time of delivery, we do not accept responsibility for any defects or problems that would have been revealed by a proper check of the unwrapped Products upon delivery.
      h) We endeavour to ensure that our delivery team are polite and exercise all reasonable skill and care in delivering the product to you and in its assembly (if required). To the fullest extent permitted by law we shall not be liable to you for any accidental damage to your property or person resulting from delivery of our products.
      i) If we accidentally damage your product in the course of delivery, then our liability for that damage is limited to the repair, replacement or refund of the goods or the value thereof.
      j) If you choose to have your products delivered to your own third party carrier, we will not accept any responsibility or liability for any damage to your product(s) once they are out of our control. Any forwarding delivery is at your own risk.
      k) If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours. Please notify us in advance in writing when you would like to collect your product so we can prepare ourselves both in operational and administrational aspect!
      l) If no one is available at your address to take delivery or we can not delivery your product due to reasons mentioned in clause 8.3) c) , we reserve the right to store the products until delivery takes place and charge you for storage costs and any further delivery costs (standard or non standard delivery cost applies). We will contact you to rearrange delivery or collection of the product. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery [or collection] we may end the contract.
      m) If you cancel your confirmed and agreed delivery or collection within 48 working hours of the agreed delivery/ collection date and/or time we reserve the right to charge you for any subsequent deliveries/collections.
      n) If you do not wish to treat the contract as at an end, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
    4. Late delivery:
      You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end if any of the following apply:
      a) we have refused to deliver the goods; or
      b) you told us in writing before we accepted the order that delivery within the delivery deadline was essential; or
      c) delivery within the deadline was essential (taking into account all the relevant circumstances)
  9. Event outside our control
    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 (Force Majeure Event).
    2. Event outside our control t includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
      a) Strikes, lock-outs or other industrial action.
      b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
      c) Fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster.
      d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
      e) Impossibility of the use of public or private telecommunications networks.
      f) The acts, decrees, legislation, regulations or restrictions of any government.
    3. Our performance under any Contract is deemed to be suspended for the period that the “Event outside our control” continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the “Event outside our control” to a close or to find a solution by which our obligations under the contract may be performed despite the “Event outside our control”.
    4. 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.  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.
  10. Suspension of supplying the product
    1. Besides the above mentioned (“Events outside our control”) reasons 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;
      c) make changes to the product as requested by you or notified by us to you.
    2. We will contact you to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it for a period of more than 1 month and we will refund any sums you have paid for the product.  you may be responsible for all the costs incurred
  11. Title and risk
    1. The product will be your responsibility from the time we deliver the product to the address you gave us [or you collect it from us]. We reserve the right to satisfy ourselves that the person who accepts delivery at the address you have provided is you (or is a person authorised by you to accept delivery of the product). Same policy applies to collection.
    2. You own a product once we have received payment in full (including delivery charges) in cleared funds.
  12. Guarantee
    1. Our furniture carries a 10-year frame and spring guarantee (from the date of delivery) against faulty workmanship and/or faulty materials (warpage and breakage), with the exception of fillings, coverings, legs and sofa bed parts. They carry 1-year guarantee. All products are clearly marked on our website with the applicable guarantee. All the mattresses we supply have a 6-year guarantee (from date of delivery) and 1-year mattress cover guarantee covered by the manufacturer’s guarantee. Any claim must be addressed to the manufacturer directly.
    2. In the event of a claim under this guarantee being made against your product the following will apply:
      a) Any claim must be in writing and be accompanied with the proof of purchase (your sales invoice number or contract), your address, contact details and a summary of the problem (and photographic evidence of the failure).
      b) We will either arrange a visit to inspect the product or arrange for collection of your product at our cost and will carry out an inspection.  We reserve the right to make a charge to cover any reasonable costs if the products have not been properly used, maintained or stored.
      c) If there is a genuine fault with the product that is due to faulty workmanship we will repair the product. If a repair is not possible in reasonable period you will be offered a replacement and only if a suitable replacement is not available will you be offered a full or partial refund dependant on the age of the goods. In the event of a replacement, you will be liable to pay any difference in price.
      d) You may transfer our guarantee to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant product.
      e) The guarantee does not cover fair wear and tear, neglect, abuse or misuse, lack or improper maintenance of your product, modifications, 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 (i.e moths), or theft, or accidental damage or loss caused by a third party.
      f) We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged over and above the value of the Product itself. This does not affect your statutory rights.
      g) The guarantee is limited to products sold and retained in the United Kingdom, and used solely for private and domestic purposes.
  13. Cancellations, Returns and Refund
    1. Cancellations: For most products bought online you have a legal right to change your mind within 14  days and receive a refund in accordance with Consumer Contracts Regulations 2013.
    2. You do not have a right to change your mind in respect of:
      a) Product was purchased in store;
      b) Products that are made to the consumer’s specifications or are clearly personalised.
      c) Products sealed for health protection or hygiene purposes once these have been unsealed after you receive them. For example, mattresses.
    3. To cancel a contract, you must inform us in writing or by telephone and we will confirm cancellation, terms and details by email.
    4. The company reserves the right to cancel any order, up to the point of despatch, for any product we are unable to fulfil or we feel the quality of the product does not meet our standards.
    5. Return and Refund:
      a) If the products have been processed for delivery or have been delivered at the time you notify us of your wish to cancel the order, then the product must be returned to us at your own risk. We will arrange for the product to be collected from you either by us or by a third party.  If we are unable to collect the product at the agreed time due to your actions, we reserve the right to make a charge for any subsequent collection of the product.
      b) You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation you will be liable for the cost of any reduction in the value of the products that was caused due to not taking reasonable care of them and we will reduce your refund to reflect any reduction in the value of the goods.
      c) Mattresses must be returned unused and still in their original, sealed packaging due to hygiene reasons.
      d) Subject to our being satisfied that reasonable care has been taken of the products we will process the refund to you as soon as possible, and, in any case, within 14 days following the day on which you have given notice of your cancellation of the order. In these circumstances, we will refund the price of the product in full. A second charge will be applied for the collection of the goods, this will be equivalent to the delivery charge paid. Alternatively you can return the goods to our central warehouse where no second charge will be made. We will not refund any permit, parking fee or congestion charge costs you were responsible for during delivery.
      e) If you have cancelled the order and the products have not been delivered, then we will process the refund due to you as soon as possible and, in any case, within 14 days of the day following the day on which you gave us notice of cancellation of the order.
      f) If you cancel the order for any other reason (for example, if you think the products are defective or they do not match their description), we will collect the products from you and examine the returned products. We will notify you of our decision regarding a refund within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund.
      g) Nothing in these terms and conditions affects your statutory rights in respect of defective products.
      h) At our discretion, you may still cancel a contract with us within 14 days for bespoke product however a restocking fee of 60% will be deducted from your refund as well as any delivery costs.
  14. Right to end contract
    1. Your right to end the contract: If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you within 30 days in full for any products which have not been provided or have not been provided properly. The reasons are:
      a) We have told you about an upcoming change to the main characteristics of a product which you do not agree to.
      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 products for technical reasons, or notify you 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.
    2. If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. If you are ending the contract because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances you must pay the costs of return.
    3. Our rights to end the contract:
      We may end the contract for a product at any time by writing to you if:
      a) you do not make any payment to us when it is due and you still do not make payment within 7 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;
      c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
    4. Compensation:
      a) If you break the contract in accordance with clause 3) and upon providing you with 30 days  notice, we reserve the right to sell your product(s) to a third party in an attempt to recover any costs we have incurred up to the date of ending the contract. In the event that the consideration received for the product(s) exceeds any costs incurred by us we will refund the balance (less the deposit) to you
      b) If we end the contract in the situations set out in clause 3 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you for the costs we will incur as a result of your breaking the contract.
    5. Withdrawal of the product: We may write to you to let you know that we are going to stop providing some of the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
  15. Pricing and payment
    1. The price of the product (which includes VAT) will be the price set out in your order unless we have agreed another price in writing. Any price quoted by us is not the final price and is not binding on us. Please see clause 3) for what happens if we discover an error in the price of the products you order. Please note that the price will not include delivery costs.
    2. 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.
    3. By law, we can only sell products at the correct price at the time of your order, not the price when items are added to your wish list.
    4. 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 by us, we will, at our discretion, either contact you for instructions before we dispatch the product, or reject your order and notify you of the rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have accepted payment and/or sent you an order acceptance, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
    5. You can pay for your order by all means available on our website. All payments will be processed by a secure process data encryption so that no information provided by you is intercepted by third parties.
    6. By submitting an order to us through our website, you are confirming that the payment details provided on your order are valid and correct. Notwithstanding that an order may not have been accepted, we will process your credit or debit card details immediately after you place your order.  The balance due including the delivery charges must be paid within 5 working days after the notification of arrival of your product ordered at our distribution centre. The notification of arrival of your product will be sent out via email. Please note that delivery of the products to you is conditional upon payment first having been made in full.
    7. There is no surcharge for payment with card. We do not accept cash, cheques or gift vouchers as payment online.
    8. All prices and descriptions supersede all previous publications.
    9. The order is valid if the buyer has paid minimum 25% of the purchase price of the furniture and 100% of the other services – fabric and size surcharge.
  16. Liability
    1. We guarantee to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
    2. 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.
    3. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
    4. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
    5. This does not include or limit in any way our liability:
      a) For death or personal injury caused by our negligence;
      b) Under section 2(3) of the Consumer Protection Act 1987;
      c) For fraud or fraudulent misrepresentation; or
      d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
    6. 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.
    7. We are not liable for other specific losses as set out in this terms and conditions.
  17. Written communications
    Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
  18. Notices
    All notices given by you to us must be given to Sofa Art Ltd. At 27 Cricklewood Broadway, NW2 3JX or sales@vamosi.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
  19. Transfer of rights and obligations
    1. The contract between you and us is binding on you and us and on our respective successors and assigns. In accordance with the Contracts (Rights of Third Parties) Act 1999 no other person shall have any rights to enforce any of its terms, except we have consented to a transfer of your rights and obligations.
    2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
    3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
  20. Waiver
    1. If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
    3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with “Writing communications” and  “Waiver” clauses.
  21. Severability
    If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  22. Entire agreement
    1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
    2. We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
    3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
  23. Law and jurisdiction
    Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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