Terms

The Grey Sofa Terms

  1. About us

1.1 Our website www.thegreysofa.com is a site operated by GREY SOFA LTD. We are registered in England and Wales under company number 1502 8300 and our registered office is 44 Rose Lane, Norwich, NR1 1PN. You can email us here sales@thegreysofa.com.

1.2 These are the terms and conditions on which we supply products to you, being goods. This page tells you information about us and the legal terms and conditions on which we sell any of the products listed on our website to you. Please read through these terms and conditions before placing your order. They do not affect your statutory rights.

Placing an order on with GREY SOFA LTD constitutes your agreement to be bound by these terms and conditions. GREY SOFA LTD reserves the right to change these terms and conditions from time to time without notice to you. Your contract with us will be governed by the terms and conditions in place when your order is accepted.

You will be requested to read and accept these terms and conditions every time you place an order. For this reason, we encourage you to review them whenever you use this website to ensure that you are familiar with the latest terms and conditions. Before placing your order, if you have any questions relating to these terms and conditions, please contact us.

  1. Service availability

2.1 Our site is intended for use by people resident in the UK only. Delivery and returns policies differ according to whether you are resident in the UK mainland and non-mainland UK.

  1. Your status

3.1 By placing an order through our site, you warrant that:

  • you are legally capable of entering into binding contracts
  • you are at least 18 years old
  • you are resident in the UK; and
  • you are accessing our site from the UK
  1. How the contract is formed between you and us

4.1 The contract between us (Contract) will only be formed, after placing an order, and payment has been received in full.

4.2 The Contract will relate only to those Products in the Order. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed.

  1. Consumer rights

5.1 This section 5. Consumer rights applies only to individuals who order from us. It does not apply to business or commercial customers or those individuals who purchase a Product for business or commercial use.

5.2 If you are contracting as a consumer, you may cancel a Contract at any time within 14 days (14 day cancellation period), beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refunds and Returns Policy (set out in clause 11. Our refunds and returns policy below). 

5.3 To cancel a Contract, you must inform us in writing or by email or by telephone. In addition, the Products must be in the same condition in which you received them which means, for the avoidance of doubt and without limitation, that they must be in perfect resaleable condition and undamaged in any way. You have a legal obligation to take reasonable care of the Products while they are in your possession. You may also cancel your Order by completing our cancellation form which is available on request.

  1. Products and services

6.1 The images of the products on our website are for illustrative purposes only. We endeavour to display as accurately as possible the colours of our products on our website, however, as different computers display colour tones differently we cannot guarantee the complete accuracy of the pictures or photographs that are shown. Also we cannot guarantee the colour on any samples within the sample pack, even with the greatest care these can vary between batches of fabric in production. You can request a colour match swatch from a batch of fabric currently stocked by our suppliers, that we will reserve, that will guarantee the exact fabric used on your product.

6.2 All descriptions of the Products on our site are correct at the time of publication on our site. 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.

6.3 The measurements of the Products are as accurate as possible, but are nevertheless approximate.

6.4 It is your responsibility to check that all the details on the order form are correct, including the exact specifications of the Products and delivery details.

6.5 Our Products are intended solely for domestic use in the UK and we give no guarantees or undertakings in respect of the use of our Products for commercial purposes. By agreeing to these terms and conditions, you agree that we are in no way responsible for any non-domestic or commercial use of our Products and that you have no rights to cancel this purchase if you are purchasing the Product in a business capacity.

6.6 Our products are manufactured to order, and stock availability from our suppliers cannot be guaranteed, subsequently delivery dates provided on the website and subsequently communicated in any form are estimates and cannot be guaranteed.

  1. Delivery

7.1 Either we or our nominated delivery partner will contact you to notify you when your Products are available and will arrange a date for delivery to the UK address specified by you.

7.2 Either we or our nominated delivery partner will deliver your Products to any UK mainland address (excluding Northern Ireland. We reserve the right to require proof of identification from you when making a delivery to you.

7.3 You are required to take delivery on the date agreed between us, otherwise we reserve the right to charge you a redelivery fee, payment of this fee will be required before redelivery.

7.4 Time of delivery is not of the essence in these terms and conditions. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any delay.

7.5 For deliveries of large items to addresses in mainland UK, our nominated delivery partner will exercise every caution and extend every courtesy during delivery and assembly. Neither we nor they can be held liable for any accidental damage to your property or person, however caused, and only enter your premises under these conditions.

7.6 Our nominated delivery partner will use reasonable endeavours to deliver large items to a room of your choice. The room must be accessible to two delivery people either on the ground floor or via adequate stairs or elevator and without the need for mechanical lifting equipment. Delivery is always subject to the health and safety of the delivery personnel including manual handling guidelines and regulations as laid down by the Health and Safety Executive (www.hse.gov.uk).

7.7 At the time of delivery the Products will usually be unpacked and assembled. A signature from a person of at least 18 years old will be required to acknowledge delivery and acceptance of the goods. Without this signature the goods will be returned, and have to be redelivered (see section 7.3). 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.

7.8 You are responsible for checking the condition of the Products delivered and must highlight any issues upon receipt with the delivery carrier. The delivery carrier will direct all queries at this stage to us and we will agree a means of resolving the issues that are presented at this time.

7.9 Your Products will be constructed to the highest possible standards. Should you have any concerns prior to or following delivery please contact us.

  1. Guarantees

8.1 The provisions of this clause 8. Guarantees apply in addition to your statutory consumer rights in relation to faulty or mis-described goods. These rights are not affected by the guarantee.

8.2 All our sofa, armchair and footstool frames have a lifetime guarantee from the date the order was placed. This lifetime frame guarantee is against faulty workmanship and/or faulty materials, it does not apply to springs, cushion interiors, feet/legs, foam internals or fabric coverings.

8.3 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, heat or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, damage by animals generally or theft, or accidental damage or loss caused by a third party. If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau of Trading Standards Office.

8.4 In the event of a claim under guarantee occurring, please contact help@thegreysofa.com

giving your sales invoice number, your address, contact details and a summary of the problem with accompanying photos if requested. A visit from one of our technicians may also be required to assess the issue. We will then notify you whether the claim is valid via telephone or e-mail within a reasonable period of time.

8.5 In the event of an accepted claim we will endeavour to repair the defective goods free of charge. If a repair is not possible you will be offered a replacement.

8.6 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 actual goods themselves supplied by us. This does not affect your statutory rights.

8.7 Our guarantees are limited to goods sold and retained in mainland United Kingdom (excluding Northern Ireland) and used solely in private residences and not in commercial or rental properties. They are not transferrable should ownership of the goods transfer from the original purchaser.

  1. Risk and title

9.1 The Products will be at your risk from the time of delivery.

9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges (if any).

  1. Price and payment

10.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

10.2 These prices include VAT but exclude and include delivery costs to any UK mainland address (excluding Northern Ireland).

10.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already received and accepted.

10.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

10.5 Payment for all Products must be received and cleared before delivery. We accept payment by bank transfer, credit or debit card. Purchases made by trade customers should not be made by credit card. Products cannot be delivered until full payment has been received.

  1. Our refunds and returns policy

11.1 When you return a Product to us because you have cancelled the Contract between us within the 14 day cancellation period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which we receive the Product. You must either return the goods in person or allow us to collect them from you. Please note you will need to ensure someone (over the age of 18) is available at the time of collection to sign the goods over to our collection team.

11.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

  1. Our liability

12.1 We warrant 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.

12.2 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.

12.3 This does not include or limit in any way our liability; for death or personal injury caused by our negligence under section 2(3) of the Consumer Protection Act 1987,for fraud or fraudulent misrepresentation, for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

12.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to; loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that this clause 12.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 12.1 or clause 12.2 or any other claims for direct financial loss that are not excluded by any of categories inclusive of this clause 12.4.

  1. Written communications

13.1 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. In the event of a questions or complaints please email help@thegreysofa.com. See section 22. Complaints process below for details of the complaints process.

  1. Notices

14.1 All notices given by you to us must be given to GREY SOFA LTD , 44 Rose lane, Norwich, NR1 1PN or emailed to help@thegreysofa.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. 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.

  1. Contract

15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

15.2 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.

15.3 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.

  1. Events outside our control

16.1 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).

16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: Strikes, lock-outs or other industrial action; Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; Impossibility of the use of public or private telecommunications networks; The acts, decrees, legislation, regulations or restrictions of any government.

16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event 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 Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

  1. Waiver

17.1 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.

17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

17.3 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 clause 13 above.

  1. Severability

18.1 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.

  1. Entire agreement

19.1 These terms and conditions and any document expressly referred to in them, together with our Terms of Website Use, Privacy Policy and Cookie Policy 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

19.2 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.

19.3 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.

  1. Our right to vary these terms and conditions

20.1 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.

20.2 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 Order 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 seven working days of receipt by you of the Products).

  1. Law and jurisdiction

21.1 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.

  1. Complaints process

22.1 If you have any complaints about the products or service that we have provided, please contact help@thegreysofa.com and we will do our best to resolve it.

22.2 We'll always aim to resolve complaints in a timely manner. If a further investigation is required, you will be informed of this and kept up to date with progress. Once we have closed our investigation, we'll write to you to communicate the proposed outcome. Should you be unhappy with the proposed outcome, you are entitled to contact the Financial Ombudsman who provides a dispute resolution service. You can also get free help from Citizens Advice.

  1. Terms of website use

23.1 This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.thegreysofa.com (our site). Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site

  1. Accessing our site

24.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

24.2 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

  1. Intellectual property rights

25.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

25.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

25.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

25.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

25.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

25.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

25.7 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

  1. Our liability

26.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

  1. Information about you and your visits to our site

27.1 We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

  1. Transactions concluded through our site

28.1 Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms of conditions of supply.

  1. Viruses, hacking and other offences

29.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

29.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

29.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

  1. Linking to our site

30.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

30.2 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

30.3 If you wish to make any use of material on our site other than that set out above, please address your request to help@thegreysofa.com.

  1. Variations

31.1 We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

  1. Your concerns

32.1 If you have any concerns about material which appears on our site, please contact-us. Thank you for visiting our site.

  1. Privacy policy

33.1 GREY SOFA LTD are committed to protecting and respecting your privacy.

33.2 This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

33.3 For the purpose of the Data Protection Act 1998 (Act), the data controller is GREY SOFA LTD.

33.4 We may record telephone conversations to use in our internal staff training programme

  1. Information we may collect from you

34.1 We may collect and process the following data about you:

  1. Information that you provide by filling in forms on our site www.thegreysofa.com. This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site. If you contact us, we may keep a record of that correspondence. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
  2. Details of transactions you carry out through our site and of the fulfilment of your orders.
  3. Details of your visits to our site and the resources that you access.
  1. Where we store your personal data

35.1 The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

35.2 All information you provide to us is stored on secure servers. 

35.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

  1. Uses made of the information

36.1 We use information held about you in the following ways:

  1. To ensure that content from our site is presented in the most effective manner for you and for your computer.
  2. To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
  3. To carry out our obligations arising from any contracts entered into between you and us.
  4. To allow you to participate in interactive features of our service, when you choose to do so.
  5. To notify you about changes to our service.

36.2 If you are an existing customer, we will contact you by post, e-mail or telephone with information about goods and services similar to those which were the subject of a previous sale to you.

36.3 If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by post, e-mail or telephone if you have consented to this.

36.4 If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes then please call let us know by emailing us at help@thegreysofa.com.

  1. Disclosure of your information

37.1 We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

37.2 We may disclose your personal information to third parties: in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; or if GREY SOFA LTD or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; or if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of GREY SOFA LTD, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

  1. Your rights

38.1 You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by selecting the "unsubscribe" button on any marketing materials which you receive.

38.2 Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

  1. Changes to our privacy policy

39.1 Any changes we may make to our privacy policy in the future will be posted on this.

  1. Contact

40.1 Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to help@thegreysofa.com.