Terms and Conditions of Sale

1. These Conditions

1.1. These terms and conditions (Conditions) may have changed since you last reviewed them. Please review all these Conditions carefully.

1.2. Please read these Conditions carefully before you submit your Order to us. These Conditions tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

1.3. If you are a consumer, nothing in these Conditions is intended to limit any statutory consumer rights you might have.

1.4. Business customers have different rights under these Conditions to consumers. For example, business customers can't cancel their orders, they have different rights where there is a problem with a product and we don't compensate them in the same way for losses caused by us or our products. Where a Condition applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

2. Expressions used in these Conditions

2.1. In these Conditions, unless the context otherwise requires, the following expressions have the following meanings:

Conditions: these terms and conditions, as we may update from time to time;
Order: your order for Products placed in through one of our Websites or in one of our Stores;
Order Acceptance: our formal written acceptance of your Order of the Products;
Products: any items sold or supplied by us under an accepted Order;
we, us, and our: Ercol Furniture Ltd, incorporated and registered in England and Wales with company number 000163292 whose registered office is at Summerleys Road, Princes Risborough, Buckinghamshire, HP27 9PX;
Stores: our stores at: (a) ercol Chelsea, 555 King's Rd, London SW6 2EB; and (b) ercol Outlet, Summerleys Rd, Princes Risborough HP27 9PX
Websites: our sales websites which are available at: www.ercol.com & www.ercolchelsea.com

2.2. In these Conditions, "writing", and any similar term, includes communication by email.

3. How to contact us

3.1. You can contact our customer service team by email at customer.care@ercol.com or by telephone on 01844 271800 or speak to a colleague in one of our Stores.

3.2. If we have to contact you we will do so by telephone or by email, using the contact details you supplied to us when you placed your Order and stated on your Order Acceptance.

4. Our contract with you

4.1. How we will accept your Order. When you receive your Order Acceptance, a contract comes into existence between you and us. Your Order Acceptance will be supplied to you by us in the following manner:

a) For Orders placed via our Websites. Our acceptance of your Order will take place when we email you our Order Acceptance

b) For Orders placed in one of our Stores. Our acceptance of your Order will take place when we supply you with a printed Order Acceptance. We will also email you a copy of the Order Acceptance if you give us your email address.

4.2. If we cannot accept your Order. If we are unable to accept your Order, we will inform you prior to taking your payment and will not charge you for the Product.

4.3. We only sell to the UK. Our Websites and Stores operate solely for the promotion and sale of our Products in the UK and we do not deliver outside the mainland UK.

5. Our Products

5.1. Products may vary slightly from their pictures. A Product's true colour may not exactly match that shown on your device or in our marketing in Stores. As timber is a natural material, Products may deviate in colour or grain, from the imagery on our Websites or in marketing materials in our Stores and we cannot be held liable for damages, losses or charges incurred in relation to your unmet expectations surrounding the final appearance of our Products (unless appearance shortcoming is due to damage or a quality issue on our side).

5.2. Making sure your chosen Product will fit. You are responsible for ensuring that any Product you order will fit in its designated location. This includes through access and egress as well as the final location in a room itself. If an item is attempted to be delivered or installed, and it is found by our delivery partners or yourself that for reasons regarding access or Product size that the Order cannot be completed after processing, we will not be held liable for any costs, damages, losses, expenses or harms that arise as a result. We also reserve the right to recuperate costs from failed deliveries with regards to delivery and collection fees, as well as any costs we deem deductible based on use, repackaging or any other requirements for the item to be resold.

6. Your rights to make changes

If you wish to make a change to an accepted Order, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the Product price and the timing of supply and ask you to confirm whether you wish to go ahead with the change.

7. Our rights to make changes

7.1. We may make minor changes to our Products or to these Conditions to implement minor technical adjustments and improvements, for example correct errors or omissions in any information or document, provided that doing so does not materially affect your use of the product or your or our right.

7.2. If we make more significant changes to our Products or to these Conditions, for example to reflect changes in relevant laws and regulatory requirements, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.

8. Price and payment

8.1. Where to find the price for the Product. The price of the Product (which includes VAT) will be the price indicated on the relevant product page on our Websites if ordering online, or in our marketing information if purchasing in Store. Prices will be confirmed in your Order Acceptance. We take all reasonable care to ensure that the price of the Product advised to you is correct.

8.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between the date of placing your Order 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.

8.3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order.

8.4. When you must pay and how you must pay: Online Orders: The methods of payment we accept are set out on the order pages of our Websites. You must pay for the Products in full during the checkout process on the Websites.

8.5. When you must pay and how you must pay: Store Orders: Our colleagues in Store can explain the methods of payment we accept.

a) At the ercol Chelsea Store, A deposit of 50% of the full Product price must be paid when placing your Order in the Store. The balance for all Products must be paid for in full before we dispatch them.

b) At the ercol Outlet Store: You must pay for the Products in full when placing your Order in the Store.

8.6. We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount whether before or after judgment. You must pay us the interest together with any overdue amount.

8.7. If you are a business customer you have no set-off rights. If you are a business customer, all amounts due under this agreement (from you to us or from us to you) shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

9. Promotions and discounts

9.1. We will run promotional deals across selected Products from time to time at our discretion. Any applicable discounts will be applied to your Order, either automatically on the Website or at point of Sale in the Stores, or via input of a voucher code during checkout on the Websites. Each of our promotions and discounts:

(a) are only valid on full priced Products and cannot be used on already discounted Products unless otherwise stated in writing;

(b) cannot be used in conjunction with any other offers;

(c) are valid for a limited period of time as specified in the marketing communication on the Websites and in our Stores and cannot be used outside of the stated period;

(d) are not valid in our clearance store on Ebay or at the ercol Outlet Store unless otherwise stated; and

(e) are not valid on individual scatter cushions or otherwise specified ranges in promotional material.

9.2. Promotions and discounts are subject to stock availability and we reserve the right to withdraw, amend or extend offers at any time without prior notice.

9.3. If a promotion or discount that is subject to a minimum spend threshold is applied to an Order and you return an item which then brings the total value of the original Order below the promotion's qualifying spend threshold, then the offer value or percentage may be deducted from any refund we provide for the returned Product.

10. Delivery

10.1. Delivery costs. The costs of delivery will be as displayed to you on our Websites or communicated to you by our colleagues in Store at the time of purchase and stated on your Order Acceptance. Delivery charges may vary based on your location and the delivery option you choose. There may also be assembly surcharges depending on your Order. These will all be made aware to you, and a cumulative cost given ahead of any Order being accepted.

10.2. Delivery lead times. Due to demand, supply chains and handcrafted nature of our Products, the lead times will often exceed the statutory default delivery period of 30 days from payment under the Consumer Rights Act 2015. By placing an Order, you agree to the delivery lead time notified to you upon placing your Order. We will aim to be as accurate as possible, and will notify you of any delays ahead of time where possible.

10.3. Arranging a delivery slot. Delivery will be arranged through our third party courier, who will contact you to agree a delivery date and time slot. If you fail to accept delivery / redelivery on our proposed dates, we may charge you for storage costs of £25 for storage up to one week; £50 for storage up to two weeks; and a further £25 for each additional week. We also reserve the right to cancel your order.

10.4. We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.

10.5. If you are not at home when the Product is delivered. If no one is available at your address to take delivery in your pre-arranged slot, we will leave you a note informing you of how to rearrange. If you do not re-arrange delivery, we may charge you for storage costs at the rates set out in Condition 10.3 and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract.

10.6. Your responsibility for and ownership of a Product. You are responsible for a Product from the time we deliver the Product to the address you gave us. You own a Product once we have received payment in full.

11. Returning Products

11.1. Consumers: Exercising your right to change your mind. If you are a consumer and you bought Products through our Websites, you have a legal right to change your mind about your Order and receive a refund for what you paid for it. This is subject to the conditions and exclusions set out below:

a) You do not have the automatic right to change your mind if you bought Products at one of our Stores.

b) For Orders placed through our Websites, you have 14 days from the day you receive the Product to tell us that you have changed your mind, unless your Products are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the Product.

11.2. Exclusions from the right to change your mind. You do not have a right to change your mind in respect of:

(a) Clearance or ercol Outlet Store items;

(b) Made to order items which have been made bespoke to your specifications; and

These items can only be returned to us if they are faulty (see Condition 11.3).

11.3. Consumers: If there is a problem with your Product: This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 0808 223 1133. If you have any questions or complaints about your Product, please contact us. You can email us at customer.care@ercol.com or call customer services on 01844 271800.

The Consumer Rights Act 2015 says the Products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following:

(a) Up to 30 days: if your Products are faulty, then you can get an immediate refund.

(b) Up to six months: if your Products can't be repaired or replaced, then you're entitled to a full refund, in most cases.

(c) Up to six years: if your Products do not last a reasonable length of time you may be entitled to some money back.

11.4. Business Customer: Defects in Products. In the event of any Product being defective in materials or workmanship when delivered, we undertake to repair or replace, at our option, the Product free of charge. Our liability is limited to such replacement or repair and this shall be your sole remedy in respect of such Product. In the event of any article being defective in materials or workmanship when delivered, the Company is to be allowed a reasonable time to enable replacement or repair, providing that all defective articles are returned to the Company in the state in which they were supplied by the Company.

11.5. Returning Products to us. If you end the contract for any reason after a Product has been dispatched to you or you have received it, or you wish to exercise your legal rights to reject a Product under Condition 11.3 or 11.4, you must return it to us. You must either return the Product by courier or allow us to collect it from you. Please email us at customer.care@ercol.com or call customer services on 01844 271800 to arrange your return. If you are exercising your right to change your mind you must return the Product within 14 days of telling us you wish to end the contract.

11.6. When we will pay the costs of return.

a) Business customers must pay the costs of all Product returns.
b) If you are a consumer, we will pay the costs of return:

i. if the Product is faulty or is not as described on our website or in marketing in our Stores (excluding any variations in the colour and grain of Products, as noted in Condition 5.1);

ii. if you are exercising your legal rights to reject a Product under Condition 11.3;
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

11.9. What we charge for collection. If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.

11.10. How we will refund you. We will refund you the price you paid for the Product plus your original delivery costs (but not any costs for returning the Product to us or for us collecting the Product from you), We will make the refund to the method you used for payment. If you are a consumer exercising your right to change your mind, we may make the following deductions from the refunded amount:

(a) We may reduce your refund of the price (excluding original delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop.

(b) The maximum refund for original delivery costs will be the costs of delivery by the least expensive delivery method we offer.

(c) Goods must be returned in the original or suitable packaging. If this is not the case, a charge of £20 shall be deducted from your refund to cover this cost.

11.11. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the Product back from you.

12. Your rights to end the contract

12.1. Your rights when you cancel the contract will depend on whether you are a consumer or business customer, what you have bought, whether there is anything wrong with it and when you decide to end the contract.

12.2. Cancelling the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any Products which have not yet been provided. The reasons are:

(a) we have told you about an upcoming change to the Product or these Conditions which you do not agree to;

(b) we have told you about an error in the price or description of the Product and you do not wish to proceed;

(d) you have a legal right to end the contract because of something we have done wrong.

12.3. Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at customer.care@ercol.com or calling customer services on 01844 271800. Please provide your name, home address, details of your Order and, where available, your phone number and email address.

13. Our rights to end the contract

13.1. We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 10 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, for example, delivery details; or

13.2. You must compensate us if you break the contract. If we end the Contract in the situations set out in Condition 13.1, we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

14. Our liability for loss or damage

14.1. Our liability to consumers. We're not responsible for losses you suffer caused by us breaking this contract if the loss is:

a) Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

b) Caused by a delaying event outside our control. As long as we have taken the steps set out in Condition 10.4.

c) Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your Product that could have been avoided by correctly following the care instructions advised to you by us.

14.2. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Condition 14.3.

14.3. Our liability to businesses customer. If you're a business, then, except in respect of the losses described in Condition 14.4:

a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

b) our total liability to you for all other losses arising under or in connection with any Order, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total amount paid by you for Products under such Order.

14.4. Losses we never limit or exclude. Nothing in these Conditions shall limit or exclude our liability for:

a) death or personal injury caused by negligence to the extent preserved by section 2(1) of the Unfair Contract Terms Act 1977;

b) fraud or fraudulent misrepresentation;

c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

d) defective products under the Consumer Protection Act 1987; or

e) any liability that cannot legally be limited.

14.5. No implied terms about Products for business customers. Except to the extent expressly stated in these Conditions, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

15. How we may use your personal information

15.1. We will only use your personal information as set out in our Privacy Policy.

16. Resolving disputes with us

16.1. Our complaints policy. Our customer service team can be contacted on customer.care@ercol.com or by telephone on 01844 271800. They will do their best to resolve any problems you have with us or our products.

17. Other important terms

17.1. If you are a business customer this is our entire agreement with you If you are a business customer these Conditions constitute the entire agreement between us in relation to your purchase. 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 these Conditions and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

17.2. Transfer of rights under the contract.

a) We may transfer our rights and obligations under these Conditions to another organisation. We’ll contact you to let you know if we plan to do this. If you are a consumer and you are unhappy with the transfer, you can email us at customer.care@ercol.com or call customer services on 01844 271800 to end the contract and we will refund you any payments you’ve made for products not yet supplied.

b) You may only transfer your rights or your obligations under these Conditions to another person if we agree to this in writing. If you are a business customer, you need our agreement to transfer your contract with us and it's entirely up to us whether we give it.

17.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.4. If a court finds part of this contract illegal or unenforceable, the rest will continue in force. Each of the Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Conditions will remain in full force and effect.

17.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Product, we can still require you to make the payment at a later date.

17.6. Applicable laws and jurisdiction. These Conditions and your Order are governed by English law and you can bring legal proceedings in respect of the Product or your Order in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Product in either the Scottish or the English courts.