Spitfire Sofa

Important Notice for International Deliveries:

If the international recipient (you) refuses delivery of the shipment after two delivery attempts to your address, the parcel will be returned to us by DHL or FedEx.

In such cases:

• Smithers of Stamford is not liable for the goods or the return shipping costs.
• We are not responsible for unaccepted deliveries and will not issue a refund if you fail to accept your delivery.

Please ensure arrangements are made to receive your package to avoid additional costs or loss of goods. For further assistance please contact us

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to contain everything you want and nothing you are not happy with. If you are not sure about anything, phone us on 01780 435060.

Application

1. These Terms and Conditions will apply to the goods advertised on our website by you (the Customer or you). We are Smithers; name is SmithersUk LTD, a company registered in England and Wales under number 15802325, whose registered office is Smithers, Church Farm Main Road Etton PE6 7DA with email address ManFriday@smithersofstamford.com; telephone number 01780 435060 (the Supplier or us or we).

2. These are the terms on which we sell all Goods to you. By ordering any Goods, you agree to be bound by these  Terms and Conditions. By ordering any Services, you agree to be bound by these Terms and Conditions, You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes wholly or mainly outside his or her trade, business, craft, or profession.

4. Contract is legally binding between you and us for the supply of goods. Once orders are made, you can cancel them only on the day the item was bought. Orders can not be cancelled anytime after that. So please make sure you want the product before you click the buy button, as there is no turning back with our terms. Sorry.

5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

6. Durable Medium means paper email or any other medium that allows information to be addressed personally to the recipient and enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the information and allows the unchanged reproduction of the information stored;

7. Goods means the goods that we supply to you of the number and description as set out in the Order;

8. Order means the Customer's order for the Goods from the Supplier as submitted following the step-by-step process set out on the Website;

9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

10. Website means our website,smithersofstamford.com, on which the Goods are advertised.

Goods

11. The description of the Goods is as set out on our website, catalogs, brochures or another form of advertisement.

12. In the case of any Goods made to your requirements, you are responsible for ensuring that any information or specification you provide is accurate.

13. All goods that appear on the Website are subject to availability.

14. We can comply with any applicable law or safety requirement. We will make these changes.

Personal information

15. We retain and use all information strictly under the Privacy Policy.

16. We may contact you by e-mail or other electronic communication methods and by pre-paid post, and you expressly agree to this.

Basis of Sale

17. The description of the Goods on our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason. However, we will try to tell you the reason without delay: stock or resources, a price or description mistake, an inability to obtain your payment or other genuine and fair reasons.

18. The Order process is set out on the Website. Each step allows you to check and amend errors before submitting the Order. You check that you have used the ordering process correctly.

19. A Contract will be formed for the Goods ordered only when you receive an email from us regarding the Order (Order Confirmation). You must ensure the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any errors. By placing an Order, you are giving the Contract and an email with all the information (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event, not later than the delivery of any Goods supplied under the Contract.

20. Any quotation is valid for a maximum period of 30 days from its date unless we expressly withdraw it at an earlier time.

21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

22. We want to know if these terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us so that we can provide you with a different contract with terms that are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.

Price and Payment

23. The price for each type of Goods, the price of any Goods, and any additional delivery or other charges is that set out on the Websites at the date of the Order or such other price as we may agree in writing.

24. UK  include VAT.  24 A  -  USA and international, we do not charge VAT on your products; this VAT amount is taken off when you add your country destination.

25. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

26. 26. If you were entitled to treat the Contract at an end but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered. If you do this, we will (in addition to other remedies) without delay. Return all payments made under the Contract for any cancelled or rejected Goods.

    27. If any Goods form a commercial unit (a unit is a commercial unit if the division of the unit would materially impair the value of the goods or the character of the unit), you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

    28. We do deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man, Jersey and the Channels Islands. If, however, we accept an Order for delivery outside that area, you will need to pay import duties or other taxes, as we, Smithers of Stamford, will not pay them and are not liable.

    29. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or for reasonable reasons, subject to the above provisions and provided you are not liable for extra charges.

    30. If you or your nominee fail the Goods at the Delivery Location through no fault, we may charge the reasonable costs of storing and redelivering them.

    31. The Goods will become your responsibility for delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

    32. Shipping Risk and Title UK - We deliver in the UK, and oversized items are fully insured. Small items are sent with DHL and Royal Mail Fully Insured. International and USA small gifts and furniture are insured services. 

    35. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice, to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

    Conformity and Guarantee

    34. We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.

    35. Upon delivery, the Goods will:

    Upon delivery, the Goods will:

    1. Be of satisfactory quality;

    2. Be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us, expressly or by implication, regardless of whether that is a purpose for which goods of that type are usually supplied (unless you do not actively, or it is unreasonable for you to rely on, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

    3. Conform to their description.

    39. It is not a failure to conform to the failure in your materials.

    40. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out Smithers of Stamford products are under warranty, so that can buy with no quibble no problem. This guarantee will take effect when the Goods are delivered and will not reduce your legal rights.

    Successors and our sub-contractors

    41. Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors it chooses to help perform its duties.

    Circumstances beyond the control of either party

    42. In the event of any failure by a party because of something beyond its reasonable control:

    1. The party will advise the other properly as soon as reasonably practicable, and

    2. Actions will be extended so far as is reasonable, provided that reasonably. The party is liable for any failure that it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery.

    Excluding liability

    43. The Supplier does not exclude liability for ent act or omissionor (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg. loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

    Governing law, jurisdiction and complaints

    44. The Law in Wales governs the Contract (including any non-contractual matters).

    45. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland.

    46. We try to avoid any dispute, so we deal with complaints in the following way: We will respond with an appropriate solution within three days.

    Withdrawal, returns, and cancellation

    47. You can withdraw the Order by telling us before the Contract is made if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

    48. You can cancel the Contract if within the 14-days canceling time frame (the Returns Right) by telling us no later than 30 days . If you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your expense and still in the original box it came in. Then we must without delay refund to you the price for those Goods which have been paid. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights bel. Made-to-order items, cannot be cancelled after 24 hours of ordering.

    49. This is a distance contract (as defined 

    50. Subject as stated in these Terms and Conditions, you can cancel this contract on any day of the 30 days of order without giving any reason.

    51. The cancellation period will expire after the same-day item was ordered, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post, fax or email on the same day).

    52. You can cancel orders 30 days after ordering, email us the order by email. 

    53. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

        Effects of cancellation in the cancellation period

    55. Except as set out below, if you cancel this Contract within 30 days, we will reimburse you in full

    55 A Bespoke order items cannot be cancelled. And no refund will be made to you.

    Deduction for Goods supplied

    56. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

        Timing of reimbursement

    57. If we have not offered to collect the Goods, we will not make the reimbursement this is at customers' cost. 

        a. within 14 days after the day we receive any Goods supplied or

        b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

    58. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

        Returning Goods

    59. If you have received Goods in connection with the Contract which you may want to return, you must send back the Goods or hand them over to us at Smithers of Stamford church farm main road etton peterborough without delay and in any event not later than 30 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the goods before the period of 30 days has expired. You agree that you will have to bear the cost of returning the Goods.

    60. For the purposes of these Cancellation Rights, these words have the following meanings:

        1. Distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

        2. Sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

        3.  We do not accept returns on international orders or sale items.

    Warranty 5 years

    62.  Your warranty - Our furniture is under warranty for 2 years for defects. Wear and Tear are not covered by any means. Wooden furniture has to be conditioned with oils to prevent woodworm and cracks.  Please take the time to look at our furniture care page about looking after your furniture on the bottom of our site map page. Any fault's that occur within 3 months will be fixed at your address with our engineer first, if the fault can not be fixed then we will inspect the product, a refund or exchange will be made only on the 'condition that the product has not been misused' Please note significant use from wear and tear for contact use is not covered by Smithers of Stamford and does not have any warranty. All contract furniture items are listed in our shop and come with a guarantee. Gifts and lighting warranty is 3 Months.

    Shipping Insurance

    63 International Shipping Insurance - 'Small items that are not furniture'  -  Check goods on arrival, if you have damage please contact us within 48 hours to report damage or loss. Send us the photos of damages, and also the photos of the original box showing were damage or loss is seen, we need the box to make the claim, and for a return journey. Please note if you don't keep the box insurance will not cover the claim. DHL only covers insurance if within this time frame of 48 hours from Signature time. If this is not done, we do not take responsibility for the damage or loss. Large furniture orders are only insured with our wooden crate service, all customers have the option of furniture being sent in a cardboard box but this is not insured and we are not liable, we will contact customers by email expressing our Concerns about sending in cardboard. We always state by email not to send without a wooden crate.

    64. Customers wanting parcels left with next door or left on premises without signing for is at your own risk, and we won't be held responsible for any loss or damage.

    Refunds

    65. The UK only Exchanges and Refunds,  Contact us within 30 days. We will exchange for another item or refund, minus our original shipping cost, journey is at your cost; goods must be unused and in perfect condition. (including original box and remain in a saleable condition, it is your responsibility to send back to us with courier of your choice. Address Smithers of Stamford. We are unable to refund the return postage to you. Please note that made-to-order bespoke items are nonrefundable.

    Worldwide Shipping Insurance

    66 Worldwide shipping - products are fully insured.

    67 UK Shipping Damages Must be Reported within 72 hrs. Please open your package on delivery. If reported after 72 hours, Smithers of Stamford is not liable.

    68 International shipping furniture - All customers, please contact us first before you place the order, so we can get the correct shipping quote for your country. Smaller items will be calculated at checkout.

    69 Any credit or debit card fraud transactions that are filed from the customer's bank after 30 day period from the original customer's purchase date. 'Smithers of Stamford Is not liable for loss of funds from the sale.

    70 All International Orders import Tax will be added to your bill from your Country Customs, please be aware of the added tax on the product when you receive it. Approx 20%  'If you don't accept the COD taxes and delivery from DHL,ble for the goods; Smithers of Stamford will not refund the product amount to you or return the shipping fee to us from DHL! The items will be destroyed by DHL. Smithers of Stamford is not liable. Final Sale No Refund.

    71 International Orders If the customer refuses delivery from us, we are not liable, and NO refund will be given under any circumstances.

    72 All Commission custom made to orders items are non-refundable

    Your Warranty 

    73 Furniture Warranty is five years from the purchase date; this does not include damages through wear and tear, including warping from sunlight and heat.

    75 Gifts Warranty 6 months from purchase date.

    76 Lighting Warranty - 12 months from purchase date.

    77 Custom furniture -  five years from delivery date.

    78 Furniture Orders cancelled by Customers while items are in transit are chargeable by us for shipping costs. The fee of £49.00 will be deducted from your original payment method. This is to cover the fee to our carrier.

    Returns

    79 Returns must be returned to us within 30 days of our original outward delivery. The product must be returned in [original box] in a re-sellable condition - exactly as it arrived with you and unused in perfect condition. If you don't have the original box, any faults occurred in return transit, or damage when you had the item in your possession, we will 'NOT ' process a refund. Your item will be returned to you with the refusal of your refund. 

    80 Photo Shoots - Warning Interior stylists -  Any of our items used for photo shoots and then returned to us for refunds, hire charge will be chargeable at £100 per day.

    81 Just to let you know, we do not accept returns on international orders.

    83 Please keep in mind bespoke orders are non-refundable.

    84 RETURNS - You must return items to us at the address below.

    Return Address

    Smithers

    Church Farm

    Etton, Peterborough PE67DA Uk.

    Tel 01780 435060

    Email address: Team@smithersofstamford.com