CLAUSE

  1. These terms (Figure1.0)
  2. how to contact us (Figure 1.0)
  3. Use of the Site (Figure 2.0)
  4. Our contract with you (Figure 5.0)
  5. Our products (Figure 7.0)
  6. Your rights to make changes (Figure 8.0)
  7. Delivery (Figure 8.0)
  8. Your rights to end the Contract (Figure 10.0)
  9. Returns (Figure10.0)
  10. Our rights to end the Contract (Figure 12.0)
  11. If there is a problem with the product. (Figure 12.0)
  12. Price and payment (Figure 13.0)
  13. Intellectual Property (Figure 15.0)
  14. Links to Third Party Sites (Figure 15.0)
  15. Our responsibility for loss or damage suffered by you (Figure 15.0)
  16. How we may use your personal information (Figure 16.0)
  17. Complaints (Figure 16.0)
  18. Other important terms (Figure 18.0)

TERMS OF BUSINESS

1. THESE TERMS

1.1          What these terms cover.

This page (together with the documents expressly referred to on it) 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. These are the terms and conditions on which we supply products to you and apply to any contract between us for the sale of Products to you (Contract).

1.2          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 refuse to accept these Terms, you will not be able to order any Products from our site. These terms form a legally binding agreement between you and us.

1.3          Amendment.

We reserve the right to amend these Terms and any document referred to in these Terms at any time. You are expected to check this page and its linked pages from time to time to take notice of any changes we make as they are binding on you.

2. HOW TO CONTACT US

2.1

How to contact us.

You can contact us by telephoning our Customer Service Team or by writing to us as follows:

Opening Hours:

Monday to Friday: 08.00 – 16:30

Phone: +44 (0)1622 237851

Email: hello@sottoliving.co.uk

Write to us at our head office:

Sotto Living
Westmead

Aylesford

ME20 6XJ

2.3          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.

2.4          “Writing” includes emails.

When we use the words “writing” or “written” in these terms, this includes emails.

3. USE OF THE SITE

3.1          Products.

We provide an online retail environment through our websites and mobile applications enabling you to purchase luxury leather recliners.

3.2          How to access our site.

You can access the Products in the following ways, and by website visits or mobile applications:

(a)        By visiting as a guest without making a purchase (a “Guest”); or

(b)        By placing an order and creating an account (a “Customer”)

3.3          How to create an account.

When you submit an order you will be prompted to create an account with us. You must be 18 years or older to create an account. If you are creating an account on behalf of a commercial entity you warrant that you have capacity to bind that entity.

3.4          Protection of account login details.

You agree that you are responsible for keeping your screen name and password for your account secret. You acknowledge that we are not responsible for third party access to your account that results from sharing your login or other account details or personal information by you or the theft or misappropriation of your screen name and password. We reserve the right to suspend your access to the Products or terminate your account if we suspect an unauthorised person is attempting to access it.

3.5          Privacy. 

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. You are responsible for reviewing the terms of the privacy policy. By continuing to use our site and by submitting an order you are confirming that you accept the terms of the privacy policy, as may be amended from time to time, and you are responsible for regularly reviewing the privacy policy for any changes that we reserve the right to make.

We will never ask for personal details via email. If you receive an unsolicited email asking you for your log in details or any other such information, please contact our Customer Service Team on +44 (0)1622 237581

3.6          Your obligations.

Your account is for your personal use only. You may not authorise others to use your account or attempt to use another member’s account without first obtaining their consent. You must not assign or otherwise transfer your account to any other person or entity.

You are solely responsible for you own actions and those of anyone using your account, and assume all liability regarding: (i) the information and content you or anyone using your account, submits on your behalf; and (ii) the information and content you or anyone using your account posts, transmits, publishes, or otherwise makes available through our site.

You warrant that all goods ordered by you are for your own personal and domestic use and are not for re-sale, distribution or any other commercial use of a similar nature. The Products sold by us are provided for private domestic and consumer use only.

You agree to indemnify us, our officers, directors, employees, agents, and third parties for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of: (i) your, on anyone using your account’s use of or inability to use the site, (ii) any content or information posted by you or anyone using your account, (iii) your or anyone using your account’s violation of these terms of use or your or anyone using your account’s violation of any rights of a third party, or (iv) your or anyone using your account’s violation of any applicable laws, rules or regulations.

We reserve the right, at our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree to provide us with full co-operation if we choose to exercise this right.

You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.

3.7          Your warranties.

When you visit our site and/or submit an order you warrant and represent that you:

(a)        Are over 18 years old;

(b)        Are using a payment card (credit or debit card) that is your own and that there are sufficient funds in your account to cover payment of the Product(s) ordered;

(c)        Have provided all the information requested to submit an order;

(d)        Only provided information that is truthful, complete, accurate and up to date;

(e)        Will use the site in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs of the country in which you live;

(f)         Are fully responsible for all use of your account and for any actions that take place using your account whether by yourself or any other person using your account.

3.8         You further warrant and represent that you will not:

(a)        Access or use the site from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs of your jurisdiction, or of the United Kingdom.

(b)        Impersonate or otherwise misrepresent affiliation, connection or association with, any person or entity;

(c)        Provide any information including payment card details that are misleading or fraudulent;

(d)        Interfere or disrupt networks connected to the site or attempt to interfere with the proper functioning of the site;

(e)        Access data not intended for such user or logging into a server or account which the user is not authorized to access;

(f)         Attempt to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the site without proper authorisation; nor

(g)        Attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, “flooding”, “spamming”, “mail-bombing” or “crashing” or otherwise attempting to deny service to the site or the server of any user.

3.9          Deleting an account.

You may delete any account you have opened when submitting an order any time after any active order has been delivered. To close your account please email hello@sottoliving.co.uk. We reserve the right to immediately suspend or terminate your access to any of the Products, without notice, for any reason (including if you fail to pay any amount due or we become aware of any breach of these Terms). We also reserve the right to remove your account information or data from our Products and any other records at any time at our sole discretion.

4. OUR CONTRACT WITH YOU

4.1          Order process.

You can place orders for Products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order. Our order processing system is completed in the following steps:

(a)        You place your order with us, via the website by clicking on the “confirm order” button, once you have checked and agreed your order at the checkout;

(b)        Your credit/debit card will be authorised when your order is placed and processed. This does not affect your statutory rights;

(c)        We will then send to you an order acknowledgement email confirming the Products you have ordered – this is not an order confirmation or order acceptance from us at this stage, it is a reminder for you of what has been processed through our system. If there are any problems with this acknowledgement, please contact us as soon as possible;

(d)        Your order will then be processed and your products made per the specification of your order, then shipped to you as per the time frame allotted on the website.

(e)        Once your product is ready we will make contact with you to arrange delivery. Once your products are dispatched we will send you a confirmation email stating the delivery slot and our couriers will make contact via text too.

(f)         Title to any Products you order on this website shall pass to you on delivery of the Products provided that we have processed and received payment in full for the Products.

4.2          Before placing an order.

Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room and are compatible with your other furnishings, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.

4.3          How we will accept your order.

Confirmation of your order will take place when we email you to accept it, at which point a Contract will come into existence between you and us. This is not a confirmation that your offer to purchase the goods has been accepted, but confirmation from us to you of your request. You will receive a second email when the order has been accepted and loaded into our system. At that stage your credit or debit card will be debited. You will receive a third email when the goods have been dispatched from our warehouse.

4.4          If we cannot accept your order.

All orders are subject to acceptance by us. If we are unable to accept your order, or if your Products are not available or subject to delay, we will inform you of this in writing as soon as possible. If you have already paid for the Product, we will credit any payments made in full as soon as possible.

4.5          Paying for your order.

We accept online payment in an encrypted, secure environment by credit card. We currently accept Visa, Mastercard, Delta, Maestro, Switch, American Express and PayPal.  All prices quoted on our website are quoted in pounds sterling (£) and where appropriate are inclusive of UK sales tax (VAT) at the current rate. All transactions are made in GBP pounds sterling (£).

Throughout the check-out process, the cost of your purchase will be shown in GBP.

4.6          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.

5. OUR PRODUCTS

5.1          Products may vary slightly from their pictures.

The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.  All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.

Our Products are displayed as clearly as possible throughout our website to give you as much information as possible about a Product. If you need further information on anything, please contact us at: hello@sottoliving.co.uk

6. YOUR RIGHTS TO MAKE CHANGES

6.1          If you wish to make a change to the Product you have ordered 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 price of the Product, the timing of supply 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.

6.2          In the event that you disagree with any charge made to your account, you agree to contact us with a view to resolving the dispute prior to making a formal notification to your credit card company. You must contact us either by email or telephone, stating your reasons for dispute of the charge. This will enable us to accurately and promptly assess your complaint and, where justified, credit your card with the disputed amount in a timely manner to avoid any further inconvenience to you.

7. DELIVERY

7.1         Please see our Delivery Policy for further information

7.2          Delivery costs.

The costs of delivery will be as displayed to you on our website. Please refer to our UK Delivery Policy which clearly explains our delivery terms.

7.3          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.

7.4          If you are not at home when the product is delivered.

If no one is available at your address to take delivery we will call you to rearrange another delivery date.

7.5          When you become responsible for the goods.

A Product will be your responsibility from the time we deliver the Product to the address you gave us.

7.6          When you own goods.

You own a Product which is goods once we have received payment in full.

7.7          Reasons we may suspend the supply of Products to you.

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 (see clause 7).

8. YOUR RIGHTS TO END THE CONTRACT

8.1          Exercising your right to change your mind

Due to the bespoke nature of these products you have 2 days after placing the order by which to cancel the order and end the contract. Anytime thereafter including once goods are received we will not accept returns, please see our returns policy for further detail.

9. RETURNS

9.1       Due to the bespoke nature of the products unless you terminate your contract with us within 2 days of placing the order, there are no returns or the chance to terminate the contract after this, except under the following points:

(a)        If the Products are faulty or misdescribed;

(b)        If you are ending the Contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. All our goods are covered by a 2 year guarantee protecting you against manufacturing faults, if there are any manufacturing faults during this time, then you are entitled to a refund.

© upon delivery the product will have to be signed off by the customer to accept that the product is as per the ordered specification and that there are happy to receive the product. Once this is signed there is no chance to refuse delivery.

In all other circumstances returns will not be accepted.

9.2          How we will refund you.

We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

10. OUR RIGHTS TO END THE CONTRACT

10.1        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, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

(b)        you do not, within a reasonable time, allow us to deliver the products to you.

10.2        We may withdraw the product. 

We may write to you to let you know that we are going to stop providing the Product. In such circumstances, we will refund any sums you have paid in advance for Products which will not be provided.

11. IF THERE IS A PROBLEM WITH THE PRODUCT

11.1        How to tell us about problems.

If you have any questions or complaints about the Product, please contact us.

You can telephone our Customer Service Team at +44 (0)1622 237851 or write to us by email at hello@sottoliving.co.uk or by post to Westmead, Aylesford, ME20 6XJ.

11.2        Summary of your legal rights.

We are under a legal duty to supply Products that are in conformity with this Contract.

11.3        Your obligation to return rejected Products.

If you wish to exercise your legal rights to reject Products you must allow us to collect them from you. We will pay the costs of collection for rejected Products. Please call our Customer Service Team +44 (0)1622 237851 or write to us by email at hello@sottoliving.co.uk  to arrange collection.

12. PRICE AND PAYMENT

12.1        Where to find the product price. 

The price of the Product (which includes VAT) will be the price indicated on the website order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the Product you order.

12.2        We will pass on changes in the rate of VAT.

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.

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. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any goods provided to you.

13. INTELLECTUAL PROPERTY

13.1        All rights in the designs, intellectual property and information on our site are owned by us or licensed to us. These are protected, as appropriate, by copyright, trademarks and other intellectual property rights. You may only view, reproduce or print the materials on this site for the purpose of ordering goods from us and as authorised below. The contents of these pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademarks or registered trademarks of us. ALL RIGHTS RESERVED. You agree that the material and content contained within the site is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this site in any form is prohibited.

14. LINKS TO THIRD PARTY SITES

14.1        Where any of our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

15. OUR RESPONSIBILITY FOR LOSS OR DAMAGED SUFFERED BY YOU

15.1        Our liability to you.

To the maximum extent permitted by law, we will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

(a)        Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
(b)        Loss of goodwill or reputation; or
(c)        Special or indirect losses;
(d)        Suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

15.2        Maximum liability. 

Our liability to you in connection with these Terms or the use of the site shall be limited as to either: (i) the price paid for any Products purchased by you as Customer; or (ii) £100 if you are a Guest.

15.3        Domestic use only.

We have selected our Products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the Products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose.

Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the Product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud).

In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.

15.4        Exclusions.

Nothing in these Terms will limit or exclude our liability for: (i) death or personal injury arising from our proven negligence; or (ii) fraud or fraudulent misrepresentations made by us. Nothing in these Terms affects your statutory rights as a consumer.

16. HOW WE MAY USE YOUR PERSONAL INFORMATION

16.1        How we will use your personal information.

We will use the personal information you provide to us:

(a)        To supply the Products to you;
(b)        To process your payment for the Products; and
(c)        If you agreed to this during the order process, to give you information about similar Products that we provide, but you may stop receiving this at any time by contacting us.

16.2        We will only give your personal information to other third parties where the law either requires or allows us to do so.

16.3        For further information, please refer to our Privacy Policy.

17. COMPLAINTS

17.1        If you have any queries about these Terms, the Products or if you wish to make a complaint then please contact us in writing by email to hello@sottoliving.co.uk  or by post to our registered office address, Westmead, Aylesford, ME20 6J

18. Other important terms

18.1     We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.

18.2        You need our consent to transfer your rights to someone else.

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

18.3        Nobody else has any rights under this Contract (except someone you pass your guarantee on to).

This Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.

18.4        If a court finds part of this Contract illegal, the rest will continue in force.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.5        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 terms, 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.

18.6        Which laws apply to this Contrast and where you may bring legal proceedings?
 
These terms are governed by Law and you can bring legal proceedings in respect of the products in the UK courts.