Terms of service

1. Definitions

1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller.

1.2 "Consumer" shall have the meaning described in section 12 of the Unfair Contract Terms Act 1977.

1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.

1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller.

1.5 "Seller" means Old Boot Home Ltd t/a Old Boot Sofas of Swallows Ridge, Hollies Lane, Wilmslow, England SK9 2BW, contactable at help@oldbootsofas.com or 01629 705 000, that owns and operates oldbootsofas.com.

1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.

1.7 "Website" means www.oldbootsofas.com.

2. Conditions

2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Acceptance of the order of Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

2.5 Any complaints should be addressed to the Seller using the contact details in clause 1.5.

3. Ordering

3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.

3.2 The Seller's products fall into two categories:

(a) Made-to-order Goods — most Old Boot products are handcrafted to order. A lead time will be quoted at the point of order. The Buyer may cancel a made-to-order Contract under the terms of clause 8.

(b) Stock Goods — outlet pieces and selected products are sold from stock. Where stock Goods ordered by the Buyer are not available, the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 7 working days.

3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the 'checkout' section. Further information relating to the ordering process is available on the Website.

4. Price and Payment

4.1 The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT. The price includes delivery charges to UK mainland addresses unless otherwise stated. See clause 7.1 for delivery scope.

4.2 The total purchase price, including VAT and any delivery charges, will be displayed in the Buyer's shopping cart or on a sales quote prior to confirming the order.

4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods.

4.4 Payment for the Goods may be made in one of two ways:

(a) Payment in full at the time of order, before dispatch of the Goods.

(b) Deposit at the time of order, with the balance payable before dispatch of the Goods. Deposit and payment plan options are offered through the Seller's third-party payment partner.

The Seller will not dispatch the Goods until full payment has been received.

4.5 The Seller shall be entitled to charge interest daily on overdue invoices from the date when payment becomes due until the date of payment at a rate of 8% per annum above the base rate of the Bank of England.

4.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

4.7 When processing payment, CCV2/CVC2 verification will be required.

4.8 Discounts offered can only be honoured on a per-order and per-delivery-address basis, one discount per order or delivery address. Any bespoke alterations, or items not available in our standard range of products, are not eligible for discounts unless agreed by the Seller.

5. Rights of Seller

5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.

5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6. Product Specifications

6.1 The Seller reserves the right to amend the specification of products without prior notice in relation to future sales.

6.2 Old Boot leather products are made from natural leather and are finished in such a way that they may not be uniform in colour or texture. Only the finest hides are selected, but they will show natural marks and scars on the hide. Some leathers will mellow with age and colours can fade with exposure to sunlight and heat.

6.3 The Seller will endeavour to match the colour and texture of any selected fabrics for the Buyer's sofa or chair, but variations in both colour and texture may occur and are not under the control of the Seller.

6.4 The measurements of all products are as accurate as possible, but as these Goods are made by hand, they are nevertheless approximate.

6.5 The Seller cannot guarantee an exact colour match of the finished product ordered with the samples offered or images on the Website due to the natural characteristic of the leather, the natural variation of fabrics, and the variation of devices and screens used to view the product.

7. Delivery

7.1 All deliveries undertaken by the Seller and its delivery partners are limited to UK mainland addresses, except where international delivery to a nominated UK mainland port is agreed in advance under clause 7.4.

7.2 Where an order contains more than one item, all items will generally be delivered together once all items are available. If the Buyer requests a part delivery, the Seller reserves the right to take payment for the part delivery.

7.3 Goods supplied to UK mainland addresses will normally be delivered as follows:

(a) Stock Goods — within 7-21 days of order, depending on location.

(b) Made-to-order Goods — within the lead time quoted at the point of order acceptance.

The Buyer should call or email for confirmation of stock availability.

7.4 The Seller may agree to deliver Goods for international onward shipping. In such cases, the Seller will deliver to a Buyer-nominated mainland UK address (for example, a port). The onward shipping of the Goods is the responsibility of the Buyer from that point. All Goods received at the nominated UK address must be inspected and signed for by the Buyer or the Buyer's representative prior to onward shipping.

7.4.1 Goods shipped onwards from the UK may be subject to import duties and taxes levied when the delivery reaches the destination country. The Buyer is responsible for payment of any such duties and taxes. The Seller has no control over these charges and cannot predict their amount. The Buyer should contact their local customs office for further information before placing the order. The Buyer must comply with all applicable laws and regulations of the destination country, and the Seller will not be liable for any breach by the Buyer of any such laws.

7.5 Where a specific delivery date has been agreed and that delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date.

7.6 The Seller shall use all reasonable endeavours to meet any date agreed or estimated for delivery. In any event, time of delivery shall not be guaranteed and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

7.7 Delivery of the Goods shall be made to the Buyer's address specified in the order, and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The Seller and the delivery company will not be liable for any damage to internal fittings and fixtures once the Goods have entered the Buyer's address.

7.8 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time and where delivery was attempted.

7.9 If the Buyer is unable, for whatever reason, to take delivery of the Goods on the confirmed delivery date, the Seller reserves the right to charge the Buyer up to £125 for any subsequent delivery attempt.

8. Cancellation and Return

8.1 Pre-delivery cancellation. The Buyer may cancel a made-to-order Contract in writing (via email to help@oldbootsofas.com) within 28 calendar days of the date the order is placed (or, where a deposit has been paid, within 28 calendar days of the date the deposit was taken). Any payments made by the Buyer shall be refunded in full within 21 working days.

8.2 Post-delivery return. The Buyer may return the Goods for any reason by notifying the Seller in writing (via email) within 28 calendar days of delivery. Any payments made by the Buyer shall be refunded in full within 21 working days following collection of the Goods, subject to clauses 8.3 to 8.5.

8.3 Collection charges.

(a) If the Buyer initiates the return with the delivery team on the day of initial delivery, no collection charge will be incurred.

(b) If the Buyer initiates the return at any time after the day of delivery and within the 28-day return window, a collection charge of £75 will be incurred and deducted from the refund.

8.4 The Buyer must allow the Seller access to collect the Goods within 14 calendar days of cancellation.

8.5 Bespoke and custom Goods. Goods made in non-standard materials (including the Buyer's own fabric or leather), to non-standard dimensions, or with other bespoke specifications are not eligible for cancellation under clause 8.1 once production has commenced, and cannot be returned under clause 8.2 once delivered. The Seller is not obliged to refund the deposit or any payment made for such Goods. Nothing in this clause affects the Buyer's statutory rights in respect of faulty Goods.

8.6 Inspection on delivery. The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller in writing (via email) within 28 calendar days if the Goods are not satisfactory or do not comply with the Contract. If the Buyer fails to do so, the Buyer shall be deemed to have accepted the Goods.

8.7 Faulty or defective Goods. Where a claim of defect or damage is made, the Seller shall be responsible for the recovery of the Goods from the Buyer, normally within 28 days of delivery. The Buyer shall be entitled to a repair, replacement, or full refund (including delivery costs) if the Goods are in fact defective.

8.8 Condition of returned Goods. All Goods must be returned in the condition they were delivered. Where returned Goods are found to be damaged due to the Buyer's fault, the Buyer will be liable for the cost of remedying such damage.

8.9 The Seller is not responsible for any discolouration or fading of leather or fabric as a result of the Goods being placed in direct or indirect sunlight, or as a result of any chemicals applied to the Goods.

8.10 Outlet sale items. Outlet products purchased online or by phone may be returned in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The Buyer may cancel by informing the Seller within 14 calendar days of delivery. A collection charge equivalent to the original delivery cost will be deducted from the refund. The Buyer must allow the Seller access to collect the product within 14 calendar days of cancellation. Returned products must be unused and in the same condition as when delivered. Any damage will be chargeable.

8.11 Sold as seen. Products viewed in person prior to purchase are sold as seen and cannot be returned.

9. Guarantees and Liability

9.1 All Goods supplied by the Seller come with a guarantee. Should any structural or manufacturing fault occur within the guarantee period specified at the time of sale, the Seller will repair or replace the Goods (at the Seller's discretion) free of charge, subject to the following terms:

(a) Guarantees are restricted to Goods located on the UK mainland.

(b) Goods must be paid for in full in order for the terms of the guarantee to apply.

(c) Goods are guaranteed for normal domestic use. If the Buyer wishes to use them in a commercial environment, this must be stated at the time of order. The guarantee term may be reduced and additional terms will apply.

(d) Damage caused by the following will invalidate the guarantee:

(i) Misuse, including staining, burns, pet damage, use of harsh cleaning solutions, or use of abrasive materials.

(ii) Neglect to follow routine maintenance as set out in the Seller's care guide.

(iii) Exposure to direct sunlight, which can cause fading to leather and fabrics. Some fading to leather as it naturally ages is inevitable and is not considered a fault.

(e) The guarantee term begins from the date of delivery or collection.

(f) Guarantee periods by component and product:

(i) Hardwood frames (sofas and occasional chairs) — 25 years.

(ii) Upholstery craftsmanship, fillings, springs, and suspension — 5 years.

(iii) Footstools — 10 years.

(iv) Cubes and pods — 2 years.

(v) All other items (including scatter cushions and accessories) — 1 year.

(g) Guarantees are non-transferable and apply only to the Buyer named on the original sales order acknowledgement.

(h) Goods sold via the Seller's periodic outlet sales are excluded from the standard guarantees and are not covered by any guarantee unless specifically stated on the sales order acknowledgement.

9.2 The Buyer shall provide the Seller with any information required to assess a claim under the guarantee terms. This may include providing photographic evidence. In the event of a claim, the Buyer shall first contact the Seller's customer support team at help@oldbootsofas.com or on 01629 705 000.

9.3 Except where the Buyer acts as a Consumer, all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or condition of the products, whether implied by statute or common law or otherwise, are excluded to the fullest extent of the law.

9.4 The Seller will not be liable to the Buyer for any indirect or consequential loss or damage arising out of any problem the Buyer notifies to the Seller, and will have no liability for any failure or delay in delivering Goods, or for any damage or defect in Goods delivered, which is caused by any event or circumstance beyond the Seller's reasonable control. Nothing in this clause affects the Buyer's statutory rights as a Consumer.

9.5 Old Boot Home Ltd t/a Old Boot Sofas provides this Website on an "as is" basis and makes no representations or warranties of any kind, whether express or implied, in relation to this Website or its contents, and disclaims all such representations and warranties. In addition, Old Boot Home Ltd t/a Old Boot Sofas makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information on this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of Old Boot Home Ltd t/a Old Boot Sofas howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

9.6 Neither Old Boot Home Ltd t/a Old Boot Sofas nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, and claims of third parties.

9.7 Old Boot Home Ltd t/a Old Boot Sofas accepts no liability for any information or content contained in external third-party websites which link to or from this Website.

9.8 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller, the remedies of the Buyer shall be limited to damages, which shall in no circumstances exceed the price of the Goods. The Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

9.9 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.

10. Waiver

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this Contract shall prejudice its rights to do so in the future.

11. Force Majeure

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock-outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery, or shortage or unavailability of raw materials from a natural source of supply. The Seller shall be entitled to a reasonable extension of its obligations.

12. Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

13. Insolvency of Buyer

13.1 This clause applies if:

(a) the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order, or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);

(b) an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer;

(c) the Buyer, not being a Consumer, ceases or threatens to cease to carry on business; or

(d) the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.

If this clause applies, then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer. If the Goods have been delivered but not paid for, the price shall become immediately due and payable despite any previous arrangement or agreement to the contrary.

14. Changes to Terms and Conditions

14.1 The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

15. Governing Law and Jurisdiction

15.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England, and the parties hereby submit to the exclusive jurisdiction of the English courts.