Terms and conditions
Website terms of supply
1. These terms
1.1 These are the terms and conditions on which we supply goods to you, whether these are goods, services or digital content.
1.2 Please read these terms carefully before you submit your order to us. They tell you who we are, how we will provide goods 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 think that there is a mistake, please contact us to discuss.
2. Information about us and how to contact us
2.1 We Own Comforts are a trading name of C Supplies Limited a company registered in England and Wales. Our company registration number is 08861810 and our registered office is at 5 Trent Court, Dorset DT9 4AY.
2.2 You can contact us via Live Chat on the website, by telephoning our customer service team at 01935 315092 or by writing to us at firstname.lastname@example.org.
2.3 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 When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 Our acceptance 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.
3.2 If we are unable to accept your order, we will inform you of this in writing and will not charge you. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description or because we are unable to meet a delivery deadline you have specified.
3.3 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.
4. Our goods
4.1 The images of the goods 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 goods. Your goods may vary slightly from those images. Although we have made every effort to be as accurate as possible, handmade products (such as sofas), all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
4.2 Packaging may vary from that shown in images on our website.
4.3 If we are making the goods to measurements, you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.
5. Your rights to make changes
If you wish to make a change to your order, please contact us immediately or within 24 hours of placing your order. We will let you know if this is possible. If it is possible, we will let you know about any changes to the price, 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).
6. Our rights to make changes
We may change the goods:
6.1 to reflect changes in relevant laws and regulatory requirements; and
6.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of it.
7. Providing the goods
7.1 Once your order is ready for despatch you will be contacted by the transport team either by phone/email or text message to arrange the delivery of your item. Many lines are on next day delivery, with larger items coming straight from the manufacturers within a few days. Certain items may have a larger lead time (such as larger electrical or furniture items) but we will contact you to arrange a time for delivery as soon as possible.
7.2 If our supply of the goods is delayed by an event outside our control, we will contact you as soon as possible to let you know and 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 goods you have paid for but not received.
7.3 If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot. In the event of a failed delivery due to the customer not being in at the arranged time slot, a re-delivery charge will need to be paid by the customer. This charge will be confirmed at the point of re-booking and must be paid prior to the new delivery date.
7.5 Goods will be your responsibility from the time we deliver to the address you gave us.
7.6 You own the goods once we have received payment in full.
7.7 We may need certain information from you so that we can supply the goods to you, for example, measurements, sizes or certain details. If so, this will have been stated in the description of the goods on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
7.8 We may have to suspend the supply of a goods to:
7.8.1 deal with technical problems or make minor technical changes;
7.8.2 update the goods to reflect changes in relevant laws and regulatory requirements;
7.8.3 make changes to the goods as requested by you or notified by us to you (see clause 6).
7.9 We will contact you in advance to tell you we will be suspending supply, unless the problem is urgent or an emergency. You may contact us to end the contract for goods if we suspend it, or tell you we are going to suspend it, in each case for a period of more than [four weeks] and we will refund any sums you have paid in advance for the goods in respect of the period after you end the contract.
8. Your rights to end the contract
8.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1 if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back), see clause 10;
8.1.2 if you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 if you have changed your mind, see clause 8.3. You may be able to get a refund if you are within the cooling-off period (14 days), but this may be subject to deductions and you will have to pay the costs of return of any goods; and
8.1.4 in all other cases (if we are not at fault and there is no right to change your mind), see clause 8.7.
8.2 If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the goods or these terms which you do not agree to;
8.2.2 we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the goods may be significantly delayed because of events outside our control;
8.2.4 we have suspended supply for technical reasons, or notify you we are going to suspend them for technical reasons; or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013) (CCRs). For most goods bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 All of our goods are manufactured by third parties, as a result, we will, where possible pass on the benefit of any manufacturer warranty. You understand that any issues/defects with the goods must be notified in accordance with the terms of the warranty. We will pass any such notifications to the manufacturer upon receipt. Please note that whilst every effort is made to ensure safe delivery of the goods to you, occasionally goods may be damaged in transit. We therefore ask that you check the goods on receipt and notify us as soon as possible, and in any event within 48 hours of receipt of all damage. This is so that we can contact our delivery partners to investigate. We use a third-party delivery partner and are subject to their notification procedures. If you do not notify us within that time, whilst we will do everything in our efforts to replace a damaged item, we cannot guarantee that we will be able to repaid, replace or refund subject always to your legal rights under the CCRs.
8.5 You do not have a right to change your mind in respect of:
8.5.1 any custom made or personalised goods;
8.5.2 goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
8.5.3 any goods which become mixed inseparably with other items after their delivery.
8.6 You have purchased goods, so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
8.6.1 your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
8.6.2 your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
8.7 Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract is completed when the goods are delivered. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you have changed your mind)
9.1 To end the contract with us, please call customer services team on 01935 315092 or email us at email@example.com. Please provide your order number, name, home address, details of the order, product serial number and/or product code and, where available, your phone number and email address;
9.2 If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Unit N1 Riverside Industrial Estate, Littlehampton, BN17 5DF or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01935 315092 or email us at info@ owncomforts.co.uk for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 We will pay the costs of return:
9.3.1 if the goods are faulty or misdescribed; or
9.3.2 if you are ending the contract because we have told you of an upcoming change to the goods 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, in all other circumstances you must pay the costs of return.
9.4 If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection. The amount costs will be provided to you prior to arranging the collection.
9.5 We will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 The goods returned shall be unopened, as supplied in the original packaging and in a re-saleable condition and where applicable reset to factory settings. If any packaging is damaged for whatever reason there will be a reduction to the refund amount, e.g. 25% reduction for opened packaging or any missing items, e.g. remote control.
9.7 When returning electrical goods, and they are not faulty, you must not have started using the product by switching it on and/or installing any data or software. If the product has been switched on, we reserve the right to refuse the return as it will be a used product and no longer re-saleable.
9.8 Where any goods have a security seal and that security seal is broken when returned the refund amount will be reduced by 25% of the value paid and a re-stocking fee will be charged. The refund reduction and re-stocking fee will be deducted from the refund amount.
9.9 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
9.9.1 If we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with postal tracking evidence that you have sent the goods back to us. For information about how to return a goods, see clause 9.2.
9.9.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
9.10 If after you post the goods we do not receive them, or the goods go missing during transit and we do not receive them, we shall not pay the refund in accordance with clause 9.9.1.
10. If there is a problem with the goods
10.1 If you have any questions or complaints about the goods, please contact us. You can telephone our customer service team at 01935 315092 or write to us at info@ owncomforts.co.uk
10.2 We are under a legal duty to supply goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the goods. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
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 03454 04 05 06.
Your products are goods (for example furniture or a laptop), the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
See also clause 8.3.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
10.3 If you wish to exercise your legal rights to reject goods you have two options:
10.3.1 Option 1 is for us to establish what part or section of the goods are damaged or faulty and we will endeavour to have the damage or fault repaired or replaced. We will request a photograph of the damage or fault in order to inform the manufacturer.
10.3.2 Option 2 is to have the goods replaced which will be supplied following the return of the damaged or faulty good. We recommend that the item is returned via a recorded delivery service which will allow the goods to be tracked. You will not be provided with a refund or replacement if the goods are lost in transit.
Please call customer services on 01935 315092 or email us at info@ owncomforts.co.uk to discuss a return.
11. Our responsibility for loss or damage suffered by you
11.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods as summarised at clause 10.2; and for defective goods under the Consumer Protection Act 1987.
11.3 We only supply the goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. How we may use your personal information
13. Other important terms
13.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if you have not paid in full, or the goods are outside of the warranty.
13.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 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.
13.5 These terms are governed by English law, and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.