Stressless London Brand Store Terms and Conditions

These terms and conditions relate to purchases made a Stressless, 82 Tottenham Court Road, London, W1T 4TF

Definitions

Products any sofas, armchairs, recliners, footstools, cushions, tables, or other products that we sell

Standard Range any Products that we advertise as being available in a preselected configuration and which are not Bespoke Products or Clearance Products.

Clearance Products any Products sold at a reduced price to our normal retail price, as used, remnants, or substandard, including but not limited to Products sold at a discounted price as a direct consequence of showroom or warehouse clearance.

Bespoke Products any Product that we make to your specifications or that we personalise to you. 

Modular Sofas corner sofas, chaise sofas, or any sofa which is produced and assembled in individual modular units

Website the Website located at www.stressless.com/en-gb or any replacement URL adopted by us. It does not include other regional variants intended for use in other countries.

Special Order an order containing Products that are not available in stocked predetermined configurations, where options are chosen by the customer at point of order and Products are manufactured on request, to this specification

Recipient the individual over the age of 18 at the delivery address who is signing for the Products 

1 These Terms
1.1 These Terms and Conditions of Sale (‘Terms’) apply to all contracts between Ekornes Limited (trading as Stressless) and/or our subcontractors (‘us/we/our’) and the customer (‘you/your’) in relation to all sales of our products and services.
1.2 Any order you place with us is not accepted until we have provided you with a written sales order confirmation (by email, by post, or in person)
1.3 Any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document issued by us is subject to correction without any liability on our part.
1.4 We reserve the right to update these Terms from time to time by posting the updated version on our Website, at which point they will apply to any future orders made (but will not affect any existing order).
1.5 If you have any questions about these Terms and Conditions, you may contact us at our registered address on the details indicated in condition 2.1 below.
 
2 About Us
2.1. Ekornes Limited, trading as Stressless, is a company registered in England and Wales (company registration number 1109326, VAT number GB240 6698 53). Our registered office is Ekornes Ltd, 22-24 Ely Place, London EC1N 6TE. Correspondence with our registered office should be addressed to consumersupport.uk@stressless.com or +44 (0) 207 462 0440.
2.2. Our trading address is Stressless, 82 Tottenham Court Road, London W1T 4TF.  Correspondence with our store should be addressed to londonstore@stressless.com or +44 (0) 203 621 9310.
 
3 Product Specifications
3.1. For all Products that you order, it is your sole responsibility to choose the colour and material that is suitable for your intended use of those Products, and to take all appropriate measurements in your property to ensure that the dimensions of those Products are suitable for your intended use of them.
3.2. The dimensions of the Products we supply may vary from those stated in their specification, but we will endeavour to ensure that they are within a 3cm tolerance of those stated.
3.3. The images of the Products on our Website, in digital media, and in printed literature are for illustrative purposes only. Whilst we make every effort to ensure that the colours of our Products are displayed as accurately as possible, we cannot guarantee that your screen or any printing methods used will display the colours accurately. 
3.4. All samples, drawings, descriptive matter, specifications, and advertising issued by us and any descriptions or illustrations contained on our website are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract, which is not a sale by sample.
3.5. We have a policy of continuous product improvement and reserve the right to amend the specification of Products without prior notice in relation to future sales.
3.6. If we experience difficulties in supplying certain Products, we will notify you as soon as possible of the delay. If the delay is significant, we may at our option either offer you an alternative product of equal or greater value or offer you a cancellation and full refund of the order.
 
4 Prices
4.1. All prices include VAT, unless stated otherwise, at the prevailing rate. If you live outside the UK, please note that the price you initially see may differ from what we charge you due to, for example, differences in your country’s VAT rate.
4.2. All prices which we have quoted to you are valid for up to 14 days from the date on which the quote was given, unless otherwise indicated by us. Discounts or offers that form part of a quotation may have shorter periods of validity depending on the period of the relevant campaign.
4.3. If an incorrect price is provided to you due to a technical or human error, we are under no obligation to provide the Products to you at the incorrect price.
5 Payments
5.1. We accept payments by credit or debit card, or by bank transfer. Payments by bank transfer will cause a delay to the confirmation of your order.
5.2. Payment must be made to secure any order. For clarity, this is required per order. 
5.3. Where a part payment is made to secure the order, all outstanding amounts must be received in full before delivery.
 
6 Unforeseeable Delays
6.1. We reserve the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Products ordered (without liability to you) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, floor, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days beyond the originally-quoted lead time, you shall be entitles to give notice in writing to us to terminate the Contract.
 
7 Delivery
7.1 Delivery of the Products shall be made:
7.1.1 to your nominated delivery address; or
7.1.2 at our sole discretion, to an alternative address specified by you.
7.2 The Recipient may be required to provide proof of address and photo identification prior to the delivery being made.
7.3 Any dates specified by us for delivery of the Products are intended to be an estimate only. Time for delivery shall not be made of the essence by notice. 
7.4 You shall take delivery of the Products within 21 days of us giving you notice that the Products are ready for delivery. This time frame is notwithstanding any unpaid balances that must be settled prior to delivery.
7.4.1 Notice that the Products are ready for delivery may be given by our nominated carrier on behalf of us.
7.4.2 Notice shall be given using the contact details provided by you at the point of purchase, or any amended contact details provided subsequently by you. This may be by email, telephone, or post.
7.4.3 You accept that notice is understood to have been given regardless of whether you acknowledge receipt of such notice.
7.5 Should you fail to take delivery within the time frame specified in condition 7.4 above, or we are unable to deliver the Products within the specified time frame because you have not provided appropriate instructions, documents, licenses, or authorisations:
7.5.1 you accept that risk in the Products shall pass to you (including for loss or damage caused by our negligence or that of our assignee);
7.5.2 you accept that storage will be payable at a rate of £80/week or part thereof, up to a maximum of 8 weeks;
7.5.3 you accept that storage charges will be charged separately from the Products and treated as an unpaid balance on your account which must be paid in full before goods will be delivered;
7.6 Should you fail to take delivery within the time frame specified in conditions 7.4 and 7.5 above, or we are unable to deliver the Products within the specified time frames because you have not provided appropriate instructions, documents, licenses, or authorisations, we will treat the goods as having been returned by you and will act accordingly (see Section 10 below).
7.7 The date of delivery will be agreed between you and our nominated carrier after you receive notice that the Products are ready for delivery and all unpaid balances have been settled. The first available delivery date will be no more than 7 calendar days after the date notice is given to you.
7.8 Should you change the date of delivery after agreeing a date with our nominated carrier, we reserve the right to apply an additional delivery charge of £55 per change.
7.9 Should our nominated carrier be unable to complete the delivery because you have not provided appropriate instructions, documents, licenses, authorisations, or information relevant to the delivery (including but not limited to access restrictions), we reserve the right to apply an additional delivery charge of £55 per delivery attempt.
7.10 Delivery will only be completed when all outstanding balances have been cleared from your account. This includes any second delivery charges and storage charges, which are invoiced separately from the Products. It is your responsibility to clear all outstanding balances in good time to allow for delivery to take place within the time frames specified above (see conditions 7.4 and 7.5).
 
8 Risk and Title
8.1 The Products will be at your risk from the time of delivery to the UK Mainland address which we specify in our order confirmation to you.
8.2 Ownership of the Products will only pass to you once you have taken delivery of your Products and we have received full payment of all amounts due in respect of the Products, including delivery charges (if any).
8.3 The Products will be your responsibility from the time of delivery.
 
9 Changes
9.1 This section applies only to Special Orders. It does not apply to Standard Range products available in preselected configurations.
9.2 Special Orders can be changed without penalty within 48 hours of placing the order.
9.3 Changes after the first 48 hours must be requested in-store through a Brand Ambassador, or through our Customer Service team.
9.3.1 Changes after the first 48 hours will be at the sole discretion of Ekornes.
9.3.2 Permitted changes after the first 48 hours may result in a delay to the fulfilment of the order. You agree that in such a case, the original lead time will no longer apply and the new lead time will be calculated from the date the change is accepted by us.
9.4 If your requested change results in an increase in the total cost of your order, the difference in price is payable immediately to confirm the change.
9.5 If your requested change results in a decrease in the total cost of your order, the following conditions will apply:
9.5.1 Where a part payment was taken at time of order, no refund will be issued. The balance payable prior to delivery will decrease.
9.5.2 Where a full payment was taken at time of order, a refund for the difference in price will be issued when we confirm the change. 

10 Cancellation and Returns

10.1 You have the following rights set out in this Section 10, provided you have purchased our Product(s) from our showroom in person or by telephone and as a consumer, and not otherwise. For the purpose of these Terms, you are a ‘consumer’ if you are an individual purchasing Products for purposes that are wholly or mainly outside your trade, business, craft, or profession. 
10.2 Products are intended for personal, indoor use only. Unless otherwise specified by us, no Products we supply are medically or ergonomically certified.
10.3 All Clearance Products are sold as seen. This means that, except where Clearance Products are faulty in a way that was not made evident to you at the time of the sale (which forms a condition of the price for which we sell you such Clearance Products), we do not accept returns on Clearance Products you have purchased from us in person. The law gives you certain statutory rights for the repair, exchange, or refund of faulty products – these rights are not affected.
10.4 Subject to the remainder of this clause 10, you have the following applicable cooling-off period during which you may cancel your order:
10.4.1 for Products from our Standard Range, you have the right to cancel your order either before delivery or within 14 days of delivery;
10.4.2 for Clearance Products, you have the right to cancel your order before delivery only;
10.4.3 for Bespoke Products, you may not cancel your order, either before or after delivery.
10.5 If you purchase the Products solely using our telephone number, you may cancel the Contract for any reason up to 14 days after delivery of the Products.
10.5.1 For the avoidance of doubt, condition 10.5 does not apply: (i) if the Products were purchased on site at our premises; or (ii) where a quotation was prepared following an on-site visit by you to our premises, which was subsequently accepted by telephone.
10.5.2 To exercise the right to cancel the Contract, you must inform us in writing (email or post) by sending us the completed form below.

To Stressless:
I/We hereby give notice that I/we cancel my/our contract of sale of the following Products:
Ordered on / Received on [*]:
Order reference number:
Name of customer(s):
Address of customer(s):
Customer contact telephone number:
Date of Notice of Cancellation:
[*] delete as appropriate
 
10.6 Your right to cancellation does not apply to Products made to specification, that have been clearly personalised, or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
10.7 If you wish to exercise your right of cancellation, you must take reasonable care of the Products until they are returned to us. You may handle the Products to the extend necessary to establish their nature, characteristics, and functioning, but otherwise the Products must be returned in the condition originally supplied.
10.8 If you elect to cancel the Contract, you shall at your own cost arrange for return of the Products to our nominated returns address (as shown on our website), as soon as is reasonably practicable and in any event within 14 days of cancellation.
10.9 If you cancel the Contract, we will reimburse all payments received for the Products including delivery charges. For the sake of clarity, this does not include second delivery charges and storage charges incurred under Section 7 above.
10.9.1 We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of any use of the Products or any unnecessary handling by you. 
10.9.2 We may withhold an amount from the reimbursement equal to any outstanding balances on your account, including but not limited to second delivery charges and storage charges.
10.9.3 If you received one or more free items with your purchase and do not return the items in their original condition within 14 days of cancelling the Contract, we may make a deduction from the reimbursement up to a maximum of the full retail value of the item(s) given. 
10.10 We will make the reimbursement without undue delay and not later than:
10.10.1 14 days after the day the Products are received at our nominated returns address; 
10.10.2 14 days after the date you provide evidence that they have returned the Products, if earlier; or
10.10.3 14 days after the date on which you inform us about their decision to cancel the Contract, if no Products have yet been supplied.
10.11 The following conditions apply to all reimbursements:
10.11.1 For purchased made by card, we can only issue reimbursements to the original payment card. 
10.11.2 For purchases made by bank transfer, we can only issue a reimbursement to the same account. 
10.11.3 We can alternately issue reimbursements to store credit, at our discretion.
10.11.4 We cannot issue refunds by cash or cheque in any circumstances.
 
11 Guarantee
11.1 Our basic Guarantee applies to Products purchased through the store. Some elements of the Guarantee require additional registration. Please check all the information about the Stressless®
Guarantee on our website at www.stressless.com/en-gb/legal-notice/stressless-guarantee
 
12 Materials
12.1 Material batches may vary. While we make every effort to produce Products ordered on the same order from the same batch, we cannot guarantee that subsequent order will match your original order.
12.2 Leather Products are made from natural leather and accordingly may not be uniform in colour or in texture. Only top-grain leather is used, which will show natural marks and scars on the hide, and which will exhibit different grain patterns between hides and between different parts of the same hide. Our leathers will mellow with age and exposure to sunlight and heat.
12.3 Wood is a natural product and accordingly will not be uniform in grain. Stain will take differently to different sections of wood, and to laminated wood compared to solid wood. These are features to be expected of natural wood furniture.
12.4 We cannot accept any responsibility for fading or discolouration caused by exposure to direct or indirect sunlight. Sunlight affects different fabrics in different ways, but sunlight, whether direct or indirect, will nevertheless always affect fabric colour. Darker fabrics, because they have further to fall, are likely to discolour and fade more. Different fabrics, dark or light are liable to fade or discolour at different rates.
12.5 After delivery, we cannot accept any responsibility for fading or discolouration, due to exposure to or contact with any chemicals or other products used nearby or applied directly. Please also note that there are certain aerosol sprays, most particularly odour neutralisers and nicotine neutralisers, which contain chemicals that can react with fabric dyes.
12.6 Covers are not removable and are not washable.
 
13 Complaints
13.1 If you are not entirely satisfied with your purchase please contact our Customer Service team at consumersupport.uk@stressless.com or by telephone at +44 (0) 207 462 0440 (Monday to Friday, 10:00am to 4.30pm). We will try to resolve any issues that you have as quickly as possible.
13.2 If you remain unhappy with our final response, you may be entitled to refer your complaint to The Furniture Ombudsman, and we are bound as a member to follow any ruling that they make. To find out more about The Furniture Ombudsman and how you might be able to use their dispute resolution service, visit www.thefurnitureombudsman.org or telephone 0845 653 2064.
 
14 Privacy
14.1 We process information about you in accordance with our privacy policy, which is available at https://www.stressless.com/en-gb/legal-notice/privacy-policy.
 
15 Our Liability
15.1 Our only liability to you as a consumer is to make right any shortage or non-delivery, to repair or replace any Products which are received by you in a damaged or defective state or to refund to you any sums paid by you for the Products in question. 
15.2 We will not be liable to you for any indirect or consequential loss, failure or delay in delivering Products or any damage or defect in Products delivered which is caused by any event or circumstance which is beyond our reasonable control.
15.3 These Terms govern the supply of Products for domestic and private use. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 
15.4 We do not in any way exclude or limit our liability for:
15.4.1 death or personal injury caused by our negligence;
15.4.2 fraud or fraudulent misrepresentation;
15.4.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); 
15.4.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
15.4.5 defective products under the Consumer Protection Act 1987.
 
16 Each of these terms operate independently
16.1 Each of the paragraphs of these terms and conditions operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
 
17 Rights of third parties
17.1 Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.

18 Law and Jurisdiction

18.1 These terms and conditions are governed by English law. This means that a Contract for the purchase of Products made in store and any dispute or claim regarding the purchase will be governed by English law.
18.2 You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Scotland, you may also bring proceedings in Scotland.
 
19 Contacting You
19.1 If we must contact you or give you notice in writing, we will do so by e-mail or by post to the Billing address you provide to us in your order.
These Terms and Conditions were last updated 08 January 2020.