Terms of Sale
These Terms of Sale (“Terms of Sale”) set out the terms and conditions on which we supply any of our products (“Product” or “Products”) listed on our website www.stressless.com and shop.stressless.com (“our site”) to you.
Please read these Terms of Sale carefully before ordering any Products from our site. These Terms of Sale tell you who we are, how we will provide Products to you, how you and we may end the contract, what to do if there is a problem and other important information. If you do not agree to these Terms of Sale you must not order any Product through our site.
1. Information about us
www.stressless.com and shop.stressless.com is a website operated by Ekornes Limited (“we”, “our”, “us”). We are registered in England under company number 1109326. Our registered office is Queens House, 180 Tottenham Court Road, London, W1T 7PD UK. Our Chief Executive Officer is Roger Lunde. Our VAT number is GB 240 6698 53. You can contact us using the following contact details: Tel. 0207 462 0440, e-mail: consumersupport.uk@stressless.com .
2. Ordering products
2.1 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.
2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
2.3 All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.
2.4 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, can be transported through the door of your home or room, stairs and doorways, and there are no other issues that could make delivery substantially more complicated or impossible.
2.5 You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
3. Availability
All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after receiving your order if, for any reason, the Products you have ordered are not available or are subject to any delay.
4. Images and size of Products
4.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the color of the Products. The Products that are delivered to you may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.
4.3 The leather for the Products is a natural material that comes from cattle hides. When the hide has gone through a tanning process and further processing to achieve the correct utilization properties, it is called leather. One characteristic of hide is that it is marked by nature, vegetation and the care the animal has been subjected to. Cattle spend most of their lives outdoors and will therefore be marked by external influences like insect bits, tears, scars, wrinkles, stretch marks.
5. Prices of Products
5.1 The price of any Product will be as quoted on our site, except in cases of obvious error.
5.2 The price of any Product may change from time to time, but changes will not affect any order we have accepted.
5.3 The price of a Product includes VAT (where it applies) but excludes any delivery costs, which where applicable will be added to the price of the Products and set out as part of the total amount due during the order process. To see the relevant delivery charges for a product, please refer to our delivery page.
6. Payment
6.1 We accept payment with the payment methods listed on our site. You must pay for the Products and any applicable delivery charges in advance of delivery of the Products.
6.2 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
7. Delivery
7.1 We offer a delivery service by our Delivery Partner in accordance with the timescales shown against each Product on our site. Please note that delivery timescales are estimates. You can find out more about our Product delivery by reading the information on the delivery page of our site.
7.2 Please refer to the delivery page of our site to find out more about our dispatch and delivery process and how long after dispatch you should expect the Products to be delivered. Although we will make every reasonable effort to ensure your Products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting us or our delivery partners. If we are unable to meet the estimated dispatch or delivery date, we will contact you with a revised estimated date.
7.3 Your delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery, we will leave you a note with information about how to rearrange delivery. If you have not accepted delivery after three attempts by us, we may treat the contract as having been cancelled by you in accordance with the terms of clause 10 below.
7.4 You can review the current status of your order at any time by logging into the “My Orders” section of your account on our site. You will receive a tracking link from our delivery partner. With this link you can review the detailed delivery status and also change the desired delivery date.
8. Installation
8.1 Our products are delivered fully assembled and boxed.
8.2 During the current situation with COVID-19, for the safety of employees and our customers, products will delivered curbside and is your responsbility to unpackage and place within your desired location.
9. Risk and Ownership
9.1 Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9.2 The Products will be your responsibility from the time that you (or a third party other than the carrier and indicated by you) take physical possession of the Products.
10. Cancellation, Returns and Refund Policiy
10.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your Products, you can return them to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
Right to cancel
10.2 You have a legal right to change your mind and cancel the contract between you and us within 14 days of delivery of your Products without giving a reason. This right is explained in more detail in this clause 10.
10.3 The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. Where you order multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Product, part, lot or piece that makes up your order.
10.4 In the case of our custom made sofas your 14 days to cancel the contract begins from the moment you place your order with us. Please note that after 14 days you will be unable to cancel the contract due to the bespoke nature of the work. If you wish to cancel after 14 days, you will be charged for the full price of the order. This does not affect your statutory legal rights.
10.5 To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. a letter sent by post or email or a telephone call). The easiest way to do this is to contact our Customer Services team, their contact details can be found in clause 18. You may use the following model cancellation form but you are not required to do so:
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Model Cancelation Form
To: ... E-mail address: ... I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*)/for the provision of the following service(*) Ordered on(*) / received on(*) Name of consumer(s), Address of consumer(s), Signature of consumer (only if this form is notified on paper) Date (*) Please delete if not applicable |
10.6 To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
Effects of cancellation
10.7 If you cancel your contract with us, we will reimburse you all payments received from you, including the cost of delivery (except that we reserve the right not to reimburse you for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us and for any deductions permitted under clause 10.10).
10.8 We will make the reimbursement without undue delay, and not later than: (a) 14 days after the day we receive back from you any Products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
10.9 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.
10.10 We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
10.11 We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.
Faulty or mis-described
10.12 If you are returning the Products to us because they are faulty or mis-described, we will refund: the price of the Product in full; any applicable delivery charges; and any reasonable costs you incur in returning the item to us (other than any costs incurred by you in returning the Products to us in person). As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 10 or any of the other general Terms of Sale.
10.13 We will refund you through the payment method used by you to pay.
How to return the Products
10.14 If you change your mind and exercise your right to cancel under clause 10.2 above after delivery, then the Products must be returned to us. In this case, this may be done by either:
(a) For most small items and certain, you will need to arrange for the Products to be returned to us at our distribution centre or to our delivery partner. In this case, the Products must be returned to us without undue delay and in any event no later than 14 days for the date that you exercised your right to cancel. You will be responsible for the cost of returning the Products to us.
(b) For certain mid-sized items and for most furniture items, we can arrange to collect the Products from your address. For more information about the specific return and collection costs that apply to different items and other information regarding returns and refunds, please refer to our “return and refunds page”.
10.15 If you exercise your right to return the Products under clause 10.11, because the Products are faulty, were not delivered as described or you otherwise have a legal right to return the Products as a result of something we have done wrong after dispatch of the Products, the Products must be returned to us. Depending on the item, this may be done either by you arranging for the Products to be returned to us or by us arranging to collect the Products from your address, as described in clause 10.14. However, in this case, the return or collection will be at no cost to you.
10.16 Please contact our Customer Services using the contact information below at clause 18 to arrange a return or collection of the Products.
10.17 You must take care when opening packaging that the Products were delivered in and carefully re-pack the Products in the original (or other suitable) packaging prior to returning the Products to us.
11. Your Data
We process information about you in accordance with our “privacy policy”.
12. Our Liability
12.1 We are under a legal duty to supply Products that are in conformity with our contract with you.
12.2 Our Products are designed for residential use and we do not make any guarantees or warranties about their performance in a commercial environment. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
12.3 If we fail to comply with a contract between you and us, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.
12.4 We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation;
12.5 This does not affect your statutory rights.
13. Dispute Resolution
13.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at consumersupport.uk@stressless.com or Tel. 0207 462 0440 and attempt to resolve the dispute with us informally.
13.2 In the unlikely event that we are not able to resolve the dispute informally, please note that the EU operates an online dispute resolution platform for EU consumers to submit disputes arising from online purchases, which can be accessed at “//ec.europa.eu/odr”. You will also always have the option of resolving the dispute using court action.
14. Severability
Each of the provisions of these Terms of Sale 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.
15. Updating these Terms of Sale
We may modify or update these Terms of Sale from time to time. However, any order of Products by you will be governed by the terms and conditions available on our site at the time you place the order.
16. Law
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.
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
17. Contacting you
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
18. Contact us
If you have any queries about these Terms of Sale, please send us an email at consumersupport.uk@stressless.com or contact us on the phone: 0207 462 0440.