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We are Perch and Parrow Ltd, a company registered in England and Wales under company number 10305303 and have our registered office at 923 Finchley Road, London, England, NW11 7PE (“we” / “our” / “us”). Our VAT number is 247 6049 90
1.2 These Terms will apply to any contract between us for the sale of Products to you (the “Contract”). Please read these Terms carefully and make sure that you understand them before ordering any Products from our Website. Please note that before placing an order you will be asked to agree to these Terms. If you do not agree to these Terms, you must not order any Product through our Website.
1.3 We recommend that you print a copy of these Terms or save them to your computer for future reference.
1.4 We reserve our right to amend these Terms from time to time. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you would like to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
1.5 Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1.6 You must be over the age of 18 (eighteen) years to place an order with us and we reserve the right not to accept an order where we reasonably believe that you do not meet this requirement.
1.7 These Terms together with our order form constitute the whole agreement between you and us and supersede any prior promises, representations, undertakings or implications whether written or oral.
2. Descriptions of our Products
2.1 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 your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images as may the packaging.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Website may vary slightly from that listed, but we will endeavour to ensure that they are within a 1.5% tolerance of those stated.
2.3 We have a policy of continuous product development and reserve the right to amend the specification of Products without prior notice in relation to future sales.
3.1 The majority of our fabrics are created from natural materials and there can be slight variations between batches.
3.2 We are unable to accept responsibility for fading or discolouration caused by exposure to direct or indirect sunlight. Please bear in mind that different fabrics are liable to fade or discolour at different rates.
4. Ordering Goods from Us
4.1 Our shopping pages will guide you through the steps you need to take to place an order with us. 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 page of the order process. It is your responsibility to ensure your order is correct.
4.2 We will not be responsible for any mistakes made on the order form by you. If there is a mistake, you must notify us in writing of the correct details before the Products have been dispatched. We will notify you if we are unable to comply with the terms of the amended order, or if there will be any additional costs in doing so.
4.3 We will send you an email that confirms our acceptance of the order (the “Acceptance Email”). The Contract between us will only be formed when we send you the Acceptance Email.
4.4 If we are unable to supply you with a Product or meet the exact terms of your order for any reason, we may need to substitute the Product with an alternative of equal or better standard and value, we will inform you of this by email and we will not process your order pending your acceptance of the change (an appropriate substitute Product may not always be possible). If you have already paid for the Products, and you no longer wish to proceed with the purchase at this stage, we will refund you the full amount including any delivery costs charged as soon as possible.
4.5 Orders received on Saturdays, Sundays or public holidays and after 1pm on weekdays will be processed by us on the following working day.
5. Price of Products
5.1 The prices of the Products will be as quoted on our Website at the time you submit your order. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
5.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
5.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the United Kingdom for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
5.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
5.5 It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
5.5.1 where the Product's correct price is less than the price stated on our Website, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order; and
5.5.2 if the Product's correct price is higher than the price stated on our Website, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
6. How to Pay
6.1 You can only pay for Products using a debit card, credit card, a PayPal account or an Amex card. Payment for the Products and all applicable delivery charges are taken at the point of order except payments made by American Express which incur a surcharge of 1% of the total transaction. This surcharge will appear directly on your card statement. The payment will be processed once we have accepted your order. Payments are processed via our secure payment system.
6.2 When making a payment to us, you are confirming that all details you provide to us for the purpose of purchasing any Products are correct, and that the credit or debit card or PayPal account which you use is your own, that there are sufficient funds or credit facilities to cover the cost of any Products, and that you are over the age of 18 years. We reserve the right to obtain validation and verification of the authenticity of your credit card or debit card details or your PayPal account before processing your order.
7. Your Right of Return and Refund
7.1 You have the right to cancel a Contract within 14 (fourteen) days from the date of delivery of the Products (the “Cancellation Period”). This means that if you change your mind during the Cancellation Period or decide for any other reason that you do not wish to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a full refund. Please note that the right to change your mind does not apply to any bespoke Products you purchase from us (i.e. Products where you have chosen a fabric outside of our range).
7.2 To cancel a Contract, you just need to let us know that you have decided to cancel within the Cancellation Period. The easiest way to do this is to complete the cancellation form provided at the end of these Terms. If you use this method, we will email you to confirm we have received your cancellation.
7.3 You can also email us at firstname.lastname@example.org or contact our Customer Services team by telephone on 0208 629 1166 or by starting a Live Chat with us. If you are emailing us or writing to us, please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the Cancellation Period or email us before midnight on that day. If the last day of the Cancellation Period is a Saturday, Sunday or public holiday, the Cancellation Period will be extended to the next working day.
7.4 If you cancel your Contract, we will:
7.4.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way that goes beyond that necessary to establish the nature, characteristics and functioning of the Products as might be reasonably allowed in a shop;
7.4.2 refund any delivery costs you have paid, as long as the Product was not due to be delivered that day or has already been dispatched by us; and
7.4.3 make any refunds due to you as soon as possible and in any event within 14 (fourteen) days of the day on which we collect the Product from you.
7.5 If you cancel your Contract you must arrange a return collection of the Products with us within 14 (fourteen) days of the date of cancellation. The return collection charges for the Products is £45.00 (forty five pounds sterling) for large Products and £4.99 (four pounds and ninety nine pence sterling) for small Products. The return collection charges will be deducted from your refund.
7.6 If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.7 We will refund you on the credit card, debit card or to the PayPal account used by you to pay.
7.8 We are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms.
8.1 You can see your delivery options on our Website before you place your order.
8.2 Unfortunately, we only delivery to addresses in United Kingdom mainland, Northern Ireland and the Channel Islands.
8.3 Your estimated dispatch date will be sent by email or confirmed over the phone. This dispatch date indicates when we expect to send the Products to our delivery partner. 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 the manufacturer of the Product 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.
8.4 Products transported outside the United Kingdom may be subject to customs, handling, import and/or export duties, and may require licences, clearances and other consents in order for the Products to be transported. You will be responsible for the payment of any such duties and for obtaining and maintaining any such licences, clearances and consents. You must comply with all applicable laws and regulations of the territory for which the Products are to be delivered. We shall not be liable for any breach by you of any such laws and/or regulations.
8.5 Your delivery will be completed when the Products have arrived at the address you gave to us and are signed for either by you or by someone at the delivery address on your behalf. If nobody is available 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 for small Products, or, two attempts for large Products, we may treat the Contract as having been cancelled by you and we will reimburse you for any payment you have made, minus the cost of delivery.
8.6 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.
8.7 You are responsible for the Products when delivery takes place. In other words, the risk in the Products passes to you when you take possession of the Products.
8.8 You own the Products once we have received payment in full and cleared funds, including all applicable delivery charges.
8.9 To avoid any damage to your property or any items therein during the course of delivery, it is your responsibility to ensure clear access to the relevant room(s) in advance of delivery, including keeping children and pets out of the way, removing any precious items and protecting floors as necessary.
8.10 We are not responsible for the removal or movement of any furniture or other items upon delivery unless we have agreed this with you in advance.
8.11 Any damage to the Products or your property or its contents as a direct result of our delivery service must be reported to us by email within three working days of the delivery taking place. If you do not report such damage to us within this time frame, then we shall not be liable to you for any such damage.
8.12 We may inform you that we are happy to deliver the Products but that access to the delivery address is inadequate for us to make delivery without risking causing damage to the Products to your property or its contents. If you request that we proceed with delivery then such delivery will be at your own risk and we accept no responsibility for any damage that may occur.
8.13 We will unwrap and assemble all Products upon delivery, excluding the outer packaging of any mattress. Once the outer packaging of the mattress is opened it cannot be returned. If you would like any mattress packaging removed, you may ask us to do so but, in doing so, you accept that you will not be able to return or exchange it.
8.14 Our liability (if any) for non-delivery of the Products shall be limited to refunding the price paid for such Products.
9.1 We provide the following guarantees:
9.1.1 the frames on our made to order sofas are guaranteed for one year from the date of delivery; and
9.1.2 cushion fillings, coverings and upholstery on our Products are guaranteed for one year from the date of delivery; and
9.1.3 our mattresses are guaranteed for five years from the date of delivery.
9.2 Our guarantees are limited to Products sold and retained in the United Kingdom and used solely for non-commercial purposes.
9.3 Our guarantees do not cover fair wear and tear, neglect, abuse or misuse of your Products (including failure to follow any Product care instructions that we provide), loss or damage (including rusting and corrosion) due to unreasonable exposure to water or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, theft, accidental damage or loss or damage caused by someone else. We do not provide any guarantee for fabric (or other items) supplied at your specification, or in respect of any defect in Products caused by any defect in, failure of or unsuitability of any fabric or other items provided.
9.5 Where defective Products are covered by one of our guarantees, we will endeavour to repair them free of charge. If a repair is not possible you will be offered a replacement and only if a suitable replacement is not available will you be offered a refund. Where possible, refunds will be made using the same means of payment as you used to purchase the relevant Products. In the case of card payments, refunds will be made to the original card of purchase.
9.6 Our Guarantees may not be assigned to someone else unless you have purchased the Product as a gift in which case you may transfer the benefit of the guarantee without asking for our consent.
9.7 Any Product guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10. Discount Codes
10.1 From time to time, we may offer discount codes which may apply to any, or certain, Products made through our Website.
10.2 Discount codes must not be posted on consumer forums as they will be immediately invalidated.
10.3 Only one discount code can be applied to any one order, this includes any promotional codes or offers, unless agreed otherwise by us.
10.4 When you use a discount code you warrant to us that you are the duly authorised recipient of the discount code and that you are using it in accordance with these Terms, lawfully and in good faith. If we believe that a discount code is being used in breach of these Terms, unlawfully or in bad faith, we may reject or cancel the discount code.
10.5 Any order for Products made using a discount code will be governed by these Terms.
11. How we use your Personal Information
12. Our Liability to You
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence up to a limit of the price paid for the Product, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
12.2 We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 Not withstanding any other terms of these Terms, we do not in any way exclude or limit our liability for:
12.3.1 death or personal injury caused by our negligence;
12.3.2 fraud or fraudulent misrepresentation;
12.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
12.3.4 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
12.3.5 defective products under the Consumer Protection Act 1987.
13. Communications Between Us
13.1 When we refer in these Terms to "in writing", this will include email.
13.2 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
13.3 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
14. Other Important Terms
14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you have purchased a Product as a gift, you may transfer the benefit of any satisfaction guarantee we may have given to the recipient of the gift without needing to ask our consent.
14.3 This Contract is between you and us. No other person will have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if the recipient of your gift of a Product will have the benefit of any satisfaction guarantee we may have given, we and you will not need their consent to cancel or make any changes to these Terms.
14.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.6 If you have a dispute with us relating to our contract with you, in the first instance please contact us at email@example.com and attempt to resolve the dispute with us informally. You can also write to us at: Perch and Parrow Ltd, 923 Finchley Road, London, England, NW11 7PE.
14.7 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by English law.
14.8 You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
Notice of Cancellation
(Complete and return this form only if you wish to withdraw from the Contract)
To: Perch and Parrow Ltd, 225A Brecknock Rd, N19 5AA
I/We* hereby give notice that I/We* cancel my/our* contract of sale of the following Products:
Ordered on*/received on*:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper),
(*Delete as appropriate)
Website Terms & Conditions
1. Other Applicable Terms
1.1 These Terms refer to the following additional terms, which also apply to your use of the Website:
1.1.3 our Terms and Conditions of Sale which will apply if you purchase goods from the Website.
2. Changes to the Terms
2.1 We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
2.2 We may update the Website from time to time, and may change the content at any time, (but we are not obligated to do either).
3. Using the Website
3.1 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete or up to date.
3.2 You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and any other applicable terms and conditions and that they comply with them.
3.3 The Website is directed to people residing in the United Kingdom. We do not represent that the content available on or through the Website is appropriate for use or available in other locations.
3.4 We shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended or restricted temporarily and without notice in the case of system failure, maintenance or repair or for any other reason at our discretion.
3.5 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you should treat such information as confidential. You should not disclose it to any third party.
3.6 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
3.7 If you know, or suspect that anyone other than you knows, your user identification code or password, you must promptly notify us at firstname.lastname@example.org
4. Intellectual Property
4.1 The Website and all intellectual property rights in it including but not limited to any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Website are owned by, or licenced to, us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with the Website and these Terms. This means, for example, that we remain owners of them and are free to use them as we see fit.
4.2 Nothing in these Terms grants you any legal rights in the Website other than as necessary to enable you to access the Website. You agree not to adjust or to try to circumvent or delete any notices contained on the Website (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Website.
4.3 If you wish to link to any part of the Website, you must obtain our prior written consent. We reserve the right to withdraw any linking permission we may provide to you without notice.
5. Acceptable Use and Conduct
5.2 We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights or of their right to privacy. 5.3 You are prohibited from posting or transmitting to or from the Website any material:
5.3.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
5.3.2 for which you have not obtained all necessary licences and/or approvals; or
5.3.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or 5.3.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5.4 We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with these Terms.
5.5 You may not misuse the Website (including, without limitation, by hacking). You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
6.1 The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content of the Website.
6.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
6.4 Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.5 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Sale.
7. Third Party Websites
7.1 Where the Website contains links to other websites and resources provided by third parties, these links are provided for information only. They should not be interpreted as approval by us of those linked websites or information you may obtain from them.
8. Jurisdiction and Governing Law
8.1 These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
8.2 Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.