Terms & Conditions - FAQs


Interpretation of Terms

Contract: The contract between yourself and us for the Products incorporating these terms.
Products: The furniture/interior items set out in your Sales Invoice/Receipt.
Order: Your order for the Products as described overleaf on the Sales Invoice.
Standard Area: Our standard delivery area is a 100mile radius from the store you purchased from,
UK Mainland ONLY - This excludes all Highlands, Islands or remote areas.
We/us/our: [Loom Loft Ltd] registered address;
Clifton Mill, Pickup St, Oswaldtwistle, Accrington BB5 OEY
Registered company Number [11605140] and trading address at;
Holly Road, Barrow Business Village, Clitheroe, BB7 9FL
You/your: The customer named in the Sales Invoice overleaf to whom we will supply the Products.
Writing: When we use the terms; “writing” or “written” in these terms, this includes digital
correspondence such as email.

Our Contract with You

1. Our Contract with You
1.1 Please read these terms carefully and the Order before you sign it. If you think there is a mistake or
require any changes, please let us know. We will confirm any changes in writing to avoid confusion.
The contract will start, and these terms will become binding on both of us once we have both
signed the Order. The Contract will end when we have both performed our obligations, including
under any guarantee or warranty
1.2 If you choose to pay by finance, you will need to enter into a separate finance agreement with our
finance provider, subject to application and status. If you cancel the finance agreement, the Contract
will remain in force and you will need to find an alternative method of payment within 30 days and in
any event before delivery.
1.3 We normally only deliver within our Standard Area. Outside this area may be serviced under
sub-contract to a 3rd party. Quotes will be provided on reques

Amending your Order

2. Amending your Order
2.1 You may amend your order via a written request to change the colour or combination of your Order
within 7 days of placing your Order. To do so, please contact the store at the earliest opportunity to
allow us to accommodate the change in good time.
2.2 Any changes made to an order within this 7-day period may result in a revised lead time for your
Order, which will be communicated to you on acceptance of the amendment by the manufacturer.
2.3 Any agreed changes will be confirmed in writing by us and are subject to these terms and conditions

Prices

3. Prices

3.1 All our prices include VAT and will be itemized on the Order Confirmation.

3.1.1 Some disability products such as Sherborne Lift & Tilt Risers are VAT exempt under HMRC guidelines,

and production of certain documents. It is your responsibility to ensure you qualify as no prices can

be amended after the goods have been ordered.

3.2 When an Order is not paid for in full when placed, you must pay an agreed deposit. For a cash

purchase this equates to 50% of the total Order value. Financed orders must have a minimum

deposit of 20%.

3.3 All deposits must be paid before the goods are ordered. Failure to do so may result in a revised lead

time; as we are unable to release an Order to a manufacturer until a deposit has been secured

against it.

3.4 The Product price excludes your applicable delivery charges which will be listed separately on your

Order. The price also excludes any potential redelivery charges or exceptional charges due to delivery

or access issues. (See Clause 6)

3.5 Despite our best efforts, occasionally an item may be incorrectly priced on the Order. Should the

correct price be lower, we will as part of our daily price checking refund the difference to you.

However, if a Product’s price is higher, we will normally at our discretion request the additional

payment or cancel the order and return any associated deposits. On rejection of the order, we will

notify you of this in writing. In either event, if you have chosen to pay by finance, you may be required

to return to store to cancel your agreement and where applicable re-apply at the correct amount.

3.6 We accept Visa and Mastercard at present, please note we do not accept AMEX. When paying a

deposit relating to a financed order, the card must be associated with the applicant’s bank account

used for the direct debits to be withdrawn from; or a credit card in the applicants name. Orders placed

instore and paid via chip and pin may be delivered to any address stated on the Order Confirmation;

however, card payments taken over the phone can only be delivered to the address that the card is

registered to.

3.7 Any event that which means Products are delivered and your card is declined, you cancel, reverse,

chargeback the transaction through your bank, or stop payment will result in us instructing a debt

collection agency to recover the debt if not settled in 7-days. Where applicable we may recover the

debt through the courts, in which case any debt collection costs, and interest will be added to the

amount you owe us.

Delivery of Products

4.1 We will deliver the Products to you or; you may collect the Products from us. If however you have

chosen to pay for your Products by finance, we must deliver the goods to the stipulated address on the

credit agreement.

4.2 Deliveries will only be made to the address in the Order Confirmation. If you wish to change the address,

you must notify us within 7-days before the agreed delivery date. We will need you to complete a change

of address form and provide proof of personal identification. Only 1 proof may be

used per address – we will not accept for example a Driving License issued to both.

4.2.1 Choose 1 for the old address;

4.2.1.1 Passport, Bank Statement, Driving License, Council Tax or Utility Bill

4.2.2 Choose 1 for the new address;

4.2.2.1 Mortgage Offer Letter, Bank Statement, Driving License, Council Tax or Utility Bill

4.2.3 For orders which you have chosen to pay by finance, we will only be able to deliver your Products once

the Finance provider has completed fraud checks.

4.3.1 Once your Products are ready for delivery, we will contact you to arrange to deliver them as quickly as

possible. Unless agreed in writing at the point-of-sale, we are unable to store goods for you, and

expect you to take delivery within 7 days of arriving into our Distribution Centre. If we are unable to

arrange a delivery date with you within 28 days of receipt; we reserve the right to charge storage at a

rate of £25p/week back dated to the date they arrived into our Distribution Centre.

4.3.2 If we are unable to arrange a delivery within 8 weeks of receipt, we may have to cancel your Order and

charge a reasonable restocking fee to cover administration, transit and storage costs incurred. The

charge for this will be 25% of the Contract price for the Products;

(this does not include delivery charges or Staingard).

4.4 On the day of delivery, you are required ensure our delivery team have easy access to your Product;

and the room of choice and the walkway to that room is clear of obstructions and safe for our delivery

team to work in. If no-one is available to accept delivery; or there is not a person of at least 18 years old

available to sign for the products; your Order will be returned to our Distribution Centre and a redelivery

charge of £99 will become due.

4.5 You are required to inform us of any special factors to form part of your Order Confirmation that may

result in your delivery being more costly and/or taking longer than it would otherwise be expected; such as

parking restrictions.

Delivery Lead Times

5.1 We will tell you of the delivery lead time in weeks, and as such all lead times are approximate as

bespoke / made or supplied to order items may vary by upto 4 weeks (earlier or later) than the lead

time given. Your delivery lead time will be specified on your Order Confirmation. We will only accept

your Order if you agree to the delivery lead time supplied and its approximate nature.

5.2 If we do not deliver your products within the estimated lead time plus the additional 4 weeks then you

may cancel your Order providing the following circumstances are met; we have not received your

Products or delivery within the lead time was essential and you specified before we accepted your

order that delivery within the deadline was essential (this agreement must be clearly documented in

writing).

5.3 If you cancel your Order for late delivery, this may be in full or in part; unless splitting them up would

materially impair their value.

Re-delivery Charges

6.1 You will have to pay a re-delivery charge of £99 if the Products have to be re-delivered for any of the

following reasons; conditions 4.4 and 4.5, access problems at the address, the Products would not fit

into the room you intended them to go into, the delivery proved unsafe (eg. Breach of Health & Safety

legislation), or unlawful (trespass or there was no one present at the delivery address aged 18+ with

authority to sign for the delivery of the Products)

6.2 You must pay the re-delivery charge before a re-delivery date is agreed.

6.3 If re-delivery proves to be impossible on at least 2 occasions because of any problems listed in

condition 6.1 we will cancel the Contract and deduct a 25% restocking fee of the price of the Products

(that is the purchase price) and we will retain any delivery, re-delivery or specialist service charges.

Cancellations – On Trade Sale (For customers purchasing instore)

7.1 You will have no right to cancel the Contract or Return the product once delivered, unless we agree

in writing or the Product does not conform to the Contract.

7.2 Where we agree to a cancellation (as opposed to a non-conforming Product) we will write to you to

advise that the Contract has been cancelled. PLEASE NOTE IMPORTANT: Where we accept a cancellation

we will cancel the Contract and deduct a 25% restocking fee of the price of the Products

(that is the purchase price) and we will retain any delivery, re-delivery or specialist service charges.

If you have not paid 25% or more of the Contract price at the time of cancellation; or if your goods have

been chosen to be paid for by finance, we will ask you to pay the remaining shortfall and may put any

deposit you have paid towards that sum. This condition does not affect your statutory rights in relation

to Products that do not conform to the Contract.

7.3 When your order consists of stock Products off the shop floor, we ask you to fully examine the items

as they are sold as seen. Where any faults or damage are found these will be noted on a separate

inspection sheet; and will be signed by yourself, your sales assistant and where applicable the

Store Manager, this will form part of the Contract. These faults are not limited to only wear and tear;

and we will accept no claims under warranty or guarantee for those found at the inspection stage.

Cancellations – Off Trade Sale (For customers purchasing at a distance; eg online or over the phone)

8.1.1 Your right to cancel an Order starts the moment we receive your Acknowledgement and ends 14 days

from the date we deliver or you collect your Products.

8.1.2 If your order consists of multiple Products, the 14 day cancellation period runs from the delivery or

collection of the last of the batch.

8.1.3 The 14 day period provides you the opportunity to decide whether to cancel the Order; you will then

have a further 14 days to return the goods to us.

8.2.1 Your refund will be processed within 14 days.

8.2.2 A deduction can be made to your refund if the value of the Products has reduced due to excessive handling.

The extent that you can handle the goods; is the same as assessing them instore.

8.3.1 A refund to the delivery charge at the basic rate will be made; we are not obliged to refund any

enhanced services that you have opted for on the Order Confirmation.

8.3.2 We are not obliged to refund any costs associated in returning the goods to us.

8.3.3 If you would like us to collect the goods, this can be arranged at a cost of £99 for UK Mainland ONLY.

8.4.1 You will have no right to cancel the Contract or Return products that have been specially made for you.

The vast majority of our upholstery and bespoke dining ranges will be made-to-order to your

personal requirements and are typically distinguishable as they advertised with a lead time; as opposed to

items which are displayed as instock or clearance.

8.4.2 Where we agree to a cancellation (as opposed to a non-conforming Product) we will write to you to

advise that the Contract has been cancelled. PLEASE NOTE IMPORTANT: Where we accept a cancellation

we will cancel the Contract and deduct a 25% restocking fee of the price of the Products

(that is the purchase price) and we will retain any delivery, re-delivery or specialist service charges.

If you have not paid 25% or more of the Contract price at the time of cancellation; or if your goods have

been chosen to be paid for by finance, we will ask you to pay the remaining shortfall and may put any deposit

you have paid towards that sum. This condition does not affect your statutory rights in relation to Products that

do not conform to the Contract.

Product Quality & Variances

9.1 Although we have made every effort to be as accurate as possible, because many of our Products are

“made-to-order”, therefore all sizes, weights, capacities, dimensions and measurements carry a

reasonable tolerance of 3%.

9.2 When selecting colours from our swatches, it is important to understand that fabric and leather is

dyed in batches, and unless purchasing multiple Products at the same time; a batches colour match

cannot be guaranteed. Due to this; swatches should be used as a guide only and are not indictive

of the exact colour you will receive.

9.3 Marble, Natural wood and industrial Products will exhibit variances in grain, finish and feel from 1

Product to another and should be purchased under the understanding that what you will receive will

be unique to you, and rarely matches the exact finish to that which you viewed instore/online.

9.4 Leather Products can exhibit natural characteristics and variances for 1 panel to another. For the

closest match, a corrected grain will minimize variances. Aniline, Nubuck, Top Grain, Pull-Up or any

other leather which has not been corrected will however display natural markings such as tick and

bite marks, brandings, scars, and significant grain differences from 1 panel to another as not all panels

may have come from the same source.

Returns (Non-Conforming Products)

10.1 Under the Consumer Rights Act all products must be; Fit for purpose, As described, Satisfactory Quality.

10.1.2 Depending on how long your have owned the Product affects if you can claim a refund;

  • 0 - 30 days if you refuse a repair or replacement, you can claim a full refund.
  • 30 days - six months you must provide us at least one opportunity to repair or replace the Product

before you can claim a refund.

  • Six months or more you must provide us at least one opportunity to repair or replace the Product before

you can claim a partial refund, and the burden of proof is on you to prove the product is faulty.

10.2.1 When accepting a repair or replacement, you can state your preference; however, we reserve the right

to choose which would be easier or more cost effective to do so.

10.2.2 If the repair or replacement we have attempted is unsuccessful you can claim a refund or price reduction

if you wish to retain the Products.

10.3.1 Beyond the first 30 days of ownership you are entitled to a full or partial refund instead of a repair or

replacement if any of the following are true:

  • an attempt at repair or replacement has failed.
  • the cost of the repair or replacement is disproportionate to the value of the Products.
  • a repair or replacement is not possible.
  • a repair or replacement will cause you significant inconvenience.
  • the repair or replacement will take an unreasonably long amount of time.

10.3.2 If a repair or replacement is not possible, or the attempt at repair fails, or the first replacement

also turns out to be defective, you can reject the goods for a full refund.

10.3.3 If you don't want a refund and still want your product repaired or replaced, you have the right to

request that we make further attempts at a repair or replacement.

10.3.4 If you discover the fault within the first six months of receiving the Product, it is presumed to have

been there since the time you took ownership of it - unless it is proved otherwise.

10.3.5 We cannot make any deductions from your refund in the first six months following an unsuccessful

attempt at repair or replacement.

10.3.6 If a fault develops after the first six months, the burden is on you to prove that the product was faulty

at the time you took ownership of it. In practice, this may require some form of expert report, opinion or

evidence of similar problems across the product range.

10.4 In all cases where a full refund is provided; the Products must be made available for collection within

a reasonable period of time; from the address that delivery was made to on the Order Confirmation.

10.5 Your refund will be processed within 14 days.

Title and Risk

11.1 Delivery of an Order will be completed when we deliver the Products to the address you provided, or

they are collected from us by you or a third party instructed by you. Once delivery is completed or collection

has been made, the Products will be your responsibility.

11.1.1 Title of ownership shall however not pass to you; until all outstanding balances have been collected,

and / or your finance agreement has been activated.

IF THERE IS A PROBLEM WITH YOUR PRODUCTS – IMPORTANT

12.1 How to tell us about a problem – We are under a legal duty to supply Products that conform with this

Contract – if you have any questions or complaints about the Products please contact us in the first

instance by telephone to the Customer Service Team on 01254 304070.

12.2 Your obligation to return rejected Products – If you wish to exercise your legal rights to reject Products

you must either return them to us in person to the store you purchased them from (complete with no

missing parts); or allow us to collect them from the address we delivered your Products to. We will

only pay the cost of collection for goods delivered to UK Mainland addresses.

Our Warranty

13.1 We offer our standard twelve months warranty on all Products.

13.2 We warrant that on the date of delivery and for the Warranty period, the Products will be free from

material defects arising from normal domestic home use for Products remaining in the UK.

13.3 The usual warranty does not apply to any defect in the Product arising from wilful damage, storage

conditions, accident, negligence by you or a third party, any commercial or institutional use, your failure

to follow our Care Advice or any instructions given with your Products, or any alteration or repair you

carry out without our prior written consent.

13.4 You will have to pay a call out fee of £75 inc VAT if you wish to make a warranty claim on or after the

twelve months from and including the delivery date of the Products. If there is not an exact replacement

available as a remedy, eg: the Product is discontinued you will be offered a price reduction as a remedy

based on the age of the Products since delivery. Any monetary value of the Products will be based on

the purchase price only and not any Recommend Retail value.

13.5 The warranty does not affect your legal rights in relation to Products.

Our Liability to You

14.1 If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a

foreseeable result of our breach of the Contract or our negligence, but we are not responsible for any

loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence

of our breach or if they were contemplated by you and us at the time we entered this Contract.

14.2 Neither you nor we will be liable for loss of income, loss of anticipated savings or losses arising from

any waste of time.

14.3 We only supply the Products for domestic and private use. You agree not to use the Products for any

commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of

business, business interruption, or loss of business opportunity.

14.4 We do not exclude or in any way limit our liability (a) for death or personal injury caused by negligence;

(b) for fraud or fraudulent misrepresentations; or (c) as set out in s.31 Consumer Rights Act 2015

Events Outside of Our Control

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of any of our

obligations under these terms that is caused by an event out of our control.

15.2 An “event out of our control” means any event beyond our reasonable control including

(but not limited to) the following; strikes, lock-outs of other industrial action by third parties, civil

commotion, riot, invasion, terrorist attack or threat of war (whether declared or not) or threat of

preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural

disaster, failure of; railways, shipping, aircraft, motor transport or other means of public or private

transport, or failure of public telecommunications networks. Unforeseen disruption to global manufacturing

supply chains for any other reason leading to raw material shortage and / or production shortfalls.

15.3 If an event outside our control takes place that effects the performance of our obligations under the

Contract, we will contact you as soon as reasonably possible to tell you.

15.4 Our obligations under the Contract will be suspended and the time for performance of our obligations

will be extended for the duration of the event outside our control. When the event outside our control

affects the delivery of Products to you; we will arrange a new delivery date with you after the event

outside our control is over.

15.5 Compensation, discounts, gift vouchers or other requests which would bear a financial cost to us

will not be accepted.

HOW TO CONTACT US - IMPORTANT

16.1 You can contact us if any condition in these terms requires you to give us notice by;

telephone 01254 304070

email sales@loomloft.co.uk

or by letter delivered by registered post to;

Holly Road, Barrow Business Village, Clitheroe, BB7 9FL

16.2 We will confirm receipt of this in writing.

OTHER IMPORTANT TERMS

17.1 Each of the paragraphs of all these terms operates separately. If any court or relevant authority

decides that any are unlawful, the remaining paragraphs will remain in full force and effect.

17.2 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 we will automatically waive our rights again at any later date.

17.3 Your contract is governed by English law. You and we both agree to submit to the non-exclusive

jurisdiction of the English courts, and therefore Northern Irish residents may bring proceedings in

Northern Ireland and Scottish residents in Scotland.