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Terms + Conditions

Every business works differently, and we’re legally obliged to share our terms of business with you, but aside from that we think it’s a good idea that you know how and why we work the way we do. Please take a moment to read the details.

TERMS AND CONDITIONS

Overview

www.makerandson.com is operated by Maker&Son Limited. We are registered in England and Wales under the company number 11208283 and our registered office is at Kemps House, London Road, Balcombe, RH17 6JH. Our Vat number is 11208283. You can contact us by email via enquires@makerandson.com, or by phone on +44 800 024 6100.

Throughout the site, the terms “we”, “us” and “our” refer to Maker&Son. Maker&Son offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. In these Terms, any references to “you”, “your”, “yours” is a reference to users of the site as described above. Any reference to ‘Products’, ‘items’, ‘goods’ or ‘order’ is a reference to the Products designed by us and supplied to you as part of the contract for the sale of goods. Unless the context otherwise requires, words in the singular shall include the plural and vice versa.

Please read these Terms and Conditions carefully before accessing or using our website, and before you submit an order to us. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms of this agreement, then you may not access the website, order from us or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

TERMS AND CONDITIONS

Contents

1. OUR PRODUCTS AND SERVICES

1.1 We continuously develop our Products and we therefore reserve the right to amend the specification of Products without prior notice in relation to future sales.

1.2 The measurements of all furniture and furnishings made by us will be as accurate as possible, but are approximate.

1.3 A Bespoke Order is an order for a product custom made to your specifications and / or requirements (e.g. using your own material and/or measurements). If we are making the product to measurements you have provided, you are responsible for ensuring that these measurements are correct. The final dimensions of the finished Product will be within 2cm of the requested measurements.

1.4 It is your responsibility to check that all of the details on the order form are correct, including the exact specifications of the Products and delivery details.

1.5 Many of our Products have natural wood exposed, such as the wooden legs. As with all natural materials, wood and fabrics will change with age and exposure to sunlight.

1.6 We will endeavour to match the colour and texture of the fabric of your sofa to the samples chosen as accurately as possible, but batch variations in both the colour and texture may occur. The most common variation is that of color – although the actual variation is often almost negligible or very slight. Some fabrics will be more affected than others.

1.7 Whilst we guarantee to make all your order from the same batch, we cannot guarantee that subsequent orders will match your original order.

1.8 Because of the nature of the materials used, any finishes that are applied to the exterior of our Products may alter the final colour and feel of the fabric.

1.9 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 are likely to discolour and fade more. Different fabrics, dark or light are liable to fade or discolour at different rates. After delivery, we cannot accept any responsibility for fading or discolouration, due to exposure or contact with any chemicals sprayed 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 (these products will normally warn against spraying close to upholstery without first covering it).

2. PRICES AND PAYMENTS

2.1 The price of the Product will be as quoted on our site from time to time, except in cases of obvious error. All prices include VAT, unless stated otherwise, at the prevailing rate. If you live outside the UK, please note that the price you see on our website may differ from what we charge you, due to, for example, differences in your country’s VAT rate.

2.2 All prices which we have quoted you are valid for up to 28 days from the date on which the quote was given, unless otherwise indicated by us.

2.3 At the point of order, deposits of 20%, 50% or 100% of the total order value are accepted. If you opt to pay a 20% deposit at the point of order, we will contact you 21 days later and require you to pay a further 30% of the total order value. The remaining 50% balance is required one (1) week before delivery. If you opt for a 50% deposit at the point of order, we will contact you one (1) week before delivery to collect the remaining balance. Products cannot be delivered until full payment is received.

2.4 We accept the forms of payments that are stated on our website during the online purchase process.

2.5 The contract for sale arises once we have (1) accepted the order, evidenced by a return email confirmation and; (2) received a valid payment or deposit in accordance with clause 3 (credit card charge, debit card payment details or bank transfer).

2.6 We are entitled to refuse the placement of any order.

3. DELIVERY

3.1 We charge a standard delivery fee of £150 for customers within mainland UK. If you are based in Ireland, we charge £200.

3.2 Our nominated delivery partner will notify you when your Products are available and will contact you to arrange a date for delivery to the address specified by you. You will be provided with an estimated delivery time slot approximately 24 hours before delivery, once the delivery route has been planned.

3.3 You are required to take delivery on the date you have agreed with our delivery partner. If you cancel the delivery later than 8am 2 days prior to your delivery date, we reserve the right to charge you for the cost of delivery in addition to the delivery cost you have already paid. If you are not available to accept the delivery when our delivery partner arrives at your address within the agreed time slot, we reserve the right to charge you an additional redelivery fee and the cost of storing the Products until they can be delivered. This payment will be due before redelivery.

3.4 For deliveries of items to any non-mainland UK address, our delivery charges vary. You will be provided with a quote before placing your order, or any time at your request. You reserve the right to arrange your own delivery, but you will be responsible for all transportation costs and Maker&Son will take no responsibility for any damage that is incurred during the shipping process.

3.5 Time of delivery is not guaranteed in these terms and conditions. We will not be liable for any direct or indirect loss of profits or other financial loss or damage incurred by you through any delay.

3.6 Our nominated delivery partner will endeavour to deliver the purchased goods to you within 14 days of them arriving in their warehouse. Your failure to accept delivery of these items within 14 working days will result in us having the right to charge you a storage fee of thirty pounds per week. This payment is incurred every seven days. Should you not wish to pay this we reserve the right to cancel your order and refund you accordingly, unless the Product is of custom (bespoke) design. In the case of custom items, no refund will be granted.

3.7 For all deliveries our nominated delivery partner will exercise every caution and extend every courtesy during delivery. Please note that neither we nor they can be held liable for any accidental damage to your property or person, however caused. Our delivery partner will only enter your premises under these conditions in this clause 3.7

3.8 Our nominated delivery partner will reasonably endeavour to deliver items to a room of your choice. The room must be accessible to two delivery people either on the ground floor or via suitable stairs or an elevator and without the need for mechanical lifting equipment. Any potential issues with delivery due to access must be raised at the point of order. It is your responsibility to make sure that the furniture you order from us will be able to easily be carried through into your room of choice. You may be liable for any costs incurred in remaking the frame to allow delivery. You will also have to pay the cost of re-delivery. Delivery is always subject to the health and safety of the delivery personnel including manual handling guidelines and regulations as laid down by the Health and Safety Executive (www.hse.gov.uk).

3.9 Please note that all delivery charges include no allowance for the removal of windows, doors or other fixtures.

3.10 At the time of delivery the Products will usually be unpacked and assembled, unless otherwise specified by you. A signature will be required to acknowledge delivery. The signature of the person accepting delivery at the delivery address will be proof that you or the person to whom the order is addressed has received delivery.

3.11 You are responsible for checking the condition of the Products delivered and must highlight any issues upon receipt with our delivery partner. The delivery partner will direct all queries at this stage to us and we will agree appropriate means of rectifying the issues that are presented at this time.

3.12 Your Products will be constructed to the highest possible standards. Should you have any concerns prior to or following delivery please contact us on +44 800 024 6100.

4. RISK AND TITLE

4.1 The Products will be at your risk from the time of delivery.

4.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges (if any).

5. WARRANTIES AND GUARANTEES

5.1 The provisions of this clause 5 apply in addition to your statutory consumer rights in relation to faulty or mis-described goods. These rights are not affected by the guarantee. Advice about your legal rights is available from your local Citizens' Advice Bureau of Trading Standards Office.

5.2 We provide the following limited warranties to the original purchaser of new Maker&Son Furniture, subject to the limitations and exclusions stated below:

      (a) Your Furniture Frame: We provide a thirty (30) year limited warranty on the frame of your furniture. While your frame is under warranty, we will repair or replace any part of it that is defective in material or workmanship. The decision to repair a piece, or replace will be made at the discretion of Maker&Son.

       (b) Coil Spring Inserts: Coil spring inserts are warranted against defects in materials and workmanship for a period of two (2) years.

       (c) Feather and Down Cushions: Feather and Down Cushions are warranted against defects in materials and workmanship for a period of three (3) years.

       (d) Fabric Coverings: Fabric coverings, other than Customer's Own Material, are warranted for one (1) year against manufacturing defects, seam slippage, pilling (unless pilling is a natural characteristic), shrinkage, and nap loss.

5.3 For the first five (5) years after your purchase, Maker&Son will be responsible for the delivery cost of defective furniture residing the United Kingdom to and from our manufacturer. Starting Year Six (6) and continuing for the duration of the warranty, you will be responsible for the delivery cost of the furniture to and from the manufacturer. For those outside the United Kingdom, you will be fully responsible for the transportation to and from the factory, including any damage that could be caused.

5.4 This warranty does not cover fabric fading caused by stains from spills including but not limited to acids, solvents, dyes, ink, paint, other corrosive chemicals, bodily fluids, exposure to sunlight, bright light or extreme heat. Use of any aftermarket soil or leather protector not approved by Maker&Son in writing will void this warranty. Colorfastness and durability of Fabric Covering are also excluded from the warranty.

5.5 These guarantees do not cover fair wear and tear, neglect, abuse or misuse of your goods, loss or damage (including rusting and corrosion) due to unreasonable exposure to water, heat or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, damage by animals generally or theft, or accidental damage or loss caused by a third party

5.6 Limitations and Exclusions - For those outside the contiguous United Kingdom, you will be fully responsible for the transportation to and from the factory, including any damage that could be caused. This warranty only covers new furniture. New furniture is furniture purchased new from Maker&Son by the original purchaser. It excludes all furniture sold by an unauthorised Retailer, floor samples or furniture sold as “AS IS”.

5.7 Proof of Purchase and Warranty Start date: To make a warranty claim you must have the original purchase receipt or a copy thereof. This warranty commences on the date of delivery.

5.8 To initiate a warranty claim, a return, or report a product damaged in transit, please contact us at enquiries@makerandson.com

6. REFUNDS AND RETURNS

6.1 Subject to the rest of this clause 6, you have the right to cancel this contract and return Products from our Standard range at any time before delivery of the goods, or within 14 days from the day you receive your goods. We will refund you for the purchase price of Product(s), subject to the limitations below. If our delivery partner delivered the product and you are a resident in the UK mainland, we will also refund the delivery charge.

6.2 Orders of furniture custom made to your specification (bespoke orders) cannot be cancelled, either before or after delivery. A bespoke order may not be returned and cannot be refunded, unless it is defective or has been accidentally damaged by us in the delivery process. Maker&Son will work diligently to rectify any order issues, but returning the Product or full refunds will not be possible. If you place a bespoke order it is generally put into Production within 24 hours of Maker&Son receiving the signed order form; changes to the order may not be possible or may incur an additional cost. It is your responsibility to confirm the accuracy of any bespoke orders.

6.3 If you wish to return the goods in accordance with clause 6.1, we will apply a charge for the collection of the goods which will be equal to, if not more than the original delivery charge paid by you. Maker&Son will collect the goods from the UK mainland address to which we originally delivered the Products. Alternatively, you can arrange to have the goods delivered to our main premises, but you will be responsible for all transportation costs and Maker&Son takes no responsibility for any damage that is incurred during the shipping process.

6.4 Items returned as a result of a manufacturing damage or fault will have no collection charge.

6.5 Products must be returned to us in like new condition in order to qualify for a full refund of the purchase price. We reserve the right to make reasonable deductions from the amount refunded to you if there are signs of wear and/or damage to the Products. All returned Products will be inspected in our premises and, if deemed to be damaged, we will charge you a fee to reflect the amount by which the value of the Products has been diminished. To minimise the risk of any such claim we recommend that you return the goods in the original or appropriate packaging.

6.6 Standard Products with Customer Supplied Coverings are refundable but the customer will bear the cost of the making up the cover, and the cost of the material itself.

6.7 If you wish to exercise your right to cancel, please contact us on +44 800 024 6100 or email us at enquires@makerandson.com. If you contact us by email you may use our model cancellation form (set out at the end of these Terms), but this is not obligatory.

6.8 This section 6 does not affect your statutory rights.

7. CUSTOMER OWN MATERIALS

7.1 This clause applies to any fabric that you provide to us or which you specify and is not on our website (‘Customer Own Material’). This applies to any Product that, at your request, we make with Customer Own Material as a ‘Customer Own Material Product’.

7.2 We may refuse to use any Customer Own Material which we deem to be unsuitable for purpose.

7.3 We may cut, work on and otherwise treat and deal with your Customer Own Materials as we consider appropriate in the course of making the Product and (unless you state in writing with your order that surplus should be returned to you) we may use or dispose of excess fabric or items as we think fit.

7.4 Customer Own Materials will become owned by us when we receive them; ownership in any of them which we return to you (whether unused or incorporated in the Product) will revert to you upon delivery to you.

7.5 You agree to ensure that your Customer Own Material is in all respects safe and suitable for application in the Product.

8. FABRICS

8.1 Fabric batches may vary. The majority of our fabrics are created from natural materials, and thus, unlike man made Products, there can be slight variations between batches. The most common variation is that of colour – although the actual variation is often almost negligible or very slight. Some fabrics will be more affected than others.

8.2 Whilst we guarantee to make all your order from the same batch, we cannot guarantee that subsequent orders will match your original order.

8.3 Because of the nature of the materials used, any finishes that are applied to the exterior of our Products may alter the final colour and feel of the fabric.

8.4 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 are likely to discolour and fade more. Different fabrics, dark or light are liable to fade or discolour at different rates.

8.5 After delivery, we cannot accept any responsibility for fading or discolouration, due to exposure or contact with any chemicals sprayed 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 (these Products will normally warn against spraying close to upholstery without first covering it).

9. WEBSITE ACCURACY

9.1 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 a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

9.2 Every effort is made to ensure the complete accuracy of our website; however some prices/details may change from time to time and it is possible that errors may occur. If we discover an error in the price of the Product(s) you have ordered we will inform you as soon as possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order. If we are not able to reach you using the contact details you provided during the order process, then we may treat the order as cancelled and notify you of this by email. If an order for Products is cancelled in accordance with this clause 9.3 and you have already paid for the Products, we will give you a full refund as soon as reasonably possible (and in any event within 30 days of cancellation).

9.3 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as mis-pricing.

9.4 To the maximum extent permissible by law, we exclude all warranties, expressed or implied as to the accuracy of the information contained in any of the materials on the Website.

10. PRIVACY

10.1 We process information about you in accordance with our Privacy Policy. By submitting your personal information to us, you consent to such processing and you warrant that all data provided by you is accurate and that, if it changes, you will promptly inform us.

10.2 The Website uses cookies. For more information on which cookies we use and how we use them please see our Cookies Policy.

11. APPLICABLE LAW

These Terms and Conditions of Trading are governed by and are to be construed in accordance with the laws of England and Wales.

12. STATUTORY RIGHTS

The above do not affect your statutory rights.

13. COMPLAINTS AND FURTHER INFORMATION

Any further information or clarifications you may seek, or any complaints you wish to make in regards to these terms and conditions or our online properties can be sent to: enquiries@makerandson.com