Terms and Conditions of Sale – Winterleaf Designs Upholstery

1. Our Company

www.winterleaf.co.uk is a site operated by Winterleaf Designs Upholstery. When you purchase our products, your contract will be with that company. Our registered office is Unit 6, Orchard Business Park, Manners Industrial Estate, Ilkeston Derbyshire, DE7 8EF.

Winterleaf Designs Upholstery pieces are handcrafted in our factory at our stated address.

2. These Terms

These Terms and Conditions apply to all contracts between Winterleaf Designs Upholstery and the Customer in relation to all sales of our products, services and third-party warranties procured or manufactured by us.

By placing an order with us you indicate that you accept and agree to these sales terms. Any order you place with us is not accepted until you receive an Order Confirmation; in person, by email, or by post. The contract between Winterleaf Designs Upholstery will only be formed when we send you this Order Confirmation. This Sales Order is a binding contract between Winterleaf Designs Upholstery and the Customer.

These terms apply to orders placed within the UK, with delivery to mainland UK only. If you purchase products from us and deliver to a region outside of the mainland UK, you agree these Terms and Conditions do not apply.

We reserve the right to change these Terms and Conditions from time-to-time. With this in mind, it is important that you check these Terms and Conditions every time you wish to place an order with us.

Note: Guarantees apply to contracts made with Winterleaf Designs Upholstery only. We are not liable for any product purchased with any company’s predecessor.

Nothing in these Terms and Conditions affect your consumer rights.

3. Definitions

‘Us’, ‘our’, ‘we’ – Winterleaf Designs Upholstery.
‘You’ – The Customer
‘Order Confirmation’ – The sales order, a binding contract between Winterleaf Designs Upholstery and the customer. The Order Confirmation will be sent by email, in person, or by post to you upon successful payment and acceptance of the order.
‘Order Amendment’ – Any change to range, size or component.
‘Manufacture’ – Sofa products that have been handcrafted and made by our Upholstery team.
‘Products’ – Any sofas, armchairs, footstools, cushions, fabric-by- metre, rugs or other products that we sell, including third party.
‘Upholstery’ – Means a soft, padded textile covering that is fixed to furniture such as armchairs and sofas.
‘Sofa’ – Means a Product which has a long upholstered seat with a back and arm/s for two or more people.
‘Component’ – a part or item used to create your chosen upholstered furniture.
‘Successful delivery’ – A delivery that has been received by you, the customer in the address set out in the order confirmation unless otherwise agreed with our delivery team.
‘On-specification,’ ‘specification’ – Products with pre-defined measurements, leg and cushion filling options that are listed on our Website in the sizes and fabrics as listed, and which are not Outlet Products, Customer’s Own Material or Customers Own Selection Products
‘Made-to-order’ – Products within our range, manufactured to pre-defined specifications as stated on our Website or in our Showrooms. The product is manufactured based on your order selection, within a set lead-time given at the point of order
‘Readymade’ – Products within our range that have been manufactured as stock, and readily available for delivery as set out on our Website at the time of purchase. Readymade items refers to stock that is brand new.
‘Outlet’ – Any Products sold at a reduced price to our normal retail price as a direct consequence of (but not limited to) customer cancellations, returned stock in a saleable condition, discontinued products or fabrics and ex-display
‘Ex-Display’ – Products that have previously been displayed in one of our showrooms
‘COS’ / ‘Customer own Selection’ – is your selection of fabric from a designer house or mill that is outside our standard range available in our showrooms and online.
‘COM’ ‘Customer’s Own Material’ – is your own fabric choice provided and purchased by you directly from a fabric house, designer or mill – separate to our standard offer.
‘Bespoke’ – All Winterleaf Designs Upholstery upholstered furniture items are considered bespoke as each component is ordered especially to your choice and hand upholstered.
‘Lifetime’ – Pertaining to our lifetime guarantee on frames, for as long as you, the original purchaser, own and possess the product
‘Sample” – Display product and its components or fabric swatch
‘Swatch’ – A small fabric sample available to order free of charge on our website or available in our showrooms
‘Consumer rights’ – Your rights as explained in the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
‘UK Mainland’ – This is the main island of Britain; it excludes Northern Ireland and any islands that are geographically separate from the main island of Britain.
‘Website’ – www.winterleaf.co.uk and our associated web pages
‘White Glove’ – Where delivery takes place to room of choice, feet fitted, assembled if applicable and packaging taken away

4. Purchasing Summary

Order amendments need to be made within 7 days of the order being placed – see Amendments
Showroom orders cannot be cancelled or returned – see Amendments
Bespoke, Customer Own Selection cannot be amended, cancelled or returned – see Amendments
Orders applicable to a return will be subject to a collection fee of £130 for up to 2 pieces, additional charges apply for 3+ pieces
Lead-times are an estimate at the time of order and can be impacted by raw materials outside of our reasonable control. Some locations may add an additional 2 weeks to the lead time – see Deliveries
In order to receive your items as quickly as possible, it is preferable to accept the first delivery date given, otherwise a further 14 days may be added to your lead-time dependant on location – see Deliveries
During the month of December, our pre-Christmas promise can only be guaranteed should you accept the first delivery date offered. Failure to accept this delivery date may compromise your order being delivered before Christmas.
If your delivery fails due to the furniture not fitting into your room of choice, we will leave the furniture with you or where necessary and possible you may be charged £400 to split the frame and an additional delivery charge to redeliver. See Deliveries

5. Additional Charges Price

Standard Delivery – Chair: £79
Standard Delivery – Up to 2 Items: £149
Standard Delivery – 3 or more Items: £199
Standard Delivery – 5 or more Items: £249
Selected Postcodes – Up to 3 Items*: £249
Selected Postcodes – Over 4 Items*: £349
Delivery to non-mainland UK including Channel Islands, Isle of Wight and Scottish Highlands: Please contact us for information

6. Promotions

All discount codes are applied to the value of the order, excluding delivery costs (unless otherwise stated) and are subject to our general Terms and Conditions. The discount code must be entered into the Voucher Code field on the basket page and applied for the discount to be deducted from the order. Code expiry dates will be communicated when issued (for example, printed on the source material – advert / insert – or on email). Unless stated, discounts cannot be combined and only one offer can be applied to any order. Items already discounted on site such as our Outlet, displaying a ‘Was’ and ‘Now’ price are also excluded from discount codes. We reserve the right to amend these T&Cs at any time and to withdraw this offer at any time.

7. Payments

Unless otherwise stated in the contract terms: payment will be required in full at the point of sale, before your order can be accepted, either via Credit/Debit. Only when we have confirmation that your payment has been received, can we accept your order and send the Order Confirmation. Lead-times will commence from this point only.

For showroom Outlet, Clearance and Ex-Display, items are sold as seen, without warranty and must be paid in full.

We accept payments by Credit/Debit with Visa, MasterCard, Maestro and American Express (Amex). Transactions are securely processed by Stripe and or Paypal. You authorise us to take payment from any card or other payment service for which you provide details at the point of sale, whether or not the order has been accepted by us and a contract formed. If your payment cannot be collected or is not authorised by your card or payment services provider for any reason we will tell you.

8. Your Order

You must be 18 years old or over to order from us.

A contract between Winterleaf Designs Upholstery and you will be formed between once you receive your Order Confirmation and Invoice from us, via email which acts as acceptance of your order. You, the Customer are responsible for checking your Order Confirmation to ensure information is correct. We reserve the right to decline and cancel your order.

At no point are Winterleaf Designs Upholstery liable for any form of compensation. We have a duty to provide you with the goods that you have purchased which are fit for purpose. Whilst we are obliged to fix any item that we are liable for, we are not obligated to provide any form of compensation.

9. Amendments

Due to the Bespoke Made-to-Order nature of our product offering, Winterleaf Designs Upholstery do not allow any Cancellations or refunds whether purchased from a Showroom, by Phone or Online. Once you have placed your order, you have 7 days to amend and we are not able to refund the difference of any order changes.

Should you wish to amend your order before delivery, you must do this within 7 days of placing your order. You should contact the showroom where you placed your order, or our telesales team on 07766 741210. Amendments do not apply after the 7 days.

Where you have purchased services or third-party warranties, it has been agreed in accordance with our full terms and conditions to cancel, we will refund the total. This is in accordance with your consumer rights.

In the event where we authorise a refund, refunds will only be refunded to the payment card or method used for the original transaction, this is to comply with Money Laundering Regulations.

10. Deliveries

Our standard delivery charge is £149 for a single furniture item, £199 for 3+ items or £249 for 5 items or more covering orders to mainland UK only. Exclusions apply, see Regions Covered.

A £39 delivery charge applies to standard size footstools, rugs, and loose covers if sold on its own. If one of these items are purchased with another Product, the £149 charge will apply and will be delivered once your total order is ready. At times, the items mentioned may be couriered which means delivery to your chosen address only without the white glove service. This charge applies to mainland UK only orders.

Where we allow single scatter cushion orders, the delivery charge of £15 will apply. A surcharge will apply for scatter cushion quantities of 3 or more at an extra £5, and 6 or more will be charged at £39. If you are ordering cushions alongside another item, the £149 will apply and will be delivered once your total order is ready.

Lead-times provided on our website and by our team are estimates and cannot be guaranteed.

We deliver through a regular entrance and to the second floor (no more than two flights of stairs), we cannot deliver sofas through windows or balconies. Please discuss any access constraints with a team member.

We are unable to store any order once the items have been completed. If your item(s) have been produced in accordance with your lead-time and you will not able to accept the delivery date proposed, we will deliver to an off-site location where liability will be passed over to you, the Customer.

We are not able to deliver your order in instalments unless explicitly agreed upon at our discretion. This will not affect your consumer rights.

You should accept the first delivery date given, however should you be unable to accept will be provide an alternative date within a 14 day window. If you cannot accept either date, you will need to arrange an alternative delivery location that can accept one of the dates provided. Due to supplying a made to order product we are unable to store large volumes of product.

We deliver to the address and contact information stated on your order. If you need to change your delivery address, we will not be able to guarantee the same delivery date and time. We deliver to mainland UK only, with limitations on some areas of the UK, see Regions Covered. We reserve the right to amend our delivery service at any time. Responsibility with us ends when delivery to the chosen shipper is successful.

For orders delivering outside of mainland UK, you will be responsible for taxes payable to the UK government, in addition to delivery charges for export duties, taxes and customs fees upon import. You are entirely responsible for arranging all paperwork to export your order. We will make good our promise to deliver to a shipper of your choice within mainland UK. We are not responsible to repair any damages sustained during the delivery process. The lifetime guarantee is not applicable if your order is exported outside of the UK.

Winterleaf Designs Upholstery recommend that you check each item on delivery, even if you re-package the items in the presence of the Delivery Team to ensure that you are satisfied with your Product(s).

Winterleaf Designs Upholstery’s delivery team operate Monday to Saturday, between 7am — 6pm. Deliveries are not made on Sundays and public holidays in the UK. You will need to make yourself available for delivery at the end of your lead-time to accept the delivery slot. We will use reasonable efforts to deliver the products, provide the services and procure the third-party warranties, by the delivery date or within the delivery timescales stated in your order. If your lead-time moves, we will contact you and advise your options.

For agreements made outside of these Delivery terms, further charges could apply depending on the delivery location and any special requirements and will be priced upon application.

Delivery times may be extended for COS Products. In all cases we will provide you with an approximate delivery estimate at the time you place your order and we shall provide you with a delivery date and window closer to the date of delivery.

At times, Winterleaf Designs Upholstery may need to move your delivery date. You shall be notified in advance of your delivery.

If you cancel delivery within 48 hours of the scheduled delivery time or fail to be present at your property or accept delivery on the dedicated delivery date or we are unable to deliver due to access issues, a non-refundable delivery fee will be charged before we reschedule an alternative delivery of £149.

It is the customer’s responsibility to ensure that the furniture they’ve ordered will fit into its new home. In the case that the furniture does not fit into its place, it will need to be either delivered to another on-location suitable room/garage upon the day of delivery, or sent to an alternative address of the customer’s choice, at cost to them including storage.

In the event that we are unable to complete a delivery because of access constraints where reasonable efforts have been made to successfully deliver; such as clear access (including but not limited to such things like radiators and lighting), we will endeavour to deliver to another on-location suitable room/garage. If this cannot be achieved and of which results in a cancellation, you will be charged a re-stocking fee of 10% of the order value.

We shall not have any liability to you for any delivery failures or delays that are caused by anything beyond our reasonable control. This includes but not limited to; any raw material shortages or delays including fabric, components, interiors.

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 harms way, removing any precious items and protecting floors as necessary.

Any damage to the Products or your property or its contents as a direct result of our delivery service must be reported to the delivery drivers or by email within 24 hours 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.

Our delivery teams may inform you that they are willing to deliver the Products but that, in their opinion, access to the delivery address is inadequate for them to make delivery without risking causing damage to the Products or your property or its contents. In this event, if you request that our delivery team proceeds with delivery then such delivery will be at your own risk and we accept no responsibility for any damage that may occur. You will also be asked to sign a damage waiver.

If you request that we leave the items wrapped, then we cannot be held responsible for any damages reported which were not marked on the delivery note at the time of delivery. Upon delivery, you should check and inspect that you have received all Products on your order. Any missing Products, damage or faults need to be reported to our Delivery Team in the first instance. You should inform us within 48 hours if you thereon notice anything is missing, not as ordered, damaged, or faulty by contacting your nearest showroom, calling our telesales team, or by email at contact@winterleaf.co.uk. We may require proof of damage from you by way of a photograph, to help us assess the damage and facilitate a repair, or in the case of inability to repair a replacement or refund upon the authorised return of the product to Winterleaf Designs Upholstery. If you fail to provide such proof, this will not affect your consumer rights. If you fail to inspect your goods upon delivery and later find damage, we cannot be held responsible for such damage.

In the event you notice a fault with the products on your order within the first 6 months of successful delivery, we will make good efforts to repair your faulty goods. In failure to repair, at our discretion will offer a replacement, as per your rights explained in the Consumer Rights Act 2015 and the Sale of Goods Act 1979. In the first 30 days after purchase, you have the right to reject the goods, should the item not meet the criteria of satisfactory quality, unfit for purpose or not as described. To handle your case quickly, you must contact the showroom that the order was purchased from. If you purchased online or via our telephone sales team, please call 03300 945 855 option 1. You will need to provide proof of purchase. These terms will not be applicable if your order is exported outside of the UK. A visit will be booked and repair free of charge if Winterleaf Designs Upholstery are liable. If you fail to attend your appointment and do not notify us, a call-out fee will apply of £149.

The Products will be at your risk from the time of successful delivery whether by our own dedicated delivery team or by using a third-party courier service to the United Kingdom address which we specify in our Order Confirmation to you, or the alternative address you have provided before delivery, or even in the event of your own collection/delivery to us from the time your courier has the Product(s) in their possession. 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).

11. Returns

Winterleaf Designs Upholstery do not offer returns due to the Bespoke, Made-to-Order nature of our Product offering, except pertaining to faulty goods, see Deliveries describing Faulty Goods. Each item is hand-crafted according to your (where applicable) range, size of item, interior choice, foot option and fabric choice. We purchase raw materials in accordance to your personal selection and do not offer pre-made stocked goods, unless otherwise stated in accordance to any Ready Made items. This will be specified on our website at the time of purchase.

We do allow amendments to your order within 7 days of the order being placed.

12. Showroom – Ex-Display / Outlet / Clearance

You are not entitled to return Ex-Display/Outlet/Clearance items purchased from our Showrooms for a refund or exchange. Ex- Display items are sold as seen. The lifetime guarantee is not applicable and we do not offer any third party warranties. Winterleaf Designs Upholstery do not offer a delivery service for goods purchased from a Showroom and needs to be arranged by you, the Customer in line with our Showroom opening hours.

13. Online – Ex-Display / Outlet / Readymade

If you have purchased an item from our Outlet or Readymade collections online or by phone, you must ensure that the item is wrapped in the same packaging that the item was delivered in. If you have discarded this packaging for any reason, new packaging must be ordered within two days of arrival so that your item can be returned within the 14 day returns period.

Goods returned to us must be in a saleable, unused condition. If products are returned to us with damage that has been caused by you, we reserve the right to deduct from your refund value to make good. The products are at your risk until they have been collected by Winterleaf Designs Upholstery. This does not affect your statutory rights.

Once returned goods are back in our possession and inspected, we will process the refund within 14 days, excluding the 10% restocking fee.

Exchanges are at Winterleaf Designs Upholstery’s discretion.

14. Spare Parts

Chargeable spare parts can be ordered. These however are not stocked and delivery will be subject to the spare parts arriving. We offer spare part and installation fees upon request.

15. Events Outside Our Control

Whilst we endeavour to meet the original approximate delivery date advised at the time of purchase, on occasions the manufacture or delivery of your products may be delayed due to circumstances beyond our control, including but not limited to an Event Outside Our Control (A Force Majeure Event). We are not liable for any delay or failure to deliver or supply any products, services or third-party warranties if this delay or failure is due to events beyond our reasonable control. We will make every effort to notify you of any delays or failure to supply any products, services or third-party warranties by email or over the phone, we will usually advise new delivery times or give you an opportunity to amend your fabric or offer a loan sofa for delays of 4 weeks of more. This does not affect your consumer rights. We cannot accept any compensation claims for factory delays, fabrics being out of stock, outside of our reasonable control.

16. Website

We endeavour to display as accurately as possible the colours of our Products that appear on our Website. However we cannot guarantee that your monitor will accurately reflect the colour of the Product delivered. Please ensure you receive a fabric sample of your chosen fabric prior to confirming your order. Product renders showing a configured product in your selected fabric are for visualisation purposes only.

17. Social Media

We love seeing our sofas in your home and invite customers to share their photos on social media.

We actively collaborate with influencers and the press and may reach out directly to request permission to share your photos or videos on our online channels. Occasionally, we may also do so via social media.

By responding to our request, you give Winterleaf Designs Upholstery a non-exclusive, royalty-free and worldwide license to use and share your photo for marketing and/or advertising purposes, including the right to reproduce, distribute, alter and edit your photos. They may in some cases also be published in one of our other channels – on our website, Instagram, Facebook, Newsletters or in a store environment. You represent and warrant that you own or control the rights to the material you have submitted and that you have permission from any person(s) appearing in the photos. The photo will remain your property at all times and given permission can be withdrawn.

18. Consumer Rights

Where you are a consumer and you have purchased either online, over the phone or by mail order, you have the right to cancel the contract for any products or services without giving any reason, under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2015. If you have purchased instore the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2015 do not apply to your transaction. However, regardless of how you make your purchase, your purchase is protected by the Consumer Rights Act 2015. This right is in addition to your statutory rights for defective products as summarised in section 10 and in accordance with the Sale of Goods Act 1979.

19. No Liability for Losses and Unforeseeable Losses

We shall not be liable to you (including under the contract or in negligence) for any loss of profits or other business losses, or for any losses which were not foreseeable by us when the contract was made, or for any losses caused by your breach of the contract, or for any losses which were not caused by any breach of the contract or any negligent or unlawful act or omission by us.

We are not responsible or liable for anything other than injury or death caused by the sofa itself. And that we are not responsible for third party damages, such as delivery damage.

20. Transfer Of Rights And Obligations

We shall be entitled to assign the benefit of the contract and any debts under the contract. You may not transfer the benefit of the contract or any rights under or in relation to it to anyone else without our prior written consent.

21. Sub-Contracting

We may sub-contract our obligations under our contract.

22. Applicable Law

The contract shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.

23. Future Changes To These Terms

We reserve the right to change these terms and conditions of sale from time to time and may update our website accordingly. Any such change will only apply to orders made by you after the date of the change. By ordering from our website you agree to be bound by the latest version of our terms and conditions of sale at the time of your order. You are responsible to visit our website to determine the current terms applicable.

24. Important Notes

See Guarantees for confirmation of which contracts are covered. You must be eighteen (18) years of age or older to purchase from us. We only offer contracts in the English language. You should keep a copy of this document for future reference.

Delivery – Standard Size Footstools (excludes loafers), Rugs, Loose Covers if sold alone**: £39
Scatters (up to 3)***: £15
Scatters (up to 6)***: £20
Scatters (over 5)***: £39
Re-Delivery Charge – Failing to be present on an agreed date: £149
Collection – Up to 2 Items (Paid in advance): £149
Collection – Up to 3 Items (Paid in advance): £199
Collection – Up to 5 Items (Paid in advance): Price on Application

25. Regions covered

Our standard delivery charges £149 for a single furniture item, or £199 for 3 items or more cover orders to mainland UK only. Exclusions apply, outlined below.

We charge a higher delivery rate to the following postcodes of £249 for up to 3 items: IV, KW, HS, AB, PA, TR, SY, LL, PH, ZE (these postcodes are excluded from any free delivery promotions). £349 for orders to these postcodes of over 3 items. Price on application will also apply to collections. Lead-times may change according to these locations.

For Channel Islands, Isle of Wight, and Scottish Islands, these orders are priced on application. Please call our dedicated team on our Telesales line to quote you a delivery charge and to complete your order. Unfortunately these areas are excluded from any free delivery promotion. Lead-times may change according to these locations.

For all other and overseas requests, Winterleaf Designs Upholstery will deliver to your choice of address in mainland UK, in which You, the Customer, agree to take responsibility of its onward delivery to your chosen destination by your choice of 3rd party service provider. You, the Customer, also agree to take responsibility for any orders delivered and held in storage at your discretion. Winterleaf Designs Upholstery do not take responsibility for any damage or losses made by any 3rd party provider, beyond any delivery that we have made.

Please note that our delivery and returns policies differ according to whether you are resident in the UK Mainland, non-UK Mainland or outside the UK.

26. Products

All of our sofas are manufactured in the UK and are exclusive to us.

We offer Products in our ranges across Bespoke Made-to-Order, Ready-Made (stocked items), Outlet, (COS), Rugs.

All products are subject to availability. All materials for Made-to- Order are purchased according to your choice. Stock availability where applicable provided on our website is an estimate and cannot be guaranteed.

Our Products are intended solely for domestic use in the UK and we give no guarantees or undertakings in respect of the use of our products for commercial or contract purposes. By agreeing to these Terms and Conditions, you agree that we are in no way responsible for any non-domestic or commercial use of our products and that you have no rights to cancel this purchase if you are purchasing the product in a business capacity.

Due to the handmade and batch manufacture process, there may be differences between samples, swatches and manufacture – these are normal and should not be considered a design fault. With the effect that no two products are identical, and no product may exactly match any sample, including variations to products sampled on our website, in our showrooms or in other media.

We offer the handmade made-to-order product as stipulated on our website at any given time. We do not offer changes to any measurements or variations outside of our specifications except where agreed as a special request. All our products are handcrafted, therefore you should allow +/- 3cm tolerance on measurements provided in the product specifications.

It is your sole responsibility to choose the colour and quality of the fabrics for your order that is suitable for your intended use of those Products, and to take all appropriate measurements in your property to ensure that the dimensions of those Products are suitable for your intended use of them.

Any Clearance/Outlet or Ex-Display Products will be identified and be stated to be sold as such in our showrooms. Such Products may not necessarily be in perfect condition, so please check before you buy that they are of a satisfactory quality for their intended particular use. Clearance, Outlet, Ex-Display are sold as seen, excluded from 3rd party warranties and are non-refundable.

All descriptions of Products are correct at the time of publication. We continually strive to improve our product range and reserve the right to amend the specification of Products without prior notice in relation to future sales.

Occasionally we experience difficulties in supplying certain Products and fabrics and we may need to substitute them with alternatives of equal or better standard and value. We will contact you to let you know if we intend to do this and your order will be put on hold pending your acceptance of the change; an appropriate substitute may not always be possible. If you do not accept a substitute because it is materially different from the Product that you originally ordered, we will offer you store credit.

We offer a chargeable optional insurance policy which covers your furniture for accidental damage for 5 years from date of delivery. If you choose to purchase this alongside your Winterleaf Designs Upholstery product, it will be stated on your order confirmation. The insurance policy is subject to its own terms and conditions and we recommend you read these. The Terms and conditions can be found on our website. We are unable to offer the optional insurance policy on COM orders.

27. Customer Own Selection (COS), Bespoke – Direct to Consumer or Trade

Applies to the fabric you’ve chosen with one of our selected fabric houses, which is in addition to our normal house collection. The provided lead-time will commence once we have received the fabric alongside any legal certifications pertaining to the fabric use. We do not offer returns and your consumer rights are not affected. We cannot accept fabrics purchased directly by you. Due to the legislation covering upholstered furniture, it may be necessary to withdraw the fabric after order. If this is the case we will contact you to review alternatives or offer a full refund if a suitable fabric cannot be found. Upholstery fabrics need to comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989 and 1993). If a fabric therefore requires testing to adhere to these regulations, you will be charged a surcharge of £99. This will be advised before you receive an Order Confirmation.

28. Fabrics & Feet

Fabric batches may vary and there can be slight variations between batches especially with natural fabrics. The most common variation is that of colour – although the actual variation is often almost negligible or very slight. Some fabrics are more susceptible to this than others.

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

We cannot accept any responsibility for fading or discolouration caused by exposure to direct or indirect sunlight. Sunlight affects different fabrics in different ways, but sunlight, whether direct or indirect, will nevertheless always affect fabric colour. Darker fabrics, because they have further to fall, are likely to discolour and fade more. Different fabrics, dark or light are liable to fade or discolour at different rates.

We recommend that all upholstery is cleaned in situ by a professional upholstery cleaning specialist every eighteen (18) to twenty-four (24) months depending on use. We accept no responsibility for any cleaning outside of pre-advised methods. Should you proceed with a professional upholstery cleaning company and require further information on your fabric type, composition and construction to avoid incorrect care please contact us. For more information, you should contact our customer care team on contact@winterleaf.co.uk.

Natural fabrics such as our Cotton and Luxury Velvet are made from natural materials and accordingly they may not be uniform in colour or texture. Due to the nature of the fabric, it is part of the fabrics characteristic to show bruising with handling and use. Other compositions such as Wool may also be susceptible to piling with general wear. It is your responsibility to understand the characteristics of the fabric you are selecting, however we are here to help. Please speak to an advisor should you need more information. Swatches are also available to order free of charge from our website or within our showrooms.

Wooden legs are a natural material so therefore the grain and colour may vary slightly from any depictions shown on the website and in-store.

29. Guarantees

We offer a lifetime guarantee on our frames – sofas, chairs and footstools except for products with exposed frames – under normal domestic household use, for the guarantee period. Ex-display and Outlet products are excluded from the lifetime guarantee.

You may only claim under this guarantee if all of the following apply:-

You were the original purchaser of the product from us on a Made- to-Order item
You are an individual who purchased directly with us for domestic household use only;
You can provide proof of the purchase contract between you and us; and
You were resident in the United Kingdom at the time of purchase, and are resident in the United Kingdom at the time of claim.

Where products are covered by our lifetime guarantee, Winterleaf Designs Upholstery will endeavour to repair. Due to the handcrafted nature of our product, a repair is the most efficient and also environmentally friendly way to remedy your item. If a repair is not possible, you will be offered a replacement. If a suitable replacement is not available you will be offered a refund. This is in accordance with your consumer rights 2015.

This guarantee does not cover the following or anything arising from or caused by the following:-

Damage, wear and tear or other external causes, including, without limitation, overloading the product, unreasonable exposure to extreme temperatures
Failure to take reasonable care of the product or misuse
Product tampering including but not limited to removing feet and not replacing them
The cracking of wood due to extreme changes in room humidity or direct heat source (such as air conditioning and radiators).

Guarantees apply to contracts made with Winterleaf Designs Upholstery only.

Soft and squidgy components, such as fabrics and interiors, are covered for a duration of 12 months, in accordance with your statutory rights.

30. Pricing

You agree to pay the price of the product specified on our website or by a member of our team, delivery charges and any other charges stated on your order per contract terms. Prices given include value-added tax (VAT) at the given rate of 20%.

We reserve the right to amend our prices at any given time which includes, but is not limited to, occasional errors with pricing stated on our website or by a member of our team. We endeavour to correct any errors as soon as possible. If the product’s price is higher than the price stated on our site, we will at our discretion, request you pay the full price for the product or allow you to amend your order to a fabric of the same price (where available) or reserve the right to cancel the order.

Delivery charges apply to the value of £149 unless stated otherwise. This charge may vary according to size of basket, item, and location however will be available in advance of you placing your order.

From time to time we may offer promotional discounted prices. Discounted prices will be subject to set dates outlined in each promotions terms & conditions. We are unable to offer these special prices previous or prior to these set promotions.

In the event that we have to charge a Collection Fee, charges will apply of £149 for up to 2 items, or £199 for over 3 items. Anything above 5 items is priced upon request. This covers mainland UK only. Other areas may be subject to additional charges priced upon requested. Postcodes in Regions Covered will be subject to the additional charges.

Clearance/Outlet and Ex-display Products cannot be discounted further and cannot be used with any promotional codes. Any promotional code offers are strictly to be used for new Product orders via our e-commerce website www.winterleaf.co.uk or when quoting the discount code by phone or within our showrooms. Any online purchases made with any additional discount promotion codes for Clearance and Ex-Display Products will be cancelled and refunded in full.

Discount and promotional codes cannot be stacked, however the greater discount will apply. Only one offer valid at any given time unless otherwise stated.

If you are an authorised Trade customer, our Trade discounts apply subject to their own terms and conditions. As a Trade customer, if you are purchasing during a promotion, the higher discount will apply. If the higher discount is the promotion at the time, this will supersede your Trade discount.

Promotions

1. Promotions

2. Payments

For showroom Outlet, Clearance and Ex-Display, items are sold as seen, without warranty and must be paid in full.

We accept payments by Credit/Debit with Visa, MasterCard, Maestro and American Express (Amex). Transactions are securely processed by Stripe or Paypal. You authorise us to take payment from any card or other payment service for which you provide details at the point of sale, whether or not the order has been accepted by us and a contract formed. If your payment cannot be collected or is not authorised by your card or payment services provider for any reason we will tell you.

3. Your Order

You must be 18 years old or over to order from us. A contract between Winterleaf Designs Upholstery and you will be formed between once you receive your Order Confirmation and Invoice from us, via email which acts as acceptance of your order. You, the Customer are responsible for checking your Order Confirmation to ensure information is correct. We reserve the right to decline and cancel your order.

4. Amendments

Should you wish to amend your order before delivery, you must do this within 7 days of placing your order. You should contact the showroom where you placed your order, or our team – contact@winterleaf.co.uk. Amendments do not apply after the 7 days.

In the event where we authorise a refund, refunds will only be refunded to the payment card or method used for the original transaction, this is to comply with Money Laundering Regulations.

5. Deliveries

Our standard delivery charge is £149 for a single furniture item, £199 for 3+ items or £249 for 5 items or more covering orders to mainland UK only. Exclusions apply, see Regions Covered.

Lead-times provided on our website and by our team are estimates and cannot be guaranteed.

We are not able to deliver your order in instalments unless explicitly agreed upon at our discretion. This will not affect your consumer rights.

We use our own dedicated team and fleet to deliver your chosen goods with a white glove service. Products are delivered to room of choice, packaging unwrapped, feet fitted, assembled (if required), and packaging taken away. Winterleaf Designs Upholstery recommend that you check each item on delivery, even if you re-package the items in the presence of the Delivery Team to ensure that you are satisfied with your Product(s).

For agreements made outside of these Delivery terms, further charges could apply depending on the delivery location and any special requirements and will be priced upon application.

At times, Winterleaf Designs Upholstery may need to move your delivery date. You shall we notified in advance of your delivery.

If you request that we leave the items wrapped, then we cannot be held responsible for any damages reported which were not marked on the delivery note at the time of delivery. Upon delivery, you should check and inspect that you have received all Products on your order. Any missing Products, damage or faults need to be reported to our Delivery Team in the first instance. You should inform us within 48 hours if you thereon notice anything is missing, not as ordered, damaged, or faulty by contacting your nearest showroom, calling our team, or by email at contact@winterleaf.co.uk. We may require proof of damage from you by way of a photograph, to help us assess the damage and facilitate a repair, or in the case of inability to repair a replacement or refund upon the authorised return of the product to Winterleaf Designs Upholstery. If you fail to provide such proof, this will not affect your consumer rights. If you fail to inspect your goods upon delivery and later find damage, we cannot be held responsible for such damage.

In the event you notice a fault with the products on your order within the first 6 months of successful delivery, we will make good efforts to repair your faulty goods. In failure to repair, at our discretion will offer a replacement, as per your rights explained in the Consumer Rights Act 2015 and the Sale of Goods Act 1979. In the first 30 days after purchase, you have the right to reject the goods, should the item not meet the criteria of satisfactory quality, unfit for purpose or not as described. To handle your case quickly, you must contact the showroom that the order was purchased from. If you purchased online email us contact@winterleaf.co.uk. You will need to provide proof of purchase. These terms will not be applicable if your order is exported outside of the UK. A visit will be booked and repair free of charge if Winterleaf Designs Upholstery are liable. If you fail to attend your appointment and do not notify us, a call-out fee will apply of £149.

6. Returns

We do allow amendments to your order within 7 days of the order being placed.

7. Showroom – Ex-Display / Outlet / Clearance

You are not entitled to return Ex-Display/Outlet/Clearance items purchased from our Showrooms for a refund or exchange. Ex- Display items and in-store Clearance/Outlet are sold as seen. The lifetime guarantee is not applicable and we do not offer any third party warranties. Winterleaf Designs Upholstery do not offer a delivery service for goods purchased from a Showroom and needs to be arranged by you, the Customer in-line with our Showroom opening hours.

8. Online – Ex-Display / Outlet / Readymade

Once returned goods are back in our possession and inspected, we will process the refund within 14 days, excluding the 10% restocking fee.

Exchanges are at Winterleaf Designs Upholstery’s discretion.

9. Spare Parts

Chargeable spare parts can be ordered. These however are not stocked and delivery will be subject to the spare parts arriving. We offer spare part and installation fees upon request.

10. Events Outside Our Control

Whilst we endeavour to meet the original approximate delivery date advised at the time of purchase, on occasions the manufacture or delivery of your products may be delayed due to circumstances beyond our control, including but not limited to an Event Outside Our Control (A Force Majeure Event). We are not liable for any delay or failure to deliver or supply any products, services or third-party warranties if this delay or failure is due to events beyond our reasonable control. We will make every effort to notify you of any delays or failure to supply any products, services or third-party warranties by email or over the phone, we will usually advise new delivery times or give you an opportunity to amend your fabric or offer a loan sofa for delays of 4 weeks of more. This does not affect your consumer rights.We cannot accept any compensation claims for factory delays, fabrics being out of stock, outside of our reasonable control.

11. Website

12. Social Media

We love seeing our sofas in your home and invite customers to share their photos on social media.

13. Consumer Rights

Where you are a consumer and you have purchased either online, over the phone or by mail order, you have the right to cancel the contract for any products or services without giving any reason, under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2015. If you have purchased instore the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2015 do not apply to your transaction. However, regardless of how you make your purchase, your purchase is protected by the Consumer Rights Act 2015. This right is in addition to your statutory rights for defective products as summarised in section 5 and in accordance with the Sale of Goods Act 1979.

14. No Liability for Losses and Unforeseeable Losses

We are not responsible or liable for anything other than injury or death caused by the sofa itself. And that we are not responsible for third- party damages, such as delivery damage.

15. Transfer Of Rights And Obligations

16. Sub-Contracting

We may sub-contract our obligations under our contract.

17. Applicable Law

The contract shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.

18. Future Changes To These Terms

19. Important Notes

Terms and Conditions of Sale – Winterleaf Designs Upholstery

Promotions

Legal Stuff

Products

Services

Watch the season change with Winterleaf!