Delcor Upholstery Ltd is registered in England, company no. 15865894, and our registered office is at Delcor House, Double Row, Seaton Delaval, Northumberland, NE25 0PR. Delcor Upholstery Ltd is authorised and regulated by the Financial Conduct Authority for consumer credit. For correspondence please contact us at [email protected] or call us on 0191 237 1303.

Terms and Conditions of Delcor Online trading under Delcor Upholstery Limited, Delcor House, Double Row, Seaton Delaval, Northumberland, NE25 0PR In these conditions: “The Company”; means Delcor Online.

“The Customer” means the person, form or company whose order is accepted by the Company.

“The Goods” means the goods which the Company is to supply in accordance with these conditions of sale.

Introduction
Before you place an order you should read these Terms and Conditions in full. If you do not agree to any of these Terms and Conditions, we will not accept your order.

Conditions of Sale
2. These conditions of sale apply to all sales made by “The Company”.

Any other conditions of sale or conditions of purchase or conditions of contract shall not apply unless specifically agreed to by all the Directors of the Company.

2.1 Changes to these terms. We may change these terms at any time by updating them, so please ensure that you check them regularly. By using the Site after any changes have been made to these terms, you will be deemed to have accepted the amended terms.

Orders placed by the Customer as a result of verbal or written offers or quotations or proforma invoices will not be considered binding unless the order is accepted by the Company, even if payment has been made and passed to The Company. This includes any orders placed via the web sites eCommerce system where acknowledged automatically.

3.1 The Company makes every effort to ensure that the product information including pricing is correct but, sometimes errors occur for many reasons and include human error. If we identify that a product or service you have ordered is incorrect in any way we reserve the right to cancel the order. We will refund any payment you have already made. We will correct the error where possible and you will be provided with the option to make the purchase again at the correct price or specification. If the change deems the product unavailable we will where practicable offer a substitution. We are under no obligation to supply you with a product or service that has been mispriced or contains a specification error. You will be contacted using the details you have provided to inform you of the cancellation.

Images

 We have taken great care to present the products on our website as accurately as possible. However, the images you see will depend on your monitor’s display and colour capabilities and is only as accurate as the web design process allows. We are therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise.

Acceptance of your order

Whilst dispatch or collection or delivery lead times may be indicated to the Customer in good faith at the time of enquiry, goods offered are subject to actual availability at the time of order processing and the Company accepts no responsibility for any delay in supply whatever the reasons. Payment is due to the Company immediately upon presentation of the invoice to the Customer. If full payment of any invoice has not been received by the Company within 30 days of the date of invoice then from the 30th day following the date of invoice interest will accrue to the Company upon the unpaid balance of the invoice at the rate of 2% per calendar month and the interest calculation in the following calendar month will be made upon the total balance outstanding at the beginning of the month. If the Company proceeds to recover the payment through the Courts or otherwise the Customer will be responsible for the debt, the interest, administrative, legal and/or other costs incurred in the recovery of the debt.
Internet orders will be confirmed by email. Should you not receive confirmation within 2 business days, please contact our sales team at [email protected]

Retention of Title
7.1. Notwithstanding delivery of the Goods, property in the Goods shall not pass from the Company to the Customer until the Customer has paid:
7.1.1. All sums due to the Company under this contract and
7.1.2. All other sums owed by the Customer to the Company under any other contract or otherwise.
7.2. Until such time as property in the goods passes to the Customer, he/it will:
7.2.1. Retain possession of the Goods as bailee and fiduciary agent for the Company and keep them separate from other goods and clearly identified as the property of the Company.
7.2.2 If so requested by the Company at the Customer’s expense, immediately redeliver the Company or to the Company’s order such of the goods that have not been sold by the Customer pursuant to clause
7.3 Of these conditions. If the Customer fails to redeliver the Goods the Company may enter upon any premises owned, occupied or controlled by the Customer where the Goods are situated and repossess the Goods. On the making of a request under this clause the rights of the Customer pursuant to clause 7.3 shall cease.
7.3 Notwithstanding that the Goods (or any of them) remain the property of the Company the Customer shall be entitled to use or sell the Goods in the ordinary course of business and in exercising this right the customer shall:
7.3.1 Act as agent for the Company to sell the Goods (or any part of them) shall cease immediately prior to the Customer:
7.3.2. Incorporate into the contract(s) of sale with its
Customer a statement to the effect that the Goods or the part thereof being resold are the property of the Company and shall remain so until the requirements of clause 7.1 of these conditions are met by the customer.
7.3.3 Not incorporated into the contract(s) of sale with its Customer any clause inconsistent with the terms of these conditions.
7.3.4. Not sell at an undervalue.
7.3.5. Keep full and proper records of all sales and the proceeds thereof and permit the Company, its servants, agents or assigns to inspect and/or have copies of the same upon request.
7.3.6. Not allow its Customer any period of credit for payment for goods and shall insist upon payment upon presentation of the Customer’s invoice. The Customer shall pay the proceeds of sale to the Company immediately upon receipt of the monies from the Customer’s customer and in the event that the Customer retains any money then the Customer shall hold any money proceeds of such sale(s) on trust for the Company and in a separate and clearly identifiable fund and shall identify the monies as monies belonging to the Company. The Customer shall not mix the proceeds of sale with any other money nor pay it into any overdrawn bank account.
7.3.7. Hold any non-money proceeds of such sale(s) on trust for the
Company and keep tangible proceeds stored separately and identified as the Company’s property and fully protected and insured against any loss and shall account for such proceeds to the Company.
7.4 The right to sell the Goods referred to in Clause 7.3 of these conditions the customer shall:
7.4.1. Becoming bankrupt or, if a firm, being dissolved, or (if a Limited Company) going into liquidation, administration or receivership, or entering into any arrangement or composition with its creditors or
7.4.2. Having any judgement entered against him/it or having distress or execution levelled against him/it goods, or
7.4.3. Purporting to deal with any of the goods in any manner inconsistent with the Company’s ownership thereof.
7.5. All free issue goods supplied to The Company are at the customer’s own risk and no responsibility can be accepted for damage to the goods however caused. It is understood by the customer that there is a slight risk during the embroidery process and that errors can occur and jobs are only accepted on the basis that the customer accepts this risk and will not hold The Company responsible for any loss.
7.5.1. Have or effect suitable insurance covering the full value of the Goods.
7.5.2. In the event of any loss of or damage to the Goods or any part of them, make a claim under the policy of insurance and hold any proceeds of such claim on trust for the Company and in a separate and clearly identifiable fund and shall account for such proceeds to the Company on demand.
7.6 The customer will indemnify the Company fully in respect of any costs, charges, fees or expenses incurred by the Company in connection with any steps taken by the Company to recover possession of any goods or monies pursuant to its rights hereunder
7.7 For the avoidance of any doubt it is hereby agreed and declared that it is not the intention of the parties that the foregoing provisions should operate to create a charge of any kind in favour of the Company over any asset(s) of the Customer.
7.8 The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the goods which are the property of the Company.

Customer Support
Our support team will be delighted to help you place an order, advise you on the range of merchandise we offer on our website and help you with queries about payment. Our support team is available from 9 am to 5 pm (GMT) Monday to Friday.
Please email them at [email protected] or call on 0191 237 1303. Opening times may vary without notice.

Payment Methods 

We accept payment by Visa (Credit and Debit), MasterCard, Maestro, Switch, Electron, Boodil and Klarna.
We accept card payments in GBP.
Please note that Delcor Online only accepts online payments.

Pricing Policy
Delcor Online reserves the right to alter prices and product specifications without prior notice.

Product Availability / Information   

The Company makes every effort to ensure that the product information including pricing is correct but sometimes errors occur for many reasons and include human error. If items that you order are out of stock, subject to a delay or the price is higher than that shown on your order, we will try to contact you at the email address you provided when placing your order. If we identify that a product or service you have ordered is incorrect in any way we reserve the right to cancel the order and refund any payment you have already made. We will correct the error where possible and you will be provided with the option to make the purchase again at the correct price or specification. If the change deems the product unavailable we will where practicable offer a substitution. We are under no obligation to supply you with a product or service that has been mispriced or contains a specification error.
You will be contacted using the details you have provided to inform you of the cancellation.
Whilst delivery lead times may be indicated to the Customer in good faith at the time of inquiry, goods offered are subject to actual availability at the time of order processing and the Company accepts no responsibility for any delay in supply whatever the reasons.
Once an item is sold out it will be taken off the website at the earliest opportunity and may not be available again

Acceptance of delivery                                                                     

 We will require you to take delivery of the goods ordered when tendered to you. If you fail to make alternative arrangements with us to deliver the goods to you within 14 days after the first attempt to deliver goods to you has occurred, then we may, at our complete discretion, store and ensure the goods ordered at your cost until delivery can take place or the goods can be returned at your cost to our custody.
In either event, we reserve the right, at our complete discretion, to set off any of these costs or any consequential costs reasonably incurred by ourselves as the first charge against any monies we have received from you in respect of the order. Such recovery of costs would be without prejudice to our rights otherwise under these Terms and Conditions.
Full risk in the goods passes to the customer immediately the Goods are delivered to the destination nominated by the customer.
Your Risk
Upon the delivery of the goods ordered or at such time as the goods are first tendered for delivery on our behalf to you, the risk of damage to or loss of the goods ordered shall pass to you.
We are obliged to reserve all our legal rights in the goods ordered until title in the same passes to you under these Terms and Conditions.

Returns Policy

Due to the customised nature of the products, refunds are not available on custom orders unless the products are defective. If you believe your products are defective you must contact The Company immediately and confirm in writing within 3 days. Returns will not be accepted if products have been used.

If you encounter any instance of discrepancies, or have any queries related to your order, we kindly request you to promptly inform Delcor Online in writing within 3 days of receipt. In the case of any damage, we advise you to inspect the delivery and, if feasible, refuse it while capturing a photograph to be sent to [email protected]

Please be aware that the delivery dates provided are indicative and are not legally binding.

12 Guarantees           

12.1. Our guarantees do not cover fair wear and tear, neglect, abuse or misuse of your products (including failure to follow any product care instructions), loss or damage including rusting or corrosion due to unreasonable exposure to water, sunlight, heat or infestation of boring insects, accidental damage due to fire, smoke, explosion, lightening, sunlight, or animals or damage caused by a third party.  Our guarantees are limited to products sold and retained in the United Kingdom and used solely for non-commercial purposes.

12.2. All guarantees begin from the date of delivery of the furniture. All Delcor Upholstery Ltd (“Delcor”) furniture is guaranteed to be free of manufacturing defects, subject to reasonable wear and tear in a normal domestic environment, as specified below:

12.3. If you wish to make a claim under our Guarantees, please contact us by phone on 0191 237 1303, or by e-mail at [email protected]

12.4. Where defective Products are covered by one of our Guarantees, we will endeavour to repair them free of charge. If a repair is not possible you will be offered a replacement and only if a suitable replacement is not available will you be offered a refund. Where possible, refunds will be made using the same means of payment as you used to purchase the relevant Products. In the case of card payments, refunds will be made to the original card of purchase.

12.5. Our Guarantees may not be assigned to a third party.

12.6. The law gives you certain statutory rights for the repair, exchange or refund of faulty products. These rights are not affected by this clause 11.

Upholstery:

Made to order sofa range – From 16th June 2014

All frames* within this range are guaranteed against manufacturing defects for 50-years. Springs carry a 10-year guarantee.

Cushion Interiors

All seat & back cushion interiors are guaranteed against manufacturing defects for 1-year.

13. Fabrics

13.1. Delcor and the fabric manufacturers / suppliers guarantee all fabrics against manufacturing defects for 1-year.

13.2. Whilst all fabrics are manufactured to the highest possible standard and only the best dye stuffs are used, sunlight will fade most fabrics and leathers and precautions should always be taken to protect all textiles from exposure to direct sunlight/heat.

13.3. Fabrics are categorised for wear based on the results of the BS Martindale rub test. Delcor recommend that your chosen fabric should achieve a minimum rating of general domestic use.

13.4. Where relevant the application of fabric protection treatment is covered by a 5-year guarantee, full details and prices are available upon request.

13.5. Fabric batches may vary. The majority of our fabrics are created from natural materials, and thus, unlike manmade 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 are more susceptible to this than others.

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

13.7. 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.

13.8. 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.

13.9. 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 (the cans should warn against spraying close to upholstery without first covering it).

13.10. We recommend that you dry clean all removable covers from our Products.

Additional Information

1. Only selected fabrics are suitable for washing and these are identified online in the descriptions.  Please ask for further details.

2. All other fabrics should be dry cleaned by a reputable cleaning company. Back-coated fabrics should be dry cleaned in situ. In all cases, should you be unsure of how to clean your purchase please contact us prior to attempting any cleaning methods.

3. All fabrics will be subject to an element of graceful degradation in both use and washing or dry cleaning. Please ask for a copy of our care instructions.

4. When furniture is ordered at separate times, Delcor cannot guarantee to colour match fabrics or other materials.

5. Normal settling of foam, feather and fibre should be expected and is a characteristic of all cushions.  Regular plumping and turning of cushions is essential. Please refer to our furniture care instructions for further details.

6. All upholstery supplied by Delcor complies with the requirements of the ‘Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended)’.

7. All furniture sizes quoted in our sales literature are approximate and intended for guidance only. Delcor will use reasonable endeavours to supply the customer with the exact goods ordered.

8. Any prices quoted by Delcor are provisional only and bound by written quotations Delcor reserve the right to increase the price at any time.  Orders placed on hold for more than a period of 6 months may be subject to a price increase.

9. If the furniture is not of a satisfactory quality, Delcor initially require the opportunity to establish & rectify any problems. This does not affect the customer’s statutory rights if the furniture is not of merchantable quality.

Security   

The order you place and the payment you make are sent via a system which uses 128bit encryption to prevent the details being read by any third party. Encrypted pages are indicated by a “padlock” symbol in most web browsers.

We reserve the right in ensuring the utmost security of the process we use to record the contents of any telephone communication with us and to request at random and at our complete discretion proof of any of the details provided to us in any transaction and we may decide to limit the value of any order we are prepared to supply until such proof has been provided to us.

It is our policy to pass on any evidence of fraud to the relevant authorities.

Privacy

Please see our separate privacy policy notice.

The Website

We may change the Delcor Online website and correct or update information (including product information) on it at any time without notice. We do not guarantee and are not responsible for the accuracy of any information provided on the website, except in relation to the description of products and services available for order from our website.

We do not represent or warrant that the material contained in the website, any of the functions of the website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material.

Accessing the website is entirely at your own risk. You must not transmit through or to our website any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws.

None of the photos on this site may be used without the express permission of the photographer or owner. All of the images used on this site are subject to copyright law and may not be reproduced or modified in whole or in part by anyone without prior written consent.

Liability and Indemnity

We do not exclude or limit our liability or the liability of any other person for death or personal injury resulting from our or their negligence or for fraudulent misrepresentation. Except as set out above and in relation to our contractual obligations to supply goods and/or services following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the website.

We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any other indirect or consequential loss arising out of or in connection with your use of the website (including without limitation, any such loss arising out of or in connection with any order placed on the website, whether or not accepted by us).

You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you. We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.

Jurisdiction

The website is controlled and operated in the UK. These Terms and Conditions and all matters connected with any order you place in our website are governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in relation to all matters connected with or arising out of the website or any order you place on the website.

Any product or service on offer may be substituted for an alternative of the item on offer if stocks are exhausted or for any reason are longer available.

Any offer that The Company makes is intended to be a fair and reasonable incentive to attract repeat orders and or new customers. If an offer is made that subsequently proves to be uneconomical or is used to exploit The Company, then at its’ discretion it retains the right to retract and withdraw any offer without notice or alternative.

General

We may change these Terms and Conditions at any time. If any of these terms and conditions are invalid or unenforceable, the remainder of these terms and conditions shall continue to have full force and effect.

For the avoidance of any doubt, it is hereby agreed and declared that it is not the intention of the parties that the foregoing provisions should operate to create a charge of any kind in favour of the Company over any asset(s) of the Customer.

Delcor Online trading under Delcor Upholstery Limited, Delcor House, Double Row, Seaton Delaval, Northumberland, NE25 0PR