Terms & Conditions
1. These Terms
1.1 What these terms cover. These are the Terms and Conditions on which we supply goods to you.
1.2 Why you should read them.; Please read these Terms and Conditions carefully before you submit your order for goods (Order) to us. These Terms and Conditions tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms and Conditions, please contact us to discuss.
1.3 Are you a business customer or a consumer?
(a) In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
(i) you are an individual; and
(ii) you are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
(b) Our goods are sold for domestic and private use only. Any other intended use should be declared at the time of placing the Order and may be subject to alternative terms and conditions of sale. We take no responsibility for, and will not incur any liability in respect of goods which are used for purposes other than domestic or private use, other than to the extent set out in these Terms and Conditions.
2. Information About Us and How To Contact Us
2.1 Who we are. We are Indigo Furniture Limited a company registered in England and Wales. Our company registration number is 03513093 and our registered office is at Unit 6, Heritage Business Centre, Derby Road, Belper, Derbyshire DE56 1SW. Our registered VAT number is 737539696.
2.2 How to contact us. You can contact us by telephoning us on 01629 581800 or by writing to us at email@example.com, or Customer Sales, Indigo Furniture, Indigo House, Keys Road, Nix’s Hill Ind Est, Alfreton, Derbyshire DE55 7FQ.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these Terms and Conditions, this includes emails.
2.5 Our Site is our website at www.indigofurniture.co.uk.
3. Our Contract With You
3.1 How we will accept your Order. All items displayed or promoted as being available for sale are subject to availability. Our acceptance of your Order will take place when we write to you to accept your Order (‘Sales Order / Invoice’, also called ‘Sales Order’) at which point a contract will come into existence between you and us. Your Order goes into process as soon as your Order has been accepted and whether your goods are from our standard offering within our current portfolio or, they are bespoke/customised goods i.e. an item that is not offered as standard by us (Custom Made Goods), the process of allocating or ordering materials to create your goods begins immediately. We ask you to choose carefully, match your colours where necessary and measure any areas you think may be a problem prior to placing your Order.
3.2 Accuracy of details you provide and your responsibility to provide information. Responsibility lies exclusively with you for ensuring the accuracy of the details of any Sales Order (including but not limited to your contact details, delivery address, description and quantity of goods) and for giving us any necessary information within a sufficient time to enable us to successfully deliver the goods to you, including without limitation (i) evidence that the bank account used for payment of the goods, in accordance with clause 16.4, is registered to the same address as your invoice address and (ii) proof of residency and identity where the invoice address does not match the delivery address.
3.3 If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the goods and we will refund you any money you have paid in advance for the goods. We reserve the right to refuse any Order.
3.4 Your order number. We will assign an order number to your Order and this will be stated on your Sales Order. It will help us if you can tell us the order number whenever you contact us about your Order.
3.5 Our target sales market is the UK. We may be able to accept orders from addresses outside the UK. Please contact us by telephoning 01629 581800 or by writing to us at firstname.lastname@example.org for more information as to orders and deliveries to addresses outside of the UK.
3.6 Stock clearance. If you purchase goods from an Indigo factory shop sale, or an Indigo factory outlet, or any of our other outlets which may operate from time to time for the purpose of stock clearance, or from an ‘outlet’ section on Our Site (Outlet Goods) these Terms and Conditions of sale apply to your purchase.
4. Our Goods
4.1 Goods may vary slightly from their pictures. The images of the goods on Our Site 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 goods. Your goods may vary slightly from those images.
4.2 Drawings, descriptions, illustrations, samples, weights and dimensions are for general guidance. All drawings, descriptions, illustrations, samples, weights and dimensions provided, whether:
(a) on Our Site;
(b) in one of our retail shops, showrooms, factory shops, Indigo factory outlet or any of our other premises or outlets which we may operate from time to time; or
(c) on other marketing materials,
are approximate and intended for general guidance purposes only and their accuracy cannot be warranted by us.
4.3 Goods may vary in dimensions and in look and finish. Although we have made every effort to be as accurate as possible, because some of our goods are handmade, all dimensions indicated on Our Site have a 10mm tolerance. Many of our goods are made from natural materials which have variations in their colour, markings, texture, look and finish, such as wood which has knots and inconsistencies within the grain. As a result of this, please be aware that goods purchased in separate Sales Orders may vary in appearance. Please contact us prior to placing your Order if this may be a problem for you.
4.4 Goods packaging may vary. The packaging of the goods may vary from that shown in images on Our Site.
4.5 Making sure your measurements are accurate. If we are making the goods to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on Our Site or by contacting us.
4.6 Advice and recommendation. All advice or recommendation provided by us or our employees as to the care, maintenance or use of the goods which is not confirmed in writing by us is followed or acted upon entirely at your own risk. Consequently, we will not be liable for any such unconfirmed advice or recommendation.
4.7 Recommendations and endorsements. In the event of a recommendation or endorsement by us, then such recommendation or endorsement is the personal opinion of certain employees of ours and we take no responsibility for, and will not incur any liability in respect of such recommendation or endorsement. The use of such a recommendation or endorsement is entirely at your own risk.
4.8 Custom Made Goods. All Orders for Custom Made Goods must be specified in writing and are subject to our express acceptance. With respect to Custom Made Goods produced according to your specifications, your submission of any design specifications to us shall constitute an assignment to us of all worldwide rights, titles, and interests in all copyrights, design rights and other intellectual property rights in the specifications and furthermore you shall defend us at your expense and pay all costs and damages of any kind (including our legal fees) incurred by us as the result of any suit or other legal proceeding against us for infringement of any patent, trademarks, copyrights, design rights or other rights by reason of use of such specifications, provided we promptly notify you of such claim of, or suit for, infringement and tender the defence thereof to you. Additionally, at our option, we may be separately represented in any such suit at our own expense.
5. Your Rights To Make Changes
If you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our Rights To Make Changes
6.1 Minor changes to the goods. We may change the goods:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the goods.
6.2 Except in relation to pending Orders, we reserve the right to alter sizes and/or specifications of any of our goods, and to make any changes or discontinuations to our goods and product ranges without prior notice.
6.3 More significant changes to the goods and these terms. If we make more significant changes to the goods or these terms once a legally binding contract between you and us is made, we can only do this if you agree to it.
7. Providing The Goods
7.1 Delivery costs. The costs of delivery will be as displayed on Our Site or otherwise informed by our sales team in writing.
7.2 Delivery address. We will deliver goods to the address specified on the Sales Order, you are responsible for ensuring that this is the correct address. The delivery address stated on the Sales Order cannot be amended or changed. If such a change to the delivery address is requested, we may cancel the Order at our discretion.
7.3 When we will provide the goods & our Delivery Schedule. Our regular delivery schedules run on weekdays excluding public holidays (Delivery Schedule). We will deliver the goods to you as soon as reasonably possible and we will contact you to agree a delivery date, which will be between 6-8 weeks after the day on which we accept your Order, unless otherwise agreed. We will use reasonable endeavours to complete delivery on or before any delivery dates which you have requested or we have estimated at the time of placing the Order. Any dates that we specify for delivery of the goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. We shall not be liable for any delay in delivery of the goods howsoever caused. If delivery cannot be achieved within the specified time, you will have the option of cancellation of the Order. We will not be obliged to offer any compensation for disappointment suffered. Upon giving reasonable notice to you, we may deliver the goods in advance of the stated delivery date.
7.4 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund of any money you have paid in advance for the goods.
7.5 Collection by you. If you have asked to collect the goods from our premises, you can collect them from us by prior arrangement at a mutually agreed time and date which will be during our working hours of 9am-4pm on weekdays excluding public holidays (Working Hours).
7.6 Delivery arrangements. We will contact you by phone or in writing to arrange a delivery date. This will be based upon your postcode and our Delivery Schedule. You accept that we cannot guarantee a time of delivery. You will endeavour to make yourself available on the date we propose. You are responsible for providing delivery instructions and for undertaking appropriate preparations prior to delivery, including (without limitation) compliance with clause 7.15. The delivery teams run to a tight schedule and we appreciate your assistance and cooperation in the above. Severe weather conditions or unpredicted traffic delays may affect deliveries and this is beyond our control.
7.7 Rearranging an agreed delivery. If you wish to change the delivery date once it is agreed then please give us no less than 3 working days’ notice prior to delivery. Notice within 3 working days of a pre-arranged delivery date will incur a rescheduling charge of £45. If you wish to delay your delivery beyond the agreed delivery date or beyond the delivery lead time agreed at the time of placing your Order then you accept that you will incur storage charges of £20 per week, or part week if applicable, per item. Requests for delivery by specific dates cannot be guaranteed.
7.8 If you are not at home when the goods are delivered. If no one is available at your specified delivery address on the mutually agreed date to take delivery we will leave you a note informing you of how to rearrange delivery. The applicable delivery charges will not be refunded and a further charge will apply to the rearranged delivery in accordance with our charges for standard delivery, see https://www.indigofurniture.co.uk/about-us/delivery-returns.
7.9 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery within 2 working days we will contact you for further instructions and may charge you for storage costs and any further delivery costs. Any charges levied under this clause 7.9 are for the provision of an extra service and are non-refundable. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11.2 will apply.
7.10 When you become responsible for the goods. Goods will be your responsibility from the time we deliver the goods to the address you gave us, or from the time you (or a carrier organised by you) collect the goods from us.
7.11 When you own the goods. You own the goods the later of, once we have received payment in full for the goods (either from you or from a finance provider) and when you take possession of the goods.
7.12 What will happen if you do not give required information to us. We need certain information from you so that we can supply the goods to you, for example, delivery address, confirmation of the adult to be present to receive the goods and their contact details, confirmed vehicular access for our delivery vehicle, confirmed clear and safe access for delivery and handling of the goods to and within the premises. We will contact you by phone or in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.13 We may suspend supply of the goods if you do not pay. If you do not pay us for the goods when you are supposed to (see clause 16.4) and you still do not make payment within
3 working days prior to delivery, we will suspend supply of the goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods. As well as suspending the goods we can also charge you interest on your overdue payments (see clause 16.6).
7.14 How your goods will be delivered. Your goods will be delivered by one of our own 2-person delivery teams. However, smaller, manageable items may be dispatched via a third-party carrier and, if this is the case, we will notify you of such in advance. Occasionally we may use a carefully selected third party for the delivery of our furniture to you.
7.15 You must provide adequate delivery instructions and prepare for your delivery. It is your responsibility to provide adequate delivery instructions and to undertake appropriate preparations for delivery, including (without limitation) to:
(a) advise at the time of Order or of delivery arrangement if there are any vehicle size or access restrictions which may affect the delivery;
(b) ensure that you, or a responsible adult on your behalf, are present to accept the delivery; and
(c) ensure there is clear and safe access to the address for the delivery vehicle; and
(d) ensure there is clear and safe access for the delivery team and the handling of the goods both to and within the premises; and
(e) provide non-slippery protection for your floors (both for carpets and wooden flooring) from the front door to the final placement of the goods. We cannot carry enough protective sheeting for all our deliveries. We cannot be held responsible for damage to floors or carpets if they are insufficiently protected; and
(f) ensure the installation area for the goods is clean and clear of obstruction prior to our arrival. We are not responsible for moving any existing furniture or any other objects. We will not take any unwanted furniture or other objects away for disposal.
7.16 What will happen if you do not provide adequate delivery instructions or adequately prepare for delivery. In the event that, in the sole discretion of the delivery team, you have failed to comply with the provisions of clause 7.15 then:
(a) the delivery team will return the goods to our depot, in which case the applicable delivery charges will not be refunded and clause 7.9 shall apply; or
(b) if access within the premises is deemed to not be safe, clear of obstruction or appropriate you may choose for the goods to be left with you at the specified delivery address but not assembled in their final location at such specified delivery address.
7.17 Installation of goods on delivery. Delivery charges include assembly of your new furniture ‘in situ’ upon delivery, subject to clause 7.15. We do not fix items to walls, for example; mirrors, pictures, headboards, dressers. Except in cases of negligence we will not be liable for any loss or damage suffered by you, including damage to your property as a result of us delivering and assembling the goods, we will not be responsible for the cost of repairing any pre-existing faults or damage to your property. For the avoidance of doubt this includes, but is not limited to, any loss of earnings through a cancelled, failed or otherwise unsuccessful scheduled delivery arrangement.
7.18 Additions to your Order. If you wish to add goods to an existing Order then we will use reasonable endeavours to fulfil your request. Such additional goods are not subject to the same promotional offers as the original goods unless the promotion is still active. Any excess payment due must be made prior to delivery of the additional goods and:
(a) where the supply of such additional goods can be included within a delivery, collection or exchange visit for the original Order, whether scheduled or not, without causing any delay, complications or extra costs (at our own discretion) then extra delivery charges for the additional goods will not apply.
(b) where, despite reasonable endeavours to fulfil your request, we are unable to deliver the additional goods within an existing/planned visit then the additional goods will be treated as a new Order and a delivery charge will apply as normal.
7.19 Change in location of goods. The contract is based upon the goods being located at the delivery address as stated on the Sales Order. In the event of the location changing at any time then we reserve the right to charge you for any excess in costs reasonably incurred by us as a direct result of such change in location of the goods, whatever the reason including but not limited to collections or service visits in the event of faulty goods.
7.20 Your obligations in relation to the goods. It is your responsibility to take reasonable care of the goods and keep the goods clean, safe and secure. If you intend to return or exchange the goods under clause 8 or 9, goods must be returned in the same condition as delivered to you, must not be used and must be covered and protected from any possible damage that may occur and this clause must be complied with until the goods are either posted to us, returned to our depot or collected by us in accordance with clause 10.2.
8. Your Right To Exchange Goods
8.1 You may exchange goods. You may exchange furniture goods for goods of a similar nature at our discretion by notifying us of your intent within 14 days of delivery by us (or collection of the Goods from us, if applicable), subject to the conditions set out in clauses 7.20, 8.2, 8.4, 9.4 and 9.9. The goods to be exchanged must be specified at the time of notification to us, otherwise it will be classified as a return (see below) followed by a new Order. We endeavour to collect the returning goods and deliver the exchange goods at the same time (please be aware that this may require you to store the returning goods safely, unused and undamaged, as specified in clause 7.20, for a reasonable period of time). Your right to exchange goods under this clause 8 does not apply to accessories.
8.2 You can exchange goods free of charge. Goods can be exchanged without incurring an additional collection/delivery charge (not including additional charges that may be incurred under clauses 7.7, 7.8, 7.9, 7.12, 7.13 and 7.19), providing such exchange is carried out in compliance with clause 8.1 and the goods are to be returned/collected by you or are being collected/delivered by us from those parts of England, Scotland and Wales that are accessible from London without crossing water (UK Mainland). Your original delivery charge will not be refunded. In the event that (i) you collected the original goods but require collection/delivery by us for the exchange, or (ii) you received free delivery for the original goods, then a delivery charge will apply for the exchange of goods. Delivery/collection charges will apply for subsequent returns and exchanges.
8.3 Deliveries outside of UK Mainland. For deliveries outside of UK Mainland, clause 8.2 above will not apply and delivery charges and collection charges, as specified in these Terms and Conditions, will apply to all exchanges.
8.4 Payment and promotional offers for exchange goods. Any excess payment due for exchange goods must be made prior to delivery of the goods in accordance with clause 16.4. Exchange Goods are not subject to the same promotional offers as the original goods unless the promotion is still active.
9. Your Rights To End The Contract and To Return The Goods
9.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back), see clause 13 if you are a consumer and clause 15 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
(c) If you are a consumer and have just changed your mind about the goods, see clause 9.3. You may be able to get a refund if you are within the Cooling-off Period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) If you want to return goods at the time the goods are delivered by our delivery team, see clause 9.7;
(e) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 9.8.
9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any goods which have not been provided. The reasons are:
(a) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the goods may be significantly delayed because of events outside our control;
(c) we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(d) you have a legal right to end the contract because of something we have done wrong.
9.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most goods bought online you have a legal right to change your mind within the Cooling-off Period (as defined in clause 9.6) and receive a refund. These rights are explained in more detail in these Terms and Conditions and are subject to clauses 9.4, 9.5, 9.6, and 10 below. We extend the same right to change your mind also to goods purchased in store.
9.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind and any right to an exchange under these terms does not apply in respect of any Custom Made Goods, Outlet Goods, or stock clearance or ex-display items bought in person from one of our retail shops, showrooms, factory shops, Indigo factory outlet or any other premises or outlets which we may operate from time to time; and for hygiene reasons, mattresses where you have removed the protective wrapping.
9.5 Your obligations in respect the goods if you are a consumer exercising your right to change your mind. If you intend to exercise your right as a consumer to change your mind under clause 9.3, you must not use the goods and they must be returned in a resellable condition with the original tags and labels attached and where applicable in the original packaging.
9.6 How long do consumers have to change their minds? If you are a consumer exercising your right under clause 9.3, how long you have to change your mind depends on what you have ordered and how it is delivered. Subject to clause 9.4, you have 14 days after the day you (or someone you nominate) receive the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery (Cooling-off Period).
9.7 Returning goods free of charge upon delivery by our delivery team. If you are a consumer exercising your right under clause 9.3, and if delivery is by our delivery team and is to the UK Mainland, you may return goods totally free of charge, by notifying us at the time of delivery by our delivery team and allowing the delivery team to bring the goods back with them. If such delivery is within the UK Mainland and a complete Order as detailed on a single Sales Order is returned, i.e. the Order, a refund for the returned goods will be given and the original delivery costs that you paid to us will also be refunded, this does not include additional charges incurred under clauses 7.7, 7.8, 7.9, 7.12, 7.13 and 7.19. This clause does not apply to deliveries outside of UK Mainland, and so, delivery charges and collection charges, as specified in these Terms and Conditions, will apply in such circumstances.
A decision to return goods under this clause must be made promptly upon delivery (and installation if applicable/required). If you make a request for the delivery team to wait then the wait time must be reasonable, and for the avoidance of doubt a maximum of a 15 minute wait is reasonable notwithstanding that any agreement to wait is at the total discretion of the driver and must not put the remainder of their daily schedule at risk.
9.8 Ending the contract before goods have been delivered and paid for where we are not at fault and there is no right to change your mind. You can still end the contract before the goods have been delivered and paid for, even if we are not at fault and you are not a consumer exercising the rights set out in clause 9.3, but you may have to pay us compensation.
In the case of Custom Made Goods or if you are a business customer, you will not have this right to cancel the Order once we have issued the Sales Order. If you are a business customer or for Custom Made Goods and you do wish to cancel all or part of an Order at any time after we have issued the Sales Order then you will remain liable to pay for the goods in full.
In the case of Outlet Goods you have no right to cancel the Order once it has been placed (except where Consumer Contracts Regulations 2013 or Consumer Rights Act 2015 stipulate otherwise).
If you want to end a contract before the goods you have ordered are delivered, where we are not at fault and you are not a consumer who has changed their mind in accordance with clause 9.3, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you):
(a) reasonable compensation for the net costs we will incur as a result of your ending the contract; and
(b) a charge of £45 if you exercise your right to end the contract in accordance with this clause 9.8 within 3 working days of the agreed delivery date.
9.9 Free gifts. For the avoidance of doubt, any free gifts issued with the returned goods are also to be returned.
10. Returns, Refunds and Ending Your Contract (Including If You Are A Consumer Who Has Changed Their Mind)
10.1 How to end the contract with us. To end the contract with us, please let us know by doing one of the following:
(a) phone or email. Call us on 01629 581800 or email us at email@example.com. Please provide your name, home address, details of the Order including the order number and your phone number and email address;
(b) by post. Print off and complete the cancellation form provided at www.indigofurniture.co.uk/cancellationform and post it to us at Customer Sales, Indigo Furniture Limited Indigo House, Keys Road, Nix’s Hill Industrial Estate, Alfreton, Derbyshire DE55 7FQ, or simply write to us at that address, including your name, home address, details of the Order including the order number and your phone number and email address.
10.2 How to return goods. If you are a consumer exercising your right to change your mind or you wish to end the contract for any reason after goods have been delivered to you or you have received them, under clause 9.3, you must return them to us within 14 days of telling us you wish to return goods or to end the contract. You must contact us in advance for returns authorisation. Please call us on 01629 581800 or email us at firstname.lastname@example.org to arrange to return the goods either:
(a) by post if we advise that they are suitable for posting, and always including your returns authorisation paperwork, to Customer Returns, Indigo Furniture Limited, Indigo House, Keys Road, Nix’s Hill Industrial Estate, Alfreton, Derbyshire DE55 7FQ; or
(b) in person to our depot during Working Hours on an agreed date; or,
(c) if they are not suitable for posting, allow us to collect them from you.
You must make yourself available for collection of the goods on a day we notify you of during the Delivery Schedule (see clause 7.3), within 14 days of telling us you wish to end the contract. Should you fail to make yourself available for collection of the goods on the notified day then you will be responsible for returning the goods to us within such period of 14 days from notifying us you wish to end the contract.
We have the right to inspect goods at the time of collection and may refuse to take such goods if there has been a failure to comply with clauses 7.20 or 9.5.
If you fail to return the goods to us as set out in 10.2(a) to (c) above within 14 days of telling us you wish to end the contract, you will lose your right to end the contract because you have changed your mind during the Cooling-off Period.
10.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the goods are faulty or misdescribed; or
(b) because we have a legal obligation to do so as a result of something we have done wrong; or
(c) where you are entitled to free returns under a promotional offer, subject to the terms and conditions applicable to such promotion.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
10.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, the costs of collection will be the same as our charges for standard delivery, see https://www.indigofurniture.co.uk/about-us/delivery-returns.
10.5 How we will refund you. If you are entitled to a refund under these Terms and Conditions we will refund you the price you paid for the goods. In the event that you are a consumer exercising your right to change your mind or if you are exercising your right to a refund in accordance with clause 9.8 then we will refund any delivery costs you have paid. All refunds will be made by the method you used for payment. However, we may make deductions from the price, as described below.
10.6 When we may make deductions from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods up to the contract price, if this has been caused by your failing to comply with your obligations in clauses 7.20 and/or 9.5. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
(b) the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer standard delivery of goods within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and
(c) discount codes or vouchers are non-refundable under any circumstances and in this event will be forfeited.
(d) if you have taken advantage of a promotion and then return only part of your Order this may affect the refund value. For example, if you order a number of items as a package at a discounted offer price, the return of one of the items disqualifies the Order from the discounted offer price and your refund will be adjusted accordingly.
(e) free gifts issued upon purchase of returned goods must also be returned complete, in perfect condition and unused, or we may apply a reasonable charge.
(f) For the avoidance of doubt, you are not entitled to a refund of any additional charges incurred under clauses 7.7, 7.8, 7.9, 7.12, 7.13 and 7.19.
10.7 When your refund will be made.
(a) We will make any refunds due to you as soon as possible.
(b) If you are a consumer exercising your right to change your mind, your refund will be made within 14 days from the day on which we receive the goods back from you or if earlier, from the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return goods to us, see clause 10.2.
11. Our Rights To End The Contract
11.1 We may end the contract if you break it. We may end the contract for goods at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, for example, information set out under clause 7.9;
(c) you provide us with misleading or inaccurate information in respect of appropriate access for delivery and handling both to and within the premises;
(d) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us; or
(e) you are not available or able to receive the delivery for any reason on the agreed delivery date in accordance with clause 7.6 and have not provided adequate notice of such in accordance with clause 7.7.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you £45 as compensation for the net costs we will incur as a result of your breaking the contract.
12. If There Is a Problem With The Goods
How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can telephone us on 01629 581800 or email us at email@example.com. Alternatively, please speak to one of our staff in-store.
13. Your Rights In Respect Of Defective Goods If You Are a Consumer
13.1 These Terms and Conditions and your legal rights as a consumer. If you are a consumer we are under a legal duty to supply goods that are in conformity with this contract. Nothing in these Terms and Conditions will affect your legal rights.
13.2 A summary of your key legal rights as a consumer. The following is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
(a) up to 30 days: if your goods are faulty, then you can get an immediate refund.
(b) up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
(c) up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
13.3 You must inspect your goods upon delivery. Responsibility for inspecting the goods upon delivery rests solely with you. You shall examine the goods upon delivery and shall promptly (in any event within 14 days of delivery) notify us of any apparent damage, defect or shortages. We shall act promptly to resolve the issues.
13.4 Defects notified at point of sale are not deemed unsatisfactory. Any goods sold:
(a) at discounted prices at factory shop or stock clearance sales, an Indigo factory outlet or any of our other outlets which may operate from time to time;
(b) as ex-display;
(c) as remnants; or
(d) as substandard,
will be identified and sold as such. Please check that they are of satisfactory quality for their intended use. Where defects have been drawn to your attention before purchasing the goods, the goods will not be deemed as being unsatisfactory upon the basis of such defects.
13.5 If your goods have a fault. If you find a fault within your goods we request that within 7 days of such discovery you provide notification to us with a description of the fault including photos if possible and that you cease using the goods. We shall act promptly to resolve the issue in accordance with your statutory rights, however please note that we shall not be liable if you continue to use the goods or if you attempt to alter or repair the goods without our written consent. There are no circumstances in which you can reject the goods on the basis of defects or failures which are so slight that your rejection would be unreasonable.
13.6 Goods are sold as individual items. All goods, whether purchased together in the same Order or in separate Orders, are purchased as individual goods and not as part of a set. In the event of a refund, repair or replacement of any goods under this clause 13, we shall not be liable to refund or replace any other goods purchased by you, whether purchased together in the same Order or in separate Orders, for any reason other than as stated under clauses 9.1.
13.7 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either (i) allow us to collect them from you on a date that we advise you of during the Delivery Schedule (see clause 7.3) at our cost or (ii) return them in person to our depot during Working Hours at an agreed time and date at your own cost. Please call us on 01629 581800 or email us at firstname.lastname@example.org to arrange the return.
14. Our Guarantee If You Are a Consumer
14.1 Guarantee if you are a consumer. If you are a consumer, in addition to your rights above in respect of defective goods, your goods are guaranteed such that should any structural or manufacturing fault occur during the guarantee period set out below then we will either repair or replace (at our own discretion) the faulty items free of charge, subject to the terms and conditions set out in this clause 14. This guarantee does not apply to Outlet Goods, Custom Made Goods or to business customers.
14.2 The guarantee applies to UK Mainland only.
14.3 Outstanding sums owed by you. We shall have no liability whatsoever in respect of this guarantee if any sum owing by you to us has not been paid.
14.4 Guarantee Period. The guarantee period begins on the date of collection/delivery of the goods and, unless otherwise specified on your Sales Order, is dependent upon the furniture type, as set out below.
(a) 15 year guarantee period for Indigo-brand products as follows: indoor tables, wooden indoor benches, wooden beds (excluding mattresses), wardrobes, chests, cabinets, bedsides, bookcases.
(b) 10 year guarantee period for Indigo-brand products as follows: sofas, armchairs, leather benches.
(c) 5 year guarantee period for Indigo-brand products as follows: outdoor furniture, dining chairs, footstools, pods, cubes, mirrors and our ‘Ultimate’ range of mattresses.
(d) Any goods which are not listed above have a 1 year guarantee. Mattresses have a 1 year guarantee (except for the ‘Ultimate’ range which has 5 years). Fabric, whether incorporated into an item or not, has a 1 year guarantee. Non-Indigo-brand items carry the manufacturer’s standard guarantee (usually 1 year).
14.5 Guarantee Exclusions. The following exclusions apply in respect of the guarantee:
(a) Your goods are guaranteed for normal domestic use, and not for commercial use.
(b) Your goods require some routine maintenance – see the Furniture Care Page on Our Site. Please take care to treat your furniture like the fine product it is. Proper care and use are essential to preserving your rights under this guarantee. We will not replace or repair your furniture if improper maintenance or improper use causes damage. This guarantee does not apply if your product is damaged by the use of detergents, abrasives or other harsh cleaning agents.
(c) Wood has certain natural characteristics such as shrinkage, swelling, hairline cracks and minor movement due to changes in temperature and humidity. These may appear and disappear with the changing weather conditions. This will not affect the durability, serviceability or lifespan of your furniture and normal movement within wood is completely normal. These natural movements are not a structural or manufacturing defects and are therefore not covered under this guarantee.
(d) Genuine leather contains natural characteristics that unmistakably distinguish it from imitation products. Individual hides or skins may display small markings such as healed scars, insect bites and growth wrinkles and will often show slight variations in surface colour and grain texture, the prevalence of these characteristics differs for each leather type. We actively source what we consider to be interesting hides and we do not consider these markings to be defects. Such markings and characteristics are excluded from the guarantee, however unused goods may be returned within 14 days under clause 9.
(e) Fair wear and tear, and damage or defects arising due to fair wear and tear, in normal domestic use is excluded. This means that for example, we will not replace a table that is 14 years old because it looks used. Accidental damage is excluded.
(f) Keep indoor furniture out of direct sunlight. The ultraviolet rays of the sun can damage and fade fabrics, leathers and wood – such damage is excluded.
(g) Keep indoor furniture in and keep outdoor furniture out. The goods are designed and built to suit their intended environment and thus are only guaranteed for such use.
(h) The guarantee given by us shall only apply to the original purchaser as named on the Sales Order. It is not transferable or assignable.
14.6 Items are sold as individual items and not a set. In the event of refund, repair or replacement of faulty goods, under clause 13 or 14, you are not entitled to reject and we are not liable for any other items bought together with the defective items.
14.7 DOCUMENTATION IS IMPORTANT: Please keep your Sales Order documentation safe. This contains your order number, which must be quoted for your guarantee to be valid. If you wish to make a claim under the guarantee please contact our customer services team by phoning us (01629 581800).
14.8 Your rights in respect of Outlet Goods
(a) Outlet Goods include imperfect and damaged stock, returns, discontinued and clearance items. No guarantee is provided with Outlet Goods.
(b) Subject to clause 14.8(c), Outlet Goods are ‘sold as seen’ and are not returnable or exchangeable unless a defect exists or develops within 12 months from collection/delivery which (i) was not noticeable or reasonably foreseeable upon visual inspection at the time of purchase and (ii) renders them unsuitable for the purpose intended at the time of purchase. No refund will be given, in whole or in part, unless such defect exists or develops.
(c) Outlet Goods protected by the Consumer Contracts Regulations 2013 may be returned or exchanged in accordance with clause 8 and 9.
(d) Gift Vouchers are not redeemable against Outlet Goods.
15. Your Rights In Respect Of Defective Goods If You Are a Business
15.1 If you are a business customer we warrant that on delivery and for a period of 6 months from the date of delivery (Warranty Period), any goods shall be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
15.2 Subject to clause 15.3, if:
(a) you give us notice in writing within a reasonable time of discovery that goods do not comply with the warranty set out in clause 15.1; and
(b) we are given a reasonable opportunity of examining such goods in situ at your premises if we wish; and
(c) you provide us with photographic evidence that such goods do not comply with the warranty set out in clause 15.1 upon request; and
(d) you return such goods to us by prior arrangement and at our cost,
we shall, at our option, repair or replace the defective goods, or refund the price of the defective goods subject to reasonable deductions for fair wear and tear.
15.3 We will not be liable for failure of the goods to comply with the warranty in clause 15.1 if:
(a) you make any further use of such goods after giving a notice in accordance with clause 15.2(a); or
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, use or maintenance of the goods or (if there are none) good trade practice; or
(c) you alter or repair the goods without our written consent; or
(d) the defect arises as a result of us following any drawing, design or specification supplied by you; or
(e) the defect arises as a result of fair wear and tear, accidental damage, wilful damage, negligence, or abnormal working conditions. Our goods are supplied for domestic use only, they are not recommended for use in commercial or business environments.
15.4 Except as provided in this clause 15, we shall have no liability to you in respect of the goods failure to comply with the warranty set out in clause 15.1.
15.5 We reserve the right to charge you the expense of a service call where no fault is found upon inspection.
15.6 These Terms and Conditions shall apply to any repaired or replacement goods supplied by us under clause 15.2.
16. Price, Payment and Promotions
16.1 Where to find the price for the goods. The price of the goods (which includes VAT) will be the price indicated on the order pages when you placed your Order or the price set out in our price list/point-of-sale material in force at the date of your Order. Prices do not include any delivery charges. Any promotions, discounts or special offers displayed will only be applicable for orders placed at the time of such display We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 16.3 for what happens if we discover an error in the price of the goods you order.
16.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your Order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
16.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. If the goods correct price at your Order date is higher than the price stated to you, we will contact you for your instructions. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid.
16.4 When you must pay and how you must pay. We accept payment by credit and debit cards, via our finance provider and via Paypal. You must pay for the goods as follows:
(a) for all Orders other than those for Custom Made Goods or by business customers: a minimum 20% deposit is required upon Order, unless you are making an application for finance in which case a minimum of 10% deposit will be required at the time the Order is placed, with the balance payable by 1 week prior to the agreed delivery date. In the event that you arrange to delay your delivery date under clause 7.7, the balance payment due date will not be delayed. If your application for finance is subsequently declined you must pay the remainder of the balance in full prior to delivery of the goods or cancel the contract; and
(b) for Custom Made Goods and Orders by business customers: a minimum 50% deposit is required upon Order, with the balance payable by 1 week prior to delivery.
For all Orders, goods will not be despatched until full payment has been received.
16.5 Payment if you are a business customer. If you are a business customer you must pay all amounts due to us under these Terms and Conditions in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
16.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of National Westminster Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
16.7 Promotions terms and conditions apply to promotions. If you purchase goods under a promotional offer then, in addition to these Terms and Conditions of sale [LINK], our Promotions Terms and Conditions also apply (see https://www.indigofurniture.co.uk/about-us/promotion-terms).
17. Our Responsibility For Loss or Damage Suffered By You If You Are a Consumer
17.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
17.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors (as applicable); for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods as summarised at clause 13.1; and for defective goods under the Consumer Protection Act 1987.
17.3 We are not liable for business losses. If you are a consumer we only supply the goods for to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 18.
18. Our Responsibility For Loss or Damage Suffered By You If You Are a Business
18.1 Nothing in these Terms and Conditions shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(d) defective goods under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
18.2 Except to the extent expressly stated in clause 15.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded.
18.3 Subject to clause 18.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by you for each item of goods supplied under such contract.
19. How We May Use Your Personal Information
19.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the goods to you;
(b) to process your payment for the goods; and
(c) if you agreed to this during the order process, to give you information about similar goods that we provide, but you may stop receiving this at any time by contacting us.
19.2 We may pass your personal information to credit reference agencies. Where you apply for credit to pay for the goods this is provided on the terms supplied by our third-party credit provider. Their terms deal with how they will deal with your personal information.
19.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
20. Intellectual Property
20.1 ‘Indigo Furniture’, ‘Indigo’, ‘Junk’, ‘Riven Oak’, ‘Nature’s Design’ and our logos are our trademarks. All other trademarks displayed on Our Site and in our other marketing materials are our property unless otherwise designated or clearly implied as belonging to third parties. Nothing contained at Our Site or elsewhere shall be construed as granting by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright (except as expressly stated above) or proprietary rights of Indigo or of any third party.
20.2 Intellectual property rights including but not limited to copyright exist in all of our designs. We believe we have a duty to our customers and to ourselves to vigorously defend these rights when an infringement comes to our attention. For the avoidance of doubt, the copying of our products or the use of our designs to create a derivative work is not permitted and is an infringement of our rights by law.
20.3 You acknowledge that you have no rights in respect of any of our intellectual property (including but not limited to any copyright works, inventions, domain names, patents, web-rights, online rights, registered or unregistered designs, trademark, confidential information, know-how, show-how or other industrial or intellectual property right registered or unregistered) in respect of any of our products or those of our suppliers (collectively the “Products”). You agree not to reproduce or cause to have reproduced any of our Products or designs.
21. Other Important Terms
21.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organisation. You may not transfer your rights under these Terms and Conditions to someone else.
21.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its Terms and Conditions. Neither you or us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms and Conditions.
21.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
21.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.
21.5 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These Terms and Conditions are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
21.6 If you are a business customer this is our entire agreement with you. If you are a business customer these Terms and Conditions constitute the entire agreement between you and us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on our behalf which is not set out in these Terms and Conditions and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
21.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.