Terms & Conditions
All Products on this website are sold to consumers on the terms and conditions set out below. Please read these terms and conditions before ordering any Products from our company. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1. Information about us
www.willowandhall.co.uk is a site operated by Willow and Hall Limited (we). We are registered in England and Wales under company number 08224678. Our main trading address is at Regal House, 70 London Road, Twickenham, TW1 3QS, and our showroom is at Orchard Place, 1A Thornton Avenue, Chiswick, W4 1PL. Our registered office address is at Unit D2 Southgate, Commerce Park, Frome, Somerset, BA11 2RY and our VAT number is 150857896.
2. Service availability
The Products on our site are available for purchase within the UK Mainland only. For orders from people not resident within the UK Mainland, you will need to call us to arrange delivery to a shipping port of your choice if you need your Products sent outside the UK Mainland.
3. Your status
By placing an order with us, you warrant that you are legally capable of entering into binding contracts and are at least 18 years old.
4. How the contract is formed between you and us
Your order to us is your offer to purchase the products, services, and third party warranties you have ordered, on and subject to these sales terms, and subject to our acceptance of your order. You are entitled to withdraw your order at any time up to the moment that we accept it.
All orders are subject to availability and to acceptance by us, and we will confirm our acceptance to you by sending you an e-mail that confirms that we have accepted your order and are processing it (Order Acceptance Confirmation). The contract between us (Contract) will only be formed when we send you the Order Acceptance Confirmation. The Contract only applies to those Products we have confirmed in the Order Acceptance Confirmation. We will not be obliged to supply any other Products which may have been part of your order until we confirm such Products in a separate Order Acceptance Confirmation.
Where your order is for a third party warranty scheme or planfor any of our products (e.g. Staingard Protection), then the following terms apply:
-Where the scheme or plan includes the application of any protective chemicals to any products you have ordered, then this will be a service provided by us, and the price will include the cost of that service
-Where the scheme or plan includes a third party warranty, then: our agreement with you is to procure in your name that third party warranty from the provider(s); the terms of the third party warranty will be as communicated by us to you prior to the order;the price includes the provider's premium for such third party warranty, which we will pay over to the provider(s), and our commission on the same; the third party warranty is a separate contract between you and the provider(s), on their terms and conditions, which they will write to you separately about; and we shall have no liability to you for and give no guarantee with respect to their performance of the third party warranty - our responsibility is limited to procuring the third party warranty that you ordered
5. Our status
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that Products you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
6. Product specifications
The details, makes and designs of our Products are constantly changing and we reserve the right to change the specification of our Products without prior notice in relation to future sales. You should check our website for details.
We will endeavour to match the colour and texture of the fabric of your Product to the samples chosen as accurately as possible, but variations in both the colour and texture may occur.
The measurements of all Products provided are as accurate as possible, but some slight variances may apply.
Any the third party warranties to be procured by us, will correspond to the essential characteristics, description and specifications set out in our website and in your order at the time when you submitted your order.
7. Cancellation and amendment of orders
You may cancel a Contract with us or for any Third Party Warranties within 30 days, beginning on the day you received the Products, with the exception of bespoke items – see below. In such circumstances, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in ‘Our Refunds Policy’ below). No order can be cancelled after 30 days from delivery. This clause does not affect other legal remedies that you may have.
For bespoke items, you may still cancel a Contract with us within 30 days however a restocking fee of 55% will be deducted from your refund.
To cancel a Contract, you must inform us in writing as soon as possible (but in any event within the 30 days specified above) to arrange for the return of the Products or cancellation of any Third Party Warranties. Products must be returned to us in the same condition in which you received them. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we have a right to retain a reasonable percentage of the purchase price as compensation for any damage to the Products and for our additional costs incurred.
In the situation where we agree to provide services, then you confirm that you request the services begin before the end of the cancellation deadline, and you agree that if you subsequently cancel, you shall pay us an amount for such services which is in proportion to what services have been performed until you cancelled, in comparison with the full coverage of the contract. You agree to pay such amount on demand, and you agree that that we may deduct such amount from any refund which we are obliged to make to you.
Genuine returns for Products delivered within the UK Mainland which are returned to us within 30 days and in the same condition in which you received them will not incur additional return delivery charges.
If you need to amend your order, please call us on 020 8939 3800. For any amends to your order, your order will need to be cancelled and replaced with a new order, with delivery timelines working to the date of your new order.
Prior to ordering, please check the dimensions of the Products you are proposing to order to ensure they will fit into your chosen location.
8. Availability and delivery
We normally estimate delivery in around 4-5 weeks for all Products unless advertised otherwise on our website. Please note however that all projected delivery times are, as stated, estimates only and timelines can extend slightly for more remote delivery locations.
We will endeavour to fulfil your order within the estimated time periods stated above unless there are exceptional circumstances. Occasionally a delivery date may be postponed. This may occur for various reasons for example material shortages or higher than anticipated demand for a Product. We will keep you informed if a postponement is necessary and discuss revised timescales with you. We are not liable for any charges you may incur due to delayed or cancelled deliveries.
For Products sent using our delivery carrier service you are required to sign a Proof of Delivery note to acknowledge receipt of the Products. The signature of the person accepting delivery at the delivery address will be proof that you or the person to whom the order is addressed has received delivery and of the condition of the Product at the time of delivery.
For smaller items that we send by parcel courier, there is no obligation to check the Products while the courier is with you. However, you are required to inspect the Products for visible damage within 2 working days of the delivery date and advise us if damage has been found so that we can arrange a replacement or refund. After this time, we will not accept responsibility for any damage reported, given the possibility that damage may have occurred after Products have been delivered.
Products will only be taken to a room of your choice subject to a satisfactory health and safety assessment by our delivery carriers. If the Products cannot be safely put into position, our drivers will offer to leave the Products in a place that is acceptable to you. Our delivery carriers are not responsible for dismantling furniture that you may already have in your room or for cleaning the room after furniture has been installed.
For non UK Mainland deliveries, we can deliver Products to a shipping port of your choice. If you intend to send the Products onward after delivery by us, you or your representative must check that there are no problems with the Products before they are shipped. We will not be held liable for any problems with the Products after you or your representative have accepted the Products from us. Please also note that non-UK Mainland deliveries are non-returnable.
If you order Products for delivery outside the UK Mainland, we strongly recommend you ensure your chosen courier has adequate insurance to cover the costs of your Products in transit. We cannot be held liable for any problems that are incurred once the Products have been shipped overseas.
If you are unable, for whatever reason, to take delivery or allow collection of your Products on the confirmed and agreed delivery/ collection date and/ or time, we reserve the right to charge you 10% of the value of your order for any subsequent deliveries/ collections. If the redelivery date passes the original three weeks free storage period you will also be liable for all storage charges.
If you cancel your confirmed and agreed delivery or collection within 48 working hours of the agreed delivery/ collection date and/ or time we reserve the right to charge you 10% of the value of your order for any subsequent deliveries/ collections.
Once the item is delivered to our warehouse it will be stored free of charge for a maximum of three weeks. After three weeks we charge all customers £10 per item per week. If any storage charges apply to an order no delivery/redelivery date will be booked in until these storage charges are paid in full.
After 8 weeks, if delivery has not occured the order will be cancelled and the balance of monies returned.
Please note in the case of stock/ clearance/ ex-showroom clearance items the three week period commences the next working day from when the order is placed.
Please note in the case of Quick Delivery items (New and Clearance) the three week period commences the next working day from when the order is placed. If any storage charges apply to an order no delivery/redelivery date will be booked in until these storage charges are paid in full.
After 2 months the order will be cancelled and the balance of monies returned.
If we accidentally damage a Product in the course of delivery, then our liability for that damage is limited to the repair, refund or replacement of that Product or for a refund of your purchase price.
We endeavour to ensure that our delivery team are polite and exercise all reasonable skill and care in delivering the Product to you and in its assembly (if required). To the fullest extent permitted by law we shall not be liable to you for any accidental damage to your property or person resulting from delivery of our Products.
9. Risk and title
The Products will be at your risk from the time of delivery to you.
Ownership of the Products will only pass to you when we have received payment in full of all sums due in respect of the Products.
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. These prices will be subject to any promotional offer or discount where applicable, include VAT at the prevailing rate.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Products correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Products correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Acceptance Confirmation. Payment for all Products must be by credit, debit or American Express card. We accept payment by all major credit, debit and American Express cards. We take full payment for the whole price and all other charges when you place your order and we are not obliged to process your order, produce or dispatch any products, provide any services, or procure any third party warranties, until payment in full has been received by us.
11. Our refunds policy
When you return a Product to us:
- because you have cancelled the Contract between us within the 30 day period (as specified above under our ‘Cancellation and Amendments of Orders’ Policy), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation and/or returned the Product(s). In this case, we will refund the price of the Product in full and we will arrange for collection of the Product at our cost. If we are unable to collect the Products at the agreed time due to your actions, we reserve the right to make a charge for any subsequent collection of the Products for 10% of the value of your order. Products must be returned to us in a saleable condition and we reserve the right to make a reasonable deduction from the amount refunded to you if there are signs of wear and/or damage to the Products. In addition, we reserve the right to make a reasonable deduction from the amount refunded to you for any outstanding payments for any third party protection or warranty.
- for any other reason (for instance because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time (please note where we reasonably believe a defect was caused by you this may affect the amount of your refund). We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product.
Mattresses must be returned and unused and still in their original, sealed packaging due to hygiene reasons.
For bespoke items, you may still cancel within the 30 days however a restocking fee of 55% will be deducted from your refund.
We will refund any money received from you using the same method originally used by you to pay for your purchase.
12. Our manufacturer’s warranty
We warrant to you that any Product purchased from us through our site will, on delivery, and for the following 12 months, conform in all material respects with its description, be of satisfactory quality and be reasonably fit for all the purposes for which Products of that kind are commonly supplied.
13. Our wood frame guarantee
In addition to your legal consumer rights all our Products (except the Appley Range) carry a 25 year guarantee against structural damage to the frame as a result of warpage and/or breakage.
In the event of a claim under this guarantee being made against your Product the following will apply: We will require proof of purchase; if you have had the items for less than 6 months we will either arrange a visit to inspect the Products or arrange for collection of your Product at our cost and will carry out an inspection. If there is a genuine fault with the Product that is due to faulty workmanship, we will either repair the Product or provide you with a replacement. In the event of a replacement, you may select an alternative Product but you will be liable to pay any difference in price.
The guarantee may not be transferred.
The guarantee does not cover fair wear and tear, neglect, abuse or misuse of your Product, loss or damage (including rusting and corrosion) due to unreasonable exposure to water or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, or theft, or accidental damage or loss caused by a third party.
We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged or wrongly delivered Products, over and above the value of the Products themselves. This does not affect your statutory rights.
The guarantee is limited to upholstered Products sold and retained in the UK Mainland, and used solely for private and domestic purposes.
14. Claims under our manufacturer’s warranty or our wood frame guarantee
If you wish to make a claim please contact us on 020 8939 3800 or email [email protected]. We will endeavour to repair the defective Products 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.
15. Our liability
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased. This does not include or limit in any way our liability:
For death or personal injury caused by our negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
There can be slight variations between fabric batches. The most common variation is that of colour – though the actual variation is often almost negligible or very slight. Whilst we guarantee to make all 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 due to 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 also cannot accept any responsibility for fading or discolouration due to exposure or contact with any chemicals sprayed nearby or applied directly.
17. Fabric samples
You can obtain up to 8 free fabric samples from us through the order process prior to ordering our Products to enable you to visualise what the fabric will look like. While we try to ensure that the Products are as similar as possible to those displayed online and to the fabric samples you receive there may be natural variations.
If you require additional or further fabric samples, we reserve the right to make a charge.
18. Import duties and local laws
If you order Products from our site for delivery outside the UK Mainland, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
19. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Willow and Hall Limited by email to [email protected] or by post to Willow & Hall Ltd, Regal House, 70 London Road, Twickenham, TW1 3QS. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in our ‘Written Communications’ Policy. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
21. Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assignors.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
22. Use of the website
You warrant that the Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to the Personal Information by e-mail. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of our website shall remain at all times vested in us and is only available for personal non-commercial use. Any other use of the material and content of the website is strictly prohibited.
Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk. You will be solely responsible for any damage to your own computer systems or loss of data that results from the download of such materials.
We control and operate the website from within England. Accordingly the laws of England and Wales govern claims relating to, including the use of the website and the materials contained therein. If you choose to access our website from outside England and Wales you do so on your own initiative and you hereby agree that in the event of a dispute between Willow and Hall Ltd and you the laws of England and Wales will apply at all times.
23. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with our ‘Written Communications’ Policy.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
26. Entire agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is set out in these terms and conditions or the documents referred to in them.
Each of us agrees that our only liability in respect of those representation and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
Nothing in this paragraph limits or excludes any liability for fraud.
27. Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 14 days of receipt by you of the Products).
28. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising from, or related to such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
29. Current offers and competitions
- Summer Sale: 10% off all sofas and sofa beds, plus free nationwide delivery
- Valid from 1 August 2018 (00.01) to 20 August 2018 (23.59)
- 10% off selected items as denoted by “SUMMER SALE: 10% OFF AT CHECKOUT”
- Extra 10% off selected items as denoted by “SUMMER SALE: EXTRA 10% OFF AT CHECKOUT”
August In-Stock Sale:
- Valid from 01 August 2018 (00.01) to 20 August 2018 (23.59)
- Discount already applied before checkout
- Up to 50% discount on selected In-Stock Items
- Discount applied is displayed for each item within the sale
- All items in August In-Stock Sale come with free nationwide delivery
- Sale only applicable whilst stock lasts