Terms & Conditions
1) Terms & Conditions
2) The Electronic Commerce (EC Directive) Regulations 2002 and The Consumer Protection (Distance Selling) Regulations 2000.
3) Data Protection Act 1998 and Privacy
4) Bespoke Terms & Conditions
1. Terms & Conditions
These Terms and Conditions of Trading apply to all consumer contracts between Espoke Living LTD and the Customer (‘you/your’) in relation to all sales of goods and services. Additional terms and conditions apply to sales made through our Internet/Web Site, as set out below in Clause 10.
1.1. Product Specifications
1.1.1 We have a policy of continuous product development and reserve the right to amend the specification of products without prior notice in relation to future sales.
1.1.2 Goods supplied may differ as a consequence from those on display or advertised. Unless agreed with you, the goods supplied will be of equivalent value, functionality and appearance.
1.1.3 Leather goods are made from quality natural leather and accordingly they may not be uniform in colour or texture. Only the finest hides are selected but they will show natural marks and scars on the hide. Some leathers will mellow with age and exposure to sunlight and heat.
1.1.4 We will endeavour to match the colour and texture of the fabric of your sofa to the samples chosen as accurately as possible, but variations in both the colour and texture may occur.
The measurements of all furniture and furnishings made by us will be as accurate as possible, but are nevertheless approximate.
1.3.1 We require payment in full or a deposit if agreed before despatch of goods
1.4.1 For all purchases we will contact you to arrange a delivery date when the furniture has been made.
1.4.2 If you are unable, for whatever reason, to take delivery of your goods on the confirmed delivery date, we may charge fee for subsequent delivery attempts.
1.4.3 If we accidentally damage goods in the course of delivery, then our liability for that damage is limited to the repair, refund or replacement of the goods or the value thereof.
1.4.4 Time of delivery is not of the essence in these Terms and Conditions of Trading. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any reasonable delay or delay due to unforeseen circumstances outside of the reasonable control of Espoke Living LTD or delay due to any reasonable rescheduling of delivery. We endeavour to deliver all Beds, Heaboards, Chairs and Footstools within 4 weeks and all sofas within 6 weeks.
1.4.5 IMPORTANT: Please note that if a delivery time is booked in and there is nobody to meet the driver, we may make a charge for redelivery.
1.5. Returns and Refunds
All our furniture is made specially for you: it is not held in stock. Products that are made specially for you may not be cancelled by you, either before or after delivery. All our furniture with the exception of our sale or clearance items are made to your exact specifications and therefore cannot be cancelled once we have accepted your order. These orders fall outside the Distance selling regulations (2000) which states that personalised goods or goods made to a consumer’s specification are exempt. For all other furniture orders you have the right to cancel the order either before delivery, or within 14 days of delivery. This does not affect your statutory rights.
1.6.1 The provisions of this clause 7 apply in addition to your statutory consumer rights in relation to faulty or misdescribed goods. These rights are not affected by the guarantee.
1.6.2 For the purpose of this clause 7 the guarantor is, Espoke Living Ltd.
1.6.3 All furniture carries a 5 year guarantee against faulty workmanship and/or faulty materials
1.6.4 Guarantees may not be transferred.
1.6.5 These guarantees do not cover fair wear and tear, neglect, abuse or misuse of your goods, loss or damage (including rusting and corrosion) due to unreasonable exposure to water 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.
1.7. Claims Under Guarantee
1.7.1 In the event of a claim under guarantee occurring, please contact us
1.7.2 We will endeavour to repair the defective goods 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.
1.7.3 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 goods, over and above the value of the goods themselves. This does not affect your statutory rights.
1.7.4 Our guarantees are limited to goods sold and retained in the United Kingdom, and used solely for private and domestic purposes.
1.8. Other Services
1.9 Internet/Web Purchases
The following terms and conditions in this clause 10, apply only to purchases made through the Internet/Web
1.9.1 All our non stock furniture is made to your exact specifications and therefore cannot be cancelled once we have accepted your order.
1.9.2 In respect of all other purchasers you have the right to cancel your order up to 14 days after the delivery date. You must keep the product in a saleable condition and retain the original packaging in the condition it was provided.
1.9.3 Should you require a refund or you have any other query or complaint, please contact us
1.9.4 Our head office is 41 New Hall Lane, Preston PR1 5NX United Kingdom.
1.9.5 The following clauses apply to our Internet Site and Internet/Web orders only:
18.104.22.168 We endeavour to display as accurately as possible the colours of our products that appear on the website. However we cannot guarantee that your monitor will accurately reflect the colour of the product delivered.
22.214.171.124 The contract shall not be concluded until we have received your valid credit card charge or debit card payment details and we have accepted the order by way of a confirmation by return e-mail to the address you have given us during the registering procedure and on ordering.
126.96.36.199 Every effort is made to ensure the complete accuracy of our website however some prices/details may change from time to time and it is possible that error may occur. We will use our best endeavours to rectify any errors as swiftly as possible but we cannot be responsible for any losses incurred.
188.8.131.52 We are entitled to refuse any order placed by you.
184.108.40.206 To the maximum extent permissible by law, we exclude all warranties, expressed or implied as to the accuracy of the information contained in any of the materials on the website. We cannot accept any liability for any particular material on the website or as a result of any use or reliance placed upon information contained on the website.
220.127.116.11 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.
1.9.6 The above do not affect your statutory rights.
1.10. Data Protection
1.10.1 Espoke Living LTD is a registered data controller in accordance with the Data Protection Act 1998 (‘the Act’). We process your personal data in accordance with the Act. 1.12 Applicable Law These Terms and Conditions of Trading are governed by and are to be construed in accordance with the laws of The United Kingdom
2. The Regulations
3. Data Protection Act 1998 and Privacy
We understand that many people still worry about submitting personal details on the Internet – especially their credit/debit card numbers. So we’d like to reassure you that any information you provide here will remain safe and secure.
Our safe shopping guarantee Whenever you provide us with personal information, we offer the use of a secure server. The information you send us regarding your purchase will be encrypted. This makes it extremely difficult to read even if it is wrongly intercepted.
We use remarketing with Google Adwords and analytics to display content specific advertisements to visitors that have previously visited our site when those visitors go to other websites that have the Google Display Network implemented.
Protecting your privacy In a few areas of our website we will ask you to provide personal details such as your name and email address. This will only happen when it enables us to provide a better service to you. For example: for your personal order history on our feedback forms.
We do not sell, trade or rent your information to others. You can be sure it will remain confidential and will be used only to help us build a better relationship with you.
4. Bespoke Terms & Conditions
Our bespoke items refer to anything that has been made to your specifications. This includes any item on our site, which has been altered at your request, including changes to the design, fabrics (those not featured on our website), size (if not UK standard), finish or upholstery.
If you request a piece of furniture with bespoke sizes, final dimensions of the finished product will be within 2cm of the requested measurements.
All our non-stock bespoke furniture is made to your exact specifications and therefore cannot be cancelled once we have accepted your order.
Although we aim to deliver any Espoke order as quickly as possible, the delivery time may vary on bespoke items depending on your specifications.
We reserve the right to refuse any bespoke item that we consider to be unsuitable. When you order a bespoke item, you agree to make sure it is safe and suitable for use in all respects.
Espoke owns all bespoke items when we receive them, ownership is then returned to you on delivery and receipt of the bespoke item.
In the process of creating a bespoke piece, particularly if the customer has supplied their own fabric, we may cut condition and dispose of the material as we see fit in the construction of the item. You may submit a written request for all surplus material to be returned to you.
All terms and conditions on bespoke items are in accordance with our general terms and conditions (link).