Terms and Conditions

Please read the terms and conditions as they are important, however if any problem arises we will try to avoid hiding behind the small print. Please note that to avoid any ambiguity these terms take precedence over anything else on this website and can only be varied by written agreement between you and us.

When you place an order you will be asked to confirm that you have read and accept the following Terms and Conditions.

Terms and Conditions of business of Art from the Start Limited trading as occasional-chairs.co.uk and The Occasional Chair Gallery.

1. Interpretation

The definitions and rules of interpretation in this clause apply to this Agreement.

Bespoke Goods: Goods that are made up in a fabric of your choice that is not selected from our website or subject to any Customisation at your request.

Customisation: the alteration of any dimensions, cushion fillings or stitching away from what is stated on our website.

Domestic Purposes: any use at a residential home and not used in connection with the running of any business.

Good(s): any occasional chairs, fabrics, sofas, footstools, or cushions that are advertised on our website.

Product(s): this has the same meaning as Good(s).

Standard Range: any Goods/Products which involve the customer selecting a frame design and fabric from our “Designers Choice” listed on our website.

UK Mainland: this is the island of Great Britain and excludes Northern Ireland and any British islands that are geographically separate.

2. Contract

2.1 These Terms and Conditions of Trading (‘Agreement’) apply to all consumer contracts between Art from the Start Limited (UK Company Number: #5576714) and our subcontractors (‘us/we/our’) and the Customer (‘you/your’) in relation to all sales of goods and services.

2.2 Additional terms and conditions apply to sales made through our Internet Site, as set out below in Clause 10.

2.3 Any order placed with us is not accepted until we have sent order documentation to you via e-mail or via post.

2.4 Any typographical, clerical or other error or omission in any sales literature, quotation, price-list, acceptance of offer, invoice or other document issued by us will be subject to correction without any liability on our part.

3. Product Specifications

3.1 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.

3.2 The chairs and their coverings shown in photographs on this website are for illustrative purposes. 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. Any significant variations will be highlighted.

3.3 We will endeavour to match the colour and texture of the fabric supplied to the samples chosen as accurately as possible, but variations in the colour and texture and pattern may occur. Colour rendering of wood finish is only a guide since there will be natural variation and computer displays and printers cannot always present colours and sheens accurately.

3.4 The measurements of all Products will be as accurate as possible, but are nevertheless approximate. It is your responsibility to ensure that Goods will fit their eventual location and will pass through doors, corridors and stairways in the delivery premises.

4. Fabrics

4.1 Every effort is made to ensure that the Goods we supply correspond as closely as possible to the samples shown to you, but they might not be exactly the same. We regret that no responsibility can be accepted for these slight variations, which all add to the unique features of our Goods including but not limited to the following:

4.2 On fabric the shade and texture may vary slightly from one batch to another and between fabric samples and display fabrics. We will use one batch of fabric across your order but cannot guarantee availability of the same batch for future orders. If you want the fabric on more than one chair to be from the same batch they need to be ordered together.

4.3 Fabric patterns are not matched unless expressly stated otherwise. There is a 3% allowance on alignment.

4.4 References to ‘gold’ and ‘silver’ are, unless stated otherwise, references to the respective colours.

4.5 On certain leather finishes there may be shade variations, and the small blemishes found in the leather are a unique characteristic of a natural material and not a defect or weakness. Scratches and marks may occur through everyday use, and seat covers will mould to body shapes which is a feature of natural leathers.

4.6 Most of our Goods are individually hand finished and therefore there will be some slight differences between batches. Some Goods are hand finished to look distressed. Distressing will vary from one item to another and is a unique design feature and not a defect.

4.7 Due to limitations of colour rendition in print and on electronic displays there may be slight colour variations between images you see and the items they represent.

4.8 All natural materials are affected by sunlight, temperature and humidity and changes may occur and are considered normal. We cannot accept any responsibility for fading or discolouration, due to exposure to direct or indirect sunlight.

4.9 We cannot accept any responsibility for fading or discolouration, due to exposure or contact with any chemicals sprayed nearby or applied directly.

5. Prices

5.1 All prices include VAT, where appropriate, at the prevailing rate.

5.2 We reserve the right to amend agreed prices if there are material changes to taxation or international currency rates.

5.3 Delivery charges will be agreed at the time an order is placed. Additional Delivery Charges may arise dependent upon complexity of delivery if this was not advised to us when you placed your order.

5.4 Administration Charges may arise in a number of circumstances. For example if we are unable to deliver or fit because we cannot gain access as previously agreed. If we have to store Goods because you are not ready to accept delivery on a pre-agreed date we may levy a storage and insurance fee based on the value of items and duration of storage.

6. Payments

6.1 We require payment in full when you place your order. If your payment is cancelled or reversed or if your cheque bounces after your order has been accepted we reserve the right to levy an additional administration fee.

6.2 We will contact you as soon as possible to advise you of your estimated delivery date and at this time the balance of any monies due will be payable. Only once we have received the balance of any monies due in cleared funds, will we be able to confirm your actual delivery date.

6.3 Cheques are only accepted on the basis of being paid on first presentation. A charge of (£35.00) will be made towards bank and administration charges for each cheque returned unpaid for any reason, whether or not the cheque is honoured on re-presentation.

6.4 Should we need to instruct a debt recovery agency or to instigate legal proceedings, you will be liable for any and all costs so incurred.

6.5 We treat fraud as a serious matter and we will pursue any fraudulent activity. We reserve the right to make checks to confirm your identity your address or credit status as we deem fit.

7. Delivery

7.1 For all purchases we will contact you to arrange a delivery date.

7.2 We will deliver your Goods to any UK Mainland address. Delivery charges will be shown when you place your order. Additional delivery charges may apply for certain locations - for instance the Scottish Highlands.

7.3 If you are unable, for whatever reason, to take delivery of your Goods on the confirmed delivery date, we will charge you 10% of the value of your order for any subsequent deliveries.

7.4 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.

7.5 Time of delivery is not of the essence in this Agreement. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any delay due to unforeseen circumstances outside of our reasonable control or delay due to any reasonable rescheduling of delivery.

7.6 Our delivery people will do their best to manoever furniture to its correct location but they will not remove windows or doors to gain access. If windows or doors need to be removed it remains your responsibility to arrange it and to coordinate it with the delivery timetable.

8. Returns and Refunds

8.1 “No Quibble Return Policy” If you have ordered chairs from our Standard Range then, you have the right to return your Goods for refund within 10 days of delivery. This does not affect your statutory rights. You are responsible for returning any Goods or we can arrange collection but you will need to pay for transportation. Goods must be returned to us in an “as-new”condition and in original or equivalent protective packaging and we reserve the right to make reasonable deductions from the amount refunded to you if there are signs of wear and/or damage to the Goods when we receive them. Please contact us before returning Goods.

8.2 You agree that you cannot cancel under Distance Selling Regulations because work will normally start before the end of the usual cancellation period. Note that all Goods that we supply are made to the consumer’s own specification and not sold from stock (with the exception of items listed under Chairs2Go or Clearance Items) and are therefore exempt from cancellation under Distance Selling Regulations.

8.3 The “No Quibble Return Policy” does not apply to Bespoke Goods, Trade, Contract or Bulk Orders and these may not be cancelled by you, either before or after delivery. We have no obligation to take back these Goods, though at our discretion we may do so with the application of a 40% restocking fee.

8.4 In the event that you order Goods and you arrange for them to be shipped to a location outside of the UK Mainland our “No-Quibble Returns Policy” no longer applies.

8.5 The “No Quibble Return Policy” does not apply if you are unable to take delivery or if our delivery people cannot gain access or if the Goods will not fit their eventual location or will not pass through doors, corridors and stairways in the delivery premises. Your responsibility is indicated in para 3.4.

8.6 The “No Quibble Return Policy” does not apply to any Clearance Item purchased and they are sold as seen.

9. Guarantees

9.1 The provisions of this clause apply in addition to your statutory consumer rights in relation to faulty or incorrectly described Goods. These rights are not affected by the guarantee.

9.2 All furniture carries a 5-year frame and construction guarantee against faulty workmanship and/or faulty materials. Cushion fillings and coverings are guaranteed for one year from the date of delivery.

9.3 Guarantees may not be assigned to a third party.

9.4 These guarantees do not cover 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.

9.5 In the event of a claim under guarantee occurring, please contact us in writing.

9.6 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.

9.7 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.

9.8 Our guarantees are limited to Goods sold and retained in the United Kingdom, and used solely for Domestic Purposes.

10. Internet Purchases

10.1 The following terms and conditions in this clause, apply only to purchases made through the Internet.

10.2 We endeavour to display as accurately as possible the colours and styles of our products that appear on the website. However we cannot guarantee that your monitor, display or printer will accurately reflect the colour of the product delivered. We cannot guarantee that your web browser will display our website accurately.

10.3 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.

10.4 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.

10.5 We are entitled to refuse any order placed by you.

10.6 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.

10.7 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. All material on websites under our control is copyright controlled and any material that you download is only available for your own personal research and no other use.

10.8 We control and operate the web site from our offices within England. Accordingly the laws of England & Wales govern claims relating to, including the use of the web site 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 the laws of England and Wales will apply at all times..

11. Privacy Policy

You agree to the terms of our Privacy Policy.

This version updated September 2015.