Although Occasional Chairs may be a new name to you, you can buy from us with complete confidence because we are owned and operated by Art from the Start, an established and reputable York-based interior design company founded in 2007 trading for many years as Fabric Gallery & Interiors.
We are Art from the Start Ltd. trading as Occasional Chairs registered address: Landsvale, High Catton, York YO41 1EH UK. Company Registration #5576714; VAT Registration GB 870 6881 90. We are an established “bricks & mortar” business and not an anonymous or fly-by-night on-line outlet.
Please carefully read these 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 our full printed Terms and Conditions, available on request, take precedence over anything on the 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.
These Terms and Conditions of Trading (‘Agreement’) apply to all consumer contracts between Art from the Start Limited (UK Company Number: #5576714) (also trading as Occasional Chairs and Fabric Gallery and Interiors) and our subcontractors (‘us/we/our’) and the Customer (‘you/your’) in relation to all sales of goods and services. Certain words and phrases have special meanings when used in these Terms and Conditions – these are defined in the ‘Definitions’ section.
When you make a payment, or accept a quotation verbally, by phone or by e-mail, or sign to accept a proposal of ours or when you sign an order form you are entering into a contract with us. Your order will be accepted as soon as we have confirmed your order.
Any order placed with us is not accepted until we have sent order documentation to you via e-mail or via post.
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.
Our acceptance of your order is conditional on the availability of the Goods you have ordered. If any of the Goods you have ordered are unavailable, or should events occur beyond our reasonable control, we reserve the right to cancel your order, delay your order or substitute similar items. In such circumstances we shall let you know and agree the course of action with you as soon as possible.
We reserve the right to refuse any order placed by you.
We will use our best endeavours to supply these Goods within the timescales agreed. As all Goods are bespoke and made to order for you, we can accept no responsibility for delay caused by our suppliers, couriers or other third parties. Although we strive to provide as accurate information as we can, any dates stated on an order or advised by email or verbally should be seen as a guide only and cannot be viewed as the essence of any contract entered into. This does not affect your statutory rights.
Quotations are provided subject to prices pertaining at the date of preparation. We will honour any quotation if accepted within 30 days of such preparation unless otherwise indicated on the quotation. All prices include VAT at the prevailing rate.
We reserve the right to amend agreed prices if there are material changes to taxation or international currency rates.
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.
Administration Surcharges may arise in a number of circumstances. For example if we are unable to deliver because we cannot gain access as previously agreed. We will charge you 10% of the value of your order to cover the cost of subsequent re-delivery. 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 calculated at 2% of the order value per week. Surcharges will need to be paid prior to delivery.
For orders arising online via the Website we will require full cleared payment in advance before we commence work.
We accept cash, bank transfers, cheques and credit and debit cards.
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.
If your card payment is subsequently cancelled or reversed or your cheque bounces we will cancel your order.
Should we need to instruct a debt recovery agency or to instigate legal proceedings, you will be liable for all and any costs so incurred.
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.
When we rely on your measurements we cannot accept responsibility for any inaccurate measurements, descriptions or diagrams provided by you or consequences thereof.
We do not normally undertake work involving material supplied by You since we are unable to guarantee the quality of the finished Goods.
Exceptionally we may accept an order involving Customer’s Own Material at our discretion.
When we use fabric or other material that you provide we do not accept any responsibility for its suitability for the job, including shrinkage, fading, wear, satisfying FR legislation, any faults or blemishes in the fabric, making up and overall design effect. Should your own material be unsuitable you accept that you are still liable for payment for the work undertaken on your instructions and you absolve us and our subcontractors of any liability whatsoever.
We will offer professional design advice but the final decision on choice of style and Goods purchased remains solely yours.
It is your responsibility to ensure that products meet your requirements prior to ordering. You should do this using fabric samples or stock cuttings and you should never rely solely on images on a computer screen.
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. You accept that:
on fabric the shade will inevitably vary slightly from one batch to another and between fabric samples and display fabrics.
fabric patterns are not matched unless expressly stated otherwise. There is a 3% allowance on alignment. Pattern sizes and pattern repetition is subject to normal manufacturing tolerances.
references to ‘gold’ and ‘silver’ are, unless stated otherwise, references to the respective colours.
on 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.
all our Goods are individually hand-made and therefore there will be slight differences between items. 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.
all measurements are approximate, please allow for manufacturing tolerances. 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.
at times it may be necessary to make changes to the specifications of our Goods and we reserve the right to make such changes.
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.
we cannot accept any responsibility for fading or discolouration, due to exposure or contact with any chemicals sprayed nearby or applied directly.
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.
Due to limitations of colour rendition in print and on electronic displays there may be slight colour variations between images and the items they represent.
Please do not rely on web or printed images of a fabric as 2D images cannot always represent colour or sheen accurately and cannot reveal texture or the three dimensional nature of a fabric.
We have used the best techniques to represent various fabrics and finishes on different chairs so that you have the best visualisation possible of the Goods you are ordering. However these are not photographs of the finished Goods because they are bespoke and are yet to be made. You accept that there will be differences between the representation and the finished Goods as part of the natural process of commissioning bespoke Goods.
If colour matching between multiple chairs is required they must be ordered together to ensure that fabric is batch matched.
Where an exact fabric colour match is needed please ask for a “stock cutting” when ordering your chair. Please be aware that samples may not show the whole design, all colours in the pattern or the full pattern repeat.
Our chairs are specified to meet UK fire regulations for Domestic Use namely Furniture and Furnishings (Fire) (Safety) Regulations 1988.
If you are using chairs in a commercial situation it is your responsibility to decide on any required fire treatment and specify this at the time of ordering. We can supply fabrics designed for use in such contract situations. We can arrange for contract fabric treatment where it is practical.
We cannot accept any liability for any changes in the appearance, performance or quality of our fabrics which have been subjected to any kind of treatment.
All our Goods are designed for Domestic Use, unless otherwise agreed prior to and as a condition of sale.
We can supply fabrics and fire treatments suitable for commercial applications such as hotels, care homes, B&B, short term holiday lets.
It is your responsibility to ensure that Goods are cleaned and maintained appropriately since warranty does not extend to Goods that have been mistreated, neglected or damaged by pets or vermin.
Our fabrics are of the highest standards. However, all fabrics will eventually fade. To minimise fading upholstery should be kept out of direct sunlight. Fabrics can shrink or stretch in response to changes in heat, light and humidity and this is considered normal. Fabrics will wear over time and we will use fabrics that have at least sufficient wear resistance for a General Domestic environment.
It is your responsibility to advise us prior to ordering if Goods are going to be used in a high wear environment so that we can advise on fabric and filling selection. Our warranty does not extend to excessive wear.
It is your responsibility to follow all care instructions supplied by us and maintained on the Website. Failure to do so may invalidate warranties.
All of the Goods which we normally supply are classified as “bespoke”. The Goods you order will be made specifically to your order, in accordance with the instructions and specifications you have given us.
It is your sole responsibility to check all details and aspects of your order are correct, and suitable for your requirements, including measurements, fabric choices, finishes, styles, features, site access and delivery.
Once we have started work following your order any changes you make will be subject to additional charges which will have to be paid before any further work proceeds.
There is a 48 hour grace period after we have accepted your order and received payment, during which you can make changes. These changes will be charged at cost.
Beyond this grace period, fabrics may have been ordered & cut, and production will have been initiated. Changes may be possible on a case by case basis but you’ll be responsible for the costs and delays arising. Once production is underway we cannot entertain any changes.
Once an order has been accepted and paid for in full, your order will be progressed. As considerable time and effort will be expended by us, once an order is in progress this contract can only be cancelled at our discretion. A cancellation or re-stocking fee will normally be levied.
You agree that when you order Bespoke or customised Goods you are exempted from a 14 day cancellation period under regulation 28(1)(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This is because we supply Goods that are made to the consumer’s specifications or are clearly personalised as follows:
your choice of fabric sourced by us and cut into multiple pieces to suit the size and model of chair
a handmade wooden frame made specifically for you by our frame makers
custom sized cushioning made from the material of your choice
legs and arms in wood finishes and colours of your choice
and may optionally have
size and comfort adaptions for your height & posture
Stainguard or Easiclean finishes
special fire treatment for commercial applications
extras such as coordinated fabric arm caps
castors, studding, piping or buttoning in material of your choice
If we advise you that Goods are out of stock you can cancel for a full refund if you do not wish to wait or select an alternative.
We will only accept returns for Goods which are defective or which we have incorrectly supplied. At our discretion we will either repair or replace faulty Goods that are within their relevant warranty period. In the event of a warranty claim our liability will not exceed the purchase price.
We aim to deliver to mainland addresses in England, Wales & Scotland. Some locations may be out of reach of our delivery teams and we will decline orders from these locations. We reserve the right to cancel an order if it subsequently becomes apparent that delivery is not possible.
We use our best endeavours to supply our Goods to your requested dates, but we cannot guarantee specific dates due to many factors outside our control such as unavailability of materials or sub-contractors. 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. This does not affect your statutory rights.
Where materials are out of stock we will keep you informed and let you know what options are available with respect to delivery (e.g. wait, re-select, cancellation).
Quotations include the cost of delivery which can be site and location dependent. It is your responsibility to ensure that:
if you have specific delivery arrangements you must advise us in detail when requesting a quote.
goods can be delivered to a secure and weatherproof location as agreed prior to delivery.
access of suitable dimensions is available to your premises that will allow your Goods to be delivered at the agreed time.
obstructions such as other furniture, lamps, household items etc have been cleared to allow smooth and safe access for our delivery team.
someone is available to meet our delivery team and who can inspect and sign for/accept the Goods on arrival
our delivery team are not exposed to dangerous or noxious circumstances e.g unsafe electrics, trip hazards, asbestos etc. If our delivery team feel unsafe they have been instructed to stop work and not put themselves or yourself or your property at risk.
Where we are unable to deliver as agreed we will rearrange delivery. We reserve the right to charge a delivery rescheduling fee if you cancel an agreed and confirmed delivery appointment within 7 working days of the appointment date.
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 to cover the cost of subsequent re-delivery. We will attempt to re-schedule at the earliest mutually convenient time once re-delivery charges have been paid.
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.
Our delivery team will aim to deliver Goods to the room of your choice but if this is not possible we reserve the right to leave in an alternative safe location. They will unwrap the Goods and remove the packaging if the delivery environment is suitable and you wish them to do so.
Our delivery team will photograph delivered Goods as a record of delivery and a record of the condition of the Goods.
We shall not be responsible for delays in completion or failures in delivery caused because we, or our delivery agents, cannot gain access to the delivery address on the agreed delivery date or because of force majeure, industrial dispute, fire, accident or any other circumstances beyond our reasonable control.
The delivery team will not attempt indoor delivery where damage to your home or the goods being delivered may result or where their safety maybe compromised; neither will they remove doors, windows or other fixtures to gain access.
An additional delivery charge may be payable for deliveries above first floor, deliveries requiring more than two delivery crew or other exceptional circumstances. We will advise you of additional delivery charges at the time you place your order or as soon as possible thereafter.
We will not be liable for any delay in, or failure to perform, our obligations under this Agreement where that delay or failure is caused by events or circumstances beyond our reasonable control. These include, without limitation: the unavailability, delay or failure of our frame makers, upholsterers, fabric houses or other suppliers and subcontractors; shortages or delays in the supply of timber, fabric, foam, fillings or other raw materials; acts of God, fire, flood, storm or other extreme weather; epidemic or pandemic; war, terrorism or civil unrest; strikes, industrial action or labour disputes; failure of utilities, transport or communications networks; import, export or customs delays; and any change in law or government action.
Where such an event occurs, we will let you know as soon as reasonably practicable and will use our best endeavours to minimise any delay. If the event continues for a prolonged period, we will discuss and agree with you how best to proceed, which may include rescheduling delivery or, where appropriate, offering an alternative or a refund for any part of your order we are unable to fulfil. Time will not be of the essence during any period affected by such an event.
We will only accept returns for Goods which are defective or which we have incorrectly supplied as a result of our error.
It is your responsibility to check the goods immediately on arrival. Please report any damage, omissions, or errors to us within 3 working days of delivery; this does not affect your statutory rights. Please supply as much detail as possible including photographs.
At our discretion we will either repair or replace or refund faulty Goods.
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.
We cannot accept responsibility for problems that may arise due to poor handling or storage after delivery caused by yourself or third parties. We will refuse to collect or work on any furniture that is in an unsanitary condition (for example caused by pets, chemicals or fluids).
If you feel you need to return any Goods please contact us first.
We carry the risk of loss or damage to the Goods until you receive them. The Goods will belong to you when you have received them and have paid us in full for them and paid any surcharges.
Whilst the risk in the Goods shall pass to you on delivery, the title remains ours until we receive complete payment of all fees due to us including, but not limited to, all pre-agreed charges, additional administration surcharges and late payment interest charges.
If you ask us to store Goods until you are ready to accept them we accept no further liability for loss or damage unless you pay us for a storage service. Goods that remain unpaid, uncollected or unclaimed after you have been informed of their readiness will be disposed of after 3 months in accordance with The Torts (Interference with Goods) Act 1977.
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.
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.
We will endeavour to repair or replace the defective Goods free of charge. If a repair is not possible or cost-effective you will be offered a refund. Refunds will take into account the amount of time that you have had good use of the Goods.
Guarantees may not be assigned to a third party.
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 or damage by animals or boring insects, or theft, or accidental damage or loss caused by a third party.
These guarantees do not extend to Goods that are in an unsanitary condition. We will refuse to handle, inspect or transport any items that may pose a biohazard risk.
In the event of a claim under guarantee occurring, please contact us in writing.
Our guarantees are limited to Goods sold and retained in the United Kingdom, and used solely for Domestic Purposes.
We retain copyright in all designs, drawings, images plans, schedules that we produce as part of our service. You may not reproduce, publish, provide to a third party, or store them in any electronic or other form without our express prior permission. We reserve the right to take photographs of the property or site before, during and after our work and to use them for any purpose related to our business.
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.
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.
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.
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 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 the laws of England and Wales will apply at all times.
In no event will we, our directors, officers, employees, sub-contractors or agents be liable to you for any consequential, incidental, or indirect damages (including damages for loss of business profits, business interruption, loss of business information, and the like). Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for any liability that cannot be excluded by law.
These terms and conditions cannot be varied by you or us unless made in writing and signed by both parties.
If any provision contained in these Terms and Conditions is considered by any court or regulatory authority to be unfair, invalid or unenforceable, that provision will be considered deleted from these Terms and Conditions without affecting the other provisions. The law of England and Wales governs these Terms and Conditions and all disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
In these Conditions:
‘Goods’ means the goods, products and services that are provided by us. It includes any service that comes with any goods;
‘Product(s)’: this has the same meaning as Good(s).
‘we’, ‘us’, ‘our’ means Art From the Start Ltd. also trading as Fabric Gallery and Interiors and Occasional Chairs and our subcontractors
‘you’, ‘your’ means one of our customers.
‘Domestic Use’ any use at a private residential home and not used in connection with the running of any business. It excludes inter alia hotels, care homes, B&B and short term holiday lets.
‘Bespoke’ is an adjective used to describe goods, services, that are custom-made or commissioned to a specific individual’s order or exact specifications. It implies that the item is built from scratch for a particular person or purpose, rather than being bought off the rack.
‘The Website’: means occasional-chairs.co.uk
