Cort Furniture Retail Sales Terms and Conditions for all sales of new and ex-rental product purchased via web, telephone & in-store sales
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1. Our terms
2. Information about us and how to contact us
2.1 Who we are. We are Cort Business Services UK Limited a company in England and Wales. Our company registration number is 06448915 and our registered office is at 28 Barwell Business Park, Leatherhead Road, Chessington, KT9 2NY. Our registered VAT number is 923706625.
2.2 How to contact us. You can contact us by telephoning us at 020 8879 5925 or by emailing us at email@example.com or writing to ‘Cort Furniture c/o Roomservice by Cort’ at our registered office.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we tell you that we are able to provide you with the product, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK.
4. Our products
4.1 Products may vary slightly from their pictures. Any images of the products on our website are for illustrative purposes only.
4.2 Availability of products. All our products are subject to limited availability. We cannot guarantee that we will be able to replace an item.
5. Providing the products
5.1 Collection by you. If you are collecting the products from our premises, we will let you know when your order is ready. We are open 9am to 6pm on weekdays, 10am to 5.30pm on Saturdays and 11am to 4pm on Sundays and Bank Holidays.
5.2 Delivery costs. If we agree to deliver the products to you, the costs of delivery will be as told to you during the order process.
5.3 When we will provide the products. We will deliver it to you as soon as possible and in any event within 30 days after the day on which we accept your order.
5.4 We are not responsible for delays outside our control. If our delivery of the products 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 for any products you have paid for but not received.
5.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will contact you to rearrange delivery. We will make an additional charge for re-arranging delivery if you were not at home at the agreed time for delivery.
5.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 7.2 will apply.
5.7 Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the agreed date for delivery then you may treat the contract as at an end straight away if we have refused to deliver the products; or delivery by the agreed time was essential (taking into account all the relevant circumstances).
5.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 5.7, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
5.9 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us, to a carrier organised by you, or you collect it from us. We will ask a person over 18 to acknowledge delivery.
5.10 When you own the products. You own the products once you have collected them or we have delivered them to you.
6. Your rights to end the contract
6.1 You can always end the contract for supply of a product before it has been delivered and paid for. You may contact us to end your contract for a product at any time before we have delivered it and you have paid for it, but in some circumstances we may charge you for doing this, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 8, “If there is a problem with the products”).
6.2 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
(a) we have told you about an error in the price ordescription of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products maybe significantly delayed because of events outside our control;
(c) you have a legal right to end the contract because of something we have done wrong (but see clause 5.8 in relation to your rights to end the contract if we deliver late.
6.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 6.2, then the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract. You may only do this within 14 days of the date of delivery.
6.4 Returning products after ending the contract. If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances you must pay the costs of return.
7. Our rights to end the contract
7.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if (a) you do not make any payment to us; or (b) you do not, within a reasonable time (30 days), allow us to deliver the products to you or collect them from us.
7.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 7.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
7.3 We may withdraw the product. We may write to you to let you know that we are unable to provide the product. We will refund any sums you have paid in advance for products which will not be provided.
8. If there is a problem with the product
8.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. Alternatively, please speak to one of our staff in-store.
8.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
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:
- up to 30 days: if your goods are faulty, then you can get an immediate refund.
- up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
All our goods are second-hand. We are not liable for defects:
- which we have specifically drawn to your attention; or
- or which are reasonably apparent from an examination of the products.
8.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products because are not what you ordered or they are not in a satisfactory condition, you must either return them in person to where you bought them or allow us to collect them from you. We will pay the costs of postage or collection.
8.4 Your right to change your mind. We, Cort Business Services UK Limited of 28 Barwell Business Park, Leatherhead Road, CHESSINGTON, KT9 2NY, offer the following guarantee which is in addition to your legal rights (as described in clause 8.2) and does not affect them. If you change your mind about a product either before it is delivered or within 14 days of receiving it, please contact us to arrange for a full refund. If you have received the unwanted product you must return it to us at your own expense. All returned goods need to be returned in their original condition. This guarantee is only offered to consumers resident in the UK.
9. Price and payment
9.1 Where to find the price for the product. The price of the product (which includes VAT) will be the showroom or website price (whichever is the lower) unless we have agreed another price in writing. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 9.2 for what happens if we discover an error in the price of the product you order.
9.2 What happens if we got the price wrong. It is always possible that some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mis-pricing, we may terminate the contract, refund you any sums you have paid and require you to return the product at our expense.
9.3 When you must pay and how you must pay. We accept payment with Visa, Mastercard and American Express credit and debit cards and bank transfer. You must pay for the products (including delivery) before we dispatch them unless you hold a corporate account (in which case normal account terms apply). You will receive a separate receipt if a credit/debit card payment is taken.
10. Our responsibility for loss suffered by you
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods, as summarised at clause 8.2; and for defective products under the Consumer Protection Act 1987
10.3 We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. How we may use your personal information
12. Other important terms
12.1 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 8.4 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end this contract or make any changes to these terms.
12.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.3 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
12.4 If you make a complaint directly to us and after we have provided a final response to your claim, you are unhappy with the outcome, you can refer your complaint to Consumer Arbitration. Consumer Arbitration is approved by the CTSI to provide dispute resolution services and an independent view of your complaint under the Alternative Dispute Resolution (ADR) for Consumer Disputes (Competent Authorities and Information) Regulations 2015. You will need to refer your complaint to them within 12 months of receiving this correspondence.
For further information or to submit your complaint to Consumer Arbitration:
Please visit www.consumerarbitration.co.uk. Alternatively, your complaint can be addressed to:
Cort Business Services UK Ltd is a subscriber to the services of Consumer Arbitration and is therefore willing to submit itself to its ADR procedure.
12 –14 Walker Avenue,
Stratford Office Village,
The cost of arbitration depends on the value of your claim. Please see below.
The fees from June 2018:
£1.00 – £750 = £10.00
£751 – £25,000.00 = £25.00
To proceed with arbitration. Toensure that arbitration is truly impartial of Cort Business Services UK Ltd, youwill need to complete an online application and upload the evidence you wishthe arbitrator to review.
Completing and submitting the form. Please be aware that applying online will be your final opportunity to add any evidence to your case if you feel the information should be included as part of your claim.
What happens next? Once submitted, Consumer Arbitration will acknowledge your application form and request our defence. We will have 21 days to provide it. Please note that the arbitration fee is payable at the time of application and is non-refundable should you reach agreement prior to an award being issued.