Terms and Conditions
The following Terms and Conditions governs your use of our website. Your use of the website will automatically constitute your agreement to be legally bound by the terms and conditions set out here so it is very important that you read them thoroughly and agree before proceeding to use or purchase from our website. These Terms also govern your use or purchase of the products or services provided by Swealthy (or partners) to you. We will update our Terms and Conditions regularly, it is therefore essential that each time you use our services, you acknowledge that you have read these Terms and agree that you are legally bound by them. If you do not agree to be bound by these Terms, you must stop the further use of our website, services and products immediately.
- The supplier of the goods under your order is Swealthy. All communications must be made to email@example.com.
- When you order goods from us a contract will be formed when you receive a copy of your email order confirmation. If your order is placed over the telephone, a contract will be formed once you receive an order confirmation.
- If you want to change your order (including the arrangements for delivery or collection), you must contact us immediately as any changes may delay the delivery of your order. To cancel your order or any part, please see section 5 below.
- If you purchase the same goods under two or more orders, we cannot guarantee that the goods supplied will be from the same batch and be an exact colour match.
The following words used in these Terms shall have the following meanings:
“Personal Information” = all data and/or information provided by and about user, including name, address, email address(es), and / or payment information etc,
"Business website" = all websites or platforms on which Swealthy or associated traders provides products and/or services,
"Business User" = all Users of the Business website(s) and services.
"Business Products and Services" = all products and/or services provided directly by us,
“3rd–Parties” include all advertisers, partners and affiliate vendors that are included on, or linked to the business.
2. Your Swealthy Account and Passwords
- You are responsible for the confidentiality and maintenance of your personal account information and password. You accept responsibility for all activities which occur under your account and password. It is important that you keep your personal details and password confidential and secure, if you have any reason to suspect that your password has become known to someone else, has been or is likely to be used without your authorisation you should contact us immediately. Swealthy shall not be liable to any person for any loss or damage as a failure by you to protect your password or account details.
- Swealthy reserves the right to refuse access to the website, terminate personal accounts, amend and remove content and cancel orders (at no cost to you).
- Your account contains all of your personal information and account details (via Shopify e-com platform). You can see and edit any of this information by logging in using your username and password
- You guarantee that when you register with us as a customer all of the information which you provide is true, accurate and up to date. If any of the information provided changes you must inform us immediately by contacting our online service team firstname.lastname@example.org.
- You must not impersonate any other person or entity or use a false name or a name which you do not have authority to use. You must not use the website in any way which will cause or is likely to cause the website to be impaired, damaged or interrupted in any way.
- The price for the goods (including any applicable delivery charges) is as set out in the order confirmation. Extra delivery charges may apply – see section 7.
- You must pay in full for the goods (including any applicable delivery charges) at the time of placing your order.
- Ownership in the goods we supply to you will not pass until we have received all sums due and payable by you for or in connection with the goods, including (where applicable) delivery charges.
- Swealthy is under a legal duty to supply goods that conform to the contract. Where goods are defective or not as described − then please see section 10(Quality) and nothing in this section limits your rights where goods are defective or not as described.
- Where you have ordered your goods by internet, e-mail or telephone, under the Consumer Contract (Information Cancellation and Additional Charges) Regulations you may cancel your order at any time between placing the order and within 14 days after the day the goods come into your possession (or the last item of a multiple order comes into your possession) this does not apply to:
- Items collected in person
- Goods and services where the price is dependent on fluctuations in the financial market, and cannot be controlled by the trader
- Goods made to the customers specification or are clearly personalised
- Goods which are liable to deteriorate or expire rapidly
- Newspapers, periodicals, magazines
- Sealed goods which are not suitable for return due to health protection or hygiene reasons, if unsealed after delivery
- Sealed audio or video recordings or computer software
- Goods that becomes mixed inseparably (according to their nature) with other items after delivery.
- To cancel, email customer services email@example.com
- Please take reasonable care of the goods, we are entitled to deduct an amount from the refund to reflect any loss in value of the goods supplied, if the loss is the result of unnecessary handling of the goods by you.
- Please make it clear when you cancel that you are cancelling under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations.
- Selected upholstery items are made-to-order. These goods are produced only upon the request and confirmation of your order. Any cancellations for made-to-order items will need to be made within 14 days from the date your order was placed, or in accordance with your rights under the Consumer Contract (Information, Cancellation, and Additional Charges) Regulations.
- Cancellation must be by the person who placed the order in writing to firstname.lastname@example.org
- Furniture, upholstery, bulky accessories (e.g. rugs) and mattresses will be delivered by a third party courier. Delivery cost for these items to a UK address is specified at checkout. Most deliveries are made Monday to Saturday between 8am − 9pm. Delivery at this rate is only available to mainland UK. Delivery is available to the Republic of Ireland. Delivery outside of the mainland UK and Republic of Ireland is subject to the availability of our couriers service in the area and cannot be guaranteed.
- Smaller home accessories to UK addresses will be made by a standard parcel courier. Most deliveries will be made Monday to Friday between 8am - 9pm. Delivery cost for these items is specified at checkout. Delivery at these rates is only available to mainland UK. Delivery is available to the Republic of Ireland.
- For Made to Order furniture, we’ll be in touch by text or phone once the finished item has arrived to our warehouse – usually it takes 8-10 weeks (in some cases it could be longer). At that point you can book a convenient delivery slot online or through our Customer Services team – email@example.com.
- Whilst we deliver to most areas in the UK and Ireland, we are unable to guarantee delivery, within our usual lead-times, to certain areas. These include Highlands & Islands, Channel Islands, Isles of Scilly and the Isle of Man. Sorry, but we don't deliver to BFPO addresses, the Orkney Islands and deliveries to the Isle of Man are limited to accessories.
- We cannot accept orders from EU nationals or residents under Geo-blocking.
- Please note if you order Furniture and standard items, you may receive multiple deliveries from our separate delivery services but you will only be charged once, for the delivery of Furniture.
- At the time of placing your Furniture order, you will have been informed of the approximate timescale for contact by our home delivery company regarding your delivery or collection. For a Furniture item that is in stock, we will contact you to arrange an appointment for UK delivery within one week of receiving your order. For an item that is not in stock or that is made-to-order, our home delivery company will contact you to arrange an appointment for UK delivery once we have received that item in our warehouse.
- The Furniture delivery service will deliver to your front door however this is subject to access and Health & Safety guidelines. You must tell us when arranging delivery about any special factors that may result in delivery being more costly and/or taking longer than it otherwise would have, such as parking restrictions, narrow bridges or small entrances.
- Extra charges for delivery may apply in any of the following circumstances:
- If you change the address where your goods are to be delivered at short notice.
- If delivery is more costly and/or takes longer than it otherwise would have because of any special factors that you failed to tell us about.
- If the goods need to be redelivered because of access problems at the delivery address or because the goods would not fit into the area for which they were intended.
- If the goods need to be redelivered because there was no-one at the delivery address aged 18 or over to sign for the goods at the time arranged for delivery.
- If you need to inform us of any special factors regarding your delivery after you have placed and confirmed your order please immediately email firstname.lastname@example.org.
- We will let you know if any extra delivery charges are payable and you must pay these charges before delivery or re-delivery (as appropriate) or, if charged after delivery, within 7 days of receiving notice of such extra delivery charges.
- For our Furniture products, if we attempt to deliver goods to a delivery address but delivery is impossible or impractical, you may contact us with an alternative delivery address and we will redeliver to that alternative UK delivery address. Re-delivery charges may apply. However, if we do not hear from you with a suitable alternative delivery address within 7 days of the attempted delivery, then we may cancel your order, delivery charges and product costs that do not fulfil the above criteria for refund will not be refunded.
- If delivery proves impossible or impractical on 2 or more occasions because of access problems, the goods will not fit into the area for which they are intended or because there was no-one at the delivery address aged 18 or over to sign for the goods at the time arranged for delivery, then we may cancel your order, delivery charges and product costs that do not fulfil the above criteria for refund will not be refunded.
- Occasionally the delivery of your goods may be delayed by circumstances outside our control. If for any reason we are unable to deliver the goods or to have them ready for collection within the original approximate timeframe then we will notify you of the delay and new timeframe as soon as possible.
- If you cannot wait for the goods, you must let us have notice of cancellation from the person who placed the order. If we receive your notice of cancellation as set out above, then you will receive a full refund.
- This request must be e-mailed to email@example.com, however, Swealthy cannot accept any liability for any losses you incur (including loss of earnings) or for compensation for perceived inconvenience that may be suffered due to any delay.
- On delivery of your furniture products, you will be asked to sign for the goods and to inspect any upholstery goods that have been unpacked to ensure you accept them. For this reason you should be present at delivery yourself. However, if you do ask someone else to take delivery for you, then you must make sure that they are aware of what they need to do and are happy to accept the goods on your behalf.
- We will deliver your goods to your front door. Some courier companies will be willing to deliver to a room of your choice but please be aware that Swealthy are not responsible for any loss, damage or occurrence beyond the boundary of your front door and access to a courier is given, by yourself, entirely at your own risk
- Please notify us of obvious defects that are apparent on first inspection of the goods, such as missing parts or damage, within 14 days of delivery and additionally, wherever possible, by describing the defects on the 'proof of delivery' document you are asked to sign.
- For other defects, please notify us as soon as you discover those defects and at the latest within 14 days of delivery.
- You may notify us by e-mail at firstname.lastname@example.org (Information, Cancellation and Additional Charges Regulations, and the Consumer Rights Act are not affected.
- You agree that we (or our appointed agents) may examine and test any goods that are claimed to be defective to establish whether those defects are our responsibility.
- Where we need to send the goods away for examination and testing, then you will permit us (or our agents) to collect the goods from you for that purpose.
- Where defective goods are exchanged, you must allow us to collect the defective goods from you. Please also note that you may have to wait for replacement goods that are non-stock items or are made-to-order.
- For self-assembly goods, it is important that you read the assembly instructions carefully as we cannot accept responsibility for any self-assembly goods that are damaged because instructions were not properly followed.
- Where it cannot otherwise be established that we supplied any goods that are claimed to be defective, for example because sewn-in labels have been removed, then we may require you to produce proof of purchase.
- When we are satisfied that the goods are faulty you will be offered a replacement or full refund of the original purchase price. Nothing in this section affects your statutory rights as a consumer.
- Photography: We strive to take accurate pictures of our products and represent them in a realistic light. Given the differing materials and the way light catches certain fabrics, it is impossible to show every product in every light. Unfortunately, we cannot accept responsibility for goods looking different in your home to the website. If you have any doubt regarding colour, please contact us before ordering and our photography team will do their best to capture some images showing your product in differing light. If you choose to order without requesting this service, you are accepting responsibility that you are happy with colour variance.
- Once you have received confirmation of your order, changes can only be made to your personal details up to the point of your delivery being booked with you. Unless we state otherwise, for most order this will be the point at which you receive confirmation that your order has been received.
- If you wish to make changes to the items ordered, your order may need to be cancelled and a new order placed.
- Both may be completed by contacting our Customer Service team by e-mail at email@example.com
- Changes made to your order after the original confirmation will result in a new approximate time frame for delivery. We will give you an indication of the new approximate time frame once we have confirmed your cancellation and a new order has been placed.
- Please note that for made-to-order items, cancellations can only be made in accordance with your rights under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations.
- To obtain a refund you must take reasonable care of the goods. If you fail to do so we reserve the right to refuse the refund or deduct a charge based on the condition of the goods. We may make a deduction from your refund for any loss in value of any goods if they have been unnecessarily handled by you.
- Refunds cannot be given on Prints which are produced to order unless you have cancelled ahead of your order being made. Although rare, every now and again, a print may arrived damaged in which case we will replace your order (upon proof and return) with a like for like replacement.
- It is not possible to refund or exchange made to measure items or goods made to your specification. This includes but is not limited to ALL printed items and art which are printed only to order unless you cancel in accordance with your rights under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations or they are faulty or not as described in which case we may ask to review the goods through an independent inspection before a refund is given. Your consumer rights are not affected.
- To return items purchased through our website, for large furniture items (such as sofas and dining tables) we will make arrangements for the goods to be collected from you, at your cost. Our home delivery company will contact you directly to book this in with you but please note this will incur a lead time. We will charge return collection charges or deduct this from your refund. For smaller items send via courier, we will contact you with return address and details for you to make arrangements for goods to be returned to us at via your own courier arrangements, at your own cost.
- Goods that have been purchased online cannot be returned directly to our showroom or warehouse.
- For our standard delivery items purchased through our website, you may wish to follow the returns procedure outlined. Unwanted goods may be returned from the UK with no penalty charge under your rights under the Consumer Contract (Information, Cancellation and Additional Charges) Regulations if we are notified within 7 working days of receipt. You remain responsible for delivery fees in both direction.
- Selected upholstery items and all printed products and art are made-to-order. These goods are produced only upon the request and confirmation of your order. Any cancellations for made-to-order items will need to be made in accordance with your rights under Consumer Contract (Information, Cancellation and Additional Charges) Regulations.
- Your refund will be processed as soon as possible and in any event within no more than 14 days of the day after our receipt of the returned goods, or, if the goods have not yet been delivered, within 14 days of the day you gave us notice of cancellation.
- Until the goods are returned to us, you are responsible if the goods are lost, damaged or destroyed. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation we may make a deduction from any refund due to you.
- We will only make a refund using the same method of payment originally used by you to pay for your purchase.
- Orders placed outside of the website and paid for via invoice are subject to a 25% re-stock fee only if the item has been packaged and left the warehouse. Normally this will be within 12 hours of the order being placed unless faster delivery has been requested in which case packaging and dispatch to our customers may be immediate. Please ensure you take all action necessary to ensure size, weight and colour are suitable for purpose before placing your order.
Where the goods were delivered to a third party in the UK and you are unable to return them to us, you may not be entitled to a refund. We will not supply or deliver to shipping agents or to agents who sell on our goods to third parties.
- All goods are subject to availability. If for any reason beyond our control we are unable to supply any goods then you will be offered a full refund or, if available and acceptable to you, substitute goods of equivalent quality and price.
- To get the most out of any goods, you should take care to follow the care instructions. The goods we sell are for consumers for general domestic use only and must be used for the intended purpose. Where products are used for non-domestic purposes we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.
- Our Customer Service team is trained to provide good service. However, no advice can be given about plumbing, electrics, carpentry, kitchen fitting or any similar professions so if you need advice you should obtain it from a qualified expert at your own risk. Please don’t book any fitting or installation services until the goods have been delivered.
- None of our Customer Service team are authorised to advise on whether any goods are suitable for any unusual purpose. If you intend to use the goods for any unusual purpose, then you must make up your own mind about whether the goods are suitable or take advice from a third party.
- Your privacy is very important to us at Swealthy and we are committed to treating your personal data (e.g. your name, telephone number, e-mail address, billing and delivery address, debit and credit card details) with total respect and confidentiality. Our website is hosted via a third party e-commerce platform (Shopify) and as such – by using our website you are agreeing that you have read and agree with the terms, conditions and policies set out by Shopify
- We will not be responsible for any delay in complying or failure to comply with our obligations under these conditions of sale if that delay or failure is due to any circumstances outside our reasonable control including without limitation fire, flood, acts of terrorism or where we are let down by a supplier.
- These conditions of sale are in addition to, and do not affect, your statutory rights as a consumer. They are the only terms and conditions that are applicable to your distance order and take the place of any terms and conditions displayed at the point of sale at any physical Swealthy retail unit.
- You may not transfer your rights under the contract between us to any third party without Swealthy's prior written consent.
- If any term of these conditions of sale is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, then such term will be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
- If you do not comply with these conditions of sale and we take no action in respect of that non-compliance, our right to take action in the same or a similar situation in the future will not be affected.
- In case of any online shopping disputes, please email firstname.lastname@example.org. Please note these contact details are for online queries only.
- These Conditions of Sale and any contract formed in accordance with clause 1 of those Conditions are governed by and construed in accordance with English Law and will be subject to the exclusive jurisdiction of the courts of England and Wales.
- When we refer to "you" and "your" we mean the user of the Website and purchaser of Goods.
- You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Swealthy will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
- You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Swealthy or associated third party providers.
- If you have any questions about the terms and conditions, the Goods or the Website please email us at email@example.com.
- We try to make sure that all information on the Website, including descriptions of the Vouchers, and are accurate and correct at all times. However, mistakes do happen. We will try to resolve all information errors on the website as soon as reasonably possible, and if we reasonably think that such an error has affected your purchase of Goods we will try to let you know. However, because we take these steps we will not be liable to you for any errors on the website.
- Subject to availability. Prices are as displayed in-store and on the website at the time of offer. Offer cannot be used in conjunction with other offers. Offer excludes Home Delivery and gift vouchers.