The Loving Chair Company

CONDITIONS OF USE

Our website is owned and operated by Walabout Limited, a company incorporated in Jersey with registered number 60667 and whose registered address is Le Douet, La Grande Route De St. Jean, St. John, Jersey, JE3 4FN

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these website terms at any time without further notice. If we do this, we will post the changes to these website terms on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the website after any such changes constitutes your acceptance of the new website terms. It is your responsibility to regularly check the website to determine if there have been changes to these website terms and to review such changes. 

Please take the time to read these terms as it is important for both of us that you understand our contractual relationship both relating to your use of our website and the services we provide you. These Terms are subject to the laws and exclusive jurisdiction of the Island of Jersey, Channel Islands.

Description of products 

All products available for purchase are described on their specific product page on our website. We always try to represent as accurately as possible every characteristic of the products via photography. 

Although antique or vintage items may be sold as newly upholstered or restored there may be some wear and tear on them due to their age.

We have a policy of continuous product development so we can provide you with what we consider the best design at the best price, and thus reserve the right to amend the specifications of products, their price, packaging and any service associated at any time, without prior notice. Before ordering, we thus invite you to have a close look at the product description and characteristics: we choose them with care in order to provide you with the best offer, but every product is unique and you have to make it yours. 

We do our best efforts to provide you with the best images and description, but unfortunately cannot guarantee that colours and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate. 

Even if not always mentioned, some self-assembly may be required on certain products. 

Sales

Your contract for purchases made through the website is with Walabout Limited, and you undertake that any and all goods ordered by you are for your own private and domestic use only.

No contract for the sale of any product will subsist between you and TLC until TLC  confirms the order by a confirmation email. This confirmation e-mail amounts to an acceptance by TLC of your offer to buy goods from TLC or a third party supplier that is engaged on your behalf by TLC (whether or not you receive that e-mail).

All bespoke fabric and/or furniture (designed to your specification) is made especially for you: it is not held in stock. Our very specific made to order model means that the purchased products are made after the order has been placed. This is our very personal way of bringing you unique and bespoke products.  

Fabrics - All our designs are permanently archived on computer ready to print and deliver, usually within 5 to 6 weeks.

Bespoke furniture - for furniture that is upholstered to order, we aim to deliver within 10 to 12 weeks. If the product is a gift or you need it delivered for a particular date then please let us know and we will do our best to fit in with your timescales.

If an order is delayed or is unable to be placed for any reason (cloth for fabric design to be printed not in stock, digital printing process trouble, quality control issue, or other quality or manufacturing issues), we would do our best to notify you, your order would be cancelled and you would be reimbursed in full. 

Prices

All prices are in pounds sterling (£), and are payable in pounds sterling (£), plus any applicable taxes. These do not include any delivery costs in the UK & Ireland, or possible special or extra charge. These additional prices will be added upon checkout before making payment and appear in your order page. 

If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. 

Purchase of products

You must have a unique email address to use our website. You agree that e-mail can be used as a long-distance means of communication, and you agree all notices made via e-mail satisfy any legal requirements that such notices be made in writing.

In order to purchase our products you must go through the registration process. On completion of registration, you must choose a password. You are responsible for all actions taken under your unique email address and password and shall only use the website under your own email address and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your email address to anyone, nor permit, either directly or indirectly, anyone to use your email address or password.

If there are any changes to the details supplied by you it is your responsibility to inform TLC as soon as possible.

Your order represents an offer to us to purchase a product which is accepted by us once we have confirmed the order to you by confirmatory email.This confirmatory e-mail will contain all relevant statutory Information concerning your contract. 

Any products on the same order which we have not confirmed in the order confirmation email do not form part of that contract. TLC shall under no circumstances be held liable for any special losses to specific circumstances of the customer, indirect or consequential losses or for loss of profits, damage or property, or wasted expenditure. 

You must check that the details on this order confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it. It is your responsibility to ensure you are able to receive e-mails from TLC. We recommend you add TLC to your ‘safe sender’ list, and check that your online security software does not block e-mails from us. In the unlikely event you do have any difficulty receiving email from us please advise your Internet Service Provider who should be able to assist you further.

Orders are placed and received via the Internet and processed by Walabout Limited. 

Before ordering from us, it is your responsibility to check and determine your full ability to receive the products. This includes ensuring that the product ordered will pass freely into your room of choice, and that they fit in that room, can be transported through the front door of your residence, stairs and doorways, and any other issues that could make the delivery more complicated or impossible to process. Up-to-date mobile telephone number and e-mail address are absolutely necessary to ensure successful delivery of your item. 

All information asked on the checkout page must be filled in precisely and accurately. We will not be responsible for missed delivery because of wrong delivery address or an inappropriate phone number. All additional charges or costs due to delivery complications or missed delivery would thus be added to your order invoice. 

You have the possibility to cancel your order for “in stock items” anytime before you receive a dispatch confirmatory email. We would then refund you the amount paid for the product. Cancellations made after that time will need to be made at the time of delivery, via a refusal of delivery and you will be liable for both delivery costs and collection costs (see below). 

Bespoke products that are made especially for you may not be cancelled, either before or after delivery. 

Would you like to ask for a change in the delivery address, notify change in a phone number or any other special requirements, please contact us. Any change to the order contract will have to be approved by Walabout Limited before any confirmation. We would then advise you if this can be done and what would be the changes and possible additional costs.

Payment

To ensure that your credit, debit or charge card is not being used without your consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases including registered Credit Reference agencies and fraud prevention agencies, who may keep a record of that information. By accepting these terms and conditions you consent to such checks being made. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998.

You undertake that all details you provide to TLC for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.

Your debit or credit card is charged for the whole amount of the order when the order is created. TLC uses Worldpay to process all financial transactions. 

A credit, debit or charge card and necessary information is needed for payment. All orders are paid only through cards issued by companies listed on the payment page.

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or by reason of unwinding or suspending any transaction after processing has begun. 

Return Policy & Procedures

We hope you will be very happy with the product you have ordered from us and that our products will make a difference to your home. However if for any reason you are not, please follow the following instructions for returning items. 

If for any reason you wish to return your purchase you must notify us by sending an email to returns@thelovingchaircompany.com with the order reference number, a quick explanation of the reason why you wish to return the product, and any detail you consider important. We usually answer emails within three working days. We will then contact you to explain all the necessary procedures.

How to proceed to a return?

Please open and check your order the day of receiving it and inform us of any transit damage problems immediately. All items and parts of items must be checked for any damage prior to assembly. It is your right and responsibility to check that your delivered products have arrived in perfect condition, before signing the delivery form. 

Kindly note that, although antique or vintage items may be sold as newly upholstered or restored they may have some wear and tear on them due to their age, this does not constitute defects or damage.

If the delivered item does not fit your order, is damaged or incorrectly supplied, please contact us as soon as possible to arrange a refund or replacement. TLC must be notified of damages within 24 hours of delivery. We will ask you to send us a photo of the damage for our records and to assist us in taking appropriate action. We will require you to return the item with care. Please include your customer order details with the package, as these are necessary for processing a return. Once received, the items will be checked and we will contact you to advise you of the possible replacement or refund. 

Concerning unwanted goods, if you change your mind for any reason and you wish to return your purchase you must notify us within 7 days of receipt by sending the notice of cancellation by email to returns@thelovingchaircompany.com ensuring that you quote your name, address and order reference number . You have a duty of care for the product during the cancellation period, which includes it being sent back in the original, unmarked and undamaged packaging, or in a good enough quality transport packaging in order to avoid any damage during the transport back to us. Items must not have been used or assembled in any way. 

Once you have contacted us, we will provide you with a returns authorisation number along with details on how and where to send your item. Wrap the item securely and include the original invoice along with your returns authorisation number. You must ensure that the goods are packaged adequately to protect against damage. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.

Products made to your specification or otherwise personalised are excluded from the right to cancel. 

We will refund your credit card once we have received and processed the item as soon as possible. You will be liable for any charges incurred in returning the goods to TLC or if you fail to return goods you will be liable for any charges incurred in relation to attempts to collect the goods. We do not accept responsibility for items lost or damaged in transit.

Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice. We will not be liable if for any reason our website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us. You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them. 

You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any feedback, ratings or reviews posted by you on the website, including the violation of their privacy or intellectual property rights.

You grant TLC and its affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you. We reserve the right to publish, edit or remove any reviews without notifying you.

Commentary and other materials posted on our website are not intended to amount to definitive advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents. 

We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.

- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. 

- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. 

- This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law. 

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it. 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

You must not establish a link from any website that is not owned by you. Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our content standards. 

Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

Every purchase you make shall be deemed as being performed in Jersey. Jersey law shall govern every aspect of contractual agreement concerning purchases made from the website.

If your delivery address is outside of Jersey, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; TLC advises each customer to contact their local customs office for further information.

Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

We use a number of third party delivery agents to ensure your orders are delivered to you as quickly as possible. Any losses after the item has been dispatched from our website must be reported to us.

We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.

In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the website shall be owned by us absolutely.

Subject to the licence granted to you to use the website, TLC reserves all rights, title and interest in its Intellectual Property Rights in the website. Any goodwill accruing from use of TLC and its affiliates’ trade marks, trade and business names and service marks under this Agreement will vest in TLC and its affiliates, as appropriate.