Terms & Conditions of Sale

01 Who we are

This website is operated by Homart, the trading name of Homart Limited, a company registered in England and Wales under company number 15257354.

In these terms, “we”, “us” and “our” mean the company above. “You” and “your” mean the person placing the order.

02 About these terms

These are the terms on which we sell goods to you. They apply to every order placed through this website, by telephone, or by email with a member of our team.

They should be read alongside our Returns & Refunds Policy, Delivery Policy and Privacy Policy, which forms part of the contract.

We may amend these terms from time to time. The version that applies to your order is the version published on this website at the moment you place it. We keep dated copies and will send you the applicable version on request.

03 How a contract is formed

1. You place an order by completing checkout. Placing an order is an offer to buy, not an acceptance of one.
2. We send an order acknowledgement by email. This confirms we have received your order; it is not acceptance of it.
3. A contract comes into existence only when we send you a dispatch confirmation, or — for made-to-order pieces — a production confirmation. At that point we will have taken payment.
4. If we cannot accept your order we will tell you promptly and refund any sum paid in full. This may happen where an item is out of stock, where we have identified a pricing or description error, where we cannot deliver to your address, or where a credit or fraud check is not passed.

We will allocate an order number to your order and quote it in correspondence. Please have it to hand when you contact us.

04 Our products

Photographs and swatches are as accurate as photography and your screen allow, but colours and textures may vary from the item you receive. We post fabric, leather and finish samples free of charge and recommend you order them before committing to an upholstered piece.

• Timber, leather, marble, stone and natural fibres carry variation in grain, tone, veining and marking. This is a characteristic of the material, not a fault.
• Dimensions are given to the nearest centimetre and may vary by up to 2 cm on upholstered items as the filling settles.
• Solid timber moves with humidity and temperature. Small seasonal movement in a panel or a door is expected and not a defect.
• We may make minor technical changes to a product to reflect improvements or changes in regulation, provided they do not materially affect its use.

Please check that a piece will fit through your doors, stairwells and lift before you order. Our product pages give the smallest opening each item can pass through.

05 Price and payment

Prices are shown in GBP and include VAT at the prevailing rate where applicable. Delivery is charged separately and shown in full at checkout before you pay; delivery is free on orders over £750.

We take payment when we accept your order. For made-to-order items we take payment in full at the point of production confirmation, because manufacture begins immediately.

If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay unless you have already paid in full.

We accept the payment methods shown at checkout. Card payments are processed by our payment provider; we do not store your full card details on our systems.

06 Delivery, risk and ownership

Delivery arrangements, lead times and charges are set out in full in our Delivery Policy, which forms part of this contract.

Typical lead times are 3–6 weeks for made-to-order pieces, 5–7 working days for stocked lines. Lead times are estimates. Where delivery is delayed by an event outside our control we will tell you as soon as we can and take reasonable steps to reduce the effect of the delay.

Unless we agree otherwise in writing, we will deliver within 30 days of the date the contract is formed. If we miss that deadline, and delivery within it was essential (or you told us before ordering that it was), you may treat the contract as at an end and we will refund you in full.

• Goods are at your risk from the moment they are delivered to the address you gave us.
• You own the goods once we have received payment in full.
• If nobody is available to take delivery on an agreed slot, we will leave a note and contact you to rebook. A failed delivery caused by no one being present may attract a re-delivery charge, which we will tell you about before we re-attempt.
• If, after repeated attempts, we cannot deliver and you do not collect the goods, we may end the contract and charge our reasonable storage and re-stocking costs.

07 Your right to cancel

The statutory right to cancel does not apply to goods made to your specification or clearly personalised — for example upholstery in a fabric you chose from our made-to-order range, or a table cut to a bespoke size. We will tell you clearly, before you pay, when an item falls into that category.

You may also end the contract at any time if we have told you about a forthcoming change to the product or these terms that you do not agree to, if we have told you about an error in the price or description of what you ordered, if there is a risk that supply will be significantly delayed because of events outside our control, or if you have a legal right to end it because of something we have done wrong.

08 If something is wrong with your goods

We are under a legal duty to supply goods that conform to this contract. Nothing in these terms affects your rights under the Consumer Rights Act 2015.

In summary, and as a guide only:

• Goods must be as described, fit for purpose and of satisfactory quality.
• If a fault appears within 30 days of delivery, you have a short-term right to reject the goods and get a full refund.
• Up to six months after delivery, if the goods cannot be repaired or replaced, you are entitled to a full refund in most cases. A fault appearing in that period is presumed to have been present at delivery unless we can show otherwise.
• Up to six years after delivery (five years in Scotland), if the goods do not last a reasonable length of time you may be entitled to some money back.

Separately, and in addition to your legal rights, we give a 2-year guarantee on frames, mechanisms and finishes — see our Product Guarantee.

To report a fault, email support@homartuk.com or call +44 7868 375682 with your order number and photographs of the problem. We will normally respond within one working day.

09 Our right to end the contract

We may end the contract for a product at any time by writing to you if:

• you do not make any payment when it is due and you still do not make payment within seven days of us reminding you;
• you do not, within a reasonable time of us asking for it, give us information that is necessary for us to supply the goods — for example access arrangements or accurate delivery details;
• you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us; or
• a member of our team is subjected to abuse or threatening behaviour, or is asked to work in conditions that are unsafe.

If we end the contract in any of those situations we will refund money you have paid in advance for goods we have not provided, but we may deduct or charge reasonable compensation for the net costs we incur as a result.

10 Our responsibility for loss or damage

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable.

We do not exclude or limit our liability in any way 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; and under section 2(3) of the Consumer Protection Act 1987.

We are not liable for business losses. We supply goods for domestic and private use. If you use them for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are responsible for damage caused to your property by our delivery team while carrying out a delivery, provided you report it to us within 48 hours of the delivery with photographs. We ask you to move fragile items and to tell us in advance about tight access.

11 Complaints and disputes

If something has gone wrong, please tell us first — most problems are resolved quickly. Email support@homartuk.com or write to us at 30 Uphall Road, Ilford, England, IG1 2JF. We aim to acknowledge every complaint within two working days and to resolve it within fourteen.

If we cannot resolve matters between us, you may be able to refer the dispute to an approved alternative dispute resolution (ADR) provider under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. We will tell you, in writing, which ADR scheme we are willing to use once our internal complaints process is exhausted. Using ADR is voluntary for both parties and does not affect your right to take the matter to court.

You can also get free, impartial advice from Citizens Advice on 0808 223 1133 or at citizensadvice.org.uk.

12 Other important terms

• We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and will make sure the transfer does not affect your rights under the contract.
• You may only transfer your rights or obligations under these terms to another person if we agree in writing. We may transfer the benefit of our guarantee to a person who has acquired the product, provided we are given reasonable evidence of the transfer.
• This contract is between you and us. No other person has any rights to enforce any of its terms.
• Each paragraph of these terms operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining paragraphs will remain in full force and effect.
• If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.
• 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 either the Scottish or the English courts, and if you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.