Terms & Conditions
Consumer, Trade & Press Terms and Conditions of Sale
This page (together with any other web pages or documents referred to on it) tells you the terms and conditions on which we supply the products ("Products") listed on our website www.sweetpeaandwillow.com, www.sweetpeaandwillow.co.uk and www.sweetpeaandwillow.ie ("Website") to you. Please read these terms and conditions carefully before ordering any Products from our Website. Sweetpea & Willow is registered under No.2481305 with the Trade Marks Registry. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Website.
1. Information about us:
1.1. www.sweetpeaandwillow.com, www.sweetpeaandwillow.co.uk and www.sweetpeaandwillow.ie are websites operated by Sweet Pea & Willow London Limited ("we"). We are registered in England and Wales under company number 05737500 and with our registered office at Unit 15 The Metro Centre, Isleworth, Middlesex, TW7 6NJ.
2. Your status:
2.1. By placing an order through our Website, you warrant that:
2.1.1. You are legally capable of entering into binding contracts; and
2.1.2. You are at least 18 years old
3. How the contract is formed between you and us:
3.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched or is ready for collection (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch confirmation.
3.2. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. Consumer rights:
4.1. These terms and conditions only apply if you are dealing with us as a consumer. If you wish to trade with us in the course of your business, please complete a trade application form and return it to us at Unit 15 The Metro Centre, Isleworth, Middlesex, TW7 6NJ or by email to email@example.com
4.2. Where you are contracting as a consumer, you may cancel the Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price you paid for the Products in accordance with our refunds policy (set out in clause 9 below).
4.3. To cancel a Contract, you must inform us in writing, by post to Sweet Pea & Willow London Limited, Unit 15 The Metro Centre, Isleworth, Middlesex, TW7 6NJ or by email to firstname.lastname@example.org You must also return the Product(s) to us straight away, in a new and unused condition and in the original packaging, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession.
4.4. Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
4.5. Consumer and Commercial/Trade clients - Please note that you will not have any right to cancel a Contract for the supply of any Products which are made specifically to your order, for example Products which we have upholstered in the fabric of your choice or products which have been altered in size, colour or design.
5. Descriptions and product information:
5.1. We try to show Products on the Website and in our brochure as accurately as possible. Despite this, slight variations may occur. For example the colour of the Product may vary in accordance with the settings of your computer, monitor, software or printer from the colour of the actual Product you receive.
5.2. All sizes of Products specified on the Website are approximate only. As most of our Products are hand-made, their actual sizes can be up to 2 cm larger or smaller than specified on the Website and we ask you to take account of this when carrying out your measurements and/or considering whether to purchase a particular Product.
6. Availability and delivery:
6.1. Delivery will be made to the address specified when you complete the order. You may alternatively choose, when ordering, to collect your Product(s) from our warehouses in Isleworth TW7 6NJ. These options are available at the time of order and therefore please select either "delivery" or "customer collection".
6.2. We use a variety of delivery methods depending on the size of the Product you order and the speed with which you wish to receive it. For more information on our delivery arrangements and prices, please see our Delivery Guide.
6.3. We aim to fulfil your order by the approximate delivery date provided or within the delivery period set out in the Despatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Despatch Confirmation, unless there are circumstances beyond our control which prevent us from doing so. In the event of our products being held up we shall contact you to let you know if we are having problems getting an item to you by the specified delivery date. No compensation will be offered for late deliveries in any event.
6.4. It is your responsibility to check carefully that the Products you have ordered will fit into your home. You should check the dimensions of the space within which the Product will be placed and allow for the fact that the dimensions specified on the Website are approximate only and may vary by 2 cm either way. You should also measure any doorways, corridors or staircases the Product will have to pass through, including space for manoeuvring and turning. Should a Product that you have ordered from us not fit and you want to return it, you will lose your delivery fee and may need to pay for the return transport of the product back to us. You may also be subject to a restocking fee that shall not exceed 25% of the item value.
6.5. An adult must be available at the delivery address to carefully check the Products and sign and acknowledge their receipt in a safe and satisfactory condition. Any defects to either the product or the property, must be reported immediately to Customer Services on 0345 257 2627 and signed for on the Delivery Note. Financial compensation will not be offered for defective products. We aim to resolve the problem (replace the goods), not financially compensate for defective products.
6.6. As a respected and honest company, Sweetpea & Willow remain in line with health and safety requirements - and due to the prevailing culture of litigation we have to point out that we will NOT be held responsible for any damage to goods and/or property as a result of deliveries beyond the threshold of your property. Once you or a person on your behalf has signed the delivery paperwork we shall, in NO event, be held responsible for any damage to either your property or goods delivered. This decision is final. Please note that items delivered via a staircase and/or upstairs are carried out at the property owners own risk.We hope you understand why we have to state this.
6.7. Once a delivery date and time slot has been agreed with you, should you later need to cancel and re-schedule your delivery for whatever reason, you must inform us by 11am the (business) day before your delivery is due. Should you fail to cancel the delivery by 11am on the business day before your delivery is planned, we reserve the right to charge a second delivery fee to re-schedule your delivery. Should you then for whatever reason choose to cancel your order, we will refund you for the goods (excluding your original delivery charge).
6.8. If you require delivery to be made to an alternate address, i.e. a neighbour, we require your consent in advance via email to include the name and address of the person who will be signing for delivery on your behalf. We will not deliver the goods elsewhere without your prior consent via email.
7. Risk and title:
7.1. The Products will be at your risk of loss or damage from the time of delivery or collection.
7.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges and the delivery/collection note has been signed by you (or your representative).
8. Price and payment:
8.1. The price of any Products will be as quoted on our Website, except in cases of obvious error (for example £0). We reserve the right, in any event, to also cancel and refund any orders we receive which contain Products sold at incorrect prices.
8.2. The prices of the Products include UK VAT at the prevailing rate (currently 20%) but exclude delivery costs. Delivery costs are then added to the total amount due as set out in our Delivery Guide based on your geographic location.
8.3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
8.4. Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5. We are under no obligation to provide the Product(s) to you at the incorrect (lower) price or if priced at £0, even after we have sent you a Despatch Confirmation/Receipt, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing.
8.6. Payment for Products can be made by cheque, BACS transfer, credit or debit card acceptable to us or PayPal.
8.7. Price Promise: We will do our best to match cheaper pricing. Product(s) must however be identical and produced from the same supplier. Products must be offered by comparable busineses (not auction sites and online only businesses!) We reserve the right to decline. Our decision is final in any event.
8.8. Voucher codes: Will expire after one use per customer. To be redeemed by the recipient only. Excludes clearance, sale and trade priced items. Voucher codes are issued as incentives and are not to be used in conjunction with any other offers. We reserve the right, in any event, to refund orders received using voucher codes if necessary. Please ensure voucher codes are used at the time of ordering! We are unable to refund voucher code discounts after orders have been placed. There is no cash alternative. Sweetpea & Willow may withdraw this offer at any time. Our decision is final.
8.9. Gift Vouchers: All gift vouchers expire after 12 months from the purchase date. We do not offer a cash alternative for gift vouchers. Should refunds be necessary then these are presented back to you in the form of a voucher. Expired vouchers will not be accepted in any event. Our decision is final.
9. Our refunds policy:
9.1. When you return a Product to us because you have cancelled the Contract within the statutory seven-day cooling-off period (see clause 4.2 above), once the Product is back with us and has been QC checked, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave us notice of your cancellation. In such a case, we will refund the price of the Product in full, excluding the cost of delivery of the Product. However, you will be responsible for the cost of returning the Product to us or us collecting it from you. We are happy to arrange a collection for you, and we shall discuss a collection charge at the time of enquiry.
9.2. Products cannot be returned to us because they are unsuitable after the seven-day cooling off period referred to above unless we agree. If we agree that a Product may be returned, it must be returned in perfect re-saleable condition and in the original packaging and may also be subject to a re-stocking fee. All returned products will be thoroughly QC checked by our internal warehouse staff to ensure that faults reported match faults visible. Our decision on this is final. Restocking fees shall not exceed 20% of the value of the Products plus any delivery and return costs. Mattresses and Bed Linen - once the packaging has been opened, for reasons of hygiene, we are unable to refund or exchange them unless they are faulty. If you believe a mattress is faulty, we are happy to send out a Hypnos technician to inspect your mattress. Our decision will be final.
9.3. Bespoke products made specifically for you (Both Consumer and Retail//Trade), either in size, colour and/or with fabric changes, will NOT be refunded or cancelled in any event after the initial order has been placed/paid for in full or part. These products are produced specifically for you. If you have any questions or concerns relating to this then please call or email us before placing any orders. Our decision will be final and we hope you understand why we have to highlight this.
9.4. If you believe that any of our Products are of an unsatisfactory quality, please immediately contact Customer Services on 0345 257 2627. Please also send us photographs of any alleged defects so that we may assess the situation.
10. Our liability:
10.1. We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied.
10.2. Our liability for losses you suffer as a result of us breaching the Contract is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching the Contract. Losses are foreseeable where they could be contemplated by you and us at the time the order is accepted by us. No financial compensation will be offered to our customers, in any event, for defective products. We aim to resolve the problem (replace the goods), not financially compensate for defective products.
10.3. This does not include or limit in any way our liability for death or personal injury caused by our negligence or under section 2(3) of the Consumer Protection Act 1987 or for fraud or fraudulent misrepresentation.
10.4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or loss of data however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11. Orders from outside the UK:
11.1. If you order Products from our Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2. All Products are subject to VAT at the applicable UK rate from time to time. Where VAT is not chargeable on the sale, we will reimburse the VAT element of the transaction, after the delivery has taken place, but not any VAT on delivery or other charges.
11.3. If you order Products for delivery outside the UK, you will be advised to take out standard liability insurance. Please refer to our international section on our website for further details. International Enquiries
11.4. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. Written communications:
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Sweetpea & Willow London Limited at Unit 15 The Metro Centre, Isleworth, Middlesex, TW7 6NJ or by email to email@example.com We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. Transfer of rights and obligations:
14.1. You may not transfer or subcontract the Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.2. We reserve the right to transfer, assign, novate or sub-contract the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. Events outside our control:
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). No financial compensation will be offered to our customers, in any event, for lateness of goods received to us which are manufactured overseas. Nor will any financial compensation be offered for defective products. We aim to resolve the problem (replace the goods), not financially compensate for defective products.
15.2. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16. Intellectual Property and limited use of Website material:
16.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content (including but not limited to pictures, designs, logos, photographs, text written and other materials) supplied as part of the Website located at www.sweetpeaandwillow.com, www.sweetpeaandwillow.co.uk and www.sweetpeaandwillow.ie or any subsequently URL which may replace them shall remain at all times vested in us or our licensors.
16.2. All rights reserved. You are permitted to use the Website material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
16.3. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all or the material available on the Website in any form is prohibited save that you may: copy, print (one copy only) or download extracts of the material on the Website for the sole purpose of using the Website in good faith for domestic purposes or placing an order with us; and copy print (one copy only) or download the material on the Website for the purpose of sending to individual third parties for their personal information provided that you do seek no commercial advantage or benefit from so doing and you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.
17.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire agreement:
19.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
20. Our right to vary these terms and conditions:
20.1. We have the right to revise and amend these terms and conditions from time to time.
20.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within sevenworking days of receipt by you of the Products).
21. Law and jurisdiction:
Contracts for the purchase of Products through our Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
22. Press Terms & Conditions:
In registering to use the Services offered by Sweetpea & Willow London Limited www.sweetpeaandwillow.com, www.sweetpeaandwillow.co.uk and www.sweetpeaandwillow.ie
together with the "Website") you, as a Registered User, agree to the following Terms and Conditions which govern your continued use of the Press services:22.1 You warrant and promise that:
22.2 you are a journalist/freelance journalist and that your use of the press services is strictly in pursuit of your occupation as a journalist;
22.3 you will only use the images and content for journalistic purposes and you will not infringe the Intellectual Property Rights of Sweetpea & Willow by using the content in any other way other than in accordance with these Terms and Conditions;
22.4 you will not use the images or content in any way which may prejudice or diminish Sweetpea & Willow's reputation or business;
22.5 you shall at any time, at Sweetpea & Willow's request, provide documentary proof of your status as a journalist or freelance journalist.
23. Termination / Liabilities:
23. Sweetpea & Willow may suspend or terminate your use of the Services immediately if they discover or reasonably suspect that you have breached any of these warranties or any other terms of these Terms and Conditions;
23.1 You will indemnify and keep Sweetpea & Willow indemnified against any Liabilities incurred directly or indirectly related to or resulting from: (i) your use of the images or content (including any of Sweetpea & Willow's Intellectual Property Rights contained therein), the services, the trading name(s) and trade marks; or (ii) any breach of any of these Terms and Conditions.
24. License to use:
24.1 You hereby acknowledge that Sweetpea & Willow own all Intellectual Property Rights and that by you using the Services, no Intellectual Property Rights transfer to you.
You are responsible for verifying the accuracy and completeness of all Sweetpea & Willow content extracted, processed or accessed via the Services (including all connecting websites) and for ensuring compliance with any applicable laws, regulations or codes including, but not limited to responsibility for advice or articles written for members of the public.
26.1 You may stop using the Services at anytime by calling our ‘Customer Services' helpline on +44 (0)845 257 2627.
26.2 You acknowledge that Sweetpea & Willow reserve the right to amend these Terms and Conditions at its sole discretion on providing you with notice of the same.
26.3 These Terms and Conditions shall be governed by and construed in accordance with English law and the parties hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising in relation to these Terms and Conditions.