Terms and Conditions
Please read ALL the Terms and Conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you’re not sure about anything, please email us at info@artifurniture.com
1.0 Application
1.1 These Terms and Conditions will apply to the purchase of services and goods by you (the Customer or Client or you).
1.2 Artur Warda trading as Artifurniture ATcustom of 115 West Street, Bedminster, Bristol, BS3 3PD with email address info@artifurniture.com and phone number 07458307224 (the Supplier, Artifurniture, us or we).
1.3 These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. If you are making a verbal order in store, by making a payment by cash, card or bank transfer to Artifurniture ATcustom you agree to the Terms and Conditions stated below. Acceptance of delivery of the Goods or commencement of the Services shall be deemed to be conclusive evidence of your acceptance of these Conditions.
1.4 To avoid confusion, telephone orders will not be accepted. Changes to orders can only be accepted in writing (email and message).
1.5 By agreeing to these Terms and Conditions you are entering a contract. The Contract continues as long as it takes Artifurniture ATcustom to preform the Services.
2.0 Interpretation
2.1 Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
2.2 Contract means the legally-binding agreement between you and us for the supply of the Services;
2.3 Delivery Location means the Client premises or a different named location where the Services are to be supplied, as set out in the Order;
2.4 Goods mean any goods that we supply to you with the Services, of the number and description as set out in the Order;
2.5 Order means the Customer’s order for the Services from the Supplier as set out in the Customer’s order which is stored in Artifurniture ATcustom’s calendar and in the invoice given to Customer on accepting the Supplier’s quotation or the price of Goods;
2.6 Services mean the services, including Goods, of the number and description set out in the Order (invoice).
3.0 Services
3.1 The description of the Services and any Goods is set out on our website, leaflets and other form of advertisement. For upholstery commissions, this is discussed with the Customer verbally either at a home visit, in our store or communicated through email, text message, What’s App, Facebook Messenger or Instagram Direct Messaging. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied.
3.2 In the case of Services and any Goods made to your special requirements, it is entirely your responsibility to ensure that any information or specification you provide is accurate. This includes any measurements, size options and fabric you choose. It is also your responsibility to inform us of any time sensitive Services you may need and the delivery of any Goods. e.g you require a sofa upholstered or delivered by a certain date. It is also your responsibility to make sure that any Goods will fit through any doorways on delivery.
3.3 All Services are subject to availability.
3.4 We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
4.0 Customer Responsibilities
4.1 You must fully co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premisses under your control as required and provide us with all the information to perform the Services. Delay in doing so, may result in missing your appointment or delivery.
4.1.1 Full co-operation includes but is not limited to the Customer replying in a time efficient manner to the Suppliers request, in order to resolve any queries. If no response is received, Artifurniture ATcustom will issue a 3 Stage Contact Policy.
4.1.2 3 Stage Contact Policy explained:
Stage 1: Initial email, text message or What’s App message requesting the Customer to contact us.
Stage 2: After 3 working days a follow up email, text message or What’s App message requesting the Customer to contact us.
Stage 3: If another 3 working days have passed, and Artifurniture ATcustom still has not received any contact from the Customer, an official warning will be issued. The Customer then has 7 working days to respond.
4.2 Failure to comply with the above is a Customer default which entitles us to suspend the performance of the services until you remedy or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you (email, text message or What’s App message). As stated in clause 6.0, the Customers deposit is non refundable.
5.0 Customised Upholstery and Furniture
5.1 All new fillings applied to furniture manufactured after 1950 will be in compliance with the Furniture and Furnishing (Fire)(Safety) Regulations 1988. All new covering fabric supplied by us will comply with the regulations with the exceptions of covers which contain 80% natural fibres, when it is acceptable to use an interliner which complies with the regulations. Furniture manufactured prior to 1950 does not come within the scope of the 1988 Regulations with regard to filling or cover.
5.2 We do our best to advise Customers of the suitability of fabrics whether supplied by us or not, however, we can only take responsibility for materials which are supplied by us only; covering fabric supplied by the Customer is at their own risk. Shortage of covering fabric supplied by the Customer is the Customer’s responsibility.
5.3 Artifurniture reserves the right to apply a 10% surcharge for handling fabrics supplied by the Customer. This surcharge will also apply to mark-up the costs where any fabrics, woven or printed off-grain, require extra time to make and where fabrics and patterns behave unexpectedly.
5.3.1 We reserve the right to apply a 15% surcharge for handling fabrics not supplied by us, if we are given many small pieces from which to make a product.
5.3.2 If the Customer changes their mind on the fabric they have picked when placing an order and 3 days have passed from placing an order, we reserve the right to charge the Customer a FULL amount for the new fabric that they choose.
5.4 With regard to the Customers own material, it is their responsibility to ensure that the fabric is suitable for the purpose for which they intend to use it and that it complies with the relevant regulations in force with the regard to Fire and Safety (as described in clause 5.1)
5.5 Artifurniture ATcustom cannot be held responsible for fabric flaws. If we cannot cut around them you will notified.
5.6 Artifurniture ATcustom cannot be held responsible for the present or future behaviour of the treatment/fabric/trims, such as wear and deterioration, stretching, shrinking, staining, fading or damage to person or property where the client has acted against the manufacturers/retailers instructions. i.e. washing/cleaning instructions, steaming etc.
5.7 All old covers will be removed prior to upholstery and will be discarded unless the Customer advises otherwise. This advice must be written into the order when placing an order. Artifurniture ATcustom will not be held liable, if the Customer does not provide this request at the above mentioned time and as the result the old covers are disposed off.
5.8 Any problems with an order, whether your (the Customer) fault or ours (Artifurniture ATcustom), must be brought to our attention within seven days of receipt of the order. Thereafter charges may be due to make any corrections. We will not be held responsible for charges if you (the Customer) have another company make corrections – you will still be responsible for the original bill. Charges will be made to corrections that are not our fault.
5.8.1 Artifurniture ATcustom reserves the right to apply a minimum of £100.00 charge to repair accidental damage not caused by us.
5.9 Artifurniture ATcustom reserves the right to refuse any item of furniture into the workshop if:
- it has any kind of live infestation e.g woodworm
- it requires extensive repairing
- is deemed unsafe to work on
5.10 Insurance Claims: We undertake all work on behalf of the Customer. However, it is the Customer who is responsible for the payment of the account. In the case of Insurance companies and Insurance work, we will undertake the work on the clear understanding that the account will be paid by the Customer, when the account becomes due as described in clause. Where work is undertaken in relation to an insurance claim, a 70% payment on acceptance of the estimate will be payable by the Customer, unless an agreement exists between us and the insurers to pay the account directly.
5.11 When applicable, next day service on orders will incur a surcharge of 30%.
6.0 Payment Terms and Interest
6.1 Upholstery and Trim Services
6.1.1 Depending on the volume of work, a 50% non refundable payment (deposit) is required for us to accept an order and for any work to commence. The balance is due in full on collection/delivery. The agreed payment will form an acceptance of the Terms and Conditions.
6.1.2 Or for any order over the value of £1,300 a three stage invoice will apply (50% deposit, a further 25% half way through the project and the 25% balance on completion).
6.1.3 Other payment terms can be agreed on, after individual consultation between the Customer and the Supplier.
6.1.3 Please note that deposit payments are non refundable. If you wish to cancel your upholstery or trim service, after 3 days have past from placing an order, we are unable to return your deposit. This applies if you change your mind as well as if we experience any delays in getting materials for your order. Materials include but are not limited to fabric, foam, decorative trim and paint.
6.2 Artifurniture Stock and Furniture Orders
6.2.1 Artifurniture Stock and Furniture Orders refers to all stock and products currently on offer on our website and in store.
6.2.2 When ordering online through artifurniture.com/shop you are required to pay the checkout total in full for the order to be processed by us. If there are any connectivity issues and a transaction does not go through, your order will be automatically cancelled.
6.2.3 Artifurniture.com/shop offers PayPal Checkout. Please refer to PayPal Pay in 3 and Paypal Credit Terms and Conditions for their Payment Terms and Interest information.
6.2.4 Orders made in store at 115 West Street, Bedminster, Bristol, BS3 3PD will require a 50% non refundable payment for us to accept an order. The Customer can then choose to pay the balance on collection/delivery or split the payment through a three stage invoice.
6.3 Interest on overdue invoice will be charged at 5% per month or part thereof.
7.0 Price
7.1 Upholstery and Trim Services
7.1.1 The Price shall be the price quoted either verbally, by email or message.
7.1.2 Any additional instructions must be confirmed either verbally or in writing and a price agreed for the additional work and materials before the work can proceed. Additional work, which may not be apparent when the estimate is provided, will be advised to the Customer on discovery and a course of action agreed. This includes but is not limited to any of the following, which are hidden by upholstery:
- Frame repair
- Spring repair or replacement
- Webbing repair or replacement
- Foam replacement
- Wadding replacement
7.1.3 Prices quoted are valid for 30 days.
7.2 Artifurniture Stock and Furniture Orders
7.2.1 The Price shall be the price as is provided on Artifurniture.com/shop and on product display price tags in store. No price haggling and bargaining will be tolerated.
7.2.2 On occasions Artifurniture will run product sales and offers which will see the Price being reduced. Any sales and price reductions will be clearly marked and their end date will be clearly showed.
7.3 Carriage and Delivery Charges
7.3.1 Carriage and Delivery Charges will be extra.
7.2 Upholstery and Trim Services
7.2.2 The Customer can choose to collect or opt for a delivery. The Customer will notify us upon placing an order, what they intend to do. The Customer can arrange their own delivery if required. The cost of delivery will be covered by the Customer. Delivery charges will vary depending on your location. In case of Artifurniture ATcustom conducting a delivery, there is a standard charge for Bristol +20miles of £60.00. Thereafter it is £1.20 per each additional mile.
7.3 Artifurniture Stock and Furniture Orders
7.3.1 The Customer has an option to collect their order free of charge from Artifurniture 115 West Street BS3 3PD when placing an order through Artifurniture.com/shop
7.3.2 If delivery to an address is required Artifurniture charges Bristol +20miles at £60. Thereafter it is £1.20 per each additional mile.
7.3.3 Any orders made directly through the store can be collected free of charge by the Customer.
7.3.4 If you require delivery above the ground floor, we reserve the right to charge £10 per each floor we have to pass if no elevator is present, an elevator is broken or the Goods don’t fit the elevator. This charge is due in cash to the driver on the day.
8.0 Time Frames
8.1 Upholstery and Trim Services
8.1.1 Artifurniture ATcustom will do their best to provide the Service within 3 weeks of the Order being placed if the Customer chooses a fabric that is currently in stock.
8.1.2 In the even of the Customer choosing a fabric that is not currently in stock, Artifurniture ATcustom will need to place an order for it. Fabric delivery can take up to 4 weeks. In exceptional circumstances that are out of our control (e.g Brexit, Customs, Weather, Bank Holidays, Factory Hold-Ups etc.) this period may increase.
8.1.3 Once the fabric arrives and is checked, we will be in contact with the Customer to arrange a collection or to ask them to bring their items to the workshop.
8.1.4 Depending on the volume of the Service, the Time Frame to complete an order can take up to 3 weeks. Artifurniture ATcustom will always update the Customer during the works on the completion date.
8.2 Artifurniture Stock and Orders
8.2.1 Goods ordered through Artifurniture.com/shop will have a Time Frame in their description. The typical delivery time is between 6-9 weeks. Please contact us for more information regarding a specific product.
8.2.2 Artifurniture ATcustom aims to deliver Goods ordered through the store within a maximum of 7 working days.
8.3 Holiday cut-off dates: the Customer will be given written notice of any holidays or order cut off dates that may impact the completion date of the Order
9.0 Cancellations, Refunds and Returns
9.1 In line with the government guidelines Artifurniture ATcustom will offer a full refund if the item is faulty, not as described or does not do what it’s supposed to. A full refund is only eligible if order is cancelled within 14 days of placing exclusively via Artifurniture.com/shop and the Customer has not seen the item in store prior to purchase. After this period, we cannot process full refunds.
9.2 We do not offer refunds if:
- The Customer knew an item was faulty when buying Goods
- The item (Goods) is damaged due to you or someone not authorised trying to repair it
- The Customer no longer wants an item after viewing in person or placing a wrong Order (e.g wrong size or colour / changed your mind)
9.3 Artifurniture ATcustom will only accept a return if the item (Goods) is faulty, not as described or does not do what it’s supposed to. This needs to be reported to us within 7 working days of delivery. The item will only be accepted if it hasn’t been used and is in a pristine condition. The Customer will have to pay a collection cost or arrange their own courier. Collection cost is calculated at £60.00 in Bristol + 20miles, customers outside this range (21+ miles) will need to pay £1.20 per every extra mile.
9.3.1 Returns will not be accepted if the sofa has been assembled by our delivery team and you have signed our proof of delivery document, stating that you are happy and accept the sofa.
10.0 Delivery
10.1 Artifurniture ATcustom endeavours to deliver the Services and Goods by the specified time and date, providing that the materials to complete the work are available at the time the work is to be undertaken.
10.2 If the Customer wishes for Artifurniture ATcustom to deliver the Services or Goods, the delivery shall be made to the Delivery Location by the time and within the agreed period with the Customer.
10.3 The Customer shall make all arrangements necessary to take delivery of the Services or Goods on the day notified by Artifurniture ATcustom for delivery.
10.4 If the Customer fails to take delivery of the Services or Goods on the agreed delivery date or, after Artifurniture ATcustom has given written or verbal confirmation to the Customer that the item is ready for collection and the Client fails to collect within fourteen days of such notification Artifurniture ATcustom shall be entitled to store and insure the items and to charge the Customer the reasonable costs of so doing and charge for any additional deliveries.
10.5 Artifurniture ATcustom reserves the right to dispose of all items of furniture held at our workshops for two months or longer without having received a deposit, clear instructions or fabric being supplied by the Customer.
11.0 Acceptance of the Goods
11.1 It is the Customers responsibility to ensure any items of furniture can fit into their property before placing an order. Artifurniture ATcustom will not be held responsible if it does not fit into your premises. If the Customer requires Artifurniture ATcustom to make any changes to rectify the position the Customer will be responsible for our additional costs.
11.2 In the circumstance that an item is to be fixed to a wall, floor, or similar, it is the Customers responsibility to check the suitability of their property, wall type. Artifurniture ATcustom will not be held responsible for damages caused to Customers property in the process, or as a result, of the Customer or Artifurniture ATcustom attaching furniture to the wall, floor or any part of the clients property. We would recommend the Customer to always use an experienced tradesman.
12.0 After Sales Services
We operate a customer complaints procedure which is designed to address any customer concerns in a timely and satisfactory manner. All complaints must be in writing and made to info@artifurniture.com. Artifurniture ATcustom advises against sending your complaints by post as this could delay the process. We will aim to respond within 7 working days.
13.0 Tile and Risk
13.1 Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you or upon your collection from out premises.
13.2 You do not own the Goods until we have received payment in full. If full payment is overdue, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect.
14.0 Excluding Liability
14.1 Artifurniture ATcustom shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the service provided.
14.2 Artifurniture ATcustom shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
15.0 Governing Law and Jurisdiction
15.1 The Contract (including any non-contractual matters) is governed by the law of England and Wales.
15.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland and Norther Ireland respectively.