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TERMS AND CONDITIONS FOR ONLINE SALE

Last updated: 02.10.2019

Welcome to Circus 25

These terms and conditions apply to any online sales transactions and website activities. Your statutory rights as the buyer are not affected by these terms and conditions.

We reserve the right to adjust any product prices, specifications and availability at any time without notification. Any revisions to this subject matter, or product details supersede all listed in previous publications or agreements.

By accessing the website and/or engaging in sales activities, you signify your agreement to adhere by these Terms & Conditions.

 1. These Terms

1.1 These Terms and Conditions of Trading (‘Terms’) apply to all contracts between Circus 25 and/or our subcontractors (‘us/we/our’) and the customer (‘you/your’) in relation to all sales of our products and services.

1.2 By accessing and using our Website you agree to the terms contained in our Privacy Policy and Cookie Policy. If you do not agree with or accept any of these terms, you should stop using the Website immediately.

1.3 Any sales order placed with us either verbally, in writing, via purchase order or electronic communication is accepted as official and is subject to our Terms & Conditions.

1.4 Any orders you place with us is not accepted until we have provided you with a written sales order confirmation (by email or in person).

1.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document issued by us is subject to correction without any liability on our part.

1.6 Any other external customer Terms & Conditions submitted in any format to Circus 25, or deemed provided as part of the sales order will not be accepted under any circumstances signed or not.

1.7 We reserve the right to update these Terms & Conditions from time to time by posting the updated version on our Website, at which point they will apply to any future orders made (but will not affect any existing orders). Examples of reasons for change include changes to our Products, prices, guarantee or delivery terms, changes to our business needs or supply structure, or for technical or legal reasons.

2. Interpretation

2.1 This Agreement is subject to the following definitions and rules of interpretation stated in this clause.

2.2 We, us, our, you and your: In these Terms & Conditions, the words you and your refer to any person accessing data via the website or electronic communication and the words we, us and our, refer to Circus 25.

2.3 Bespoke: Goods made in a fabric of your choice or subject to any form of customisation at your request.

2.4 Clearance Item: A product sold at a reduced price compared to what is advertised on our website and as a direct consequence of warehouse or showroom clearance.

2.5 Customisation: The modification of any dimensions, stitchings or cushion fillings that deviate from what is shown on our website.

2.6 Delivery Note: A document provided by us station ‘Delivery Note’

2.7 Domestic Purposes: Any use of the product at a residential home and not used in connection with running any form of business.

2.8 Good(s): Any home accessories, chairs, sofas, footstools, benches, cushions, rugs and fabrics or related products shown on our website.

2.9 Product(s): This has the same definition as Good(s).

2.10 Standard Range: Any products or goods shown on our website.

2.11 Sales Receipt: A document provided by us stating ‘Sales Receipt’

2.12 Quote: A document provided by us stating ‘Quote’

2.13 Pro Forma Invoice: A document provided by us stating ‘Pro Forma Invoice’

2.14 Invoice: A document provided by us stating ‘Invoice’

2.15 UK Mainland: This covers the island of Great Britain, excluding Northern Ireland and any of the British islands geographically separated from the island of Great Britain.

 3. Customer Location

3.1 Our Website is primarily intended for use by individuals who are resident in the UK. However, we may at our discretion also accept orders from individuals who are resident outside the UK.

 4. Products Specifications

4.1 We have a policy of constant Product Development and reserve the right to amend Product Specifications without prior notice in relation to future sales.

4.2 Goods supplied might differ from those advertised or on display. Unless specifically agreed with you, the Products supplied are of equal value, appearance and functionality. If there are any substantial variations (e.g. due to handcrafting) they will be highlighted and/or mentioned in the product description.

4.3 If we experience difficulties in supplying certain Products we may need to substitute them with alternative Products of equal or better standard and value. We will contact you to let you know if we intend to do this, and your order will be put on hold pending your acceptance of the change. However, an appropriate substitute Product may not always be possible. If you do not accept a substitute Product, which is materially different from the Product you originally ordered, we will cancel your order for the relevant Product and provide you with a full refund.

4.4 We try to ensure the colours of our Products are as accurately displayed as possible on the Website, however; the actual colours you see on your computing device may vary depending on the monitor you use. Clearance products may not necessarily be in perfect condition, so please check before you buy that they are of a satisfactory quality for their intended particular use. Please see our returns policy for Clearance Products.

4.5 For upholstery items we aim to match as accurately as possible the colour and texture of the fabric of your Products to the samples chosen, however; variations in both colour and texture may occur. By placing your order, you agree to not hold Circus 25 or its partners liable for slight deviations in colour and texture.

4.6 Leather Products are made from natural leather and accordingly they may not be uniform in colour or texture. Only the finest hides are selected but they will show natural marks and scars on the hide. Some leathers mellow with age and exposure to sunlight and heat. By placing your order, you do not hold Circus 25 or its partners liable for slight deviations in colour, marks and scars.

4.7 Other materials such as wood, metal, glass and stone may be subject to variances in appearance and any images submitted are to be used as a guide only.

4.8 We continuously develop our product portfolio, and reserve the right to amend the specification of Products without prior notice in relation to future sales.

 5. Measurements & Dimensions

5.1 We aim to have the measurements of all Products made by us to be as accurate as possible, but the measurements are nevertheless only approximate.

5.2 All drawings supplied serve as a guide only and are not to be scaled. The indicated dimensions are subject to variation due to using natural materials, Circs 25 is therefore not held responsible for dimensions that may fluctuate both lower and higher than that noted, within reasonable tolerances.

 6. Prices & VAT

6.1 All prices include VAT unless stated otherwise. Prices including VAT are set at the current rate and are subject to any promotional discount or offer. If you live outside of the UK, please note that prices on the Website may be different from what we charge you because of, for example, variations in your country’s rate.

6.2 VAT is payable on all sales to other EU countries unless the buyer is VAT registered (subject to a valid VAT registration number being provided by the client).

 7. Payments

7.1 For online orders we accept payment with the payment methods listed on our site. You must pay for the Products and any related delivery charges in advance of delivery of the Products. Please get in touch for additional payment options via info@circus25.com 

7.2 By submitting an order to us through our site, you confirm that the payment details provided on your order are valid and correct.

7.3 For standard online purchases, we will send you an email confirmation with tracking details for your delivery as soon as payment is confirmed.

7.4 For larger items (such as furniture) that require special delivery and/or installation, we will email you in advance about the exact details and the Terms & Conditions for special delivery.

8. Delivery & Installation

8.1 Any delivery date is an estimate and is not legally binding on the Seller.

8.2 Indicated delivery dates may vary should there be a delay in information, payment and/or approval of specification or variation to the order.

8.3 The essence of the contract shall not be time of delivery.

8.4 In the event of us being unable to supply goods subsequently to receiving an order, we shall not be liable for any incidental or consequential loss arising thereof.

8.5 It is your responsibility to ensure the goods delivered are as ordered, and that they are of satisfactory quality within the same day of delivery.

8.6 We strongly recommend you check that the description and quantity of the good(s) is correct per the delivery note. In the event of any discrepancy, you must notify us before the end of the same working day you received the goods, and before the goods are used in any way.

8.7 When you accept your delivery please be sure to sign the delivery note. We highly recommend all goods be checked upon delivery. Unfortunately writing, “unchecked” or “unexamined” is not acceptable. If the item is damaged, please keep the packaging. All claims for damage or loss must be made before the end of the same working day of the delivery.

8.8 In all events, the liability limits for any defect or fault shall not exceed the purchase price of the item.

8.9 We do not accept any liability for delays caused by circumstance beyond our control.

8.10 For easier delivery, some products are/can be made for on-site assembly in case there is restricted access to your premises. However, this is at our discretion, limited to specific products, and handled in coordination with a sales representative. Furthermore, it is vital that you provide us with this information when placing the order because later changes to the design are subject to additional charges.

8.11 In the event of delivery dates being delayed by the client, storage charges will be charged at a rate of 2% of the total sales order value per week after the initial 14 days planned delivery date.

8.12 If access to the premises is difficult and incurs additional time on site, the client will be charged accordingly.

8.13 If there are any concerns on access to the premises outside or inside, a chargeable site visit must be noted by the client to Circus 25 in order to avoid incurring additional costs. The client is subject to a small charge to additional site visits or site visits required outside of Central London.

8.14 The client or a representative for the client must be present to oversee delivery and installation, and sign appropriate documentation.

8.15 Any parking restrictions must be informed to Circus 25, any costs incurred for parking fines may be charged to the client for full reimbursement.

8.16 Any attempted and failed deliveries, including cancellations made within 48hrs of the planned delivery may be charged to the client.

8.17 You, the client, must notify us of any site access restrictions that may cause a failed delivery of goods. If goods are delayed or failed for delivery due to access restrictions, or due to high-level floor access not notified in writing, you will be liable to additional charges.

 9. Returns and Refunds

We hope you are happy with your purchase, however if you are not, please note the following terms.

9.1 If you discover any product fault due to poor manufacture we will do our best to repair or replace the furniture at no cost to you. We will only replace items as  “like for like,” which means you cannot change size, fillings or fabric. This guarantee does not include normal wear and tear.

9.2 We reserve the right of discretion to accept/refuse the return of any Products supplied.

9.3 If returned, Products must be returned to us in an acceptable saleable condition at the buyer’s cost, and we reserve the right to reasonable deductions from the refund amount to you if there are signs of wear and/or damage to the Products.

9.4 It is not possible to cancel any order for Bespoke Products either prior to or after delivery. We are not obligated to take back these Products, though may do so with the incurrence of a restocking fee. This fee is entirely at our discretion.

9.6 In the event of a customer ordering different cushion fillings because of a proven allergy, these products can be returned or cancelled within 14 days of delivery and means clause 8.2 does not apply.

9.7 In the event that you order products and arrange for them to be shipped to a location outside the UK Mainland, clause 8.1 is revised to the extent explained below. You still have the right to return the products, however, it is your responsibility to arrange for the products to be shipped back to the UK Mainland. We can collect the products from any address on the UK Mainland (e.g. a relative’s house or a storage and shipping facility at your cost, unfortunately we cannot collect products directly from a vessel at a port).

9.8 Clearance Items are not subject to automatic right of return because they are sold as seen. However, your statutory rights are not affected.

 10. Guarantees

10.1 The requirements of this clause apply as an addition to your statutory consumer rights and concerns faulty or incorrectly described Products. These rights are not affected by the guarantee.

10.2 For the purpose of this clause the guarantor is Circus 25 Limited, registered address: 78 York Street, London, England, W1H 1DP

10.3 Guarantees cannot be assigned to a third party.

10.4 Circus 25 cushion coverings and fillings are guaranteed for one year from the date of delivery, exceptions include fabrics (or other items) supplied by you, at your specification, by a third party, or any Product defect caused by any unsuitability or failure of any fabric or other items supplied.

10.5 These guarantees do not cover normal wear and tear, abuse or misuse of your Products, neglect, loss or damage (including corrosion and rusting) due to unreasonable exposure to weather and water; loss or damage due to fire, explosion, smoke, lightning, sunlight, infestation by animals or insects, theft, accidental loss or damage caused by a third party.

10.6 For defective Products covered by our Guarantees, we will try to repair them free of charge. If a repair is not possible we will offer you a replacement and only if a suitable replacement is not available will we offer a refund. Refunds are processed using the same means of payment as you used to purchase the Product(s) in question. In the case of card payments, refunds are made to the original card of purchase.

10.7 We are not liable for any direct or indirect profit loss or other financial damage or loss happening due to the damaged, defective or wrongly delivered Good(s) of more than the value of the Good(s) itself. This does not affect your statutory rights.

10.8 If you wish to make a claim under our Guarantees, please contact us at info@circus25.com

10.9 UK law gives you certain statutory rights for repairs, exchanges or refunds of faulty products. Clause 9 does not affect these rights

 11. Fabrics

11.1 The majority of our fabrics is supplied by Tackler. Please be aware that fabric batches might deviate, which means there may be small variations between batches. Colour is the most common deviation, and the actual variation is often very slight or almost negligible. However, some fabrics are more susceptible to variation than others.

11.2 We guarantee to produce your order from the same batch of fabrics. However, we cannot guarantee subsequent orders will match your original order 100%.

11.3 Because of the nature of the materials used, any finishes applied to the exterior of our Products may alter the final colour and feel of the fabric.

11.4 We cannot accept responsibility for discolouration or fading caused by direct or indirect exposure to sunlight. Sunlight affects fabrics differently depending on the type of fabric, however, direct or indirect sunlight will always affect fabric colour. Darker fabrics are likely to fade and discolour more than light fabrics. Also, different fabrics, whether dark or light, are likely to discolour or fade at different rates.

11.5 Post delivery, we cannot accept responsibility for discolouration or fading due to contact or exposure with any chemicals applied directly or sprayed nearby. Please note that certain aerosol sprays like nicotine and odour neutralisers, which contain specific chemicals, can react badly with fabric dyes (these cans should alert against spraying close to upholstery without covering it first).

11.6 We recommend you dry clean all removable covers from our Products.

11.7 Clause 11 also apply to any fabric (or other material) you supply us with, or material that you specify (‘Customer Own Material’). We refer to any Product that you request to be made with Customer Own Material as a ‘Customer Own Material Product’.

11.8 We may refuse to use any Customer Own Material that we consider unsuitable.

11.9 When supplying Customer Own Material, you agree to that the item(s) supplied are in all respects suitable and safe for application to the Product, including but not limited to it being compliant with the British Fire & Safety Regulations Act.

11.10 Customer Own Material will be considered the property of Circus 25 when we receive them; the ownership will revert back to you when we return/deliver the items to you (whether incorporated in the Product or unused).

11.11 Where possible, the application of an inter-liner option can be applied but will be subject to extra charges.

11.12 We will not be held liable for any delays of fabric/leather order deliveries, or costs associated due to these delays.

11.13 We will not be held liable for any flaws or defects in COM (customer’s own material) or COL (customer’s own leather) provided at any stage and cannot inspect fabrics or leathers supplied by the customer or your providers. We will not be held liable for any costs or damages associated to delayed deliveries or damaged goods.

11.14 If you cancel your order for a Customer Own Material Product in accordance with our cancellation policy, we will return your Customer Own Material to you (upon request) unless we have already begun the manufacture of the Customer Own Material Product using your Customer Own Material. If you cancel your order for a Customer Own Material Product after we started the manufacturing process, we will not return the Customer Own Material to you and may dispose of it as we deem fit.

11.15. We may work on, cut and otherwise deal with and treat your Customer Own Materials as we consider appropriate for the making of the Product and (unless you place in writing with your order that left-over material should be returned to you) we may use or dispose of surplus fabric or items as we deem fit.

11.16 All fabric and leather orders are required to be paid in full at the placement of order.

 14. Indemnification

You agree to indemnify, defend and hold all of Circus 25 Limited directors, employees, information providers, licensees and licensors, officers and parent, (collectively “indemnified Parties”) harmless from and against any and all liability and costs (including without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of breach by you of these Terms & Conditions or the foregoing representations, warranties and covenants.

 15. Website Purchases

15.1 The following Terms and Conditions in this clause 10 only apply to purchases made on our Website www.circus25.com

15.2 We strive to display as accurately as possible the colours of our Products on our Website. However, we cannot guarantee that your monitor will accurately reflect the colour of the Product delivered.

15.3 Our contract with you will not be concluded until we receive your valid payment details and accepted the order by confirmation of returned e-mail to the email address you gave us during the online payment process.

15.4 We do everything to ensure the complete accuracy of our Website. However, some details/prices may change from time to time and it is possible errors can occur. If we discover a mistake in the price of the Product(s) you ordered, we will inform you as soon as possible. If a price changes, we will offer you the option of re-confirming your order at the correct price or cancelling your order. If we cannot contact you via the contact details you provided during the order process, we may treat the order as cancelled and notify you of this by email. If an order is cancelled in accordance with this clause and you have already paid for the Products, we will provide you with the full refund as soon as possible (no later than within thirty (30) days of cancellation).

15.5 We reserve the right to refuse any order placed by you.

15.6 To the maximum extent permissible by law, we exclude all warranties, implied or expressed as to the accuracy of the information contained in any of the material on the Website. We cannot accept any liability for any specific use of the material on the site or any reliance placed upon information on the site.

15.7 Any downloaded material or material otherwise obtained through this website is done at your own risk and discretion. You are the sole responsible party for any damage to your own computer systems, as well as any data loss from the download of any materials on this site.

15.8 We operate and control the website from our offices within England. Consequently, the laws of England & Wales govern any claims related to this website, including the use of the site and its materials. If you decide to access our website from a location outside England and Wales, you do so at your own initiative and risk, and you hereby agree that should a dispute between www.circus25.com and you occur, the laws of England and Wales applies at all times.

 16. Limitation of Liability

In no event will we be liable to you for any third-party claim or for any consequential, direct, incidental or special damages, including without limitation, any lost profits or lost savings, regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise, even if it was foreseeable or the possibility of such damages was brought to attention.

 17. Data Protection

Circus 25 Limited is a registered data controller operating in accordance with the GDPR. All personal data is processed in accordance with the GDPR.

 18. Rights of Third Parties

For the purpose of Contracts (Rights of Third Parties) Act 1999, this Agreement does not and is not intended to provide any rights to enforce any of its provisions to any person who is not a party to it.

 19. Privacy

19.1 We process information about you in accordance with our Privacy Policy. By submitting your personal information, you consent to this processing and warrant that all data provided by you is accurate to the best of your knowledge and that, if changes occur, you will inform us promptly.

19.2 The Website uses cookies. For more information about cookies please see our Cookie Policy.

 20. Applicable Law

These Terms and Conditions of Sales are governed by and are to be construed in accordance with the laws of England and Wales.

Circus 25 Limited is obliged by law to provide the following information:

The website www.circus25.com is operated and owned by Circus 25 Limited.

Our address and all communications can be addressed to us at:

Circus 25 Limited 78 York Street, London, England, W1H 1DP
Registered in England – Company No.: 12114173
VAT No.: GB 330 7757 02