Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.
This contract sets out:
In this contract:
If you don’t understand any of this contract and want to talk to us about it, please contact us by:
Who are we?
1.1 If you buy goods on our site you agree to be legally bound by this contract.
1.2 This contract is only available in English. No other languages will apply to this contract.
1.3 When buying any goods you also agree to be legally bound by:
1.3.1 our website terms and conditions and any documents referred to in them;
1.3.2 extra terms which may add to, or replace some of, this contract. This may happen for, security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice; and
1.3.3 specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods at any time during the online checkout process.
1.4 All of the above documents form part of this contract as though set out in full here.
2.1 As used in this Agreement, the following terms shall have the following meanings:
2.1.1 "bespoke" means products that are made up in a fabric of your choice that is not found on our website, or subject to any customisation at your request (i.e. a change in a dimension);
2.1.2 “products” means the products you are purchasing under the contract as stated your order;
2.1.3 "services" means any services you are purchasing under the contract as stated your order, including the limited warranty we provide the to the original purchaser of ne Maker&Son Furniture. Please see clause 6 of this Agreement for full details.
3.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please click on the ‘key information’ button;
3.1.1 read the acknowledgement email; or
3.1.2 “products” means the products you are purchasing under the contract as stated your order;
3.2 contact us using the contact details at the top of this page.
3.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
5.1 Below, we set out how a legally binding contract between you and us is made.
5.2 You place your order when you click on the “order now” button selecting the products, services you require via the site.
5.3 Your order is accepted when we send you an email or other written communication confirming receipt of your order, or if we do not send such an email, when we despatch the products or the first instalment of the products to you.
5.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:
5.4.1 the goods are unavailable;
5.4.2 we cannot authorise your payment;
5.4.3 you are not allowed to buy the goods from us;
5.4.4 we are not allowed to sell the goods to you;
5.4.5 you have ordered too many goods; or
5.4.6 there has been a mistake on the pricing or description of the goods.
5.5 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
5.5.1 a legally binding contract will be in place between you and us; and
5.5.2 we will dispatch the goods to you.
6.1 We provide the following limited warranties to the original purchaser of new Maker&Son Furniture, subject to the limitations and exclusions stated below:
6.1.1 Your Song Furniture Frame: We provide a thirty (30) year limited warranty on the frame of your Song furniture, including all Song Chairs, Sofas and Corner Sofas. While your frame is under warranty, we will repair or replace any part of it that is defective in material or workmanship. The decision to repair a piece, or replace will be made at the discretion of Maker&Son.
6.1.2 Coil Spring Inserts: Coil spring inserts are warranted against defects in materials and workmanship for a period of two (2) years.
6.1.3 Feather and Down Cushions: Feather and Down Cushions are warranted against defects in materials and workmanship for a period of three (3) years.
6.1.4 Fabric Coverings: Fabric coverings, other than Customer's Own Material, are warranted for one (1) year against manufacturing defects, seam slippage, pilling (unless pilling is a natural characteristic), shrinkage, and nap loss.
6.2 For the first five (5) years after your purchase, Maker&Son will be responsible for the delivery cost of defective furniture residing in the United Kingdom to and from our manufacturer. Starting Year Six (6) and continuing for the duration of the warranty, you will be responsible for the delivery cost of the furniture to and from the manufacturer. For those outside the United Kingdom, you will be fully responsible for the transportation to and from the factory, including any damage that could be caused.
6.3 This warranty does not cover fabric fading caused by stains from spills including but not limited to acids, solvents, dyes, ink, paint, other corrosive chemicals, bodily fluids, exposure to sunlight, bright light or extreme heat. Use of any aftermarket soil or leather protector not approved by Maker&Son in writing will void this warranty. Colorfastness and durability of Fabric Covering are also excluded from the warranty.
6.4 These guarantees do not cover fair wear and tear, neglect, abuse or misuse of your goods, loss or damage (including rusting and corrosion) due to unreasonable exposure to water, heat or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, damage by animals generally or theft, or accidental damage or loss caused by a third party
6.5 Limitations and Exclusions - For those outside the contiguous United Kingdom, you will be fully responsible for the transportation to and from the factory, including any damage that could be caused. This warranty only covers new furniture. New furniture is furniture purchased new from Maker&Son by the original purchaser. It excludes all furniture sold by an unauthorised Retailer, floor samples or furniture sold as “AS IS”.
6.6 Proof of Purchase and Warranty Start date: To make a warranty claim you must have the original purchase receipt or a copy thereof. This warranty commences on the date of delivery.
6.7 To initiate a warranty claim, a return, or report a product damaged in transit, please contact us at firstname.lastname@example.org
7.1 A Bespoke product is an order for a product custom made to your specifications and / or requirements (e.g. using your own material and/or measurements). If we are making the product to measurements you have provided, you are responsible for ensuring that these measurements are correct. The final dimensions of the finished Product will be within 2cm of the requested measurements.
7.2 Where there is a bespoke product, and we have not agreed to procure the fabric from a third party manufacturer, then: you will be responsible for providing and transporting fabric to us promptly in order for us to produce bespoke products; you will be required to supply to us sufficient fabric to enable us to produce the products, with some allowance for wastage; you must arrange for it to be transported to our nominated premises; and we will not be responsible for the condition, quality or suitability of the fabric you supply. Where any bespoke product is to be made to your dimensions or design, you must give written approval for any final dimensions and designs before we are obliged to start production, and you are responsible for ensuring that the dimensions and designs are fit for your purposes.
8.1 This clause applies to any fabric that you provide to us or which you specify and is not on our website (‘Customer Own Material’). This applies to any Product that, at your request, we make with Customer Own Material as a ‘Customer Own Material Product’.
8.2 We may refuse to use any Customer Own Material which we deem to be unsuitable for purpose.
8.3 We may cut, work on and otherwise treat and deal with your Customer Own Materials as we consider appropriate in the course of making the Product and (unless you state in writing with your order that surplus should be returned to you) we may use or dispose of excess fabric or items as we think fit.
8.4 Customer Own Materials will become owned by us when we receive them; ownership in any of them which we return to you (whether unused or incorporated in the Product) will revert to you upon delivery to you.
8.5 You agree to ensure that your Customer Own Material is in all respects safe and suitable for application in the Product.
9.1 Fabric batches may vary. The majority of our fabrics are created from natural materials, and thus, unlike man made Products, there can be slight variations between batches. The most common variation is that of colour – although the actual variation is often almost negligible or very slight. Some fabrics will be more affected than others.
9.2 Whilst we guarantee to make all your order from the same batch, we cannot guarantee that subsequent orders will match your original order.
9.3 Because of the nature of the materials used, any finishes that are applied to the exterior of our Products may alter the final colour and feel of the fabric.
9.4 We cannot accept any responsibility for fading or discolouration caused by exposure to direct or indirect sunlight. Sunlight affects different fabrics in different ways, but sunlight, whether direct or indirect, will nevertheless always affect fabric colour. Darker fabrics are likely to discolour and fade more. Different fabrics, dark or light are liable to fade or discolour at different rates.
9.5 After delivery, we cannot accept any responsibility for fading or discolouration, due to exposure or contact with any chemicals sprayed nearby or applied directly. Please also note that there are certain aerosol sprays, most particularly odour neutralisers and nicotine neutralisers, which contain chemicals that can react with fabric dyes (these Products will normally warn against spraying close to upholstery without first covering it).
10.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
10.2 Every effort is made to ensure the complete accuracy of our website; however some prices/details may change from time to time and it is possible that errors may occur. If we discover an error in the price of the Product(s) you have ordered we will inform you as soon as possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order. If we are not able to reach you using the contact details you provided during the order process, then we may treat the order as cancelled and notify you of this by email. If an order for Products is cancelled in accordance with this clause 9.3 and you have already paid for the Products, we will give you a full refund as soon as reasonably possible (and in any event within 30 days of cancellation).
10.3 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as mis-pricing.
10.4 To the maximum extent permissible by law, we exclude all warranties, expressed or implied as to the accuracy of the information contained in any of the materials on the Website.
11.1 We may alter the specification of the products where such alteration does not materially affect their quality or performance.
12.1 We use reasonable efforts to make our products as accurately as possible, however measurements are approximate, and your products may not precisely conform to any measurements provided. You agree that all products may be supplied with dimensions which are up to +/- 20mm of the stated dimension, including to allow for variances in fabric pile.
13.1 You have the right to cancel this contract within 14 days without giving any reason.
13.2 The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
13.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email) using the contact details at the top of this contract. We will send you an electronic cancellation request form via our contracts platform, OneFlow, for you to complete and return to us electronically.
13.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
13.5 Your cancellation right does not apply to products which were made to your specifications or are clearly personalised. This may include bespoke products. We may however, at our sole discretion, offer a 50% refund if you wanted to cancel the contract for any such bespoke or personalised products.
13.6 In the situation where we agree to provide services, then you confirm that you request the services begin before the end of the cancellation deadline, and you agree that if you subsequently cancel, you shall pay us an amount for such services which is in proportion to what services have been performed until you cancelled, in comparison with the full coverage of the contract. You agree to pay such amount on demand, and you agree that that we may deduct such amount from any refund which we are obliged to make to you.
14.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
14.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
14.3 We will make the reimbursement without undue delay, and not later than:
14.3.1 14 days after the day we received back from you any goods supplied; or
14.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
14.3.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
14.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
14.5 We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
14.6 If you have received goods:
14.6.1 we will collect the goods OR you shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;
14.6.2 will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of the delivery cost (for UK locations) or charged at the same rate as your original delivery charge for outside of UK deliveries and;
14.6.3 you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
15.1. When the time comes for delivery of your item(s), our trusted delivery teams will carefully carry the items to the right room* and assemble as needed**. They will remove all packaging, and take it away with them for recycling when they leave.
*Of course, our delivery team will reasonably endeavour to deliver items to the room of your choice. However the room must be accessible to two delivery people, either on the ground floor or via suitable stairs / elevator, and without the need for mechanical lifting equipment. If you see any potential issues with delivery due to access, please raise them at the point of order.
**Please understand that it is your responsibility to check the condition of the piece(s) delivered and to highlight any issues upon receipt with our delivery team.
15.2. If your order is not being placed as a result of a complimentary home visit, we strongly recommend that you provide an access route video for our delivery team to review. Our Support team can send you a video for how to record this correctly.
15.3. If the delivery attempt is not successful on the day, there may be costs associated with returning the item to our manufacturers for amends to be made as well as a redelivery fee at our standard delivery rate.
15.4. According to our Home and Contents Agreement: the customer agrees that:
(a) their participation in furniture delivery is voluntary. Additionally, the customer agrees to assume any risk that is associated with removing doors or moving any property contents to permit the delivery and releases Maker & Son from any and all claims of damage and loss that may result. The release is without limitation and includes the repair costs, fees and any other losses that might occur to the customer.
(b) The customer agrees to hold Maker & Son harmless against all claims of damage and loss to the property and contents.
(c) Maker & Son maintains the right to refuse the delivery attempt if they foresee that participation would risk damage to any party or property.
(d) The customer agrees that this waiver agreement shall remain in full force and take effect without change and that participation in delivery is pursuant to the terms of the agreement.
15.5. Delivery Fees
We have standard delivery fees of £150 to all of mainland UK, and £200 for the Republic of Ireland. We can provide costs for addresses outside of the UK. When you place your order, we’ll discuss any specific requirements and confirm costs at that stage and our delivery costs are subject to change without prior notice.
We are able to remove old furniture for you, but please let us know at the time of ordering so we can provide an estimated cost for this service.
15.6. What to expect before your arrival date
15.7. Once your piece(s) are available, and have been received at our warehouse, you will be contacted to arrange a date for delivery. You will then receive a delivery notification for you to confirm that this time slot is convenient for you. The delivery date will be a maximum of 14 days upon receipt of goods at our warehouse, but we will attempt delivery within 7 days. Usually about 24 hours before delivery, you’ll be notified of a time slot, once the delivery route has been planned.
15.8. You are required to take delivery on the agreed date. Unfortunately, if you (a) cancel the delivery later than 8am 1 day prior to your delivery date or (b) are not available to accept the delivery when it arrives, you may be charged redelivery fees as well as storage charges in addition to the original delivery fee. It’s quite important to pay attention to this, and to know that all payments will be due before eventual redelivery.
16.1 The price of the Product will be as quoted on our site from time to time, except in cases of obvious error. All prices include VAT, unless stated otherwise, at the prevailing rate. If you live outside the UK, please note that the price you see on our website may differ from what we charge you, due to, for example, differences in your country’s VAT rate.
16.2 All prices which we have quoted you are valid for up to 28 days from the date on which the quote was given, unless otherwise indicated by us.
16.3 At the point of order, deposits of 20%, 50% or 100% of the total order value are accepted. If you opt to pay a 20% deposit at the point of order, we will contact you 21 days later and require you to pay a further 30% of the total order value. The remaining balance is required as soon as your item(s) are received at our warehouse. Products cannot be delivered until full payment is received. We accept all major credit cards and debit cards.
16.5 Your credit card or debit card will only be charged when the goods are dispatched.
16.6 All payments by credit card or debit card need to be authorised by the relevant card issuer. We use Shopify as our payment provider who have high standard security measures in place.
16.7 If your payment is not received by us and you have already received the goods, you:
16.7.1 must pay for such goods immediately or within 24 hours of being notified.
16.8 If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense within 7 days of delivery. We will try to contact you to let you know if we intend to do this.
16.9 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 17 and 18.
16.10 The price of the goods:
16.10.1 is in pounds sterling (£)(GBP);
16.10.2 includes VAT at the applicable rate; and
16.10.3 does not include the cost of:
16.10.4 delivering the goods (if you want delivery options and costs, please speak to our Sales Fulfilment team or your Sales Consultant before you place your order).
17.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
17.1.1 are of satisfactory quality;
17.1.2 are fit for purpose;
17.1.3 match the description, sample or model; and
17.1.4 are installed properly (if we install any goods).
17.1.5 We must provide you with goods that comply with your legal rights.
17.1.6 The packaging of the goods may be different from that shown on the site.
17.2 While we try to make sure that:
17.2.1 all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance of up to 5% in such weights, sizes and measurements in the following goods: Marnie, Otter and Song Sofa and Bed ranges; and
17.2.2 the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.
17.3 Any goods sold:
17.3.1 at discount prices;
17.3.2 as remnants; or
17.3.3 as substandard;
17.3.4 will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
17.4 If we can’t supply certain goods (such as 100% pure linen covers) we may need to substitute them with alternative goods of equal or better standard and value. In this case:
17.4.1 we will let you know if we intend to do this but this may not always be possible; and
17.4.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
18.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
18.1.1 visit our webpage: [https://makerandson.com/pages/delivery-guarantee-returns];
18.1.2 contact us using the contact details at the top of this page; or
18.1.3 visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
18.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
18.3 Please contact us using the contact details at the top of this page, if you want:
18.3.1 us to repair the goods;
18.3.2 us to replace the goods;
18.3.3 a price reduction; or
18.3.4 to reject the goods and get a refund.
19.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
20.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
20.1.1 losses that:
20.1.2 were not foreseeable to you and us when the contract was formed;
20.1.3 that were not caused by any breach on our part;
20.1.4 business losses; and
20.1.5 losses to non-consumers.
21.1 We will try to resolve any disputes with you quickly and efficiently.
21.2 If you are unhappy with:
21.2.1 the goods;
21.2.2 our service to you; or
21.2.3 any other matter,
21.2.4 please contact us as soon as possible.
21.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
21.3.1 let you know that we cannot settle the dispute with you; and
21.3.2 give you certain information required by law about alternative dispute resolution providers [https://www.citizensadvice.org.uk/consumer].
21.4 If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
21.5 The laws of England will apply to this contract.
22.1 No one other than a party to this contract has any right to enforce any term of this contract. However, if a person acquires the goods lawfully from you, you may transfer our guarantee to that person. This also applies where we have provided services in respect of an item you have transferred.