Terms and Conditions

1. Store Retail Terms and Conditions

1.         Interpretation

1.1.The definitions in this condition apply in the terms and conditions set out in this document:

"Contract" means the Contract between you and us for the sale and purchase of the Products which shall be formed in accordance with condition 2.6;

"Force Majeure Event" shall have the meaning given in condition 10;

"Products" means the furniture/furnishing products that we are selling to you as set out in the Order;

"Order" means your order for the Products as set out overleaf;

"terms and conditions" means the terms and conditions of sale set out in this document;

"we", "us" or "our" is a reference to A. Share & Sons Limited T/A ScS a limited company registered in England and Wales under company number 000323778, whose registered and trading address is at 45-49 Villiers Street, Sunderland, SR1 1HA, VAT number 605 6320 68;

"you" or "your" is a reference to the person named in the Order to whom we are supplying the Products in accordance with these terms and conditions.

1.2. Headings do not affect the interpretation of these terms and conditions.

1.3 References to "writing" or "written" includes faxes, e-mail and SMS.

2.         Basis of Sale

2.1. These terms and conditions, the Order and subject to condition 2.2 below any document expressly referred to in them are considered by us to set out the whole agreement between you and us for the sale of the Products where you place your Order for the Products in or with one of our retail stores. If you wish to purchase a product with one of our internet shopping advisers over the telephone or online please refer to our terms and conditions that specifically govern those sales that can be found on our website located at www.scs.co.uk. Please check that the details in these terms and conditions and in the Order are complete and accurate before you commit yourself to the Contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. Please ensure that you read and understand these terms and conditions before you sign the Order, because you will be bound by the terms and conditions once a contract comes into existence between us, in accordance with condition 2.6.

2.2. Notwithstanding the provisions of condition 2.1 above, if you have chosen to pay by one of our easy payment options you will be required to enter into a separate finance agreement with one of our finance providers. The finance agreement is a separate agreement to the Contract entered into between you and us for the sale of the Products and therefore in the event that you cancel the finance agreement, our Contract shall remain in full force and effect and you shall be bound by these terms and conditions including in respect of payment for the Products. If you cancel the finance agreement you must therefore find an alternative method of payment.

2.3. Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Products they describe. They do not form part of the Contract between you and us or any other contract between you and us for the sale of the Products.

2.4. If any of these terms and conditions are inconsistent with any term of the Order, the Order shall prevail.

2.5. The Order is an offer by you to enter into a legally binding contract to buy a Product, which we are free to accept or decline at our absolute discretion.

2.6. These terms and conditions shall become binding on you and us when the Order is signed by you and by one of our SCS sales representatives on behalf of us, at which point a legally binding Contract shall come into existence between us.

2.7. All Products are bespoke and handmade to your specification (unless they are clearly identified on the Order as "stock furniture") and as such, you will not have any right to cancel the Contract or return the Products once delivered unless the Product is defective or, if we in our absolute discretion, agree to cancel your Order. Where we agree to cancel your Order we shall notify you in writing that the Contract between us has been cancelled and we shall be entitled to retain up to 25% (twenty five percent) of the purchase price for the Products paid by you or, where insufficient funds have been paid by you at the time of cancellation we may charge you for cancelling the Order in such amount as we shall in our sole discretion decide up to a maximum sum of 25% (twenty five percent) of the purchase price for the Product. The amount of any monies retained or charged by us under this condition 2.7 shall be decided by us taking into account the losses and costs that we will reasonably suffer because of your cancellation up to a maximum amount of 25% (twenty five percent) of the purchase price.

2.8. You may make a request to amend your Order within 7 (seven) calendar days of placing your Order by providing us with a written notice which clearly sets out the amendment. If you want to change the Product that you have ordered we will only agree to amend your Order where you request to order another product or products of the same or similar value (as we shall acting reasonably in our sole discretion decide) to the purchase price of the original Product ordered by you as set out on the Order. Where we agree to amend your Order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your written request for amendment, except that where the amendment results from our failure to comply with these terms and conditions you shall have no liability to us for it.

2.9. We have the right to revise and amend these terms and conditions, or any part of them, from time to time, including but not limited to, revisions and amendments to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our working methods or system's capabilities. You will be subject to the policies and terms in force at the time that you order the Products from us, unless any change to those policies or these terms and conditions is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).

3.         The Products

3.1. We offer our usual warranty (see conditions 3.2 to 3.5 below) on all Products. On certain product lines, we also offer an extended warranty (please ask your ScS sales representative which of our product lines carry an extended warranty).

3.2. From the date of delivery the Products we warrant that the Products will:

3.2.1. conform in all material respects with their description subject to any qualification or representation contained in the Order, brochures, advertisements or other documentation;

3.2.2. be of satisfactory quality;

3.2.3. be fit for any purpose we say the Products are fit for or for any reasonable purpose for which you use the Products;

3.2.4. be free from material defects in design, material and workmanship; and

3.2.5. comply with all applicable statutory and regulatory requirements for selling the Products in the United Kingdom.

3.3. Our usual warranty applies to Product components for the following periods:

3.3.1. interiors (foam, fibre fill, feathers etc) and cover 12 (twelve) months;

3.3.2. electrical components, recliner mechanisms and bed frame mechanisms 24 (twenty-four) months; and

3.3.3. frames, and structural defects on occasional furniture and dining ranges 10 (ten) years

however please note that you will have to pay a call out charge of £75 including VAT (seventy-five pounds) if you wish to make a warranty claim at any time on or after 12 (twelve) months from and including the date of delivery of the Products. If the Product is defective, then any repair will be covered by our usual warranty.

3.4. This usual warranty covers defects arising from normal domestic home use only and is in addition to your legal rights in relation to Products which are unaffected by this warranty. That means that if the Products are faulty or do not otherwise conform to these terms and conditions you may have legal rights against us in addition to the rights you have under our usual warranty. Advice about your legal rights is available from your local trading standards office or the consumer advice website: www.consumerdirect.gov.uk.

3.5. This usual warranty does not apply to any defect in the Products arising from wilful damage, accident, negligence by you or any third party, or any commercial or institutional use, if you use the Products in a way that we do not recommend, your failure to follow our instructions contained in our Care Guide, any alteration or repair you carry out without our prior written approval or to any Products purchased off the shop floor in accordance with condition 3.8 below, where any defects in the Products purchased have been set out on the inspection sheet prior to signing and acknowledged and accepted by you.

3.6. We will take reasonable steps to pack the Products properly and to ensure that you receive your Products in good condition.

3.7. These terms and conditions apply to any repaired or replacement Products we supply to you in the unlikely event that the original Products are faulty or do not otherwise conform with these terms and conditions.

3.8. If you order stock furniture Products off the shop floor, you must carry out a full inspection of the Products prior to placing your Order. In the event that the Product is found the have any faults (including but not limited to faults arising from general wear and tear), you must notify the SCS sales representative prior to signing the Order. All faults must be identified by you and the SCS sales representative and listed on a separate inspection sheet (as provided by the SCS sales representative) and signed by you and the SCS sales representative. By signing the inspection sheet you accept those faults listed on the inspection sheet. The inspection sheet shall form part of the Contract between you and us. You are not entitled to cancel or amend any Contract entered into for the purchase of stock furniture Products off the shop floor except where the Product is defective for a reason not listed on the inspection sheet.

4.         Price and payment

4.1. The price of the Products will be the amount set out in the Order. Prices are liable to change at any time, but subsequent price changes will not affect the price for the Products stated in your Order at the time of placing your Order.

4.2. You must pay the deposit for the Products at the time of placing your Order in store, unless we, in our absolute discretion, agree that the deposit can be paid by you within 7 (seven) working days of the day on which you place your Order in store.

4.3. All outstanding balances must be received by us no later than 48 (forty eight) hours before the agreed delivery date unless you are choosing one of our easy payment methods, in which case payment must be made in accordance with the relevant finance documentation. We will not dispatch your Products for delivery until we have received cleared funds from you for the full amount due. If you choose to make payment by cheque, please note that it will take up to 10 (ten) working days for the cheque to clear and therefore delivery of your Order may be delayed while the cheque clears.

4.4. All prices quoted include VAT.

4.5. These prices include our standard delivery charge as stated on the Order but exclude any extra delivery charges that may become payable by you under condition 6 below.

4.6. As at September 2011, a standard delivery charge for dining furniture Products of £88.00 (eighty-eight pounds) and of £59.00 (fifty nine pounds) for all other Products is made for our delivery and installation service for deliveries made in mainland UK, within a 30 (thirty) mile radius of any ScS store. If you wish your Product to be delivered outside of the 30 (thirty) mile radius we will provide you with a personal delivery and installation quotation. Our delivery costs are subject to change and you should consult our website for up-to-date delivery charges which can be found online at www.scs.co.uk.

4.7. It is always possible that, despite our best efforts, a Product may be incorrectly priced on the Order. We will normally check prices as part of our dispatch procedures so that, where a Product's correct price is less than the price stated on the Order, we will refund to you the difference between the correct price and the price paid by you. If a Product's correct price is higher than the price stated on the Order, we will normally, at our discretion, either contact you for instructions before dispatching the Product or, reject the Order, refund your deposit and any other payment you have made and tell you that we have done so. In any event, if the price stated on the Order is incorrect we do not have to provide the Products to you at the incorrect (lower) price and may reject the Order and provide you with a full refund. If you have chosen to pay by one of our easy payment options you may be required to revisit the store where you placed your Order to sign relevant documentation to reflect any changes required to be made to the finance agreement as a result of a pricing error made by us under this condition 4.7.

4.8. Payment must be made by cheque (made payable to ScS), credit or debit card unless you are choosing one of our easy payment methods, in which case payment must be made in accordance with the relevant finance documentation. We accept payment with Visa, Mastercard, Electron, Maestro, Visa Debit, V Pay and Solo. All card payments are subject to authorisation by your card issuer. We will charge your credit or debit card for the deposit when you place your Order and when you subsequently pay the balance.

4.9. If you do not make any payment due to us by the due date for payment (as set out in this condition 4), we may charge interest to you on the overdue amount at the rate of 4% (four percent) a year above the Bank of England base lending rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.

4.10. In the event that you attempt to make payment via one of our easy payment methods or, by cheque, credit or debit card and cleared funds are not received by us (for example, if your card is declined or your cheque bounces) we may instruct our external debt collectors to collect the monies due from you under this Contract. Where we instruct an external third party debt collector we reserve the right to charge you, in addition to the overdue amount and any other remedies or rights that we may have, for any charges reasonably incurred by us in instructing an external third party debt collector or alternatively, we may retain all or part of the deposit paid by you for the Products.

4.11. Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.

4.12. Conditions 4.9 and 4.11 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly that you dispute it.

5.         Delivery

5.1. We will deliver the Products to you or, you may collect the Products from us if agreed by us in advance (except where you have chosen one of our easy payment options, in which case you will not be permitted to collect the Products from us and we will deliver them to you). All orders for Products are subject to availability. We will inform you as soon as possible if any Product ordered by you is not available.

5.2. All deliveries will be made to the delivery address provided by you as set out in the Order. In the event that you require the Products to be delivered to an alternative delivery address to that stated in the Order you must contact us either in writing or by telephoning the store where you placed you Order to notify us of the new delivery address and you must also provide us with further personal identification (in such form as shall be requested by us) by presenting you original identification documentation at the store where you placed your Order. We must receive notification of the new delivery address and your identification not less than 5 (five) working days before the due date for delivery in order for us to process your request. Please note that where you have chosen one of our easy payment options, we will be required to also obtain the consent of the finance provider prior to changing your delivery address. If you request an alternative delivery address less than 5 (five) working days before the due date for delivery we shall be entitled to postpone the delivery date and we shall not be liable for any inconvenience caused to you due to a postponement under these circumstances.

5.3. We will take reasonable steps to fulfil your Order within the relevant delivery lead time (in weeks) as stated in the Order. Please note however, that all delivery lead times quoted are approximate only and delivery may vary by up to 4 (four) weeks earlier or up to 4 (four) weeks later than the stated delivery lead time. All delivery lead times start from the day the Contract between you and us is formed. If you choose to pay for your Order by one of our easy payment options the approximate delivery times will start once you have agreed and signed your finance documentation and the Order.

5.4. In some circumstances the manufacture and delivery of your Products may be delayed through circumstances beyond our control and your Products will be delivered to you within any revised lead time notified to you by us, unless there are exceptional circumstances. We will, of course, make every effort to keep you informed of any changes to the expected delivery lead time.

5.5. Where the manufacture and delivery of your Products is delayed through circumstances beyond our control for example, where the delay is due to one of our suppliers we may refund to you the delivery charges paid by you or, we may in certain limited circumstances offer a partial refund of the price paid for the Products in such amount as we shall in our absolute discretion decide. Any payment refunded by us under this condition 5.5 shall be made by us to you by way of a refund of the delivery charges or of the original purchase price paid for the Products and is not a compensation payment.

5.6. In the unlikely event that we become unable to fulfil your Order due to circumstances beyond our control for example, due to the action or inaction of one of our suppliers, we will notify you that the Contract between us has been cancelled and we will provide you with a full refund (less any refund already paid to you under condition 5.5 above).

5.7. Delivery of the Order shall be completed when we deliver the Products to you or where in certain limited circumstances you collect them from us.

5.8. Once your Product is ready for delivery to you it will be sent to the local ScS distribution centre and our distribution team will contact you either by telephone or in writing where we have been unable to contact you on the telephone to arrange a convenient date for delivery to your delivery address. Please note however, that we are unable to offer a timed delivery service and any delivery times given, are estimates only. Please ensure you have provided us with accurate contact details so that we may arrange to deliver your Order as quickly as possible. We are unable to store Products at the relevant ScS distribution centre for longer than 5 (five) working days following receipt.

5.9. On the day of delivery, please ensure that the delivery team can gain easy access to the room that your Product is going into (see condition 6 below for details of when we may charge extra delivery charges). Please make sure that the area you want the Product placed is cleared. Our delivery team will unpack the Product, install it in the room of your choice and remove all packing materials from your home and recycle wherever possible. Please inspect your Product carefully before signing for it. Unfortunately, we are not able to take away your old furniture and you should make your own arrangements for this.

6.         Extra delivery charges

6.1. You must tell us when placing your Order in the box provided, under 'delivery instructions', about any special factors that may result in delivery being more costly and/or taking longer than it otherwise would have, such as parking restrictions or small entrances. Upon notifying us of any special factors we may revise our standard delivery charge to take into account any special factors that we consider may result in additional costs to us.

6.2. Extra charges for delivery may apply in any of the following circumstances:

6.2.1. If we need to take remedial action in order to place the Products into the room for which they were intended (for example, removal of internal doors). We will not undertake any remedial action without first obtaining your consent;

6.2.2. If delivery is more costly and/or takes longer than it otherwise would have because of any special factors that you failed to tell us about when placing your Order;

6.2.3. If the Products need to be redelivered because of access problems (for example, small door frames and window frames, awkward turns, narrow passages, steps etc) at the delivery address or, because the Products would not fit into the room for which they were intended;

6.2.4. If the Products need to be redelivered because there was no-one at the delivery address aged 18 (eighteen) or over to sign for the Products at the time of delivery.

6.3. If you need to inform us of any special factors regarding your delivery after you have placed your Order please notify the SCS store where you placed your Order by either telephoning the store or notifying us in writing. Upon notifying us of any special factors we may revise our standard delivery charge to take into account any special factors that we consider may result in additional cost to us.

6.4. We will let you know if any extra delivery charges are payable and the amount of the extra delivery charges. However, where the Products need to be redelivered as a result of any of the circumstances arising as set out in condition 6.2 above we will charge you £25.00 (twenty five pounds) for each re-delivery attempt that we are required to make within our standard delivery area (deliveries in mainland UK within a 30 (thirty) mile radius of any ScS store). We will advise you of the extra delivery charges payable by you for each re-delivery attempt that we are required to make outside of our standard delivery area (i.e. outside a 30 (thirty) mile radius of any ScS store). You must pay these charges before delivery or re-delivery (as appropriate) or, if charged after delivery, within 5 (five) working days of receiving notice of those extra delivery charges.

6.5. If we attempt to deliver Products to a delivery address but delivery is, in our opinion, impossible or impractical, you may notify us of an alternative delivery address and we will redeliver to that alternative delivery address. Where you require us to deliver to an alternative delivery address you will be required to provide to us with personal identification in accordance with the provisions set out in condition 5.2 above and in the case of payment by one of our easy payment options, consent of the finance provider will also be required prior to changing your delivery address. However, if we do not hear from you with a suitable alternative delivery address within 5 (five) working days of the attempted delivery, then we may cancel your Order and deduct a charge for our administration, transit and storage costs which will be no more than 25% (twenty five percent) of the price of the Products from your refund.

6.6. If delivery proves, in our opinion, to be impossible or impractical on 2 (two) or more occasions because of access problems, the goods will not fit into the room for which they are intended or because there was no-one at the delivery address aged 18 (eighteen) or over to sign for the Products at the time of delivery, then we may cancel the Contract and deduct a charge for our reasonable administration, transit and storage costs which will be no more than 25% (twenty five percent) of the price of the Products from your refund.

7.         Title and risk

7.1. The Products will be your responsibility and at your risk from the time of delivery.

7.2. Ownership of the Products will only pass to you when we receive payment in full of all sums due for the Products, including delivery charges.

7.3. Notwithstanding conditions 7.1 and 7.2 above, where you have decided to pay for your Products by one of our easy payment options, ownership of the Products and risk will only pass to you in accordance with the terms of your finance documentation.

8.         Defective goods and returns

8.1. In the unlikely event that the Products do not conform with these terms and conditions, please let us know as soon as possible after delivery. We will arrange to inspect the Products on a date agreed between us and once we have checked that the Products are faulty, we will:

8.1.1. provide you with a full or partial refund (the amount of any refund will be decided by us, in our absolute discretion, taking into account factors such as the age of the Products and the length of time that you have owned the Products); or

8.1.2. replace the Products; or

8.1.3. repair the Products.

8.2. Please note that where we agree to collect the Products due to a fault or defect pursuant to condition 8.1 above and agree to either provide you with a refund (full or partial) or replace or repair the Products, you are required to ensure that the Products are returned to us on the date of collection in a satisfactory condition allowing for normal wear and tear expected in relation to the age of the Product and excepting the fault or defect for which the Product is being returned.

8.3. These terms and conditions will apply to any repaired or replacement Products we supply to you.

9.         Limitation of liability

9.1. Subject to condition 9.3, if either of us fails to comply with these terms and conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms and conditions.

9.2. Neither of us shall be responsible for losses that result from our failure to comply with these terms and conditions including, but not limited to, losses that fall into the following categories:

9.2.1. loss of income or revenue;

9.2.2. loss of business;

9.2.3. loss of anticipated savings;

9.2.4. loss of data; or

9.2.5. any waste of time.

However, this condition 9.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.

9.3. This condition does not include or limit in any way our liability for:

9.3.1. death or personal injury caused by our negligence; or

9.3.2. fraud or fraudulent misrepresentation; or

9.3.3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Products and Services Act 1982; or

9.3.4. losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or

9.3.5. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

10.         Events outside our control

10.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control (Force Majeure Event).

10.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:

10.2.1. delays caused by one of our suppliers;

10.2.2. strikes, lock-outs or other industrial action; or

10.2.3. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or

10.2.4. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or

10.2.5. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or

10.2.6. impossibility of the use of public or private telecommunications networks;

10.2.7. the acts, decrees, legislation, regulations or restrictions or any government.

10.3. Our obligations under these terms and conditions are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms and conditions can be performed despite the Force Majeure Event.

11.         Assignment

You may not transfer any of your rights or obligations under these terms and conditions to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these terms and conditions to another organisation, but this will not affect your rights under these terms and conditions.

12.         Notices

All notices sent by you to us must be in writing and sent to A. Share & Sons Limited T/A ScS at 45-49 Villiers Street, Sunderland, SR1 1HA or, by fax to 0191 510 9048 or, by email at scsonline@scs.co.uk or, only where explicitly stated in these terms and conditions, by telephone by calling the store where you placed your Order (all store telephone numbers can be found on our website). We may give notice to you at either the e-mail or postal address or via the contact telephone number you provide to us in the Order. Notice will be deemed received and properly served 24 (twenty four) hours after an e-mail is sent or two working 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 the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that the e-mail was sent to the specified e-mail address of the addressee.

13.         General

13.1. If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

13.2. If we fail, at any time while these terms and conditions are in force, to insist that you perform any of your obligations under these terms and conditions, or if we do not exercise any of our rights or remedies under these terms and conditions, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms and conditions shall be effective unless we expressly say that it is a waiver and we tell you so in writing.

13.3. A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

13.4. These terms and conditions shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.

1. Website and Telephone Terms and Conditions

This page (together with the documents referred to on it) tells you the terms on which you may access, browse and use the website at www.scs.co.uk (our site) and the terms and conditions on which we supply any of the products listed on our site from time to time including furniture, furnishings, flooring, bedding and accessories (Products) to you where you place your order for those Products online or by telephone with an internet shopping adviser after browsing our site (terms and conditions).

These terms and conditions are made up of four sections:

• Section 1: Information about us
• Section 2: Terms and conditions of sale
• Section 3: General
• Section 4: Website terms

Please read these terms and conditions carefully before using our site and/or before ordering any Products from us. You should understand that by using our site and/or by ordering any of our Products through our site or by telephone, you agree to be bound by these terms and conditions and that they form a legally binding agreement (our agreement) between us relating to any visits to our site and any Products ordered by telephone or via our site.

You should print or save a copy of these terms and conditions for future reference.

Please understand that if you refuse to accept these terms and conditions, you should not use our site and will not be able to order any Products through our site or by telephone.

Section 1: Information about us

www.scs.co.uk is a site owned and operated by A. Share & Sons Limited T/A ScS (we). We are a limited company registered in England and Wales under company number 000323778 and with our registered office and trading address at 45-49 Villiers Street, Sunderland, SR1 1HA. Our VAT number is 605 6320 68. You can contact us via the enquiry form on our site or on 0800 7310048 or at scsonline@scs.co.uk.

Section 2: Terms and Conditions of Sale

This section 2, along with sections 1 and 3, sets out the terms on which we will supply you with the Products listed on our site. Section 2.2 deals with placing orders for Products with an internet shopping adviser by telephone and section 2.3 deals with placing orders for Products online. Section 2.4 applies to both online and telephone orders.

2.1. General - placing orders online or by telephone

2.1.1. Service Availability

Our site is only intended for use by people resident in the United Kingdom and deliveries of Products (whether ordered by telephone or online) will only be made to home addresses within the UK mainland (England, Wales and Scotland (excluding Scottish Highlands)) and within our standard delivery area, for the applicable standard delivery charge (see sections 2.4.2 and 2.4.4 and our Delivery Guide for details).

We may be able to deliver to non-UK mainland destinations, including for example, the Isle of Man and the Isle of Wight and remote destinations such as the Scottish Highlands. If we can, those destinations will be subject to a bespoke delivery charge which we will confirm with you. We currently do not deliver to Northern Ireland. We do not accept orders from individuals outside the UK.

2.1.2. Your status

By placing an order through our site or by telephone, you warrant that:

• you are legally capable of entering into binding contracts;
• you are at least 18 years old (or at least 20 years old if you are purchasing using one of our easy payment options);
• you are resident in the UK; and
• you are accessing our site from the UK .

2.1.3. Issues to consider

We will be delighted to answer any questions you may have before you place any order online or by telephone, but here are some things you might like to consider:

• Do I want to order any extra items such as a matching footstool or a chair at a later date? If so, please note that there might be slight colour shade variations and it is therefore best to order all the furniture you require at the same time.
• Can access be gained easily for the furniture to be delivered? Are the doors wide enough; are there any awkward stairs, lifts or passageways?
• Will the furniture fit into the room?
• Should I visit an ScS store before I place my order? We strongly recommend that you do. As well as looking at the colour and size and texture of Products in store, you might also find it helpful to try the comfort or feel of the Product. We offer swatches for a few products, but those will give you limited information only. We therefore strongly recommend that you visit an ScS store to check the colour and range of other options available before you buy. Unfortunately it is not currently possible to try out bedding in our stores.

When browsing online remember:

• The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's or device's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
• Although we have made every effort to be as accurate as possible, because some of our Products are handmade, sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
• The packaging of the Products may vary from that shown on images on our site.

2.2. Telephone Sales

2.2.1. How to place an order

The information about the Products on our site constitutes an “invitation to treat” and is not a contractual offer from us which you may accept. This means that we reserve the right to correct any errors in that information without liability to you. It also means that in no circumstances will we be contractually bound to supply you with Products on the basis of any incorrect information, even if that information is repeated in your order.

You may order Products with an internet shopping adviser over the telephone by calling us on 0800 7310048 or by completing the call back enquiry form on our site. Lines are open 7 days a week including bank holidays during the hours stated on our site. Calls from landlines are free; most mobile calls will incur a charge: please check with your mobile provider before calling.

Your internet shopping adviser will explain the order process to you on the telephone and answer any queries you may have.

2.2.2. Information you should have ready to help us take your order

If you decide you would like to place an order for Products with us over the telephone, please have the following information ready as it with help us to process your order:

• Your name, contact details and full address including post code;
• Details of the Product or Product range you are interested in, including the colour if applicable;
• Confirmation of how you would like to pay for the Products (remember a delivery charge will normally apply – please see section 2.4.4 and our Delivery Guide for details);
• Details of your full or part-time working arrangements if you are purchasing using one of our finance options.

2.2.3. Acknowledgement and acceptance of your order

Your order constitutes an offer to us to buy a Product. All orders are subject to acknowledgement by us, and we will confirm that acknowledgement to you by sending you confirmation of order paperwork which will include a copy of these terms and conditions (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation or, if you choose one of our easy payment options, when we receive your signed finance documents and sales contract (but you can still cancel the Contract within any cancellation period specified in those documents). The paperwork will usually be sent to you by 1st class post to arrive within 5 working days of the day you placed your order. Please note that the arrival of the paperwork may be affected by any postal strikes.

The Contract will relate only to those Products confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until we have confirmed the order of those Products in a separate Order Confirmation.

2.3. Online Sales

2.3.1. The information on our site

The information about the Products on our site constitutes an “invitation to treat” and is not a contractual offer from us which you may accept. This means that we reserve the right to correct any errors in that information without liability to you. It also means that in no circumstances will we be contractually bound to supply you with Products on the basis of any incorrect information, even if that information is repeated in your order.

2.3.2. How to place an order

You may order Products by following our online order process which includes the following key steps:

• Choose the Products you wish to purchase;
• You may now have the option of specifying bespoke elements of your Products, such as the fabric, colour(s), size and trim and other features;
• Add the Products to your basket; you may be asked to confirm your postcode to check we can deliver to your area;
• You may also be offered the option of adding or removing complementary Products or a collection service for your old bed/mattress;
• The indicative delivery price (and collection price) will be shown; this will be confirmed when you provide the delivery address. You may have the option of collecting the Product from store free of charge.
• You can now choose whether to pay by debit/credit card, PayPal or (if available for the particular Product) by an easy payment option;
• You will be asked to register your personal details, including your delivery address;
• If you pay by debit/credit card, you will be asked to input your debit/credit card details;
• If you pay by PayPal, you will be asked to log into your PayPal account and follow the instructions;
• If you choose to pay by an easy payment option you will need to speak to us to complete your order and an ScS adviser will call you back to complete the finance application;
• Finally, you will be asked to place your order.

2.3.3. How to correct errors

You are able to correct errors in your order up to the point at which you click on ‘place your order’ on the final page of our ordering process by clicking on the ‘back’ button and correcting the relevant errors. Alternatively you can go back and remove the relevant Product from your online basket and begin the process again.

2.3.4. The Contract

After placing an order, you will receive an email from us acknowledging receipt. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm our acceptance of your order by email (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation, not when you receive our acknowledgement.

We do not file details of your order for you to access and you should therefore save or print a copy of these terms and conditions which are made available to you before clicking on ‘place your order’. You should also save and print a copy of the acknowledgement of order email and the Order Confirmation you receive from us. The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of those Products has been confirmed in a separate Order Confirmation.

All Contracts are concluded in English.

2.4. General

2.4.1. Easy payment (finance) options

We offer a range of easy payment options to help you purchase your Products, details of which can be found on our site or will be provided to you on request. You must be at least 20 years of age and either self-employed or in full or part time employment, retired or in receipt of Disability Living Allowance to be considered for one of our easy payment or finance options. All applications are subject to status and acceptance. You cannot apply for an easy payment option online: you must speak to one of our telephone shopping advisers and then sign and return the paperwork we send you.

Please contact us on 0800 7310048 or scsonline@scs.co.uk if you require further details.

2.4.2. Availability and Delivery

All orders for Products are subject to availability. We will inform you as soon as possible if any Products you have ordered are not available and will not process your order for those Products. All deliveries will be made to your home address only, and where you have used one of our easy payment options, the Products must be delivered over the threshold.

Your order will be fulfilled within the relevant delivery lead time (in days or weeks) as notified to you by us. Please note however, that all delivery lead times quoted are approximate only. All delivery lead times start from the day the Contract is formed, which is when we send you the Order Confirmation, or if you choose one of our easy payment options, when we receive your signed finance documents and sales contract.

In some circumstances, particularly where your Product is being made to order, delivery may be delayed through circumstances beyond our control and your Product will be delivered to you within any revised lead time notified to you by us, unless there are exceptional circumstances. We will, of course, make every effort to keep you informed of any changes to the expected delivery time.

Once your Product is ready for delivery you will be contacted to arrange a convenient time and date for delivery. Please ensure you have provided us with accurate contact details so we can deliver your order as quickly as possible. We are usually unable to store Products at our ScS distribution centres for longer than 7 working days following receipt.

On the day of delivery, please ensure that the delivery team can gain easy access to the room that your Product is going into. Please make sure that the area you want the Product placed is cleared. Our delivery team will unpack the Product, place it in the room of your choice and remove all packing materials from your home and recycle wherever possible. Please inspect your Product carefully before signing for it. If your Product is faulty, please tell the driver who will be able to advise you on your options or call our dedicated helpline 0800 6046344. Unfortunately, unless we offer a specific collection service for the particular Product in question, we are not able to take away your old furniture and you should make your own arrangements for this.

We do not fit carpet, vinyl and laminate flooring.

If your Product has to be redelivered, there may be an additional redelivery charge, which will be set out in the Order Confirmation and in our Delivery Guide. All redelivery charges will reflect our direct costs of redelivery and will be notified to customers in advance.

Please see our Delivery Guide for delivery prices and further details of delivery.

2.4.3. Risk and Title

The Products will be at your risk from the time of delivery.

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 costs.

2.4.4. Price and Payment

The price of any Products will be as quoted on our site from time to time or over the telephone to you, except in cases of obvious error. These prices include VAT but exclude any applicable delivery costs, which will be added to the total amount due as set out in our Delivery Guide.

Prices are liable to change at any time, but changes will not affect orders for which we have already sent you an Order Confirmation.

Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

Payment for all Products must be made by credit or debit card or through a PayPal account unless you are choosing one of our easy payment methods, in which case payment must be made in accordance with the relevant finance documentation you sign and return to us. We accept payment with Visa, Mastercard, Electron, Maestro, Visa Debit, V Pay and Solo. All card payments are subject to authorisation by your card issuer. We will charge your credit or debit card when you place your order.

2.4.5. Customer Services

You may receive a care guide with your Product which will provide you with information about how to care for your Product and what to do if there is a problem (Care Guide). You can also download the Care Guide at any time from our site. If you have any queries regarding your order you should refer to the Care Guide in the first instance.

If you need to speak to us about your order prior to delivery having taken place please contact the internet and telephone customer services team on 0800 7310048 or by email at scsonline@scs.co.uk.

If you need to speak to us about your order once delivery has taken place please contact our after sales customer services team on 0800 7310048 or by email at scsonline@scs.co.uk.

2.4.6. Your Guarantee

Relevant Products comply with applicable fire safety regulations for general domestic use only. If you require a Product with different fire safety compliance or a Product for commercial use you should be aware that our Products may not be suitable for this purpose and you should take your own independent advice before placing any order with us.

We offer our usual warranty (see conditions a to f below) on all furniture and bedding Products. On certain product lines, we also offer an extended warranty (please ask your ScS sales representative which of our product lines carry an extended warranty).

a. From the date of delivery the Products we warrant that the Products will:

• conform in all material respects with their description subject to any qualification or representation contained in the Order, brochures, advertisements or other documentation;
• be of satisfactory quality;
• be fit for any purpose we say the Products are fit for or for any reasonable purpose for which you use the Products;
• be free from material defects in design, material and workmanship; and
• comply with all applicable statutory and regulatory requirements for selling the Products in the United Kingdom.

b. Our usual warranty applies to Product components for the following periods:

• interiors (foam, fibre fill, feathers etc) and cover – 12 (twelve) months;
• electrical components, recliner mechanisms and bed frame mechanisms – 24 (twenty-four) months; and
• frames, and structural defects on occasional furniture and dining ranges – 10 (ten) years

however please note that you will have to pay a call out charge of £75 including VAT (seventy-five pounds) if you wish to make a warranty claim at any time on or after 12 (twelve) months from and including the date of delivery of the Products. If the Product is defective, then any repair will be covered by our usual warranty.

c. This usual warranty covers defects arising from normal domestic home use only and is in addition to your legal rights in relation to Products which are unaffected by this warranty. That means that if the Products are faulty or do not otherwise conform to these terms and conditions you may have legal rights against us in addition to the rights you have under our usual warranty. Advice about your legal rights is available from your local Citizens Advice Bureau, website www.adviceguide.org.uk or Trading Standards office.

d. This usual warranty does not apply to any defect in the Products arising from wilful damage, accident, negligence by you or any third party, or any commercial or institutional use, if you use the Products in a way that we do not recommend, your failure to follow our instructions contained in our Care Guide, any alteration or repair you carry out without our prior written approval.

e. These terms and conditions apply to any repaired or replacement Products we supply to you in the unlikely event that the original Products are faulty or do not otherwise conform with these terms and conditions.

f. This guarantee is provided by ScS and is conditional on the Product remaining within the UK. The guarantee is provided to the purchaser only and is non-transferable. Your statutory rights are not affected.

2.4.7. Cancellation and Returns

Cancellation

a. Cancelling Contracts for defective Products

If any Product has been delivered and you suspect that it is defective, please contact us straight away on our dedicated helpline 0800 7310048. We will discuss with you whether it is most appropriate to repair or reject the Product.

If it is a minor fault such as a scuff, it is usually most appropriate to repair the Product under the warranty. If it is most appropriate to reject it, the Product will need to be returned. Please see the returns section below which tells you how to return a Product.

Once the Product has been returned, we will double-check to see if we can repair it under the warranty and if we can, we will discuss that option with you.

If your defective Product cannot be repaired, we will let you know of any refund due to you as soon as possible. We will send you a refund of the Product price and delivery charge as soon as we can and in any event within 30 days of confirming a refund was due.

We will give you a full refund for defective Products we cannot repair. We will also either collect the defective Product free of charge (we will aim to do that within 30 days) or refund the cost incurred by you in returning the item to us (if we cannot collect the Product).

Your rights under our usual warranty in section 2.4.6 and your legal rights are not affected by this section.

b. Cancelling during the cooling off period

If you are a consumer you have a legal right to cancel the Contract and return the Product to us during the "cooling off period".

The "cooling off period" starts when we send you the Order Confirmation and ends on the expiry of the period of 7 working days beginning with the day after the day on which you receive the product. 'Working days' means Monday-Friday excluding public holidays.

You can return any product you have bought exclusively through our site/by telephone as long as (i) it has not been not made to order or (ii) it is in (or can be restored to) the same physical state it was supplied in.

i. Made to order Products.

Almost all of our sofa Products are bespoke and handmade to your specification and we cannot therefore accept any returns or exchanges unless the Product is defective. As such, once your order has been confirmed by us you will not have any right to cancel the Contract or return the Product after delivery unless it is defective. Please carefully consider your decision to place an order before doing so. We strongly recommend that you visit an ScS store to check the colour, feel and range of other sofa options available before you buy.

ii. Products that by reason of their nature, cannot be returned

We cannot accept returns of a Product that is not in (or can be restored to) the same physical state it was supplied in. That means you cannot return our carpets, vinyl or laminate lengths after they have been cut and fitted, unless they are defective. You can, however, return flooring lengths uncut, before they have been laid, during the cooling off period.

To notify us of your decision to cancel during the cooling off period, either email us at scsonline@scs.co.uk or write to us at A. Share & Sons Limited T/A ScS at 45–49 Villiers Street, Sunderland, SR1 1HA. You will need to return your cancelled Products to us. Please see the returns section below which tells you how to do that. We will pay for returning a Product if it is defective. You will pay our collection charge or (if we cannot collect the Product, the return costs) if the Product is not defective. We will process any refund due to you for the price of the product already paid, and the delivery charge as soon as we can and in any event within 30 days of the date of your cancellation notice.

Smaller stock items such as Care Kits can be returned by post to ScS Online, 45–49 Villiers Street, Sunderland, SR1 1HA. Please use a traceable method of posting as we cannot be responsible for any items lost in transit.

If your product is defective, please call us on 0800 7310048 to discuss repair or return options. Please see our section 2.4.7 (a) above for further details.

Returns

a. How to return a Product

To return a Product please contact our dedicated helpline 0800 7310048. If the Product is in the UK and within our standard delivery area, we will arrange to collect the Product from you. If it is not then we will make separate arrangements with you. Alternatively customers can return a Product themselves but must exercise reasonable care in doing so.

b. Taking care of the Product before it is returned

Any returned Product must be in the same condition in which you received it. You have a legal obligation to take reasonable care of the Product while it is in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

Collection charges

Collection charges are applied on a case-by-case basis depending on the nature of the Product and where it is collected from. All collection charges will reflect our direct costs of collection and will be notified to customers in advance.

Section 3: General

3.1. Our liability

If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
• any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
• defective products under the Consumer Protection Act 1987.

3.2. Formal communications between us ("notices")

THE TIME PERIODS IN THIS SECTION DO NOT APPLY WHEN YOU SEND US CANCELLATION NOTICES UNDER SECTION 2.4.7 – THOSE NOTICES TAKE EFFECT WHEN YOU SEND THEM.

You can give us notice by email to scsonline@scs.co.uk or by post to A. Share & Sons Limited T/A ScS at 45-49 Villiers Street, Sunderland, SR1 1HA. We may give notice to you at either the email or postal address you provide to us when placing an order.

Apart from cancellation notices under section 2.4.7, which take effect when you send them, other notices will be deemed received and properly served 24 hours after an email is sent, or two working 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 the letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.

3.3. Transfer of rights and obligations

Our agreement and any Contract between you and us is binding on you and us and on our respective successors and assigns.

Your guarantee in section 2.4.6 is not transferable. Other than that, either of us may transfer the Contract, or any of our rights or obligations arising under it, without the other's prior written consent.

3.4. Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under our agreement or any Contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (but not limited to) the following:

• strikes, lock-outs or other industrial action;
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• impossibility of the use of public or private telecommunications networks; and
• the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under our agreement or 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 our agreement or any Contract may be performed despite the Force Majeure Event.

3.5. Waiver

If we fail, at any time during the term of our agreement or any Contract, to insist on 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 our agreement or any Contract, this shall not constitute a waiver of those rights or remedies and shall not relieve you from compliance with those obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the "notices" section above.

3.6. Severability

If any term of our agreement or 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, that 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.

3.7. Entire Agreement

We intend to rely on these terms and conditions and any document expressly referred to in them. If you require any changes, please make sure you ask for them to be put in writing. That way it's clear to everyone what we are each expected to do.

3.8. Our right to vary these terms and conditions We have the right to revise and amend these terms and conditions, or any part of them, at any time, including but not limited to, revisions and amendments to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our working methods or system's capabilities.

You will be subject to the policies and terms and conditions in force at the time that you access, browse or use our site or 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 Order 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 7 working days of receipt by you of the Products).

3.9. Law and jurisdiction

Any dispute or claim arising out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims) and Contracts for the purchase of Products concluded by telephone or through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the law of England & Wales. Any dispute or claim arising out of or in connection with a visit to our site or those Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England & Wales. "Non-exclusive" means that if you are in Scotland (for example) you can sue in the Scottish courts.

4. Section 4: Website terms

This section, along with sections 1 and 3, sets out the terms on which you may access, browse and use our site.

4.1. Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts or our site, or our entire site, to users who have registered with us.

If you choose or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.

When using our site, you must comply with the provisions of our acceptable use policy (see below under "acceptable use policy").

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and conditions, and that they comply with them. 4.2. Intellectual property rights We are the owner or the licensee of all intellectual property rights in our site (including but not limited to the site design, text, graphics and all software and source codes connected with the site), and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms and conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.3. Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on those materials by any visitor to our site, or by anyone who may be informed of any of its contents. This applies equally to materials posted on any social media sites linked to from this site. Please see the Social Media section below.

4.4. Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update that material.

4.5. Information about you and your visits to our site

We use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

4.6. Transactions concluded through our site Contracts for the supply of Products formed through our site or as a result of visits made by you are governed by our terms and conditions of sale (see above under "Terms and conditions of sale").

4.7. Uploading material to our site

Whenever you make use of any feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy (see below). You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any that material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, that material does not comply with the content standards set out in our acceptable use policy (see below).

4.8. Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not launch denial-of-service attacks or distributed denial-of-service attacks on our site.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

4.9. Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy (see below).

If you wish to make any use of material on our site other than that set out above, please address your request to scsonline@scs.co.uk.

4.10. Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

4.11. Social media

We have limited control over the contents any social media sites used by us and linked to from this site, such as our Facebook page or Twitter account. If you post content to those social media sites, please do so in a way that is fair and legal and does not damage our reputation or take advantage of it, or in such a way as to suggest the posting represents our views or any form of association, approval or endorsement on our part where none exists.

Our acceptable use policy below applies to your use of these social media sites, in addition to any policies of the owners of the social media sites.

4.12. Acceptable use policy

4.12.1. You may use our site only for lawful purposes. You may not use our site:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below); or
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

You also agree:

• not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our agreement;
• not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

4.12.2. Content standards

These content standards apply to any and all material which you contribute to our site (contributions). You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

• be accurate (where they state facts);
• be genuinely held (where they state opinions); and
• comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

• contain any material which is defamatory of any person;
• contain any material which is obscene, offensive, hateful or inflammatory;
• promote sexually explicit material or promote violence;
• promote discrimination of any kind;
• infringe any copyright, database right or trade mark of any other person;
• be likely to deceive any person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from us, if this is not the case; or
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

4.12.3. Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of our agreement, and may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our site;
• immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
• issue of a warning to you;
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• further legal action against you; or
• disclosure of that information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

4.12.4. Changes to our acceptable use policy

We may revise this policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

4.12.5. Your concerns

If you have any concerns about material which appears on our site, please contact scsonline@scs.co.uk.