Terms and Conditions of Online and Telephone Sales

Last updated: November 2021

    Company Information

  • A. Share & Sons Limited
  • Registered in England and Wales
  • Company number: 323778
  • VAT Registration number: 605 6320 68
  • Registered office: 45 - 49 Villiers Street, Sunderland, SR1 1HA
  • Email address: privacy@scs.co.uk

This document (together with the documents referred to in it) informs you of the terms and conditions on which you may purchase and we supply any of the products listed on our website (www.scs.co.uk) including furniture, furnishings, flooring and accessories, where you place your order for those products online, via myScSlive or by telephone with a Sales Professional after browsing our site.

These terms and conditions are made up of two sections:

  • Section 1: Terms and conditions of sale
  • Section 2: Other important terms

Section 1: Terms and conditions of sale

1.1.1 These Terms and Conditions apply to all purchases

Our site is only intended for use by people resident in the Great Britain and deliveries of products (whether ordered by telephone or online) will only be made to home addresses within mainland Great Britain (meaning England, Wales and Scotland) - (excluding Scottish Highlands and Islands) and within our standard delivery area (within a 30 mile radius of any ScS store).

We may be able to deliver to non-mainland destinations in Great Britain, 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 and we do not accept orders from individuals outside Great Britain.

1.1.2 Your status

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

  • you are legally capable of entering into binding contracts;
  • you are at least 18 years old;
  • you are resident in GB; and
  • you are accessing our site from GB.

1.1.3 Points to consider when ordering online

When ordering goods online, there are a few points that should be considered:

  • If you want to order any extra items such as a matching footstool, a chair at a later date or carpet for another room, then please note that there might be slight colour shade variations and it is therefore best to order all the furniture or flooring you require at the same time as we can't guarantee that items ordered at a later date will be exactly the same colour shade.
  • 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 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.

1.1.4 The contract

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 order confirmation paperwork which will include a copy of these terms and conditions and other information. The contract between us will only be formed when we send you the order confirmation or, if you choose to pay by finance, when we receive your signed finance documents and sales contract. The paperwork will usually be sent to you by email and will arrive within 5 working days of the day you place your order. The contract will end when both of us have performed all our obligations, including any guarantees.

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.

1.1.5 Surveyor visits

You may want a surveyor to visit and check measurements for an order of flooring products. The surveyor can calculate the final (rather than estimated) price of an order. You may ask the surveyor to give you a further quote, for example, to add another room. Any further quote you receive from a surveyor is subject to confirmation from us.

If you want to proceed with the quote, the surveyor will add that to your order under the same contract. That means you will only pay one delivery charge and that you ensure a colour match.

If you do not want to proceed with the surveyor's quote provided at the time of their visit, this quote does not form the basis of an offer for a new contract, since prices and availability of flooring products may change. Any further orders will have to be placed by telephone, online or by visiting a store.

1.2 General

1.2.1 Finance

We offer a range of finance options to help you purchase your products, details of which can be found on our website or will be provided to you on request. You must be at least 18 years of age and either self-employed or in full or part time employment, retired or in receipt of Disability Living Allowance/Personal Independence Payment to be considered.

All applications are subject to status and acceptance and are not guaranteed.

Please contact us on 0800 731 0048 or scsonline@scs.co.uk if you require further details.

1.2.2 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. All deliveries will be made to your home address only, and where you have chosen to pay by finance, the products must be delivered over the threshold of the property.

We will tell you of the delivery lead time (in weeks). All lead times are approximate only and delivery may vary by up to 4 weeks (earlier or later) than the lead time given. The delivery lead time is shown on the order. We will only take your order if you agree to the delivery lead time and its approximate nature.

In some circumstances, particularly where your product is being made to order, delivery may be delayed through circumstances beyond our control.

Once your product is ready, we will contact you to arrange to deliver it as quickly as possible. We are unable to offer a timed delivery service and any delivery times given are estimates only. We are usually unable to store products for longer than 10 days following receipt.

Please let us know when arranging delivery 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.

On the day of delivery, please ensure our delivery team can gain easy access to the room that your product is going into. If no one is available at your address to take delivery, the products will be returned to our distribution centre, in which case, please contact us to rearrange delivery.

Please inspect your product(s) carefully before signing for them. If any of your product(s) are faulty or not as described, please inform the driver who will be able to advise you on your options or call our dedicated helpline 0191 731 3300 or use our customer contact form https://enquiries.scs.co.uk/.

You will have to pay a redelivery charge if the products have to be redelivered. This will be for any of the following reasons: access problems at the address; the products would not fit into the room you intended them to go into; the delivery proved to be unsafe (e.g. a breach of health and safety legislation) or unlawful (e.g. trespass); or there was no one present at the delivery address aged 18 or over with authority to sign for delivery of the products.

If we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, we will discuss this with you and may deliver the order in instalments. We will not charge you extra for this.

If we do not deliver your products within the estimated lead time plus 4 weeks (the “delivery period”) then you may cancel your order in the following circumstances:

  • we have refused to deliver the products
  • delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
  • you told us before we accepted your order that delivery within the delivery deadline was essential.

If we have not delivered your products within the delivery period but none of those circumstances apply, you may call us to specify an appropriate further delivery period. You may cancel your order if we do not deliver within that period.

If you cancel your order for late delivery, you can do so for just some of the products or all of them, unless splitting them up would materially impair their value or character. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.

1.2.3 Title and risk

Delivery of an order will be completed when we deliver the products to the address you gave us or you (or a carrier organised by you) collect them from us. On delivery, the products will be owned by you and will be your responsibility.

1.2.4 Price and payment

The price of any products will be as quoted on our site 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.

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

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. 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, contact you for instructions before dispatching the product or, alternatively, we will 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 finance you may be required to sign relevant documentation to reflect any changes required to be made to the finance agreement as a result of a pricing error.

Payment for all products must be made by credit or debit card or through a PayPal account unless you are choosing to pay via finance, in which case payment must be made in accordance with the relevant finance documentation you sign and return to us. We accept Visa, MasterCard and American Express cards but this list may change. All card payments are subject to authorisation by your card issuer. We will charge your card when you place your order.

If you place your order by telephone, you will have to pay a deposit of at least £89. Unless another deposit amount has been agreed. Our telephone sales professionals will discuss and agree the amount of the deposit with you.

Unless you choose to pay by finance, we must receive any outstanding balance no later than 72 hours before the agreed delivery date. We will not dispatch your products until we have received cleared funds from you for the full amount due.

1.2.5 Customer services

A link to the care guide will be sent as part of the order confirmation and they are available to view at any time from our site, which provide you with information about how to care for your product and what to do if there is a problem. If you have any queries regarding your product you should refer to the care guide in the first instance.

If you need to speak to us about your order prior to delivery, please contact 0800 731 0048 or by email on scsonline@scs.co.uk.

If you need to speak to us about your order post-delivery please contact 0191 731 3300 or via the customer contact form at https://enquiries.scs.co.uk/.

1.2.6 Your guarantee

Relevant products comply with applicable fire safety regulations for general domestic use only.

We offer our usual warranty on all products for 12 months ("warranty period"). We warrant that on the date of delivery and for the warranty period, the products will be free from material defects arising from normal domestic home use for so long as the products remain in Great Britain.

This usual warranty does not apply to any defect in the products arising from willful damage, abnormal storage conditions, accident, negligence by you or any third party; any commercial or institutional use; your failure to follow our instructions contained in our Care Guide or any instructions given with the product; or any alteration or repair you carry out without our prior written approval.

You will have to pay a call out charge of £75 including VAT if you wish to make a warranty claim at any time on or after 12 months from and including the date of delivery of the products. If there is not an exact replacement available as a remedy, e.g. the product is discontinued; you may be offered a price reduction to keep the product as is, a recession based on the age of the products since delivery or we may arrange a collection of the goods. Please note if the products were bought as an end of line or discounted range any monetary value of the products will be based on the actual order price not the recommended retail value.

These terms apply to any repaired or replacement product or components we supply to you. The warranty is provided to the purchaser only and is non-transferable. This warranty does not affect your legal rights in relation to products.

If we are unable to agree a remedy, you have the right to refer your complaint to Retail ADR. Retail ADR is established and certified by the Chartered Trading Standards Institute as an independent adjudication service and is free for consumers to use. We are always legally bound by its final decision.

1.2.7 If the products are faulty

You have legal rights in relation to products that are faulty or not as described. We are under a legal duty to supply product(s) that conform to the contract. If any product has been delivered and you suspect that it is defective, please contact us on 0191 731 3300 or via our customer contact form https://enquiries.scs.co.uk/. We will discuss with you whether it is most appropriate to repair, replace 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.

Once the product has been returned, we will 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 within 14 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 legal rights are not affected by this section. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

1.2.8 Cancellation

a. Flooring

You may cancel a contract for a flooring product at any time before it is laid, but if the flooring product has already been cut, we may deduct a sum from your refund to reflect any reduction in value. You cannot cancel a contract for a flooring product that has been laid in your home (unless it is defective – in which case please see section 1.2.7 above). If you want to cancel a contract for a flooring product before it is laid please see section 1.2.8(d) below.

Cutting normally takes place once you have placed the order, or if you have received a home survey visit, once we have confirmed the original details and any variation to the order.

b. Upholstery (sofa, chair, footstool, storage boxes, ottomans and any other upholstered furniture)

Your upholstery order will be manufactured to your exact specification unless you’ve bought a stock item: as these products are bespoke and made to order the contract is not cancellable. You have the right to amend an upholstery order within 7 days from the order confirmation date without giving any reason.

If your upholstery product(s) are bought from stock you have the right to cancel the contract for the purchase of those product(s) without giving any reason by giving us notice under section 1.2.8(d). Notice must be given within 14 days from the day on which you, or anyone on your behalf (apart from a carrier) takes delivery of the product(s). In the case of a contract relating to multiple products as part of the same order but delivered separately, notice must be given within 14 days of the day of the delivery of the last product. /p>

c. Dining & occasional (furniture which can be put to various uses including but not limited to nests of tables, standalone chairs and chests)

Dining and occasional products are not custom made or made to your specification. You have the right to cancel the contract to purchase dining and occasional products without giving any reason by giving us notice under section 1.2.8(d). Notice must be given within 14 days from the day on which you, or anyone on your behalf (apart from a carrier) takes delivery of the product(s). In the case of a contract relating to multiple products as part of the same order but delivered separately, notice must be given within 14 days of the day of delivery of the last product.

d. Exercising your right to cancel

Where you have the right to cancel this contract as set out above, you can exercise the right to cancel within the cancellation period by phone, email or post;

  • Call 0800 731 0048;
  • Via our Customer Contact Form: https://enquiries.scs.co.uk/; or
  • Via post, 45-49 Villiers Street, Sunderland, SR1 1HA

You may use the model cancellation clause which was attached to your order confirmation if you wish, although this is not obligatory.

Where the contract also includes products to which the right to cancel does not apply, you can only cancel the contract in relation to products to which the right cancel does apply.

The law says that you are responsible for proving that you cancelled the contract, so to avoid disputes, it is a good idea to use a traceable method of posting or retain a copy of your email.

e. Effects of cancellation

If you cancel this contract under this section, we will reimburse to you all payments received from you, including the costs of delivery, minus a deduction, if applicable, for any loss in value of the product(s) if the loss of value is the result of any unnecessary handling by you.

We will make the reimbursement without undue delay, and not later than (a) 14 days after the day we receive back from you any products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the products, or (c) if there were no products supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have both expressly agreed otherwise.

You will have to cover the cost of returning the products.

The collection charges within our standard area (within 30 miles driving distance of any ScS store, UK mainland only) are:

  • Flooring (carpet, vinyl, rugs) - collection charge: £39.99
  • Laminate and wooden flooring - collection charge £60.00
  • Upholstery - collection charge £79.99
  • Dining and sideboards – unassembled - collection charge £79.99
  • Dining and sideboards – fully assembled - collection charge £117.00

Outside of our standard area, the collection charge is estimated at a minimum of the delivery charge you paid. We will give you an exact quote for the collection charge when we arrange this with you. You may of course arrange to return the product yourself if you prefer, but must exercise reasonable care in doing so.

1.2.9 Returns (faulty or non-made to order furniture)

a. How to return a product

To return a product please contact 0800 731 0048. 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.

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.

b. Taking care of the product before it is returned

If you want to handle or otherwise try out the product at home, you must do that in the way you would in one of our stores.

If your use of the product extends beyond that, and you then cancel the contract then you will have to pay us for the reduction in value of the product. For any product, the sum we will recover will never be more than the contract price. We will deduct this sum from your refund, or if we have already paid you the refund, you must pay the sum to us separately.

1.2.10 Premium Sofa Guard

For full terms and conditions of your Premium Sofa Guard, including how to make a claim, what is covered, cancellation rights and refunds, refer to your Certificate of Insurance.

Section 2: Other Important Terms

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

2.1 Our liability to you

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.

The following types of losses will not be foreseeable and we will not be responsible for them:

  • loss of earnings, business, income or revenue;
  • loss of anticipated savings;
  • loss of interest on savings;
  • any alternative purchase or expenditure;
  • non-financial losses such as any:
  • loss of enjoyment;
  • inconvenience, disappointment, distress or stress;
  • waste of time;
  • loss of annual leave.

The maximum compensation we will pay to you for foreseeable loss or damage will be the amount of the purchase price and delivery charges

If on delivering the products in your property, we cause damage to your property, we will be liable to cover the cost of this damage. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of delivery by us.

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 exclude or limit in any way our liability for:

  • death or personal injury caused by our negligence or the negligence of our employees, agents and subcontractors;
  • fraud or fraudulent misrepresentation;
  • our products under the Consumer Rights Act 2015.

2.2 Transfer of rights and obligations

We may transfer our rights and obligations under the contract to another organisation, and we will always tell you in writing if this happens, but this will not affect your rights under the contract.

You may not transfer the benefit of the guarantee in section 2.4.6 above or any other rights or your obligations under these terms to another person.

2.3 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 the contract that is caused by an event outside our control. An event outside our control means any act or event beyond our reasonable control, including (but not limited to) the following:

  • strikes, lock-outs or other industrial action by third parties;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • pandemic, viruses or other medical emergencies affecting the general population
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • failure of railways, shipping, aircraft, motor transport or other means of public or private transport; or
  • failure of public telecommunications networks.
  • If an event outside of our control takes place that affects the performance of our obligations under the contract:

  • we will contact you as soon as reasonably possible to tell you; and
  • our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the event. Where the event affects our delivery of products to you, we will arrange a new delivery date with you after the event is over.
  • You may cancel the contract if an event continues for longer than 4 weeks and you no longer wish us to provide the products. Please contact us to do this. We will only cancel the contract if the event continues for longer than 4 weeks.

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