1.1 In these terms and conditions:
Reference to “we” and “us” is a reference to House of Dome Limited trading as houseofdome.com.
Reference to “you” is a reference to the purchaser of the Goods from us.
“Contract” means the contract between us for the sale and purchase of the Goods which incorporates these Terms.
“Goods” means the range of furniture, lighting, home accessories and other items purchased by you from us.
“Terms” means these terms and conditions.
1.2 These Terms are the only terms and conditions on which we contract for the sale of Goods and they form an integral part of the Contract between us. If we agree to vary any of the terms, the variation must be in writing confirmed by our duly authorised representative and by you.
2.1 The price of Goods quoted on our website includes VAT (Value Added Tax) and is subject to any promotional offers or discount.
2.2 The cost of packaging and carriage is determined by the size and volume of the item and clearly outlined on our Shipping and UK Delivery information page (in the case of special orders, this will be quoted by us on request). We define Shipping as the costs involved in sending the goods from the manufacturer to our UK warehouse, along with all customs and associated import costs. We define UK Delivery as the method by which we deliver the Goods from our warehouse to our customers. Shipping may be charged at an additional amount, separately to the price of the Goods and this is advised in the product information and added to your Basket. For UK Delivery, we clearly state whether the price includes the delivery, or if this is paid by the customer. Where applicable, any Shipping and UK Delivery costs are payable separately from the price of the Goods.
2.3 Every effort is made to ensure the complete accuracy of our Website however some prices/details may change from time-to-time and it is possible that errors may occur. If we discover an error in the price of the Goods you have ordered we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, then we may treat the order as cancelled and notify you of this by email. If an order for Goods is cancelled in accordance with this clause 2.3 and you have already paid for the Goods, we will give you a full refund as soon as reasonably possible (and in any event within thirty (30) days of cancellation).
2.4 All published prices are subject to change at any time without notice.
3. ORDERING GOODS ONLINE
3.1 You confirm to us that all information which you are required to provide when ordering Goods online is accurate and complete in all respects at the time of the order and that this information relates to you/the person placing the order and not to any third party.
3.2 When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will be confirmed as soon as reasonably practicable.
3.3 Any error in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us.
3.4 We reserve the right of non-acceptance of any order placed by you which may be a result of, but not limited to the following:
If you place an order, you will have to provide personal information to us. We will not disclose that information to any third party without your consent, except for the purpose of processing the order and arranging delivery.
5.1 All payment for Goods and for the cost of shipping, packaging and delivery must be made in full before the Goods are ordered from Italy.
5.2 Payment online will be made by credit or debit card.
Our contract with you shall not be concluded until we have received your payment and we have accepted the order by way of a confirmation by e-mail to the email address you have given us during the online payment process. In all cases, the order will not be placed with the manufacturer until we are satisfied that the payment has been received.
6.1 We have indicated the anticipated time frame to deliver each product to your specified United Kingdom address in the detailed description for every product we sell. At the time we confirm your order, we will generally give you an estimated timeframe for the Goods to be manufactured and delivered. No times or dates provided by us are guaranteed and we shall arrange an agreed delivery date and time (‘Confirmed Delivery Date’) closer to the date of delivery. Please note that Italian manufacturers do close at certain times of the year, generally for a period in August and at Christmas and this may impact regular production and delivery timeframes.
6.2 We will ensure the goods are carefully packaged and delivered to you by the method outlined in your order confirmation.
Our white glove delivery teams only operate during these delivery hours: for Monday to Friday, between 9am – 7pm and, for Saturday (area dependent), between 9am – 5pm, excluding Sundays and public holidays, in the United Kingdom. Our courier service is provided Monday to Friday.
6.4 We shall not have any liability to you for any delivery failures or delays that are caused by anything beyond our reasonable control. However, we will always do our best to promptly rearrange any affected delivery.
6.5 We do ask that you check your Goods carefully upon receipt and you must notify us promptly and in any event within 48 hours or receipt of any Goods if they appear to be damaged in transit. We will ask you to email a photograph of the damage, including the packaging, to firstname.lastname@example.org. Please note that without the correct information and images we will not be able to investigate the issue. In those circumstances, you must also keep all original packaging as this may be required when making a claim.
6.6 To avoid any damage to your property or any items therein during the course of delivery, it is your responsibility to ensure clear access to the relevant room(s) in advance of delivery, including keeping children and pets out of the way, removing any loose floor coverings and any precious items, as well as protecting floors as necessary.
6.7 We are not responsible for the removal or movement of any furniture or other items upon delivery unless we have agreed this with you in advance.
6.8 Deliveries are available without the use of a suitably large lift up to the third floor of a building. If delivery to a higher floor without the use of a suitably large lift is requested then we will inform you whether we can deliver to that floor and, if we can, additional delivery charges may apply.
6.9 It is your responsibility to ensure that two of our delivery team members are able to access the room(s) for delivery of the Goods. Our delivery team reserves the right not to deliver the Goods if they believe it is unsafe to do so for any reason.
6.10 If we accidentally damage Goods in the course of delivery, then our liability for that damage is limited to the repair, refund or replacement of the Goods or the value thereof. Where possible, refunds will be made using the same means of payment as you used to purchase the Goods. In the case of card payments, refunds will be made to the original card of purchase.
6.11 Any damage to the Goods or your property or its contents as a direct result of our delivery service must be reported to us by email within three business days of the delivery taking place. If you do not report such damage to us within this time frame then we shall not be liable to you for any such damage.
6.12 Our delivery team are brilliantly helpful and expert at what they do, but they won’t take risks if they think damage will occur to your property or the Goods. In this event, if you request that our delivery team proceed with delivery, you will be asked to sign a disclaimer. Such delivery will be at your own risk and we accept no responsibility for any damage that may occur. In this situation, unless you sign a disclaimer, the delivery will be failed, and a redelivery charge may apply, or the item may ultimately be unsuitable for delivery into your premises. The trained, experienced delivery team has the final decision as it is their responsibility to risk assess every delivery on a case-by-case basis.
6.13 For all Goods being delivered by our white glove service, the delivery team will unwrap and assemble all Goods upon delivery, unless you request them not to do so. They will also remove all packaging, should you wish for this to be taken away. Please note, if the Goods are eligible for return, they must be in the original packaging.
6.14 Delivery to the threshold of the property is not permitted, all deliveries must be delivered into the recipients’ premises, no leaving safe, no leaving in a shared delivery (concierge) area is permitted.
6.15 All deliveries being made must be signed for by someone from within the delivery address.
6.16 Under no circumstances will Goods be delivered through a premises’ window.
7. CANCELLATION AND RETURNS
7.1 We define the goods we sell as “made to order” and “shipped to order”:
“Made to order” – these are products which are custom-manufactured and personalised to your order specification. This includes, but is not limited to, upholstered furniture such as sofas, sofa beds, chairs, produced in your selected fabric as well as metal furniture made in your selected metal finish and furniture using marbles and other surfaces and finishes, as well as our linens collection.
“Shipped to order” – these are all products that are not custom manufactured and would include, but are not limited to, products such as some lighting.
All product descriptions on our website clarify if the product is “made to order” or “shipped to order”, but if you are in any doubt, please do check with our helpful team at email@example.com or by calling 020 3908 5605.
You will find the relevant cancellations and returns policy for each type of product explained below and, of course, if you have any questions, please do contact us.
7.2 SHIPPED TO ORDER PRODUCTS
7.2.1 Shipped to Order Cancellations
You do have the right to cancel your order either by email to firstname.lastname@example.org or by calling our team on 020 3908 5605. You may use the model cancellation form further below in section 7.6, but this is not obligatory.
7.2.2 Shipped to Order Returns
If for any reason you are not satisfied with your purchase, we offer a quibble free returns policy. Goods should be returned within 14 days of receipt and we will be happy to offer you an exchange or a refund excluding the original cost of shipping and UK delivery. Please complete our Refunds Form and return a copy to us together with the goods, which should be returned at your expense. This is on condition that the products are returned complete, in perfect condition, unused and with the original inner and outer packaging.
We reserve the right to make reasonable deductions from the amount refunded to you if there are signs of wear and/or damage to the Goods. All returned Goods will be checked in our warehouse and, if deemed to be damaged or sullied, we will charge you a fee to reflect the amount by which the value of the Goods has been diminished. If you need to return an item because it is damaged or faulty on delivery, please see clause 6.5 for information on next steps.
7.3 MADE TO ORDER PRODUCTS
7.3.1 Made to Order Cancellations
You do have a limited period should you wish to cancel your order which can be done either by email to email@example.com or by calling our team on 020 3908 5605. You may use the model cancellation form further below in section 7.6, but this is not obligatory. We will acknowledge your cancellation request and confirm in writing that the cancellation has been accepted. Please note, your right to cancel is removed once the order has been placed with and confirmed by our manufacturer and production has commenced, usually within 1-2 working days of the order being placed by you.
7.3.2 Made to Order Returns Policy
Due to their bespoke nature, we are unable to accept returns on any “made to order” Goods, unless they are faulty. If you need to return an item because it is damaged or faulty on delivery, please see clause 6.5 for information on next steps.
In the unlikely situation that “made to order” Goods are deemed unsuitable for delivery into your premises, you are unable to accept them and the delivery cannot be completed, the Goods will be returned to our warehouse. You will have the option either to arrange for the Goods to be delivered to a different suitable premises or we can assist by offering a service to sell the Goods on our website Outlet. In both cases, you will be responsible for any shipping costs, as well as full delivery costs both to and from your premises, as well as any subsequent delivery. You will also be responsible for any warehouse costs accrued during the time the Goods are held at our warehouse. If you opt for the item to be sold on our Outlet (at a reduced rate to regular retail price) and only once the item has been sold we will provide you with up to a 50% refund of the original price paid, depending on the price the goods were resold at, minus any of the costs outlined.
7.4 OUTLET PRODUCTS
Products sold in our Outlet section may not necessarily be in perfect condition, so please read the detailed description and check before you buy that they are of a satisfactory quality for their intended particular use. We do not accept returns on Outlet items unless they are damaged during delivery.
7.5 REFUND POLICY
7.5.1 If you are eligible to cancel or return your order as outlined above, we will refund all payments received from you, excluding the cost of shipping and delivery, if you paid for this. We may make a deduction from the refund for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you.
7.5.2 We will make the refund without undue delay, and not later than 14 days after the day we receive back from you the Goods supplied. Or if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
7.5.3 We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.
7.6 MODEL CANCELLATION FORM
If you wish to cancel an order using this form, please complete the template below and send it to us by email to firstname.lastname@example.org
To House of Dome Limited:
I/We hereby give notice that I/we cancel my/our contract of sale of the following Products:
Ordered on / Received on [*]:
Order reference number:
Name of customer(s):
Address of customer(s):
Customer contact telephone number:
*delete as appropriate
8. GOODS SPECIFICATIONS
8.1 For all Goods you order, it is your sole responsibility to choose the range/colour of the fabrics and type/finish of the materials that is suitable for your intended use of those Goods. We provide detailed information about all fabrics and materials on the website to assist you in making your selection.
8.2 It is also your sole responsibility to take all appropriate measurements in your property to ensure that the dimensions of those Products are suitable for your intended use of them. We recommend that you carefully read our Will it Fit? Guide to assist you in selecting the right product for your home.
8.3 The dimensions of Goods we supply may vary from those stated in their product description specification but we will endeavour to ensure that they are within a 1.5% tolerance of those stated.
8.4 Whilst we try to ensure that the colours of our Goods/swatches are as accurately displayed as possible on our website, the actual colours that you see on your personal device may vary depending on the monitor that you use.
8.5 We work with a range of different Italian manufacturers and reserve the right to amend the specification of Goods without prior notice in relation to future sales.
8.6 If we experience difficulties in supplying certain Goods, we may need to substitute them with alternative Goods of equal or better standard and value. We will email you to let you know if we intend to do this and your order will be put on hold pending your acceptance of the change. If you do not accept a substitute item which is materially different from the Goods which you originally ordered, or if an appropriate substitute item is not possible to provide, we will cancel your order for the relevant Goods and provide you with a full refund.
8.7 Any Outlet Goods will be identified and be stated to be sold as such on the Website. Such Goods may not necessarily be in perfect condition, so please check before you buy that they are of a satisfactory quality for their intended particular use.
9. FABRICS & MATERIALS
9.1 Since it is not possible to guarantee a printed or online reproduction that is completely faithful to the original, images of the finishes and materials where present are to be considered purely indicative and do not replace the samples in vision.
9.2 When ordering any “made to order” item that is upholstered or in a metal finish, we recommend that you see and approve a fabric/metal sample (as available) before you confirm your order. As expected, it is not possible to provide samples for all finishes, for example with a natural material such as marble, as there will always be variations.
9.3 We will endeavour to match as accurately as possible the colour and texture of the fabric/materials/finishes of your Goods to the selection chosen, but variations in both the colour and texture may occur. By proceeding to place an order, you accept any variations in colour.
9.4 Leather Goods are made from natural leather and accordingly they may not be uniform in colour or texture. Some leathers will mellow with age and exposure to sunlight and heat.
9.5 Fabric batches – there can be slight variations between batches. The most common variation is that of colour – although the actual variation is often almost negligible or very slight. Some fabrics are more susceptible to this than others. Whilst we guarantee to make your complete order from the same batch, we cannot guarantee that subsequent orders will match your original order. It is therefore important that if you are considering ordering extra items such as cushions, that you do this at the time of placing your original furniture order.
9.6 All metal finishes are made by manual and artisan processes. Any differences compared to the sample in vision do not constitute a defect, but a characteristic of manual processing that is susceptible to variations in tonality and homogeneity.
9.7 Because of the nature of the materials used, any finishes that are applied to the exterior of our items may alter the final colour and feel.
9.8 For upholstered Goods, we cannot accept any responsibility for fading or discolouration caused by exposure to direct or indirect sunlight. Sunlight affects different fabrics in different ways, but sunlight, whether direct or indirect, will nevertheless always affect fabric colour. Darker fabrics are likely to discolour and fade more. Different fabrics, dark or light are liable to fade or discolour at different rates.
9.9 After delivery, we cannot accept any responsibility for fading or discolouration, due to exposure or contact with any chemicals sprayed nearby or applied directly. Please also note that there are certain aerosol sprays, most particularly odour neutralisers and nicotine neutralisers, which contain chemicals that can react with fabric dyes (the cans should warn against spraying close to upholstery without first covering it).
9.10 We have provided detailed information on the manufacturer’s cleaning advice for all fabrics and materials on our website, but if you have any questions, please do ask our team.. We decline all responsibility for damage caused by not following the recommended cleaning instructions.
9.11 If you place an order using coordinating fabric from different fabric ranges, the price applied will be that of the higher price fabric category.
10. CUSTOMER OWN MATERIALS (COM)
10.1 We offer the option for many of our upholstered furniture Goods in your own choice of supplied fabric. This clause 10 applies to any fabric (or other item) that you supply to us or which you specify that is not in our regular ranges. We refer to any Goods that, at your request, we make with a Customer Own Material as a Customer Own Material Product, abbreviated as COM Product.
10.2 Where relevant and as a guide, we have indicated fabric quantity requirements for individual Products on our website. Please note this guide is for plain colour fabric, width 140 cm. For COM with pattern repeat or with less than 140 cm width, please contact our team in order to know the precise fabric requirement. As leather generally is supplied by the square metre, the amount required is higher and we provide indicative amounts on our website.
10.3 If you request a COM fabric or other surface material not standard to the manufacturer’s line of Products, you must submit A4 size samples of the requested material to be approved by the manufacturer prior to the order being confirmed. The manufacturer shall determine if the material is suitable to its manufacturing processes. We shall have no responsibility for the appearance, condition, performance, durability, colorfastness or any other physical attribute of the COM. Once confirmed suitable, you will need to send your customer’s own material directly to the manufacturer, with accompanying paperwork that we will provide.
10.4 We may refuse to use any Customer Own Material which we consider to be unsuitable.
10.5 You agree to ensure that your Customer Own Material is in all respects safe and suitable for application in the Product.
10.6 Customer Own Materials will become owned by us/the manufacturer when we/they receive them; ownership in any of them which we return to you (whether unused or incorporated in the Product) will revert to you upon delivery to you.
10.7 The manufacturer may cut, work on and otherwise treat and deal with your Customer Own Materials as we consider appropriate in the course of making the Product and (unless you state in writing with your order that surplus should be returned to you) we may use or dispose of excess fabric or items as we think fit.
11. RISK AND OWNERSHIP
11.1 The risk of loss or damage to Goods passes to you when you actually receive the Goods (or when they are received by some third party that you identified to take possession of the Goods). If you have agreed to arrange a collection to collect the Goods from us, the risk in those Goods passes to you on collection by you or your carrier.
11.2 Ownership in all Goods remains with us until full payment of all amounts due to us has been received from you.
11.3 You will be responsible for the safe custody and insurance of all Goods in your possession.
11.4 You have no right to re-sell any Goods until payment has been received in full by us.
12. WARRANTIES AND LIABILITY
12.1 We warrant to you that the Goods ordered by you will meet the description as shown on our website (or any other description given to you in writing).
12.2 We will not have any responsibility for any damage which occurs to the Goods after you receive them.
12.3 If any defect in any Goods appears within 24 months of delivery (or 36 months for Tacchini Goods) you should notify us as soon as you become aware of the defect, giving us full details. We will then decide, in consultation with you and the manufacturer, whether the defect is the responsibility of the manufacturer. If so, we may arrange either to repair the defective Goods or to replace them with similar Goods. Any defective Goods to be returned to us/the manufacturer must be returned at your expense.
12.4 This warranty also excludes any defects relating to COM materials, where the customer has required their use in the manufacture of Goods. Claims relating to defective COM materials remain the customer’s responsibility.
12.5 We will not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the Goods.
12.6 Liability to you for loss or damage shall under no circumstances exceed the total amount you have paid us for those Goods. (However, we acknowledge that we cannot exclude legal liability for death or personal injury which is proved to be due to our negligence).
13.1 If you wish to give us any notice relating to a matter covered by these Terms, whether you telephone us or not, you must confirm that notice in writing. In the case of email notices, these are to be sent to email@example.com and you must send them so as to return an acknowledgement of receipt. Notice may be sent by first class post to House of Dome Limited, Causeway House, 13 The Causeway, London, Teddington TW11 0JR.
14. CUSTOMER DEFAULT
Then, in any of those events, we have the right to cancel the Contract and recover possession of any Goods which have been supplied for which payment has not been received in full.
15. FORCE MAJEURE
We will not have any liability to you if we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control including, but not limited to, fire, flood, act of nature, terrorism, war, internet disruption, power failure, strike or difficulty in obtaining materials and/or labour. In any of these circumstances we reserve the right to cancel (or, at our option, to suspend) the Contract.
16.1 Severance: If any provision in these Terms is held by a court to be unenforceable, that will not affect the remaining provisions of the Terms.
16.2 Entire Agreement: These Terms govern our relationship with you and in accepting them, you confirm that no other arrangement, agreement or representation applies.
16.3 Assignment: We reserve the right to assign any of our rights or obligations under the Contract to a third party on the basis that the existing contractual terms will become the responsibility of that third party. You will not be able to assign any of your rights or obligations without first getting our written consent.
16.4 To the maximum extent permissible by law, we exclude all warranties, expressed or implied as to the accuracy of the information contained in any of the materials on the Website.
17. INTELLECTUAL PROPERTY
Where the Goods include designs or works of art, these are prepared by a designer or artist who owns the copyright in those works. You have no right to make any copies or adaptations of any of those Goods.
18.1 If there is a dispute which we cannot settle by direct negotiation, we may require that it is referred to mediation before any legal proceedings are commenced. In that event, the mediation will be conducted in accordance with the CEDR (Centre for Effective Dispute Resolution) mediation rules current at the date of the dispute, email address: www.cedr.com.
18.2 Any dispute between us will be finally determined by the English courts and you agree to submit to the jurisdiction of those courts.
19. GOVERNING LAW
These Terms and the Contract between us are governed by English law.