Terms and Conditions 2021

THE PAPASAN CHAIR COMPANY LIMITED website terms and conditions for use

These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below which together with our Privacy policy, and our Delivery and Refunds Policy, govern The Papasan Chair Company Limited’s relationship with you in relation to your purchase. If you disagree with any part of these terms and conditions, please do not use our website.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, service, or information available through this website meet your specific requirements, on purchase point and delivery.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited.

Definitions

“Conditions” means these terms and conditions; “Product” means a product displayed for sale on the website; “Product Details” means that part of the Website where certain terms and conditions in respect of the individual Product are provided; “Users” means the users of the website collectively; “Personal Information” means the details provided by you on registration.

The term ‘The Papasan Chair Company Limited’ or ‘we’ or ‘us’ refers to the owner of the website. The Registered Company address of The Papasan Chair Company Limited is:

The Papasan Chair Company Limited, 11a Park Street, Camberley, Surrey GU15 3PQ.

Company registration number: 13051307 

VAT registration number: 360106540

“Website” means the website located at www.papasanchair.co.uk or any subsequent URL which may replace it; “Cookies” means small text files which our website places on your computer’s hard drive to store information about your shopping session and to identify your computer; “United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands and “You” means a user of this website.

Terms of Sale

Your order is an offer to The Papasan Chair Company Limited to buy the product(s) in your order. When you place an order to purchase a product from The Papasan Chair Company Limited, we will send you an e-mail confirming receipt of your order containing the details of your order (the “New Order Confirmation E-mail”). The New Order Confirmation E-mail is acknowledgement that we have received your order and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send E-mail Confirmation to you that we’ve dispatched the product to you (the “Dispatch Confirmation E-mail”).

Your contract is with The Papasan Chair Company Limited. Without affecting your right of cancellation set out below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product. Unfortunately, this does not apply to bespoke, custom made cushions or upholstery (which we will advise in your New Order Confirmation Email) where we have ordered the fabric specifically for your order, you have added extras to your order including piping, trims, Velcro straps or your item has been made to your bespoke sizing.

You consent to receive sales invoices electronically. For each delivery, we will inform you in our Dispatch Confirmation E-mail if an electronic invoice is available and how to access it. Alternatively, a paper invoice may be issued and delivered to you with your goods of purchase, or a VAT invoice provided on request.

The duration of our contract with you will start from when you order and we take payment and dispatch the products, until the last day of your right to cancel.

The Papasan Chair Company Limited holds the right to cancel any order should they for any reason be unable to fulfil it. If there are any problems with your order, you may be contacted up to 24hrs before dispatch. Please note that non-acceptance of an order may be a result of the product you ordered being unavailable from stock, our inability to obtain authorisation for your payment, the identification of a pricing or product description error, or not meeting the eligibility to order criteria, as set out in these general Terms & Conditions and/or our Delivery and Refund Policy and/or our Privacy Policy.


You warrant that

The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and that you will notify us immediately of any changes to the Personal Information by email: sales@papasanchair.co.uk or telephone: 01276 932938.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information.


We reserve the right to

Modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or change the Conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions, you must immediately stop using the Website.

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. We are not responsible for the availability of such external sites or resources, for the privacy practices of such websites, the content of such websites, or the use to which others make of these websites or resources.


Product details and prices

The content of the pages of this website is for your general information and use only. It’s pricing, products and general information are subject to change without notice.

Every effort is made to ensure that product details, descriptions and prices shown are accurate at the time you place your order. If an error is found, The Papasan Chair Company Limited will inform you as soon as possible. If the price shown is incorrect, we will offer you the option of reconfirming your order at the correct price or cancelling.

Be aware that this information may not always reflect the position at the exact moment you place an order. Prices may change from time to time either up or down – any such price changes will be confirmed to you at the time of ordering. Every reasonable care has been taken to ensure that the descriptions and colour matching are accurate – nonetheless, measurements stated are approximate and colour reproduction is only as accurate as photographic and publishing processes allow. We have gone to great lengths to illustrate our products, but each image should be viewed in conjunction with the descriptive text and will, of course, be limited by the screen settings of your own monitor screen.

 

Dimensions given are for your guidance only. For delivery purposes, please ensure that there is adequate room to take the furniture through doorways or windows, taking note of restricted passageways, stairs, turns etc.


All items are offered subject to availability. If on receipt of your order, the item(s) you have ordered become no longer available, The Papasan Chair Company Limited will inform you as soon as possible, giving you the option of purchasing an alternative product. If you decline this option, a full refund will be made.

Payment

All prices are inclusive of VAT at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the products ordered and any delivery charges.

We reserve the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this Website whether or not that product has been sold, removing or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

To be eligible to purchase products on this Website and lawfully enter into and form contracts on this Website under English law you must register by providing your real name, phone number, email address, payment details and other requested information. You must be over 18 years of age. You must stipulate a delivery address in the United Kingdom (Please note that PO Box numbers, hotels and accommodation addresses are not acceptable) and you must possess a valid credit or debit card issued by a bank registered to the address you have provided.

You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

By making an offer to buy a product you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties, including but not limited to your debit or credit card number or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

For each specific Product we may provide a “typical” price to allow you to compare the cost of our Product with similar items sold by other retailers. This comparable price is an estimate only and the items compared may not exactly match the characteristics of the Product on our site.

All products ordered will remain the property of The Papasan Chair Company Limited until we have delivered the products to the address specified by you. If your payment is not received and you have already received the products you ordered from us, you must pay for or return those products to us in accordance with our reasonable return instructions and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.

Collection/Delivery

Delivery surcharges and timescales vary depending on the type of products ordered, the service you select and the delivery address.

All delivery dates or times are estimated subject to stock availability and delivery location. We reserve the right to alter or amend estimated delivery dates or times in exceptional circumstances.

All goods must be signed for and should be inspected at the time of delivery. The packaging should be opened carefully and kept in case you need to return the goods. You are responsible for the goods once they have been delivered to the delivery address you gave, and you are liable for any loss or damage thereafter.

If no one is available at the address you gave us to take delivery, the courier may leave a note with information about how to rearrange delivery and/or may take a photograph to confirm the address to which delivery was made. Re-delivery charges may be incurred and calculated according to the number of items to be delivered and your delivery postcode location. In these circumstances, re-delivery will not take place until any additional charges have been paid. If you are not available to take delivery at the prearranged time, or you refuse delivery, The Papasan Chair Company Limited reserves the right to charge you a restocking fee of £70.00.

Currency

All prices shown are in £ (GBP) sterling.

Data Protection

The Papasan Chair Company Limited will take all reasonable precautions to keep the details of your order and payment secure but unless The Papasan Chair Company Limited is negligent, The Papasan Chair Company Limited will not be liable for unauthorised access to information supplied by you. Read our Privacy Policy.

All credit card transactions are performed on our site by RBS Worldpay or PayPal. Both provide secure online credit card and debit card payment solutions for thousands of online and mail order businesses across the UK.

On placing an order at our checkout, our secure server safely encrypts all of your details making it impossible for any of your personal data to be transmitted from your computer and be intercepted by others. RBS Worldpay and PayPal will then take your credit/debit card details and validate them. You will then leave the secure section and be returned back to our website to finish the transaction. No credit card details are kept on the The Papasan Chair Company Limited website.

We reserve the right to keep all customer details on The Papasan Chair Company Limited ordering system and a paper copy of your details at our Head Office until we deem it suitable to destroy them. We will take all reasonable steps to ensure all information remains confidential in accordance with the Data Protection Act 1998. Please see our Privacy Policy.


Shipping, delivery and postage and packing

All relevant postage and packing, shipping or delivery charges are included in the cost of your order for mainland UK but there are some exceptions so you could be given additional charges depending on your postcode, you can get an estimate for delivery to your postcode on our website before placing your order.

Areas that can incur additional charges include:

Isle of Wight, Industrial Scotland, Scottish Offshore, Grampians, Highlands, Isle of Man, Scilly Isles, Jersey, Guernsey & all other Channel Islands, Northern Ireland, Dublin, London, Devon & Cornwall

*Please note, some areas of Scotland that don’t fall into Highlands or Offshore still incur an additional surcharge. This will be specified on checkout.

The goods you order will be delivered to the address you give when you place your order. Please allow up to 28 days for production and delivery, during busy times, or for bespoke orders, this timeframe may increase. A working day is any day other than weekends, bank, or public holidays. If delivery cannot be made to your address for reasons under The Papasan Chair Company Limited control, we will inform you as soon as possible.

If you deliberately fail to take delivery of the order (otherwise than by reason of circumstances under the control of The Papasan Chair Company Limited), without prejudice to any other right or remedy available to The Papasan Chair Company Limited, The Papasan Chair Company Limited may a) store the items in the order until actual delivery and charge you for reasonable costs (including insurance) of storage; or b) sell the items in the order at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the items or charge you for any shortfall below the price you agreed to pay for the items.

If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations, The Papasan Chair Company Limited shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the order, less any expenses incurred for failed delivery.

Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, The Papasan Chair Company Limited will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, The Papasan Chair Company Limited will inform you as soon as possible.

International Sales

Unfortunately, we are not currently able to ship to addresses outside of the United Kingdom, but we are very happy for customers to arrange their own shipping and collect from our premises. We can provide all weights and dimensions required to assist in this process and we do hold details of recommended shipping companies used by customers in the past. Please give us a ring or contact us on sales@papasanchair.co.uk for more information.

If you arrange your own delivery by a third-party shipping company to another EU Member State or a country outside the EU, you will own the furniture when it is delivered to the third-party delivery providers’ premises, and you are liable for any loss or damage.

Deliveries outside the United Kingdom will also be liable for any customs/import duty, quotas, permits, product restrictions and other local requirements. These charges must be paid by the recipient of the parcel. Customs policies vary widely from country to country; therefore, you are advised to check the latest applicable local requirements in your country before placing an order. The Papasan Chair Company Limited can in no way be held responsible for any charges incurred.


Defective/Damaged Goods

Very occasionally items can get damaged in transit, please follow these steps:

  1. You must check your goods upon receipt. Any claim concerning incorrect, damaged, or defective goods found on delivery, or concerning damaged or defective goods found at a later date, must be notified to The Papasan Chair Company Limited within 24hrs, failure to do so may result in any claim being void.
  2. All claims must be submitted by email to sales@papsanco.uk and accompanied by photographic evidence and a written description of the damage or within 24hrs of discovering the fault. We do not accept any claims for damage caused following the delivery.

Please Note: We are not liable for any direct or indirect loss of profits or other financial loss or damage arising out of a defective, damaged, or wrongly delivered products, our liability is limited to the purchase price only.

Cancellation and Returns Procedure – (Distance Selling Regulations)

If your goods have not been custom / bespoke made to your specification you have the right to cancel your order from the time you place your order up to 14 days from the date of delivery.

To exercise your right of cancellation, you must give written notice to sales@papasanchair.co.uk giving details of the items ordered and (where appropriate) their delivery. Notification by phone is not sufficient.

Any Special Order items made to a customer’s own specifications will not be refunded unless they are proven to be faulty.

If you exercise your right of cancellation after the items have been delivered to you, you will be responsible for returning them to The Papasan Chair Company Limited at your own cost. The items must be returned to our offices:

The Papasan Chair Company Limited, The Studio, 53 The Avenue, Camberley, Surrey GU15 3NF.

You must take reasonable care to ensure the items are not damaged in the meantime or in transit.
You may be liable if the value of the goods returned diminishes due to the handling of the goods or in transit. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.

The Papasan Chair Company Limited recognise that many customers do not have the means to return very large items and will arrange collection during normal business hours (Monday to Friday) if requested. In such circumstances a charge will be made to cover the cost of collecting the item/s. These charges are detailed below:

Return/Collection Costs Mainland UK Only Per Item – Additional Postal Surcharges may apply depending on Postcode.

  • Papasan or Mamasan Chair – £50.00
  • Papasan Cushion – £25.00
  • Mamasan Cushion – £25.00
  • Papasan Chair Frame – £25.00
  • Side Table / Footstool – £25.00

These fees are non-negotiable

Following cancellation of your order any monies paid will be refunded by the method you used to pay us where possible, and usually within 30 days of our receipt of the returned goods, or within 14 days of you providing evidence of having returned the goods, whichever is sooner.

The refund will not include any paid standard delivery or delivery supplement charges.

All goods must be returned in their original packaging and in a re-saleable condition, otherwise you will not receive a full refund.

We will always inspect goods prior to authorising refunds. A deduction will be made if the value of the goods has been reduced, for example as a result of you handling the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods), assembling the goods, using the goods, inadequate re-packaging of the goods, or damage caused during return transit. Cushions will be delivered sealed in clear plastic wrapping that will allow for inspection.

Please note cushions may be packed under the furniture frames and are delivered sealed in clear plastic wrapping that will allow for inspection. Once a cushion has been unsealed, please take care to not use it, if you decide to return all items must be returned in a good sellable condition.

If the product is not returned in its original packaging, a charge will be made to replace any missing or damaged original packaging.

If we send items free of charge as a goodwill gesture, we will not accept a return or refund on these.

Out of stock items

Sometimes, items are for a variety of reasons temporarily unavailable. We try to alert you to this fact on the website, but just occasionally, demand exceeds supply. If a product you have ordered is out of stock, we will tell you about the problem and place the out of stock item on back order. We try to estimate when new stocks will arrive and always give you the option of cancelling either the whole order or simply the out of stock item, if you would prefer not to wait.

Limitation of Liability

The Papasan Chair Company Limited total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods. Nothing in these conditions excludes or limits the liability of The Papasan Chair Company for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.