These terms & conditions (the “Terms”) set out:
1. The basis on which you can visit and use our website at www.avsoul.co.uk (the “Website”); and
2. the terms and conditions which apply to your purchase of furniture and other goods (“Goods”) from AV Soul; and
You should read these Terms carefully as they contain important information.
The Website and Goods are provided by AV Soul, a company registered in England under number 07524961 with a registered office at 30 Westgate Otley West Yorkshire LS21 3AS United Kingdom (“we”,“us”, “our”, “AV Soul”).
When we refer to “you” and “your” we mean the user of the Website, the purchaser of Goods (whether or not the purchase transaction is completed) and relevant to the context.
The Terms contain the following sections:
Part 1 –AV Soul Website Terms & Conditions of Use
Part 2 – AV Soul Terms & Conditions of Sale
We reserve the right to amend these Terms from time to time without notice. Any such change in Terms will be effective to all new orders once included in the text of these Terms and published on the Website. You should check the Terms posted on the Website periodically to ensure that you are aware of and comply with the current version.
The definitions and rules of interpretation set out below apply to these Terms.
“Business Day” means a day (other than a Saturday or a Sunday) on which banks are open in London.
“UK Mainland” means those parts of England, Scotland and Wales that are accessible from London without crossing water.
The use of the word ‘including’, the phrase ‘in particular’, and equivalent expressions is only intended to illustrate particular examples. Their use, and the use of such examples, is not intended to limit in any way whatsoever the interpretation or construction of these Terms or any other words in these Terms.
A party’s obligation not to do something includes an obligation not to permit it or authorise it.
A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
Words in the singular include the plural and in the plural include the singular.
Condition headings do not affect the interpretation of these Terms.
Any obligation to notify AV Soul should be undertaken as soon as possible, by phoning us (07957 558179) and quoting your order number and subsequently by confirming your communication in writing, either by email to email@example.com, or alternatively by post to: Customer Relations , AV Soul, Unit 5, Commercial Mills, Upper Wharf Street, Shipley, BD17 7DB.
Part 1 – AV Soul website terms & conditions of use
This ‘Part 1 – AV Soul Terms and Conditions of Use’ and ‘Part 4 – General Terms Relating to Our Relationship With You’ (collectively the “Website Terms”) together form a legally binding contract between us and you. Your acceptance of the Website Terms is given when you use the Website.
1.1. We provide the materials contained on the Website as a service to our customers and prospective customers. By accessing the Website and any of its pages, you indicate your acknowledgement and acceptance of the Website Terms as set forth herein without limitation or qualification.
1.2. The Website uses and contains copyright material, trade names and marks and other proprietary information, including but not limited to text, images, photos and graphics, software, databases, videos, music and sound (“Content”). The Content is protected by intellectual property law including, but not limited to copyright law, registered and unregistered trademarks, database rights and other intellectual property rights. AV Soul, its licensors or authorised contributors own the copyright, database right and other intellectual property rights in the selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to it. All such intellectual property will remain the property of AV Soul or any relevant third party as the case may be.
1.3. You may not modify, publish, print, copy, download, reproduce, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content in whole or in part except as provided in these Website Terms.
1.4. You may download information from the Website for your own personal, non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission or that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material. The information and materials contained on the Website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, printed, posted, reproduced, used, sold, transmitted, used to create a derivative work or otherwise used for commercial or public purposes without our prior written consent.
1.5. The Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Certain images and information on the Website are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.
1.6. The material on this Website is not intended for children under 18 years of age.
1.7. You agree to use the Website for lawful purposes only and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by, any other party.
1.8. We do not warrant or represent that use of materials displayed on the Website will not infringe rights of third parties.
1.9. We endeavour to maintain the accuracy of the Website but no warranties or representations are given as to the accuracy, correctness or reliability of the Website or otherwise. We have taken every care in the preparation of the content of the Website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. We make every effort to display the colour of the products as accurately as possible, but as colour reproduction depends on your computer’s monitor we cannot guarantee that your monitor’s display of the colour is accurate to the actual product. To help ensure that you purchase the product of your choice we will endeavour to send out a sample swatch of your chosen colour upon request.
1.10. We make every effort to ensure that the Website is free from defects or viruses. However, due to the nature of the internet we cannot guarantee that your use of the Website won’t affect your computer. In no event shall we or any other person involved in the creation, production or delivery of the Website be liable for any punitive, special, direct, indirect, exemplary, incidental or consequential damages or any damages whatsoever, including but not limited to loss of use, data or profits, or disruption or damage to your computer or other equipment without regard to the form of any action, including but not limited to contract and tort actions (including libel), arising out of or in connection with the access, use, browsing, copying or display of, or the interaction, or any other form of communication with the Website and the information contained on the Website (including via computer viruses or any other form of software).
1.11. Some of the websites listed as links herein are not under our control, but rather are exclusively controlled by third parties. Accordingly, we make no representations whatsoever concerning such websites. Although we may provide a link to a third party, such a link is not an authorisation, endorsement, sponsorship or affiliation by us with respect to such website, its owners or its providers. We are providing these links only as a convenience to you. We have not tested any information, products or software found on such websites and therefore cannot make any representations whatsoever with respect thereto. It is up to you to take precautions to ensure that whatever you select is free of such items as viruses, worms, trojan horses and other items of a destructive nature. In no event will we be liable to any party for any direct, indirect, special or other consequential damages for any use of the Website, or on any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programmes or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
1.12. We reserve the right to change the Website from time to time without notice.
Part 2 – AV Soul terms & conditions of sale
This ‘Part 2 – AV Soul Terms and Conditions of Sale’ and ‘Part 4 – General Terms Relating to Our Relationship With You’ (collectively the “Terms of Sale”) together form a legally binding contract between us and you. The contract is formed upon issue of your Sales Order Acknowledgement. Your Order goes into process as soon as the Sales Order Acknowledgement has been confirmed as Custom Made Goods, the process of allocating or ordering materials to create your Goods begins immediately. We ask you to choose carefully, match your colours where necessary and measure any areas you think may be a problem prior to placing your Order.
1. The following definitions apply to these Terms of Sale:
1.1. Custom Made Goods (or ‘Specials’): bespoke Goods i.e. Item not a standard offer within our current portfolio.
1.3. Order (or ‘Sales Order’): your offer to purchase Goods from us.
1.4. Sales Order Acknowledgement (“SOA”): The document entitled ‘Sales Order Acknowledgement’ which confirms that we have accepted your Order, subject to the details enclosed within.
2. Basis of sale
2.1. We shall sell and you shall purchase the Goods in line with any SOA. Your confirmation of the SOA details is given upon receipt of the SOA unless you notify us otherwise within 7 days of the SOA issue date. See clause 3.2 below.
2.2. Any typographical, clerical or other error or omission in any sales or marketing literature, quotation, price list, SOA, invoice or other document or information issued by us shall be subject to correction at our discretion without any liability on our part. This includes but is not limited to errors in the calculation of a discounted price. We shall have the right without any liability whatsoever to refuse or cancel any Order or SOA that states an incorrect price.
We shall have the right to refuse or cancel any such Order whether or not the Order has been confirmed and you have paid in part or in full. If a payment has already been made for a cancelled Order then we shall issue a refund of the amount paid. This does not affect your statutory rights.
2.3. All advice or recommendation provided by us or our employees as to the care, maintenance or use of the Goods which is not confirmed in writing by AV Soul is followed or acted upon entirely at your own risk. Consequently, we will not be liable for any such unconfirmed advice or recommendation.
3. Orders and specifications
3.1. All items displayed or promoted as being available for sale are subject to availability.
3.2. Responsibility lies exclusively with you for ensuring the accuracy of the details of any SOA (including but not limited to your contact details, delivery address, description and quantity of Goods) and for giving us any necessary information within a sufficient time to enable us to successfully deliver the Goods to you.
3.3. All drawings, descriptions, illustrations, samples, weights and dimensions provided whether on the Website, in the Shop or on other marketing materials are approximate and intended for general guidance purposes only and their accuracy cannot be warranted by AV Soul. Photographs are for illustrative purpose only, and may not exactly match the product itself. Notwithstanding any pending Orders, we reserve the right to alter sizes, specifications and to make any changes or discontinuations to our products and product ranges without prior notice.
3.4. All materials are sold subject to natural variations in colour, markings and texture. With respect to Custom Made Goods produced according to your specifications, your submission of any design specifications to us shall constitute an assignment to us of all worldwide rights, titles, and interests in all copyrights, design rights and other intellectual property rights in the specifications and furthermore you shall defend us at your expense and pay all costs and damages of any kind (including our legal fees) incurred by us as the result of any suit or other legal proceeding against us for infringement of any patent, trademarks, copyrights, design rights or other rights by reason of use of such specifications, provided we promptly notify you of such claim of, or suit for, infringement and tender the defence thereof to you. Additionally, at our option, we may be separately represented in any such suit at our own expense.
4. Price of goods
4.1. The price as stated on the SOA is the set price for the Goods. Any product prices shown on the Website and are UK retail prices inclusive of VAT. They do not include any delivery charges. Any promotions, discounts or special offers displayed will only be applicable for orders placed at the time of such display.
5. Payment & finance
5.1. ALL of our goods are CUSTOM MADE 100% payment is required upon order of the goods made through our website.
For all Orders, Goods will not be dispatched until full payment has been received.
6. Cancellation of an order
6.1. Cancellation by you, prior to delivery:-
6.1.1. In the event that you wish to cancel an Order in full or in part then you should notify us within 72 hours
6.1.2. As our goods are Custom Made Goods you will not have the right to cancel the Order after the 72 hour lock in period has elapsed.
If you do wish to cancel all or part of an Order for Custom Made Goods at any time after SOA confirmation then you will remain liable to pay for the Goods in full.
6.3. Cancellation by AV Soul: we reserve the right to cancel your Order (in full or in part) at any time due to any reason whatsoever including but not limited to the discontinuation of Goods or an inability to source the materials to make your Order within a reasonable time. We will notify you via the contact details provided on the SOA. Any payments made for such cancelled Goods will be refunded. AV Soul will not be obliged to offer any compensation.
7. Delivery & acceptance
7.1. Delivery of the Goods occurs when we have delivered the Goods to the delivery address as stated on the SOA.
7.2. The product prices displayed do not include delivery. The delivery charges can be viewed on the Website in the Delivery section. Please note that this delivery does not apply to international orders and certain larger Custom Made Goods and an estimate or a quote will be provided, as applicable.
7.3. The delivery charge shown is applicable for furniture made by AV Soul only.
7.4. Your furniture will be dispatched via a third party carrier and, if this is the case, we will notify you of the information relating to delivery and tracking details in advance – these deliveries will require a signature on delivery. If no one is available to accept the delivery then collection can be made from your nearest depot. Occasionally we may use other carriers for logistical reasons.
7.5. It is your responsibility to:
a) advise at the time of Order if there are any vehicle size or access restrictions which may affect the delivery; and
b) provide non-slippery protection for your floors (both for carpets and wooden flooring) from the front door to the final placement of the Goods. We cannot carry enough protective sheeting for all our deliveries. AV Soul cannot be held responsible for damage to floors or carpets if they are insufficiently protected; and
c) ensure that the access to the area and the area itself for the Goods to be installed is clean and clear of obstruction prior to our arrival. We are not responsible for moving any existing furniture or any other objects. We will not take any unwanted furniture or other objects away for disposal.
Please note: Our regular delivery schedules run on Mondays-Fridays. The delivery teams run to a tight schedule and we appreciate your assistance and cooperation in the above. Severe weather conditions may affect deliveries and this is beyond our control.
Installation does not include the mounting of mirrors or pictures on a wall.
Except in cases of negligence we will not be liable for any loss or damage suffered by you as a result of us installing the Goods or in the event of any delay in installing the Goods. For the avoidance of doubt this includes, but is not limited to, any loss of earnings through a cancelled, failed or otherwise unsuccessful scheduled delivery arrangement.
7.7. We will use reasonable endeavours to complete delivery on or before any delivery dates which you have requested or we have estimated at the time of placing the Order. If no dates are so specified, delivery shall be within a reasonable time. Any dates that we specify for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. We shall not be liable for any delay in delivery of the Goods howsoever caused.
We will not be obliged to offer any compensation for disappointment suffered. Upon giving reasonable notice to you, we may deliver the Goods in advance of the stated delivery date.
7.8. You shall accept a mutually pre-arranged delivery time/date (“Scheduled Delivery”) and you are responsible for ensuring that (i) you provide adequate delivery instructions, and (ii) appropriate access is available to the delivery team and their vehicle, and (iii) you, or a responsible adult on your behalf, are present to accept the delivery. If you are the cause of a failed delivery attempt, either due to failure on your responsibilities above or for any other reason whatsoever, then we reserve the rights to:
7.8.1. charge you for the unsuccessful delivery attempt; and
7.8.2. charge you for the costs (including insurance) of storing the Goods until actual delivery; and
7.8.3. charge you for a redelivery, if applicable.
Any charges levied under this clause 7.8 are for the provision of an extra service and are non-refundable.
7.9. If you wish to change the delivery date once it is agreed then please give us no less than 3 Business Days notice prior to delivery. Notice within 3 Business Days of a pre-arranged delivery time/date will incur a rescheduling charge of £60.
7.10. Responsibility for inspecting the Goods upon delivery rests solely with you. You shall examine the Goods upon delivery and shall promptly notify us (within 24 hours) of any apparent damage, defector shortages. We shall act promptly to resolve the issues.
7.11. Your failure to notify us otherwise within a reasonable time will result in you being deemed to have accepted the Goods. After acceptance you shall not be entitled to reject Goods in return for a refund, although you may be entitled to a repair or replacement of Goods in accordance with clause 10.
*Our delivery prices quoted are for England. Other part of the UK delivery charges apply for Orders including some parts of Scotland, Wales & Channel Islands & Highlands will be more expensive and are subject to quotes on application. These are not refundable; Additional items to an existing delivery or collection will be charged where there are extra costs involved for AV Soul.
8. AV Soul returns policy, exchanges & amendments to orders, faulty goods, refunds
8.1. Faulty Goods will be remedied free of charge. Following acceptance, if you do find a fault within your Goods we request that within 24 hours of such discovery you provide notification to us with a description of the fault including photos if possible and that you cease using the Goods. We shall act promptly to resolve the issue in accordance with your statutory rights, however please note that we shall not be liable if you continue to use the Goods or if you attempt to alter or repair the Goods without our written consent. There are no circumstances in which you can reject the Goods on the basis of defects or failures which are so slight that your rejection would be unreasonable.
8.2. Excepting clause 8.1, Goods must be returned in the same condition as delivered to you and must not be used. For the avoidance of doubt, any free gifts issued with the returned Goods are also to be returned.
The Distance Selling Regulations require that you take reasonable care of any item that you might wish to return. You, as the buyer, have a duty of care for the product whilst it is in your possession. You are the owner of the Goods once delivered to you and you are liable for any loss or damage. Failure to take reasonable care may result in a claim against you. To minimise the risk of any such claim we ask that you cover the Goods to protect from any damage, retain the original packing where applicable and use this when returning the Goods8.7.
8.3. No refunds or exchanges will be given on Custom Made
8.4. If you wish to add Goods to an existing Order then AV Soul will use reasonable endeavours to fulfil your request.
Such additional Goods are not subject to the same promotional offers as the original Goods unless the promotion is still active. Any excess payment due must be made prior to delivery of the additional Goods and extra delivery charges will not apply where:
a. the supply of such additional Goods can be included within a delivery for the original Order, whether scheduled or not, without causing any delay, complications or extra costs (at our own discretion).
9. Risk and retention of title
9.1. Ownership (“Title”) of all Goods shall remain with AV Soul until both (i) full payment has been received and (ii) the goods have been either collected or successfully delivered.
9.2. Risk in Goods (including damage & loss) shall pass to you at the time when you collect the Goods or when we deliver the Goods or, if you wrongfully fail to take delivery of the Goods, at the time when we have tendered delivery of the Goods.
10.1. Your Goods are guaranteed such that should any structural or manufacturing fault occur during the guarantee period then we will either repair or replace (at our own discretion) the faulty items free of charge, subject to the terms and conditions set out in this clause 10.
10.2. The guarantee applies to UK Mainland only.
10.3. We shall have no liability whatsoever in respect of this guarantee if any sum owing by you to us has not been paid.
10.4. The guarantee period begins on the date of collection/delivery and is dependent upon the furniture type, as set out here:
a) 5 year guarantee period: All AV Soul 100% wooden furniture.
b) 1 year guarantee period for leather parts of the listed items.
c) Any Goods which are not listed above have a 1 year guarantee. on Fabric (whether incorporated into an item or not) has a 1 year guarantee. Non AV Soul-brand items carry the manufacturer’s standard guarantee (usually 1 year).
10.5 Guarantee Exclusions:
a) Your Goods are guaranteed for normal domestic use, and not for commercial use.
b) Your Goods require some routine maintenance. Please take care to treat your furniture like the fine product it is. Proper care and use are essential to preserving your rights under this guarantee. We will not replace or repair your furniture if improper maintenance or improper use causes damage.
This guarantee does not apply if your product is damaged by the use of detergents, abrasives or other harsh cleaning agents.
c) Wood has certain natural characteristics such as shrinkage, swelling, hairline cracks and minor movement due to changes in temperature and humidity. These may appear and disappear with the changing weather conditions.
This will not affect the durability, serviceability or lifespan of your furniture and normal movement within wood is completely normal. These natural movements are not a structural defect and are therefore not covered under this guarantee.
d) Genuine leather contains natural characteristics that unmistakably distinguish it from imitation products – Individual hides or skins may display small markings such as healed scars, insect bites and growth wrinkles and will often show slight variations in surface colour and grain texture, the prevalence of these characteristics differs for each leather type. We actively source what we consider to be interesting hides and we do not consider these markings to be defects. Such markings and characteristics are excluded from the guarantee)
Naturally, fair wear and tear in normal domestic use is excluded. Please don’t be worried by this, it is a usual guarantee exclusion and all that it means is, for example, that we will not replace a piece of furniture that is 14 years old because it looks used – that’s fair isn’t it?!
f) Keep indoor furniture out of direct sunlight. The ultraviolet rays of the sun can damage and fade fabrics, leathers and wood – such damage is excluded.
g) Keep indoor furniture in and keep outdoor furniture out. The Goods are designed and built to suit their intended environment and thus are only guaranteed for such use.
10.6. The guarantee given by AV Soul shall only apply to the original purchaser as named on the SOA paperwork. It is not transferable or assignable.
IMPORTANT: Keep your paperwork safe! When you purchase your Goods please keep your SOA paperwork safe. This will contain your Order Number, which must be quoted in order for your guarantee to be valid. If you wish to make a claim under the guarantee please contact our customer services team by phoning us.
11. Domestic use
11.1. AV Soul Goods are sold for domestic use only. Any other intended use should be declared at the time of placing the Order and may be subject to alternative terms & conditions of sale. AV Soul takes no responsibility for, and will not incur any liability in respect of Goods which are used for purposes other than domestic without you having informed us at the time of placing your Order. Your statutory rights are not affected by these Terms. These Terms and the Website are governed by English law and the English courts shall have exclusive jurisdiction in respect of the same.
Please contact us if you have any queries about these Terms.