ScS Retail Terms & Conditions

1. Our Contract with you

1.1 This contract is between you and A. Share & Sons Limited T/A ScS, 45-49 Villiers Street, Sunderland, SR1 1HA. No other person shall have any rights to enforce any of its terms.

1.2 Please read these terms carefully and check the order before you sign it. We will confirm any changes in writing to avoid confusion. The contract will start and these terms will become binding on both of us once you have signed your order. The contract will end when we have both performed our obligations, including under any guarantee or warranty.

1.3 If you choose to pay by finance, you will need to enter into a separate finance agreement with one of our finance providers, subject to application and status. If you cancel the finance agreement, the contract will remain in force and you will need to find an alternative method of payment within 30 days and in any event before delivery.

1.4 Although we have made every effort to be as accurate as possible, because many of our products are made-to-order, therefore all sizes, weights, capacities, dimensions and measurements indicated in stores or on our website have a 2% tolerance.

1.5 You may make a request to change the colour or combination of your order within 5 days of placing your order. Changes may result in a revised delivery lead-time being agreed. Any agreed changes will be confirmed by us and are subject to these terms. We normally only deliver within our standard area. We may be able to deliver elsewhere; please contact us to discuss.

1.6 All orders for products are subject to availability. We will inform you as soon as possible if any product you have ordered is not available. We will not process your order for that product (and we will cancel the contract), unless you want to wait for the product to come into stock and a new delivery date is arranged with you.

2. Products

2.1 You will have no right to cancel the contract or to return a product once delivered, unless either the product does not conform to the contract, or we agree to the cancellation in writing.

2.2 Where we agree to the cancellation (rather than where there is a problem with it) we will confirm to you to tell you that the contract or product has been cancelled.

IMPORTANT: We may therefore deduct up to 25% of the contract price for the product (that is the purchase price and delivery charges) from your refund. If you have not paid 25% or more of the contract price at the time of cancellation, we may ask you to pay it, and we may put any deposit you have paid towards that sum. We will calculate the amount of any sum kept or charged by us by taking into account the losses and costs that we will reasonably have to bear because of your cancellation. It will never be more than 25% of the contract price for the product. This condition does not affect your legal rights in relation to products that do not conform to the contract

2.3 If you order stock furniture products off the shop floor, we will ask you to examine the products before placing your order. If you find faults with the products (including but not only faults arising from general wear and tear), please tell us before placing the order. All faults identified by either of us will be documented on a separate inspection sheet. This will be signed by both of us and form part of the contract. This condition does not affect your legal rights in relation to stock furniture products that do not conform to the contract.

IMPORTANT: We cannot guarantee a colour match between stock and products made to order.

2.4 Where you have placed your order on our website or via phone. Your 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 5 days from the order confirmation date without giving any reason. If your 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. 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.

3. Premium or Ultimate care package

3.1 For full terms and conditions of your Premium or Ultimate care package, including how to make a claim, what is covered, cancellation rights and refunds, refer to your Certificate of Insurance.

4. Price and payment

4.1 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.

4.2 All prices include VAT.

4.3 The product price excludes delivery charges, which will be stated on the order. The product price also excludes any redelivery charges (see condition 6).

4.4 IMPORTANT: 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, 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 revisit the store where you placed your order to sign relevant documentation to reflect any changes required to be made to the finance agreement as a result of a pricing error.

4.5 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 pay a deposit when placing the order, we will also charge your card when you contact us to pay the balance. Please note we do not accept personal cheques.

4.6 If we have delivered the products and your card is declined, you cancel, reverse or chargeback the transaction through your card issuer, or stop payment, we may instruct our external debt collectors or take action through the courts. Where we instruct external debt collectors, we may also require you to pay reasonable debt collection costs. You will have to pay these debt collection costs, and any interest due, in addition to amount you owe us. We may pay for all or part of this sum from your deposit (if any).

5. Delivery of Your Products

5.1 We will deliver the products to you or, you may collect the products from us if agreed. If you choose to pay by finance, you will not be permitted to collect the products from us: we will deliver them to you.

5.2 Deliveries will be made to the address in the order. If you want us to deliver the products to a different address from the order address, please contact us using the customer contact form on our website. You will need to provide us with the types of personal identification document we advise. We need both the new delivery address and your identification documents at least 7 days before the delivery date. If you choose to pay by finance, we also need the finance provider’s consent to change the delivery address. You must obtain this consent and provide it to us. 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. If we are unable to arrange a delivery date that is within 28 days of receipt we may have to cancel your order and deduct a charge for our reasonable administration, transit and storage costs from your refund. That charge will be no more than 25% of the contract price of the products (that is the purchase price but not the delivery charges which will be refunded in full).

5.3 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.

5.4 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.

6. Delivery Lead Times

6.1 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 on the order. We will only take your order if you agree to the delivery lead time and its approximate nature.

6.2 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 period 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.

6.3 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.

6.4 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.

7. Redelivery Charges – IMPORTANT

7.1 You will have to pay a redelivery charge if the products have to be redelivered. This will be for any of the following reasons: conditions 4.3 and 4.4; 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 delivery aged 18+ with authority to sign for delivery of the products.

7.2 The redelivery charges are the same as the original delivery charge. You must pay the redelivery charge before redelivery.

7.3 If delivery proves to be impossible on 2 or more occasions because of any problem listed in condition 6.1, we may cancel the contract and deduct a charge. That charge will be no more than 25% of the contract price of the products (that is the purchase price) and we will also retain the full delivery/redelivery charges.

8. Title and Risk

8.1 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) collects them from us. On delivery, the products will be owned by you and will be your responsibility.

9. If there is a problem with your product - IMPORTANT

9.1 We are under a legal duty to supply products that are in conformity with this contract. If you have any questions or complaints about the product, please call our dedicated helpline 0191 731 3300 or email at customersupport@scs.co.uk. 

9.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, or allow us to collect them from you. We will pay the costs of collection.

10. Our Guarantee

10.1 Please see your Care Guide given to you at the point of sale for our guarantee on products.

11. Our Warranty

11.1 We offer our usual warranty on all products for 12 months. 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 products remaining in the UK.

11.2 This usual warranty does not apply to any defect in the products arising from wilful 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.

11.3. 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 will be offered a price reduction or rescission as a remedy, based on the age of the products since delivery. Please note if the products where bought as an end of line or discounted range any monetary value of the products will based on the actual order price not the recommend retail value.

11.4 These terms apply to any repaired or replacement product/components we supply to you.

11.5 The warranty is provided to the purchaser only and is non-transferable.

11.6 This warranty does not affect your legal rights in relation to products. If we are unable to agree to a remedy, you have the right to refer your complaint to the  Furniture and Home Improvement Ombudsman. The Ombudsman is an independent, approved organisation to help resolve disputes. We will be bound by any final decision the Ombudsman make. 

12. Our Liability to you - IMPORTANT

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

12.2 Our delivery teams will take care not to cause any damage to your property, whilst we deliver your products to your home. If you do notice any damage please discuss this with the delivery team prior to their departure. Should the damage be noted after the delivery team have left please contact our please call our dedicated helpline 0191 731 3300 or email at customersupport@scs.co.uk. Damage must be reported within 2 days of delivery. 

12.3 Neither you nor we will be liable for loss of income, loss of anticipated savings or losses arising from any waste of time.

12.4 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.

12.5 We do not exclude or in any way limit our liability (a) for death or personal injury caused by negligence; (b) for fraud or fraudulent misrepresentation; or (c) as set out in

S.31 Consumer Rights Act 2015.

13. Events Outside our Control

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an event outside our control.

13.2 An “event outside our control” means any act or event beyond our reasonable control including (but not only), 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; 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.

13.3 If an event outside 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.

13.4 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 outside our control. Where the event outside our control affects our delivery of products to you, we will arrange a new delivery date with you after the event outside our control is over.

13.5 You may cancel the contract if an event outside our control continues for longer than 4 weeks and you no longer wish us to provide the products. We will only cancel the contract if the event outside our control continues for longer than 4 weeks in accordance with our cancellation rights.

14. How to Contact Us

14.1 If you have any questions, or if you have any complaints, please contact us. You can contact us by telephone on 0191 731 3300 or by email at customersupport@scs.co.uk. 

14.2 If you want to contact us in writing, you can send this to us by email, by hand, or by pre-paid post to ScS at 45-49 Villiers Street, Sunderland, SR1 1HA. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by email, by hand, or by pre-paid post to the address you provide to us in the order.

15. Other Important Terms

15.1 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.2 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15.3 The contract is governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts, and therefore Northern Irish residents may bring proceedings in Northern Ireland and Scottish residents in Scotland.