Website Terms & Conditions This site is operated by G Plan Upholstery Ltd., Hampton Park West, Melksham, Wiltshire, England, SN12 6GU. Reg No. 149073. By using or accessing the G Plan website, you agree to be legally bound by these terms and conditions. Please note that our products are not available for sale via the G Plan website and only through selected retail stockists. Separate terms and conditions apply to purchases made from our stockists. 1. Our company 1.1 We are G PLAN UPHOLSTERY LIMITED, a company registered in England and Wales. Our Company Registration number is 149073 and our registered office is 1, Hampton Park West, Melksham, Wiltshire. SN12 6GU. Our registered VAT number is 850897389. 2. Products & services 2.1 All descriptions of the products on Our Website are correct at the time of publication. Our policy of continuous product development means we reserve the right to amend the specification of products without prior notice in relation to future sales. 2.2 The measurements of the products are as accurate as possible but are nevertheless approximate. Images of the products on Our Website are for illustrative purposes only and, although we have made every effort to represent the colours as accurately as possible, we cannot guarantee that the colours shown accurately reflect the colour of the products. 2.3 We will endeavour to match the colour and texture of the fabric of your product to the samples chosen as accurately as possible, but variations in both the colour and texture may occur. 2.4 Leather products are made from high-quality natural leather and accordingly the colour and texture may not be uniform. Only the finest hides are selected but they will show natural marks and scars on the hide. Some leathers will mellow with age and exposure to sunlight and heat. 2.5 Our products are intended solely for domestic use in the UK and we give no guarantees or undertakings in respect of the use of our products for commercial purposes. By agreeing to these terms and conditions, you agree that we are in no way responsible for any non-domestic or commercial use of our products and that you have no rights to cancel this purchase if you are purchasing the Product in a business capacity. 2.6 Product lead times and delivery dates provided on the website and subsequently communicated in any form are estimates and cannot be guaranteed. 3. Guarantees 3.1 The provisions of this clause apply in addition to your legal consumer rights in relation to faulty or misdescribed goods, which are not affected by the guarantees set out in this clause. For the purpose of this clause the guarantor is G Plan Upholstery Limited, registered address: 1, Hampton Park West, Melksham, Wiltshire. SN12 6GU. 3.2 We offer a 10 Year Steel Frame & Moulded Foam Guarantee on all our Ergo and Ergoform chairs. All other G Plan sofas, armchairs and footstools despatched since 01.11.19 come with a frame and frame construction guarantee for 25 years from the date of delivery. All models feature a 10-year Spring Guarantee. Springs within recliner mechanisms are not covered. Elevate Rise & Recline chairs also include a 5 Year Guarantee on the Handset, Mechanism & Motor. All G Plan guarantees cover claims by the first owner of products with normal use, purchased from Our Website and approved stockists only. They do not cover wilful damage caused by abnormal use or storage conditions, accidents, negligence by you or a third party or any commercial or institutional use. Failure to follow the written instructions in the Care Guide or provided with the product will invalidate the claim. Any alterations or repairs carried out without our written permission will also invalidate the claim. We do not recommend or endorse any form of stain protection on our fabrics. Our guarantees do not affect your Statutory Rights. 3.3 Our guarantees are limited to goods sold and retained in mainland United Kingdom and used solely in private residences and not in commercial or rental properties. 3.4 In the event of a claim under guarantee occurring, please contact online-orders@gplan.co.uk quoting your sales order number, your address, contact details and a summary of the problem with accompanying photos if requested. We will then notify you whether the claim is valid via telephone or e-mail within a reasonable period of time. 3.5 In the event of an accepted claim under guarantee we will endeavour to repair the defective goods, in your home, free of charge. If a repair is not possible you will be offered a replacement and only if a suitable replacement is not available will you be offered a refund. 3.6 We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged or wrongly delivered goods, over and above the value of the actual goods themselves supplied by us. This does not affect your legal rights. 3.7 We have a legal duty to supply products that are in conformity with the Contract, and nothing in these terms will affect your legal rights if we fail to do so. In summary, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality and during the expected lifespan of your Product. Your legal rights entitle you to the following remedies: (a) up to 30 days: if your Product is faulty, you’re entitled to a full refund in most cases. (b) up to six months: you’re entitled to a full refund in most cases if the Products cannot be repaired or replaced. (c) up to six years: you may be entitled to some money back if the Product does not last a reasonable length of time. These are subject to certain exceptions. 4. Our liability 4.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. 4.2 Our liability for losses you suffer as a result of us breaking the Contract is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable result of us breaking the Contract or failing to use reasonable care, but we are not responsible for any loss or damage which is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or, at the time the Contract is made, both you and we knew that it might happen (for example, if you discussed it with us during the sales process). 4.3 Nothing in this clause limits in any way our liability: (a) for death or personal injury caused by our negligence; (b) for defective products under the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; (d) for breach of your legal rights in relation to the Products, including the right to receive products which are as described and match information we provided to you and any sample seen by you, of satisfactory quality and fit for any particular purpose made known to us; or (e) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. 4.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. 5. Use of your personal information 5.1 For full details of how we will use personal information that you provide to us, please see our Privacy Policy. In summary, we will use such information to supply the Products to you and, if you agreed to this during the order process, to give you information about similar products that we provide but you may stop receiving this information at any time by contacting us. 5.2 We will only give your personal information to third parties where the law either requires or allows us to do so. 6. Events outside our control 6.1 We will not be liable or responsible for any failure to perform, or delay in performing, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 6.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: • Strikes, lock-outs or other industrial action; • 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, pandemic or other natural disaster; • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; • Impossibility of the use of public or private telecommunications networks; • The acts, decrees, legislation, regulations or restrictions of any government. 6.3 Our performance under any Contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. 7. Other important terms 7.5 These are the only relevant terms. These terms, any documents referred to in them and our Website Terms of Use and Privacy Policy are the entire agreement between us. In entering into the Contract, neither of us has relied on anything said or written by the other prior to entering into the Contract, and neither of us will have any remedy in respect of any untrue statement made by the other prior to the date of any Contract (unless such untrue statement was made fraudulently). 7.6 We may amend these terms. We have the right to amend these terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force when you order products from us, unless any change to them is required by law or governmental authority (in which case it will apply to orders previously placed by you), or we notify you of the change to them before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the changes, unless you notify us to the contrary within seven working days of receipt by you of the Products). 7.7 Which laws apply to this Contract and where you may bring legal proceedings. These terms and the Contract are governed by the laws of England and Wales and you can bring legal proceedings in respect of the products in the courts of England and Wales or, if you live in Scotland, in the courts of either Scotland or England and Wales or, if you live in Northern Ireland, in the courts of either Northern Ireland or England and Wales. 7.8 What to do if you have a complaint. Your views are important to us and if we do not deliver to the high standard of service you should expect, or if we make a mistake, we want to know. We will investigate your complaint and try to resolve the problem as quickly as possible. If you have any complaints about the products or services that we have provided, Please contact online-orders@gplan.co.uk or telephone 01225 700880 and we will do our best to resolve it. In addition, please note that disputes may be submitted for online resolution to the European Commission online dispute resolution platform. Website Terms of Use This page provides the terms of use on which you may make use gplan.co.uk website (Our Website). By using Our Website, you confirm that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using Our Website. Our Website is operated by G PLAN UPHOLSTERY LIMITED, a company registered in England and Wales. Our company registration number is Registered no: 149073 and our registered office is: 1, Hampton Park West, Melksham, Wiltshire. SN12 6GU. Our registered VAT number is 850897389. Our Website is directed to people residing in the United Kingdom. We do not represent that content available on or through our Website is appropriate for use or available in other locations. 1. Accessing our site 1.1 You may access most areas of Our Website without registering your details with us. The customer account area of Our Website will only be open to you if you register. 1.2 Passwords or any other form of access codes should be treated as confidential and not shared with any other person. If you suspect that your password has been discovered by a third party you should log in to your customer account and reset it as soon as possible. 1.3 We reserve the right to withdraw or amend the service we provide on Our Website without notice. We do not guarantee that Our Website, or any content on it, will always be available or be uninterrupted and will not be liable if for any reason Our Website is unavailable at any time or for any period. 1.4 You are responsible for making all arrangements necessary for you to have access to Our Website. You are also responsible for ensuring that all persons who access Our Website through your internet connection are aware of these terms, and that they comply with them. 1.5 You may only use Our Website for its intended lawful purposes and not for any other purpose. 2. Intellectual property rights 2.1 We are the owner or the licensee of all intellectual property rights in Our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 3. Information about your visit to our site 3.1 We will only process information about you in accordance with our Privacy Policy. 3.2 Any material downloaded or otherwise obtained through the use of Our Website is at your own discretion and risk. You will be solely responsible for any damage to your own computer systems or loss of data that results from the download of such materials. 4. Transactions through our site 4.1 Contracts for the supply of goods or services formed through Our Website or as a result of visits made by you are governed by our Terms and Conditions. 5. Linking 5.1 You may link to Our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. 5.2 Where Our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. 6. Trademarks 6.1 You are not permitted to use any registered trademark found on Our Website without our approval. If you wish to make any use of material on our site other than that set out above, please address your request to customer.service@gplan.co.uk. A list of the registered trademarks which may be used on Our Website from time to time can be found in Section A. 7. Liability 7.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering Our Website) and any of our group companies and the officers, directors, employees, shareholders and agents of any of them exclude all liability and responsibility for any kind of loss or damage whatsoever that may result to you or any third party in connection with Our Website in any way or in connection with the use, inability to use or the results of use of Our Website, any website linked to Our Website or the material on Our Website or any such sites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software or data or other property on account of your access to, use of or browsing Our Website or any websites linked to Our Website or your downloading of any material from Our Website or any websites linked to Our Website. 7.2 Nothing in these Website Terms of Use will exclude or limit our liability for death or personal injury caused by our negligence, fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law, including without limitation under all relevant consumer law. 7.3 If your use of any material on Our Website results in the need for servicing, repair or correction of equipment, software or data, you assume all the costs thereof. 8. Damage to your computer We do not guarantee that Our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access Our Website. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Website, the server on which Our Website is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this clause 8, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Website will cease immediately. 9. Accuracy of content Although we make reasonable efforts to update the information on Our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on Our Website is accurate, complete or up to date. In respect of any orders for products you may make in the course of accessing Our Website, we endeavour to display the texture and colour of our products as accurately as possible, however we cannot guarantee that the products displayed on Our Website will match the exact colour displayed on your own computer or monitor. To afford you greater clarity over the texture and colour of the products we offer, please contact the G Plan consumer care at ConsumerCare@gplan.co.uk to request a sample swatch. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of or reliance on any content displayed on Our Website. 9. Applicable law 9.1 These Website Terms of Use and any dispute or claim arising out of or in connection with them will be governed by the laws of England and Wales. 9.2 The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Website Terms of Use. 10. Your concerns If you have any concerns about material that appears on Our Website, please contact us. SECTION A: REGISTERED TRADEMARKS The following are registered trademarks of Sofa Brands International Limited: COUNTRY MARK REGISTRATION NO. UK G-PLAN 777846 UK 990447 UK G PLAN STUDIO 2329773 UK 2579214 UK 2579212 UK G PLAN ERGO 3202124 UK ERGO SIT ErgoSit 3202127 UK ERGO RECLINE ErgoRecline 3202129 UK G PLAN SNUG SIT G Plan SnugSit 3202137 UK ERGO FORM ErgoForm 3202133 EU 302448 EU 10541936 EU 12922721 EU SIGNATURE COMFORT 12922761 EU 13261631 EU G PLAN 13747779 EIRE 97918 UK 3729672 UK 2545245
