Snug Shack Limited is a company registered in England and Wales under company number 11397728, with its registered office at 54 Sun Street, Waltham Abbey, Essex, United Kingdom, EN9 1EJ and with VAT number 332255331 (the "Company"). The Company operates the website: www.snugsofa.com (the "Website"). The store on the Website is hosted through Shopify Inc., who provide us with the online e-commerce platform that allows us to sell our products to you.
1. Understanding these Terms
1.1 The terms & conditions ("Terms & Conditions") are divided into three parts:
1.1.2 part 2: the terms of sale ("Terms of Sale"). These set out the terms on which you may order the products available on the Website ("Products"). The Terms of Sale will become binding on you when you submit an order for Products via the Website and will be incorporated into the contract between you and us in relation to such order for Products ("Contract"); and
1.2 When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.3 In these Terms and Conditions, when we refer to "we", "us" or "our", we mean the Company; and when we refer to "you" or "your" we mean you, the person accessing or using the Website.
2. The Website
2.1 The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
2.3 The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.
2.4 You may only use the Website for your own domestic, private and non-commercial use.
3. Your Account & Password
3.1 You may register an account with us on the Website when using our services ("Account"). In order to register an Account, you must be aged 18 or over. If you register an Account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. You must treat such the password as confidential and you must not disclose it to any third party. Once you register an Account, you will be a “Registered User”.
3.2 You agree that:
3.2.1 all the information that you provide to us in connection with your Account is complete and accurate;
3.2.2 you are the person whose details you have provided; and
3.2.3 you will notify us immediately if there are any changes to the information you have provided to us.
3.3 We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
3.4 If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at firstname.lastname@example.org.
3.5 You are responsible for any unauthorised use of your Account login details.
4. Acceptable Use
4.1 You agree not to:
4.1.1 use the Website in any way that breaches these Terms and Conditions or any applicable local, national or international law or regulation;
4.1.2 copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in these Terms and Conditions; or
4.1.3 do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website.
4.2 We do not guarantee that the Website will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.
4.3 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, 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 the Website will cease immediately.
5. Intellectual Property
5.1 We are the owner or licensee of all intellectual property rights in the Website and its content, the SNUG name and mark and SNUG product names, images and packaging. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
5.2 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms and Conditions. You must not use the Website (or any part of it or its content) for commercial purposes; however, you may download material from the Website solely for non-commercial, personal use by you.
5.3 No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
5.4 Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to buy products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
6. Our Liability
6.1.1 death or personal injury caused by our negligence;
6.1.2 fraud or fraudulent misrepresentation; and
6.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
6.4 We only supply the Website for domestic and private use. You agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.5 The Website may from time to time contain links to third party websites. You are responsible for deciding whether to access a third party website and your use of third party websites will be governed by the terms and policies of that third party website. We assume no responsibility for the content of websites linked to from the Website (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
PART 2: TERMS OF SALE
7. Ordering Products
7.1 Please note that any purchases made through the Website are intended for domestic, private and non-commercial use only. You should only make purchases from the Website if you are acting for purposes that are wholly or mainly outside of your trade, business, craft or profession (a “Consumer”). By making a purchase through the Website and accepting these Terms of Sale, you represent to us that you are acting as a Consumer and not for purposes relating to your trade, business, craft or profession.
7.2 You must be at least 18 years old to place an order for Products via the Website (an "Order").
7.3 In order to submit an Order via the Website you must follow the procedure set out on the Website to submit your Order. You may choose to register an Account when submitting an Order. The order process allows you to check and amend any errors before submitting your Order. Please check your Order carefully before confirming it, as once your order is submitted we will being processing it immediately. You are responsible for ensuring that your Order is complete and accurate, including but not limited to, any payment-related information. The Order process is only available in the English language and we will not file a copy of any contract formed between you and us.
7.4 Your Order constitutes an offer to us. We will confirm our acceptance of your Order by sending you an email confirming the information you included in your Order and providing a delivery estimate (the "Confirmation Email"). These Terms of Sale, the General Terms and the Order will become legally binding on you and us when we send you the Confirmation Email and each Order shall incorporate the Terms of Sale and General Terms and shall be a new and separate Contract between you and us.
7.5 Please note certain Products may be available exclusively online through the Website and are subject to availability.
8.1 Delivery charges and timescales vary depending on your delivery address. You’ll find full details on our delivery page: here.
8.2 We only sell to the UK. Our Website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
8.3 We will provide you with a delivery estimate during the Order process, and will confirm such delivery estimate in the Confirmation Email.
8.4 If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
8.5 If no one is available at your address to take delivery of the Products, we will leave you a note informing you of how to rearrange delivery the Products.
8.6 If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the Contract and clause 2 will apply.
8.7 You have legal rights if we deliver the Products late. If we miss the delivery deadline for any Products then you may treat the Contract as at an end straight away if any of the following apply:
8.7.1 we have refused to deliver the Products;
8.7.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
8.7.3 you told us before we accepted your Order that delivery within the delivery deadline was essential.
8.8 If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under clause 7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
8.9 If you do choose to treat the Contract as at an end for late delivery under clause 7 or clause 8.8, you can cancel your Order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the Order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, please contact us using the details set out in clause 19.2 for to arrange collection. We will pay the costs of collection.
8.10 A Product will be your responsibility from the time we deliver the Product to the address you gave us. You own a Product once we have received payment in full.
9.1 The prices for the Products and delivery are set out on the Website and are inclusive of VAT.
9.2 You shall pay for the Products using one of the payment methods set out in the Order process (the "Payment Methods"). You confirm that the card or bank account which is being used is yours, or that you have the authorisation of the account holder to use it. If you use a Payment Method which you are not authorised to use, you will be liable to us for any losses that we suffer as a result of your use of that Payment Method.
9.3 It is always possible that, despite our best efforts, some of the Products may be incorrectly priced. We will normally check prices before accepting your Order so that, where a Product's correct price at the time of your Order is less than our stated price at that time, we will charge the lower amount. If the Product's correct price at the time of your Order is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract and refund you any sums you have paid.
9.4 If your payment is not authorised, your Order will not be fulfilled.
10. Cancellation & Refunds
100 Day Trial Period
10.1 As a gesture of goodwill, we offer a 100 day return policy on our Products (depending on your delivery address) if you return the Product in a condition which we think is resalable, taking into account any rips, tears, marks, defects or other damage to the Product which were not a fault of ours. You can find further information on our 100 day trial period here. Please note your additional statutory rights to a refund or exchange under applicable consumer law are not affected.
Cancellation/Changes to an Order
10.2 You have a legal right to change your mind and cancel the Contract between you and us within 14 days of delivery of your Products without giving a reason. This right, under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013, is explained in more detail below. Please note that the right to change your mind does not apply to any bespoke Products you purchase from us (i.e. Products that we create to your specification or are clearly personalised).
10.3 The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. You may cancel the Contract in respect of all Products delivered or in respect of certain of the Products only. Where you order multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Product, part, lot or piece that makes up your Order.
10.4 To exercise the right to cancel, you must inform us of your decision to cancel the Contract with us by making a clear statement (e.g. a letter sent by post, email or telephone call). The easiest way to do this is to contact our Customer Happiness Team, their contact details can be found in clause 2. You may use the following model cancellation form but you are not required to do so: