Terms & Conditions

www.johnsankey.co.uk and the John Sankey brand is a website and brand name, operated, under license, by Eco Benchmade Upholstery Ltd (“EBU”). EBU is registered in the U.K. under company number 14710054. Our registered office is at Unit 1 Milner Road, Long Eaton, Derbyshire. NG10 1LB. Our VAT number is GB435562971.

Throughout the site, the terms “we”, “us” and “our” refer to EBU and/or the John Sankey brand, as appropriate. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms and Conditions” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. In these Terms, any references to “you”, “your”, “yours” is a reference to users of the site as described above. Any reference to ‘Products’, ‘furniture’, ‘items’, ‘goods’ or ‘order’ is a reference to the Products designed by us and supplied to you as part of the contract for the sale of goods. Unless the context otherwise requires, words in the singular shall include the plural and vice versa.

Please read these Terms and Conditions carefully before accessing or using our website, and before you submit an order to us. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms of this agreement, then you may not access the website, order from us, or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the website shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

From time to time, we may run sales promotions or other offers that have terms and conditions that apply in addition to these Terms and Conditions (such additional terms being, “Additional Terms”). In such cases, the Additional Terms for such promotion and/or offer will apply in addition to these Terms and Conditions for that offer and/or promotion. In the event that such Additional Terms contradict or are inconsistent with these Terms and Conditions, these Terms will prevail.

1.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the Products. The Products that are delivered to you may vary slightly from those images.

1.2 Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.

2.1. We continuously develop our Products and we therefore reserve the right to amend the specification of Products without prior notice in relation to future sales.

2.2. The measurements of all Products made by us will be as accurate as possible but are approximate, and you should allow +or -3cms.

2.3. A Bespoke Order is an order for a Product custom made to your specifications and / or requirements (e.g. using your own material and/or measurements). If we are making the product to measurements you have provided, you are responsible for ensuring that these measurements are correct. Our Products are hand made by skilled craft persons and the final dimensions of the finished Product will be within +or -3cms of the requested measurements.

2.4. A Made to Order, is an order for a Product, configured by you from options selected by you on our web site.

2.5. It is your responsibility to check all the details on the order form are correct, including the exact specifications of the Products and delivery details.

3.1. Many of our Products have natural wood exposed, such as the wooden legs. As with all natural materials, wood will change with age and exposure to sunlight.

3.2. Fabric batches may vary. Most of our fabrics are created from natural materials, and thus, unlike man made products, there can be slight variations between batches. The most common variation is that of colour, although the actual variation is often almost negligible or very slight. Some fabrics will be more affected than others.

3.3. Whilst we endeavour to make all your order from the same batch, we cannot guarantee that subsequent orders will match your original order.

3.4. Because of the nature of the materials used, any finishes that are applied to the exterior of our Products may alter the final colour and feel of the fabric.

3.5. We cannot accept any responsibility for fading or discolouration caused by exposure to direct or indirect sunlight. Sunlight affects different fabrics in different ways, but sunlight, whether direct or indirect, will nevertheless always affect fabric colour. Darker fabrics are likely to discolour and fade more. Different fabrics, dark or light are liable to fade or discolour at different rates.

3.6. After delivery, we cannot accept any responsibility for fading or discolouration, due to exposure or contact with any chemicals sprayed nearby or applied directly. Please also note that there are certain aerosol sprays, most particularly odour neutralisers and nicotine neutralisers, which contain chemicals that can react with fabric dyes (these Products will normally warn against spraying close to upholstery without first covering it).

4.1. The price of any Product will be as quoted on our site, except in cases of obvious error.

4.2. The price of any Product may change from time to time, but changes will not affect any order we have accepted.

4.3. The price of a Product includes VAT (where it applies) but excludes any delivery costs, which where applicable will be added to the price of the Products and set out as part of the total amount due during the ordering process.

4.4. To see the relevant delivery charges for a product, please refer to our Delivery page on our website. If you live outside the UK, please note that the price you see on our website may differ from what we charge you, due to, for example, differences in your country’s VAT rate.

5.1. Every effort is made to ensure the complete accuracy of our website; however, some prices/details may change from time to time and it is possible that errors may occur. If we discover an error in the price of the Product(s) you have ordered, we will inform you as soon as possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order. If we are not able to reach you using the contact details you provided during the order process, then we may treat the order as cancelled and notify you of this by email. If an order for Products is cancelled in accordance with this clause 5 and you have already paid for the Products, we will give you a full refund as soon as reasonably possible (and in any event within 30 days of cancellation).

5.2. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

6.1. We process information about you in accordance with our Privacy Policy. By submitting your personal information to us, you consent to such processing and you warrant that all data provided by you is accurate.

6.2. The Website uses cookies. For more information on which cookies we use and how we use them please see our Cookies Policy.

7.1 We accept payment with the payment methods listed on our site. You must pay for the Products and any applicable delivery charges in advance of delivery of the Products. At the point of order, deposits of 50% or 100% of the total order value are required, depending on the Product purchased. If you pay a 50% deposit at the point of order, the remaining 50% balance is required three (3) weeks before delivery. Products cannot be delivered until full payment is received.

7.2 The contract for sale arises once we have (1) accepted the order, evidenced by a return email confirmation and; (2) received a valid payment or deposit in accordance with clause 7.1 (credit card charge, debit card payment details or bank transfer).

7.3 We are entitled to refuse the placement of any order.

7.4 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.

8.1 The Products will be at your risk from the time of delivery.

8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

9.1 The provisions of this apply in addition to your statutory consumer rights in relation to faulty or mis-described goods. These rights are not affected by the guarantee. Advice about your legal rights is available from your local Citizens’ Advice Bureau of Trading Standards Office.

9.2 We provide the following limited warranties to the original purchaser of new furniture, subject to the limitations and exclusions stated below:

9.3 Your Furniture Frame and Springs: Subject to you registering your guarantee on our website at www.johnsankey.co.uk we provide a life-time warranty on the frame and springs of your furniture. While your frame is under warranty, we will repair or replace any part of it that is defective in material or workmanship. The decision to repair or replace any part of the furniture will be made at our discretion. Please note: our Lifetime Guarantee does not apply to any purchases made before March 2014.

9.4 Cushions: are warranted against defects in materials and workmanship for a period of three (3) years. This does not include flattening of the cushions

9.5 Fabric Coverings: Fabric coverings, other than Customer’s Own Material, are warranted for one (1) year against manufacturing defects, seam slippage, pilling (unless pilling is a natural characteristic), shrinkage, and nap loss.

9.6 For the first three (3) years after your purchase, we will be responsible for the delivery cost of defective furniture residing in the United Kingdom mainland to and from our factory. Starting Year (4) and continuing for the duration of the warranty, you will be responsible for the delivery cost of the furniture to and from our factory. For those outside the United Kingdom, you will be fully responsible for the transportation to and from our factory, including any damage that could be caused.

9.7 This warranty does not cover fabric fading caused by stains from spills including but not limited to acids, solvents, dyes, ink, paint, other corrosive chemicals, bodily fluids, exposure to sunlight, bright light, or extreme heat. Use of any aftermarket soil or leather protector not approved by us in writing will void this warranty. Colourfastness and durability of Fabric Covering are also excluded from the warranty.

9.8 These warranties and guarantees do not cover fair wear and tear, neglect, abuse or misuse of your goods, loss or damage (including rusting and corrosion) due to unreasonable exposure to water, heat or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, damage by animals generally or theft, or accidental damage or loss caused by a third party.

9.9 Limitations and Exclusions – For those outside the United Kingdom mainland, you will be fully responsible for the transportation to and from our factory, including any damage that could be caused. This warranty only covers new furniture and furniture sold on our Outlet. New furniture is furniture purchased new from us or from one of our dealers. Only claims by the original purchaser will be accepted. Furniture sold as “AS IS”, and any furniture sold by an unauthorised Retailer, will be outside of any warrantee or guarantee.

9.10 Proof of Purchase and Warranty Start date: To make a warranty claim you must have the original purchase receipt or a copy thereof. This warranty commences on the date of delivery.

9.11 To initiate a warranty claim, a return, or report a product damaged in transit, please contact us at enquiries@johnsankey.co.uk.

10.1 Subject to the rest of this clause 10, you have the right to cancel this contract and return Products bought from the Outlet at any time before delivery of the goods, or within 14 days from the day you receive your goods. We will refund you for the purchase price of Outlet Product(s), and if we have not delivered the product, we will also refund the delivery charge, subject to the limitations below.

10.2 If you place an order for Made to Order Product or a Bespoke Order Product we generally start the manufacturing process within 48 hours of us receiving the confirmed order and/or the required payment. Changes to the order may not be possible or may incur an additional cost. It is your responsibility to confirm the accuracy of any order for a Made to Order Product.

10.3 You have the right to cancel this contract and return Made to Order Products at any time before delivery of the goods, or within 14 days from the day you receive your goods, subject to a 50% restocking charge. The restocking charge will be deducted from any amount refunded to you by us. If we have not delivered the product, we will also refund the delivery charge.

10.4 Bespoke Order Products are custom made to your specification and cannot be cancelled, either before or after delivery. A Bespoke Order Product may not be returned and cannot be refunded, unless it is defective or has been accidentally damaged by us in the delivery process.

10.5 If you wish to return the goods, we will apply a charge for the collection of the goods which will be equal to, if not more than the original delivery charge paid by you. We will collect the goods from the UK mainland address to which we originally delivered the Products. Alternatively, you can arrange to have the goods delivered to our main premises, but you will be responsible for all transportation costs and we take no responsibility for any damage that is incurred during the shipping process.

10.6 Products, residing in the UK mainland which are returned because of a manufacturing damage or fault will have no collection charge. However, all arrangements for their return must be agreed with us in writing. If you deem a product to be faulty, photographs must be sent to sales@johnsankey.co.uk in the first instance. We will contact you once we receive the photographs and arrange for the fault to be repaired.

10.7 In the event of you advising us that you have a fault with the Product, we reserve the right to repair or replace the Product. Depending upon the issue, it is often less of a disruption to you to send a technician to rectify the issue in your home, rather than collecting the furniture and bringing it back for repair and then redelivering. We will discuss this with you at time.

10.8 Products must be returned to us in like new condition to qualify for a refund of all or part of the purchase price. We reserve the right to make reasonable deductions from the amount refunded to you if there are signs of wear and/or damage to the Products. All returned Products will be inspected in our premises and, if deemed to be damaged, we will charge you a fee to reflect the amount by which the value of the Products has been diminished. To minimise the risk of any such claim we recommend that you return the goods in the original or appropriate packaging.

10.9 If you wish to exercise your right to cancel, please contact us on 0115 946 2121 or email us at enquires@johnsankey.co.uk.

10.10 Our Refund Policy does not affect your statutory rights.

11.1 Included in any bespoke full priced online purchase a complementary refurbishment option. The refurbishment option is only available to the original purchaser of the furniture and may only be used once during the lifetime of the furniture.

11.2 While you may only use the Refurbishment Option once during the life of the furniture, we will be happy to re-upholster, repair and restore your furniture on another occasion, subject to the price agreed at that time.

11.3 The decision as to whether any part is capable of being repaired or restored will be made at our discretion.

11.4 The following are not included in price of the Refurbishment Option:

11.4.1 the cost of the fabric and/or other trimmings required to re-upholster your furniture. Alternatively, you may supply your own fabric. Please note the terms below relating to Customer Own Materials.

11.4.2 the cost of collection and delivery of the furniture.

11.4.3 the cost of any new cushion interiors.

11.4.4 the cost of replacing any part of the furniture that we determine is beyond repair.

11.5 We will provide you with a quote for each of the costs listed prior to carrying out the work.

11.6 To initiate the Refurbishment Option and arrange collection, please contact us at enquiries@johnsankey.co.uk or contact us on (+44) 0115 946 2121.

12.1 This clause applies to any fabric that you provide to us or which you specify and is not offered on our website (‘Customer Own Material’). This applies to any Product that, at your request, we make with Customer Own Material “COM”) as a ‘Customer Own Material Product’.

12.2 We may refuse to use any COM which we deem to be unsuitable for purpose.

12.3 We may cut, work on and otherwise treat and deal with your COM as we consider appropriate in the course of making the Product, if you have any specific instructions you must send these in writing to us at the time you arrange for the fabric to be sent to us.

12.4 Unless you state in writing with your order that surplus should be returned to you we may use or dispose of excess fabric or items as we think fit.

12.5 COMs will become owned by us when we receive them; ownership in any of them which we return to you (whether unused or incorporated in the Product) will revert to you upon delivery to you.

12.6 We cannot plan the manufacturing order until we have received the COM and it has passed our quality control inspection and you have supplied the relevant FR certificates.

12.7 You agree to ensure that your Customer Own Material is in all respects safe and suitable for application in the Product, including without limitation that it complies with all prevailing UK laws and regulations including the FURNITURE AND FURNISHING (FIRE) (SAFETY) REGULATIONS 1988.

13.1 In order to comply with its statutory obligations under the Regulations we set out below information relating to the Products so that you may understand the labels and quality of the goods supplied.

13.2 Furniture: Upholstery items contain combustion modified foam and non-foam fillings which have been tested and pass the ignitibility tests in regulation 6, schedule 1 part 1 and schedule 2 part 1 of the Regulations, respectively.

13.3 Fabrics: for fabrics supplied under your order, either on upholstery items or separately:

13.4 (INT) denotes fabric passes the cigarette test (schedule 4 of the Regulations) only but has a composition of at least 75% by weight of natural fibres. When used on upholstery items the fabric complies with the Regulations by the inclusion of an inter-liner (schedule 3 of the Regulations).

13.5 (FR) denotes fabric passes the cigarette test (schedule 4 of the Regulations) and the match test (schedule 5 of the Regulations) and complies with regulations 8 (permanent covers) and 9 (loose covers) of the Regulations.

14.1 Our delivery charges vary depending on the delivery address in mainland UK. You will be provided with a quote before placing your order, or any time at your request. You reserve the right to arrange your own delivery, but you will be responsible for all transportation costs and we will take no responsibility for any damage that is incurred during the shipping process.

14.2 We will notify you when your Products are available and will contact you to arrange a date for delivery to the address specified by you. You will be provided with an estimated delivery time slot approximately 24 hours before delivery once the delivery route has been planned.

14.3 You are required to take delivery on the date you have agreed with us. If you cancel the delivery later than 8am 2 days prior to your delivery date, we reserve the right to charge you for the cost of delivery in addition to the delivery cost you have already paid. If you are not available to accept the delivery when we arrive at your address within the agreed time slot, we reserve the right to charge you an additional redelivery fee and the cost of storing the Products until they can be delivered. This payment will be due before redelivery.

14.4 Time of delivery is not guaranteed in these terms and conditions. We will not be liable for any direct or indirect loss of profits or other financial loss or damage incurred by you through any delay.

14.5 For all deliveries we will exercise every caution and extend every courtesy during delivery. Please note that we cannot be held liable for any accidental damage to your property or person, however caused. We will only enter your premises under these conditions.

14.6 We will reasonably endeavour to deliver items to a room of your choice. The room must be accessible to two delivery people either on the ground floor or via suitable stairs or an elevator and without the need for mechanical lifting equipment. Any potential issues with delivery due to access must be raised at the point of order. Please read our Delivery Guide available at www.johnsankey.co.uk. It is your responsibility to make sure that the furniture you order from us will be able to easily be carried through into your room of choice. You may be liable for any costs incurred in remaking the frame to allow delivery. You will also have to pay the cost of re-delivery. Delivery is always subject to the health and safety of the delivery personnel including manual handling guidelines and regulations as laid down by the Health and Safety Executive (www.hse.gov.uk).

14.7 Please note that all delivery charges include no allowance for the removal of windows, doors, or other fixtures.

14.8 At the time of delivery, the Products will usually be unpacked and assembled, unless otherwise specified by you. A signature will be required to acknowledge delivery. The signature of the person accepting delivery at the delivery address will be proof that you or the person to whom the order is addressed has received delivery.

14.9 You are responsible for checking the condition of the Products delivered and must highlight any issues upon receipt with our delivery partner. We will agree appropriate means of rectifying the issues that are presented at this time.

14.10 Your Products will be constructed to the highest possible standards. Should you have any concerns prior to or following delivery please contact us on 0115 946 2121 or at enquiries@johnsankey.co.uk.

15.1 Any samples, drawings, descriptive matter or advertising produced by the us and any descriptions, photographs or illustrations contained on our web site or in catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of any offer from us or have any contractual force

16.1 From time to time, we may run prize draws, competitions, or other prize promotions (“Competitions”) on our site.

16.2 The length of time the Competition runs for, the conditions for entry to the Competition and the prizes for winning or taking part in the Competition will be subject to our discretion and will be available for time to time on our Competitions page.

16.3 We will make the rules of any Competition we run available to you before you participate in the Competition

Each of the provisions of these Terms and Conditions operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

We may modify or update these Terms and Conditions from time to time for reasons including: (a) changes in how our business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. However, any order of Products by you will be governed by the terms and conditions available on our site at the time you place the order.

19.1 WE are the owners and the licensee of all intellectual property rights in this site, and in the material published on it. The works are protected by copyright laws and treaties around the world. All such rights are reserved.

19.2 You must not use any part of the materials on our site for any purposes without obtaining our written permission.

Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.

We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you in writing if this happens, but this will not affect your rights or our obligations under the contract. We will use reasonable endeavours to tell you in writing in this happens.

These Terms and Conditions are governed by English law. This means that a contract for the purchase of Products made through our site and any dispute or claim arising out of or in connection with it will be governed by English law.

If we must contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

If you have any queries about these Terms and Conditions, please contact enquiries@johnsankey.co.uk We’ll be here to help.