Terms and Conditions

Introduction & Overview
This website is operated by SW James (Also seen as S.W. James & Co). Throughout the site, the terms “we”, “us” and “our” refer to SW James. S.W. James offers 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 engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

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

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service 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.

Definitions
1. “Seller” refers to SW James LTD company registration no. 10430360

2. “buyer” refers to the individual or company who is agreeing to buy the goods from

3. “contact” refers to the contract that is set between the seller and the buyer during the purchase of goods from SW James

4. “goods” means the items that are listed within the SW James website 5

5. “website” – www.swjames.com

6. “terms and conditions” or “T&Cs”- outlined here sets the conditions of sale and any additonal terms and conditions set out in writing by the seller



Ordering
Any order for the manufacture and supply of our furniture is based entirely on the terms and conditions, unless otherwise agreed in writing

1. ETA delivery dates are shown as a guide only based on current stock, material and staff availability, and current business through-put. Typical lead times are around 8-10 weeks and deliverable dates will be set between the buyer and seller over phone or email close to the time the order is ready to be shipped.

2. SW James will not be responsible for delays in production where issues with funds occur.

3. SW James reserves the right to cancel any goods order for any reason – in such instances a full refund will be given within 24 hours.

4. It is the full responsibility of the buyer to check all order details. The seller will not be liable for any costs incurred as a result of unchecked orders.

Pricing & Payments
1. All pricing for our retail clients already includes VAT at 20%

2. Confirmation of all orders shall be made via email or telephone to the buyer. This confirmation shall confirm all details of the order including price.

3. All retail prices include delivery (See Delivery Section)

4. All retail prices include packaging materials that meet industry standard.

5. An order is only contractually binding once it has been paid for in full

6. Unless otherwise stated prices do not include any local taxes or customs charges. Please check with your local customs office for more information (More information can be found in our Delivery section)

7. Pricing for our commercial clients does not include VAT

8. Quotations for our commercial clients are valid for one month from the date of issue unless otherwise stated

9. An order for our commercial clients is only contractually binding when a minimum 50% deposit has been received and acknowledged by ourselves in writing

10. It is the responsibility of the commercial client to ensure that funds are transferred when stated. We will not be responsible for any lost production time in the event of forgotten or misplaced funds.

11. Prices for our furniture is subject to change without notice. Trade costs such as foam and frames fluctuate with the market, therefore we may adjust prices accordingly.


Product & Measurements
1. Our photographers shoot with sophisticated equipment and try to get as close to the product as they can to showcase the build quality and the texture of the materials used to the points where you can almost feel it. However, it is important to note that there are limitations to print and digital imagery and indeed the devices that they are being viewed on. The colour may well vary from the original swatch. It is also important to remember that when leather is stretched during the build process this too will change the shading from the swatch. The swatch should be viewed as a guide and could never be an exact colour match due to the nature of the product and the hand built process.

2. All our furniture is handmade and not machined on a production line therefore sizes can vary up to 6CM each dimension.

3. Each hide that enters our factory has been hand selected by one of our founders. Top grade hides are all different and selected for their inconsistent natural characteristics, meaning that no two S.W James pieces will ever be that same. Our dying process is consistent every time however as no two hides will ever be the same the way that the dye penetrates the hide will vary producing an attractive variable finish. Hallmarks such as scars, insect bites, and dare we say it stretch marks all add to the natural beauty of our products and an individuality to every single S.W James that leaves our factory. These unique characteristics should not be seen as imperfections.

4. Areas of the furniture that experience the most use will naturally lighten over time adding characteristics unique between the piece and the owners. These areas should be regarded as natural aging characteristics and not imperfections.

5. Over time your S.W James will just get better and better as you form a bond with your piece. Areas such as the pleats and cushion covers will change over time. Making the piece softer, more comfortable and more inviting all working towards making your S.W James uniquely yours.

6. Our leather is very easy to maintain, a light dust is all it should require. We strongly advise not to use any gels or creams not recommended by ourselves as these could have a reaction to the treatment that the hides receive at the tannery. Use of any product not recommended by ourselves will invalidate your warranty.

7. Liquids should be quickly removed using a clean dry cloth.

8. The environment in which your S.W. James lives will greatly affect its aging process. If you think of your chair or sofa in terms of yourself it becomes quite easy to work out how to maintain your S.W James and keep it in great health and defying the aging process. Therefore, placing your S.W James in direct sunlight or next to a heat source will be as bad for it in the long term as it would be for us.

9. Please be aware that certain non-colour fast materials such as denim can stain lightly coloured leather if it comes into regular contact.


Delivery
1. All furniture orders for delivery within mainland UK will be covered free of charge. Areas within the following postcode ranges do not apply for our free delivery : BT|EX39|GY|HS|IM|IV|JE|KA2[7-8]|KW|PA[2-4][0-9]|PA[6-7][0-8]|PH1[7-9]|PH2[0-6]|PH3[0-9]|PH4[0-4]|PH59|PH50|PO11|PO3[0-9]|PO40|PO41|TR2[1-5]|ZE BT|EX39|GY|HS|IM|IV|JE|KA2[7-8]|KW|PA[2-4][0-9]|PA[6-7][0-8]|PH1[7-9]|PH2[0-6]|PH3[0-9]|PH4[0-4]|PH59|PH50|PO11|PO3[0-9]|PO40|PO41|TR2[1-5]|ZE). None mainland deliveries and addresses within the postcode ranges above will be priced at cost and agreed between the seller and buyer in writing.

2. Large furniture deliveries within the mainland UK will be via 2 man white glove service unless otherwise specified. All other regions delivery will be to either port or curb-side only and will be arranged in writing.
3. SW James will not be held liable for any surcharge costs to delivery outside the UK such as import duty
4. If delivery is to an onward shipping company it is the buyers responsibility to check for damages before the exchange of services. SW James will not be held liable for damages once the goods have left our transit operator.
5. SW James will not be liable for delivery dates not being met and any losses that may occur from this. For explicit delivery dates the seller will use all reasonable measures to meet the agreed date.
6. Delivery shall be made to the address set out in the order confirmation process and the buyer shall make all arrangements needed to accept delivery of the goods when they are due for delivery.
7. SW James and its delivery companies shall not be liable for any damage to internal fittings and fixtures once the goods are within the buyers delivery address
8. Failure to take receipt of the goods at the agreed date and time shall result in the risk to the goods passing to the buyer from the moment of attempted delivery.
9. In the event of inability to take receipt of the ordered goods on the confirmed delivery date, SW James reserves the right to forfeit any free delivery costings and apply a charge of £80 for subsequent attempts.
10. We check all goods before shipping to the buyer. However, it is imperative that you check all goods for damages on arrival. If it is not possible to check immediately you must make the delivery crew aware of any damage to outer packaging.
11. Any damages will be either repaired on site, or returned to our factory for repair. All damages must be reported via the website and with photo evidence. Failure to provide assistance and evidence will compromise the sellers ability to assist.
12. The buyer will be held responsible for the inability to deliver goods where by access is either limited or not possible.
13. The buyer reserves the right to refuse delivery after unpacking and inspecting the goods.

Delivery Process & Costs (Export)
1 International shipping can be arranged by the customer or we will arrange on the customers behalf.
2 Packaging suitable for export is compulsory and will be made especially to fit the items.
3 Insurance for damage to or loss of the items in transit is compulsory.
4 Acceptance of a specific shipping quotation, insurance and packaging cost must be confirmed by the customer in writing prior to the manufacture of the goods.
5 Delivery by the shipper will be to either the “customer’s address” or “docks only” whichever is specified on the original quotation.
6 “Customer’s address” deliveries should be treated as a kerbside delivery and the customer must arrange for the items to be unpacked and placed in the property concerned. Disposal of the packaging is the responsibility of the customer.
7 “Docks only” deliveries are delivered to the docks or port only prior to clearing customs.
8 Customers full contact details will be provided to the shipper who should then be the customers’ first point of contact for the progress of the shipment.
9 In the event you receive a damaged consignment you must write on the delivery note that the packaging is damaged and also if possible take a photograph. If on opening the consignment the goods inside are found to be damaged, please photograph the item whilst in the packaging. All instances of damage must be reported by email within 24 hours of delivery.
10 In the event of any damage being caused during the delivery process, the delivery team must be made aware of any damage before they leave.
11 For the purpose of any returns, if the goods were originally delivered in specialist packaging then this should be retained for the same use at collection. If not available and new packaging has to be sourced then this will be at the cost of the customer.
12 There can be external shipping charges incurred that are not the responsibility of S.W. James. These could be, Commercial entry, ISF Filing, Local taxes (Merchandise Processing Fee), Bond fees, Harbor maintenance fee, Other governmental agency declaration.


Returns, Refunds & Cancelations
1. We couldn’t imagine why, but if you don’t love your new S.W. James as much as we do, you can always return it within 14 days. The buyer may cancel any goods listed on the website in writing via email for any reason within 14 days of receiving the goods or at any point before the order is dispatched. This does not apply to bespoke goods or "In stock" items - see point 13 & 14. Any cancelation costs/fees must be paid by the customer.  
2. Refunds may only be sent to the card from which payment was originally made
3. The buyer shall notify the seller in writing if the goods are not satisfactory for any reason. If the buyer fails to make such notifications then it will be deemed that the buyer has classed the goods as satisfactory.
4. Liability of the goods remains with the buyer until goods are collected.
5. All goods must be returned in the same condition in which they arrived. If returned goods are damaged due to the fault of the buyer, then the buyer will be liable for the cost of those damages.
6. Original or equivalent packaging must be in place prior to arranging collection. The sellers transit company reserve the right to refuse collection where packaging standards are not met.
7. The buyer shall take photographic evidence of any damages before returning the item
8. Where a claim of defect or damage is made the seller will be responsible for the recovery and replacement/repair/refund of the goods. If a replacement or repair is issued the seller will cover the cost of re-delivery.
9. Refunds for damaged goods will only be given if a replacement or repair option is not available.
10. The seller will not take responsibility for the discolouration or fading of leather or fabric which is the result of goods being placed in direct/indirect sunlight, near heating sources or due to chemicals applied to the goods.
11.Sofa bed mattresses cannot be returned or refunded once used. If the buyer wishes to test the mattress first they should do so without opening.
12. Ex-stock or clearance items cannot be returned and are sold as seen.
13. Bespoke items that are made to order and are not listed as standard stock items on our website cannot be returned unless damaged on initial inspection. Bespoke and customised goods are not subject to cancellations rights under Consumer Rights Act.
14. If you have visited our shop and discussed your order in person before you purchased in store or via our website your order cannot be returned.
15. All "In Stock" items that are listed on our In stock page on our website cannot be returned. Bespoke and customised goods are not subject to cancellations rights under Consumer Rights Act.

Guarantee
1. All our internal furniture frames are backed by a 25-year warranty. This is a structural guarantee that covers the average lifetime of a sofa or chair and applies to the internal wood frame only. Studs, castors, buttons and general wear and tear of upholstery are not covered.
2. Cushions may be exchanged at the cost of the buyer within the first 60 days of the goods being received and must be confirmed in writing between the buyer and seller. Only foam, feather and foam, foam and dacron cushions with removable covers can be exchanged.
3. The guarantees above do not include pieces that show wear and tear, neglect, abuse, or damage due to accidental damage or loss caused by a third party.

Force Majeure
1. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.


Third Party Links
Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.