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Terms

Last Updated 7 January 2021

1. Terms & Conditions

2. Consumer Contracts Regulations 2014.

3. Data Protection Act 2018.

1. Terms & Conditions

These Terms and Conditions of Trading apply to all consumer contracts between Daia Home and our subcontractors ('us/we/our') and the Customer ('you/your') in relation to all sales of goods and services. 
These terms of sale (“Terms of Sale”) set out the terms and conditions on which we supply any of the products (“Product” or “Products”) listed on our website www.daiahome.com (“our site”) to you.

Please read these Terms of Sale carefully before ordering any Products from our site. These Terms of Sale tell you who we are, how we will provide Products to you, how you and we may end the contract, what to do if there is a problem and other important information. If you do not agree to these Terms of Sale you must not order any Product through our site.

1.1 Placing your order

1.1.1 You can place orders for Products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.

1.1.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

1.1.3 Bespoke orders for a new model not advertised by us can be discussed over the phone, email and live chat. The final order is manually entered into the system by Daia Home. The manually entered order supersedes all prior discussions and agreements. Errors may occur during the discussion of a bespoke order and during the manual input of the final order. It is the customer's responsibility to check the order details and ensure everything is correct before purchase. We will not be held responsible for any mistakes in colour, material, model, size or any other aspects of a paid order.

1.1.4 All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.

1.1.5 Unfortunately we can’t stop an order once it has been dispatched by us. If you change your mind about your order after this point you can reject the delivery or return the Products to us in accordance with the returns policy below.

1.1.6 Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your property or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.

1.1.7 You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.

1.2. Product Specifications

1.2.1 We have a policy of continuous product development and reserve the right to amend the specification of products without prior notice. Goods supplied may differ as a consequence from those on display or advertised. Unless agreed with you, the goods supplied will be of equivalent value, functionality and general appearance. Therefore, design details such as the deepness of the buttoning, space between buttons, pleats and folds in the fabric, piping of cushions or the sofa body and any small design changes that don't impede the normal usage of the product may occur.

1.2.2 Leather goods are made from quality natural leather and accordingly, they may not be uniform in colour or texture. 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.

1.2.3 We will endeavour to match the colour and texture of the material of your furniture to the samples chosen as accurately as possible. Slight variations in both the colour and texture is possible from one batch of material to another.

1.2.4 In case of supply constraints we reserve the right to amend the specifications of decorative elements such as scatter cushions, stud nails, castor wheels and sofa feet without prior notice.

1.2.5 We offer free sample swatches for all our materials. It is the customers' responsibility to order a sample before purchasing a made to order item and ensure the colour and the material is to their satisfaction. 

1.2.6 The colours of sample swatches and products in the images 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 final Products. The Products that are delivered to you may vary from those images. Therefore, all purchasing decisions regarding the material and colour should be based on the physical sample swatch and not based on the images on our website.

1.2.7 If you have decided to change length, depth, width of a sofa, or split it in parts, or selected some bed option, made to order furniture may look proportionally different than the images on our website. We reserve the right to build it in the proportions we deem fit and suitable.

1.2.8 Made to order sofas can come with various number of seat cushions and back cushions. We reserve the right to manufacture them to our standard specifications. Our standard specifications may differ from the product images. The product description encourages customers to tell us what they prefer.

1.2.9 The Comfort Guarantee, which offers replacement fillings for seat and back cushions, is applicable solely to sofas that feature removable seat and back cushions. To qualify for this guarantee, the sofa must be utilised frequently for a minimum duration of three months, acknowledging that the fillings necessitate a period of settling before reaching their optimal comfort level. Replacement of the fillings will not be considered prior to the completion of this settling period. In the event of a replacement request, customers are required to return the original seat fillings for assessment. Fillings will only be replaced at our discretion, following a thorough examination to determine the need for such action.

1.3. Measurements

1.3.1 The measurements of all furniture and furnishings made by us will be as accurate as possible, but are nevertheless approximate and may vary by up to 10cm.

1.3.2 All product images of our made to order furniture are for illustration purposes only. The final product may differ due to the chosen size and various options such as seat filling, stud nails, feet and material.

1.3.3 Many customised options are not advertised on our website, such as changes in height, width, depth of the sofa, or installation of bed mechanism. Such changes can significantly alter the measurements and appearance of the final product. We will do our best to built such product to adhere to our strict quality standards. By placing an order for products not directly advertised on our website, the customer agrees that the final product might differ from our advertised models. 

1.4. Payments

1.4.1 We require payment in full before despatch of goods

1.4.2 We will contact you as soon as possible to advise you of your estimated delivery date and at this time the balance of any monies due will be payable. Only once we have received the balance of any monies due in cleared funds, will we be able to confirm your actual delivery date.

1.5. Delivery

1.5.1 We offer a delivery service in accordance with the timescales shown against each Product on our site. Please note that delivery timescales are estimates based on the current information we have from our suppliers. In some cases, estimated delivery times can be longer due to factors outside of our control. You can find out more about our Product delivery by reading the information on the delivery page of our site.

1.5.2 Your estimated dispatch date will be as set out in a dispatch confirmation sent by email. This dispatch date indicates when we expect to send the Products to our delivery partner. Please refer to the Delivery page of our site to find out more about our dispatch and delivery process and how long after dispatch you should expect the Products to be delivered. Although we will make every reasonable effort to ensure your products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting the manufacturer of the Product or our delivery partners. If we are unable to meet the estimated dispatch or delivery date, we will contact you with a revised estimated date. The delivery shall not take more than 52 weeks.

1.5.3 Your delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery, we will leave you a note with information about how to rearrange delivery. If you have not accepted delivery by us, we may treat the contract as having been cancelled by you. No refund will be issued under these circumstances.

1.5.4 We will charge a minimum storage fee of £25 per item per day for any products that we schedule a delivery for but the customer refuses to accept the delivery. Seven days of free storage is offered to give the customer the opportunity to reschedule the delivery. The storage fees start 7 days after the scheduled delivery date.

1.5.5 For all purchases we will contact you to arrange a delivery date when the furniture has been received into our warehouse, if it is not already in stock.

1.5.6 If you are unable, for whatever reason, to take delivery of your goods on the confirmed delivery date, we will charge for the return and redelivery of your item. The cost of return and redelivery of your item will be calculated once the your item has been returned to us.

1.5.7 We use third party delivery companies. Therefore, we are not liable for any accidental damage in the course of the delivery of your goods. Please inspect your goods upon delivery and refuse them if damaged. Once a delivery has been accepted, we can no longer raise a claim with the delivery company, nor can we compensate or replace your goods.

1.5.8 Time of delivery is not of the essence in these Terms and Conditions of Trading. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any reasonable delay or delay due to unforeseen circumstances outside of the reasonable control of Daia Home or delay due to any reasonable rescheduling of delivery.

1.6. Returns and Refunds

1.6.1 All our made to order furniture with the exception of our sale or clearance items are made to your exact specifications and therefore cannot be cancelled once we have accepted your order and 14 days cooling off period has passed.

1.6.2 These orders fall outside the Consumer Contracts Regulations (2014) which states that personalised goods or goods made to a consumer's specification are exempt.

1.6.3 Furniture other than made to order furniture can be returned to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.

1.6.4 You have a legal right to change your mind and cancel the contract between you and us within 30 days of the delivery of your Products without giving a reason. Please note that the right to change your mind does not apply to any made to order furniture nor to any bespoke Products you purchase from us.

1.6.5 In the case of our custom made furniture 14 days to cancel or make any changes to the contract begins from the moment you place your order with us. Please note that after 14 days you will be unable to cancel or change the contract due to the bespoke nature of the work. If you wish to cancel after 14 days, you will be charged for the full price of the order. This does not affect your statutory legal rights.

1.6.6 Sofas, armchairs, love seats, ottomans, and footstools or any other furniture, when customized with fabric or material provided by the customer, are not eligible for cancellation, return, or refund once the purchase is finalised. We are not liable for any costs associated with the fabric or material procured by the customer from a third party supplier. 

1.6.7 The total amount of any refund issued shall not exceed the original payment made by the customer to us.

1.6.8 To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. a letter sent by post or email).

1.7 Effects of cancellation (if applicable)

1.7.1 If you cancel your contract with us, we will reimburse you all payments received from you, excluding the cost of delivery. 

1.7.2 We will make the reimbursement without undue delay, and not later than: (a) 14 days after the day we receive back from you any Products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products, or (c) if there were no goods supplied, 21 days after the day on which we are informed about your decision to cancel this contract.

1.7.3 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

1.7.4 We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.

1.7.5 We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary and negligent handling by you. This includes damage caused by negligent handling or failure to return the product in full with all accessories included. The customer must make adequate provision for the safe return of the products, ensuring that product of securely packed for the return transportation. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.

1.8 Faulty or mis-described

1.8.1 We will refund you through the payment method used by you to pay.

1.8.2 Made to order furniture are not refundable. In case of a fault or damage we will either collect the furniture and fix it or replace it with a new one at our own discretion. 

1.9 Guarantees

1.9.1 The provisions of this clause 7 apply in addition to your statutory consumer rights in relation to faulty or mis-described goods. These rights are not affected by the guarantee.

1.9.2 For the purpose of this clause 7 the guarantor is Daia Home.

1.9.3 All furniture carries a 1 year guarantee against faulty workmanship and/or faulty materials. Lifetime warranty on wooden frames.

1.9.4 Guarantees may not be transferred.

1.9.5 These 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 or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, or theft, or accidental damage or loss caused by a third party.

1.9.6 These guarantees do not cover any free gifts that was provided to the customer, whether as a promotion or as a gesture of goodwill. 

1.10. Claims Under Guarantee

1.10.1 In the event of a claim under guarantee occurring, please contact Daia Home by emailing us info@daiahome.com.

1.10.2 We will endeavour to repair the defective goods 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.

1.10.3 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 goods themselves. This does not affect your statutory rights.

1.10.4 Our guarantees are limited to goods sold and retained in the United Kingdom, and used solely for private and domestic purposes.

1.11. Our Liability

1.11.1 We are under a legal duty to supply Products that are in conformity with our contract with you.

1.11.2 Our Products are designed for residential use and we do not make any guarantees or warranties about their performance in a commercial environment. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

1.11.3 If we fail to comply with a contract between you and us, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.

1.11.4 The maximum loss or damage we will be responsible for is limited to the price you have paid us for the Product to which the loss or damage you suffer relates.

1.11.5 We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability imposed under the Consumer Rights Act 2015 that is not permitted to be excluded or restricted under section 31 of the Consumer Rights Act 2015

1.11.6 This does not affect your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards office.

12.1 Events outside our control

12.1.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control including acts of God, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that: (a) we will take reasonable steps to prevent or minimise the failure or delay; (b) in the event of failure to perform, we will refund you all amounts paid under the affected contract; and (c) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.

13.1. Dispute Resolution

13.1.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at complaint@daiahome.com and attempt to resolve the dispute with us informally.

14. Each of these terms operates independently

14.1 Each of the provisions of these Terms of Sale 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.

15. Updating Terms of Sale

15.1 We may modify or update these Terms of Sale 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.

16. Rights of third parties

16.1 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.

17. Transfer of our rights

17.1 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.

17.1.2 To the maximum extent permissible by law, we exclude all warranties, expressed or implied as to the accuracy of the information contained in any of the materials on the website. We cannot accept any liability for any particular material on the website or as a result of any use or reliance placed upon the information contained on the website.

17.1.3 Any material downloaded or otherwise obtained through the use of this website is done 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.

17.1.4 The above does not affect your statutory rights.

 Privacy Policy

1.18 Data Protection

18.1.1 Daia Home is a registered data controller in accordance with the Data Protection Act 2018 ('the Act'). We process your personal data in accordance with the Act.

1.19 Applicable Law

These Terms and Conditions of Trading are governed by and are to be construed in accordance with the laws of The United Kingdom.

2. The Regulations

Daia Home is obliged by law to provide the following information 
The website www.daiahome.com is operated and owned by Daia Home Ltd.

Registered Address: Initial Business Centre Wilson Business Park Manchester M40 8WN

Company No. 11396207

VAT No. GB360072431