TERMS AND CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply to you any of the products and services listed on our website www.curio.space or associated applications (together, the “Site”) (the “Terms of Sale”). Please read these Terms of Sale carefully before ordering any Products from our Site. The Terms of Sale also apply if you make a purchase via telephone from us or through a webform.
By ordering any of our Products, you agree to be bound by these Terms of Sale.
1. INFORMATION ABOUT CURIO
1.1 The website www.curio.space and any associated mobile application (together, the “Site”) is an online search and e-commerce platform (the “Platform”) that allows customers to purchase Products through the Site. The Site is owned, operated and managed by Curio Space LTD (“we” or “us”). We are registered in England and Wales under company number 11849350 and our [registered office and] main trading address is at 119 Marylebone Road, London NW1 5PU. Our VAT Number is 364 5617 80 and you can email us at firstname.lastname@example.org
2. YOUR STATUS
2.1 By placing an order for Products through the Site you agree that (a) you are legally capable of entering into a binding contract and (b) you are at least 18 years old.
2.2 Are you a business or a consumer? You may have different rights under these Terms of Sale depending on whether you are consumer or a business. Where different rights apply, this will be made clear in these Terms of Sale. You are a consumer if (a) you are an individual, (b) you are buying Products mainly for your personal use.
3. ORDERING PRODUCTS
3.1 Until further notice, an order for an “off the shelf” Product (which is not bespoke, made to order or not manufactured in accordance with your specifications) shall be placed as follows: you will be invited to “enquire within”, resulting in you completing a webform, calling us or requesting a call-back.
3.2 Upon the webform having been completed or we have spoken, you will receive an acknowledgment email from us, detailing:
(a) the Product(s) you wish to order,
(b) the price payable therefore (which will also itemise relevant taxes to be paid by you), and
(c) the estimated lead time for delivery of the Product(s)
3.3 Your receipt of the Quote does not result in a contract having been formed between us.
3.4 It is your responsibility to check that the information contained in the Quote is correct.
3.5 The Quote will contain a link through which you can make payment for the relevant Products.
3.6 Our order process allows you to check and amend any errors before finalizing and submitting the order to us. Please take the time to read and check the Quote at each stage of the order process. Any corrections required will result in a further Quote until you are happy with the information it contains and ready to make payment through the payment link.
3.7 Once payment has been received, you will receive a confirmation email (the “Confirmation Email”), which will confirm:
(a) acceptance of your order and provide you with an order number (to which you should refer for any queries related to that order);
(b) the Products that have been ordered;
(c) payment (or partial payment) having been received;
(d) if partial payment was made, when the final payment is due; and
(e) estimated timing and arrangements for delivery of your Products.
3.8 A valid contract has been formed between you and us upon your receipt of the Confirmation Email.
3.9 It is your responsibility to ensure you have the ability to receive the Products ordered, which includes that the Products will pass freely into the room of choice and can be transported into the relevant building (such as front door, stairs, hall and doorways) .
3.10 Once an order has been placed but prior to delivery of the underlying Products, you must ensure that we have up-to-date contact details for you so that we can contact you if necessary about the order or delivery of the underlying Products.
3.11 If we are unable to accept your order or have to cancel your order after it has been accepted, we will inform you as soon as reasonably possible and refund any payment you have already made. We will also state the reason for having to cancel or not being able to accept the order, which may include (but is not limited to):
(a) the Product has sold out or is out of stock;
(b) the supplier has discontinued the Product(s) you have ordered;
(c) we are not able to receive your payment;
(d) your order has not passed our fraud screening process;
(e) a Product cannot be shipped to your given delivery address due to transport or import restrictions;
(f) we have identified an error in the price or description of the Product; or
(g) we are not able to meet a delivery deadline which you may have specified.
4. IMAGES AND SIZING OF PRODUCTS
4.1 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 on display. The Products that are delivered to you may vary slightly from those images.
4.2 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. Please refer to the Quote for the most detailed description and measurements.
4.3 Certain Products may be made out of or contain natural materials, such as leather, stone or wood and there may be variations of colour or texture inherent to the nature of the material (in each case even from any samples that may have been provided to you) which we cannot control or guarantee.
5. PRICES OF PRODUCTS
5.1 The price of any Product will be as set out on the Quote provided to you , which in turn should reflect the price as set out on the Site.
5.2 The price of any Product may change from time to time, but changes will not affect any order you have placed and which has been accepted by us.
5.3 The price of a Product includes VAT (where it applies) but excludes any delivery costs, information on which is provided under clause 8 below.
6. HOW TO PAY
6.1 Payment for the products and any applicable delivery charges must be settled in full in advance of the delivery of the products.
6.2 Our payment details will be provided to you as part of the Quote. Your order will only be accepted, and the Confirmation Email sent when the required payment has been made.
7.1 Delivery dates provided either on the Site, the Quote or the Confirmation Email are our best estimates only and may be subject to change prior to actual delivery. Delays may occur due to circumstances beyond our control. No compensation shall be payable by us for orders that are delivered after their estimated delivery dates.
7.2 The cost of delivery will be provided to you as part of the Quote and confirmed in the Confirmation Email. You should advise us of any special delivery requirements or conditions (such as restricted access, parking restrictions) at the time of placing the order.
7.3 If your order is outside the UK, you may be liable for import duty and local taxes, which must be paid prior to the goods being delivered to you. It is your responsibility to ensure that you comply with applicable laws and regulations of the country for which the Products are destined. We are not liable for any breach by you of such applicable laws.
7.4 For delivery of large and medium items (such as sofas, cabinets, and tables) we will contact you in advance to schedule a convenient date to deliver your Products. Within 2/3 days before the agreed delivery date, we will provide you with a delivery time slot.
7.5 We reserve the right to require proof of identification from you (or the person taking delivery on your behalf) when making a delivery to you.
7.6 You must check the condition of the Products delivered and must highlight any issues or concerns with the delivery team immediately. The delivery team will then direct your concerns to us and we will contact you to agree a means of resolving the concerns raised.
7.7 If you have so requested (and subject to an additional charge), our delivery team will attempt to delivery the Product(s) to the room for which it is intended and will also unpack and assemble the Product.
7.8 When taking delivery and/or upon our delivery team unpacking and assembling a Product, you (or the person taking delivery on your behalf) will be required to sign the delivery note. The signed delivery note will confirm that you are happy with the condition of the Product(s) so delivered [and assembled].
7.9 Our delivery team is unable to remove doors, windows or other fixtures to facilitate the delivery, but we can provide you with details of specialist companies who may be able to assist.
7.10 You may contact us at any time to obtain an update of the status of your order .
8. YOUR RIGHT TO MAKE CHANGES
8.2 If you wish to make a change to a Product you have ordered, please contact us as soon as possible. If the requested change is possible we will advise you of any change to the price payable and any resulting adjustments to the estimated delivery time.
8.3 Please note that for “made to order” or bespoke Products, you may only cancel or amend your order within [48 hours] of you receiving the Confirmation Email. If you cancel your order after such time, we reserve the right to keep the deposit already paid.
9. OUR RIGHT TO MAKE CHANGES
9.1 We will update these Terms of Sale from time to time. We may do so without having to provide you with any notification of such updates. You should check our Site (and these Terms of Sale) regularly to review the Terms of Sale that will apply to your order. You will be subject to those Terms of Sale which apply at the time your order was accepted and you received your Confirmation Email.
10. YOUR RIGHT TO CANCEL
10.1 This clause applies to you if you are a consumer and have purchased an “off the shelf” Product, where:
(a) “consumer” is an individual who purchases Products primarily for personal use (and not for use in connection with a trade or profession; and
(b) a Product is “off the shelf” is a Product that was not made specifically to your specifications or using specific materials you selected but was taken from existing stock or supplies.
10.2 You may return any “off the shelf” Product to us for an exchange or refund within 14 days following the day of delivery of the Product to you, provided that the Product has not been used and is in its original packaging and condition. You must also include the relevant returns paperwork in your return to enable us to track and process the return as quickly as possible.
10.3 To arrange a return, you must inform us by email.
10.4 You do not need to give us a reason for the return but it is helpful to us if you do.
11. EFFECTS OF CANCELLATION
11.1 If you cancel your order with us, we will reimburse you all payments received from you, excluding the cost of delivery.
11.2 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 no Products have been supplied at the time of cancellation, 14 days after the day on which we are informed about your decision to cancel your order.
11.3 We will make the reimbursement using the same means of payment as you used for the initial transaction unless we have expressly agreed otherwise with you.
11.4 We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products.
11.5 We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.
12. FAULTY OR MIS-DESCRIBED
12.1 If a Product supplied is faulty or mis-described, you may cancel the contract, or require the Product to be repaired (if that is possible) or replaced. Please note the expiry periods and exclusions set out in clause 15 below.
12.2 Prior to cancelling the contract, we may offer to repair or replace the faulty Product first.
12.3 If you are cancelling the contract due to the Product being faulty or mis-described, you must still return the Product to us before you will be reimbursed.
12.3 If you are returning a Product to us because it is faulty or mis-described, we will refund the price of the Product excluding delivery charges. We will pay for the return charges, provided those are reasonable.
12.4 We will refund you through the payment method used by you to pay.
12.5 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right to cancel (as set out in clause 11), this clause 13 or any of the other general Terms of Sale.
13. DEFECTIVE PRODUCTS DELIVERED TO A BUSINESS
13.1 If you are a business customer, we warrant that on delivery, the Products shall:
(a) conform in all material respects with their description;
(b) be fit for purpose and free from material defects in material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) .
13.2 Subject to clause 13.3 below:
13.3 We shall, at our option, repair or replace the defective Product, or refund the price for that Product in full (excluding delivery charges).
13.4 We shall not be liable for the Product’s failure to comply with the warranty in clause 13.1 above if:
(a) you make any further use of the Product after giving us notice of the defects;
(b) the defect arose because you failed to follow our instructions as to the storage, installation, commissioning, use or maintenance of the Product (or if there is none, good trade practice);
(c) the defect arises as a result of us (or our supplier) following any drawing or design or specification supplied by you;
(d) you alter or repair the Product without our consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal working conditions.
13.5 Except as set out in this clause 13, we shall have no liability to you in respect of a Product’s failure to comply with the warranty set out in clause 13.1 above.
13.6 These Terms of Sale shall apply to any repaired or replaced Products supplied by us under clause 13.2.
14.1 Our “made to order” (or bespoke) upholstered Products (such as sofas) are guaranteed for  years from the date of delivery.
14.2 Other “made to order” (or bespoke) Products are guaranteed for  years from the date of delivery.
14.3 All other Products are guaranteed for  year.
14.4 This guarantee does not apply to the extent of:
(a) fair wear and tear;
(b) neglect, abuse or misuse of the Products;
(c) loss or damage arising due to unreasonable exposure to water, heat, sunlight or lightning;
(d) loss or damage resulting from fire, smoke, explosion;
(e) loss or damage resulting from insects, infestation by animals or damage by animals generally; or
(f) loss or damage resulting from theft, vandalism or accidental damage caused by a third party.
14.5 If you wish to make a claim under this guarantee, please contact us under email@example.com and provide:
(a) your order number (from your Confirmation Email and delivery note);
(b) your address and contact details;
(c) a description of the issue you have encountered with photos of the relevant damage.
13.6 For any large Product we may request to send a representative to inspect the Product prior to us being able to process the repair, replacement or return.
15. OUR LIABILITY TO YOU FOR LOSS OR DAMAGE YOU SUFFER
15.1 We are under a legal duty to supply Products that are in conformity with our contract with you.
15.2 If, in the supply of Products to you, we fail to comply with these Terms of Sale, we are 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 are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time the contract was made between us.
15.3 Our total liability to you shall not exceed the price paid by you to us for the Product in relation to which the claim arose.
15.4 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our (or our employees’ or our contractors’) negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be limited by law.
15.5 If you are a consumer we only provide Products to you for your private use. We will not have any liability to you for any loss of profit, loss of business or loss of business opportunity.
15.6 If you are a business, we will not have any liability to you, whether in contract, tort, breach of statutory duty, misrepresentation or otherwise, arising in connection with this contract for any indirect losses or damages, including:
(a) loss of profit;
(b) loss of revenue;
(c) loss of sales or business;
(d) loss of anticipated savings;
(e) loss of agreements or contracts;
(f) loss of damage to goodwill; or
(g) other special, indirect or consequential loss, costs, damages or expenses.
16. TITLE AND RISK
16.1 Title in the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges and, to the extent applicable, redelivery charges and storage costs.
16.2 The Products will be your responsibility from the time that you (or a person nominated by you to take delivery on your behalf) take physical possession of the Products.
17. YOUR INFORMATION
18. EVENTS OUTSIDE OUR CONTROL
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract made between you and us where such failure or delay is caused by events that could not have been reasonably foreseen and/or are outside our reasonable control, including (but not limited to) acts of God, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism, pandemics or epidemics or acts of local or central Government or other competent authorities.
18.2 To the extent any such events arise, we will:
(a) contact you as soon as reasonably possible and let you know about the event in question and the impact thereof on your order;
(b) take reasonable steps to prevent or minimise the failure or delay;
(c) in the event of failure to perform our obligations under the contract entire, we will refund you all amounts you have already paid; and
(d) in the event of a substantial delay, you may cancel the order by notifying us and we will refund you all amounts you have already paid,
where what constitutes a “substantial delay” will depend on the prevailing circumstances and the nature of the Product(s) subject to the affected order.
19. EACH OF THESE TERMS OPERATES INDEPENDENTLY
19.1 Each of the provisions of these Terms of Sale operates separately. If any court or any other relevant authority determines that any of these clauses or provisions are unlawful or unenforceable, the remaining clauses and/or provisions will remain in full force and effect
20. RIGHTS OF THIRD PARTIES
20.1 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.
21. TRANSFER OF OUR RIGHTS
21.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will use reasonably efforts to notify you in writing if this happens, but this will not affect your rights or our obligations under the contract.
22. GOVERNING LAW
22.1 These Terms of Sale 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.
23. DISPUTE RESOLUTION
23.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. You can also write to us at: Curio Space Ltd, North West House, 119 Marylebone Road, London, NW1 5PU.If the dispute cannot be resolved informally or amicably, the English courts will have exclusive jurisdiction to resolve the underlying matter.
24. CONTACTING YOU
24.1 If we have to 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 or will try to contact you by telephone.
25. CONTACT US
25.1 If you have any queries about these Terms of Sale, please contact us in the first instance at email@example.com.