PRICE PROMISE GUARANTEE

General

We are dedicated to offering our clients the most competitive prices on all our luxury products. Through our Price Promise program, we commit to delivering exceptional service and the best possible value. If you discover the same product advertised at a lower price elsewhere, we guarantee to match it instantly. Your satisfaction and confidence in our pricing are our top priorities.

Our Conditions:

(i) The item must be from the same manufacturer, identical in size and colour.

No order for products shall be binding upon us unless and until accepted by us in writing. Once an order has been sent through from the website, it will be confirmed once we have checked availability in the warehouse. We reserve the right to decline any order placed with us at our discretion.

(ii) availability of products

(iii) The competitor must be approved be a licensed supplier of the product.

(iv) No other promotional offers or codes can be used in conjunction with our Price Promise.

(v) The price match must be agreed before the transaction has been fulfilled by our customer service team.

Our website gives a general indication of the suitability of our products for particular applications such as “suitable for curtains” or “suitable for upholstery” etc. These suitability indications should be considered as a guide only. It is your responsibility to make sure the products you order are fit for purpose. This should entail discussing with your maker / manufacturer as such. You can request and pay for samples via the website to be sent to your maker if required.

When purchasing fabrics from our website please be aware that most fabrics will need to be treated with fire retardant by a specialist company (if it does not come pre-treated) before it is used for upholstery. It does not need treatment if it is being used for cushions, throws, or window treatments in residential homes in the UK. Please contact us for further information on 02036064733.

(v) quantity

It is highly recommended that you discuss with your maker / manufacturer the quantity of product that you will need to order. You will need to pass to them the details of the product you wish to order including width repeat and composition so they can calculate the quantity you should order.

All prices quoted are in pounds sterling and include all taxes at current rates. Prices are subject to change at any time before we accept an order from you. Delivery where applicable will be charged separately (see Delivery and Returns page).

(vii) payment

All payments processed via the Tobias Oliver website are processed through Shopify. Their encrypted servers ensure your card and other personal details cannot be accessed by any third party. We do not retain your card details ourselves, although we do collect your personal information through the ordering process and in order to facilitate delivery. We will never pass on your personal information to any third party. All retail sales are supplied with a full invoice giving a description of the products purchased, the price paid and delivery charges. By paying with your card, you acknowledge that your data will be processed by Shopify subject to the Shopify Privacy Statement available at Shopify.com.

(viii) your right to cancel or end the contract with us

You can always end your contract with us. Your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

• if a product is faulty or misdescribed, you may have a legal right to end the contract or get the product repaired or replaced or to get a refund: see our Return Policy;
• if you want to end the contract because we have told you about (a) an error in the pricing or description of the products you have ordered and you do not wish to proceed or (b) a risk that the products may be significantly delayed because of an event outside our control or (c) we have suspended supply of the products you have ordered for technical reasons, then the contract will end immediately and we will refund you for any products which have not been delivered to you;
• if you have just changed your mind about the product, you may cancel the contract and be entitled to a refund within a 14 day cooling-off period after the order being accepted by us, but this may be subject to deductions and you will have to pay the costs of any return of products to us. Please note that once you have placed an order for a bespoke product, it may not be possible to cancel the order once the manufacturer has started making the product.

(ix) delivery

We will contact you with an estimated delivery date; this may be delayed by an event of force majeure – please see paragraph (xi) below for our responsibilities when this happens. Delivery will be completed when we deliver the products to the address you gave us at the time of ordering. Please ensure someone is available at the address to receive the products at the agreed time, but if no one is available you will be left a note that the products can be redelivered at a time to suit you. If for any reason the delivery date is delayed by you for more than a month, we may demand (and send an invoice for) full payment of any storage and insurance costs and any other sums arising from the delayed delivery.

(x) risk and title

You will own the products once we have received payment in full for them and the products will be your responsibility once delivered safely to the address you provide to us.

(xi) force majeure

Notwithstanding anything set out in these terms and conditions, we will not be liable for any failure or delay in performance of our obligations if it is due to an event beyond our reasonable control, including, without limitation, acts of God, war, industrial dispute, fire, flood, tempest or national emergencies. If so, delayed we will be entitled to a reasonable extension of time for performing our obligations. Any dates we specify for the delivery of the products are only approximate and we shall not be liable for any losses, damages, charges, costs or expenses caused by any delay in delivery of the products.

(xii) entire agreement

These terms and conditions constitute the entire and only agreement between us. Other than information on our website and information supplied with our products you acknowledge that you have not relied on any statement, warranty or representation given in relation to our products (whether given by us or a third party). Please note that nothing in the previous sentence shall purport to exclude liability for fraud or deliberate concealment.

(xiii) personal injury

Except where we, or any third-party supplier engaged by us, are negligent we accept no liability for injury or damage caused by the improper use of any products.

(xiv) proviso

We only supply the products for domestic and private use. You agree not to use the products for any commercial, business or resale purposes and accept that we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. The exclusions and limitations set out in these terms and conditions do not affect (and are subject to) those of your statutory rights as a consumer which cannot be excluded by Law. For example, under current legislation, liability for fraud or injury/damage caused by our negligence cannot be excluded. We will not be liable for any damage arising out of defective, damaged or wrongly delivered products, over and above the value of the products themselves.

(xv) third party rights

Only you and we shall be entitled to enforce these website terms. No third party shall be entitled to enforce any of these website terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

(xvi) customer care/complaints

If you have any queries regarding your purchase of products from the Tobias Oliver website you can contact [email protected]. We will endeavour to answer all concerns within 24 hours or on the next following business day.