Online Terms & Conditions

Our terms

  1. These terms
    1. These are the terms and conditions on which we supply our Items to you.
    2. Please read these terms carefully before you submit your order to us. 
    3. If you don’t understand any of this Contract and want to talk to us about it or if you want to request any changes to it, please speak with us or contact us using the Contact Details set out section 2.2 below.
    4. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. Where a term applies just to businesses or just to consumers, this is clearly stated.
      1. You are a consumer if you are an individual and you are buying Items from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
      2. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
    5. (For business customers only) If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
  2. Information about us and how to contact us
    1. We are Passmore of Colchester Limited a company registered in England and Wales. Our company registration number is 08246461 and our registered office is at 42b High Street, West Mersea, Colchester, Essex, CO5 8QA. Our registered VAT number is 144009934.
      1. Our Contact Details. You can contact us by telephoning 01206 384 300, by writing to us at info@passmore.store, or visiting our Contact Us page.
    2. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    3. When we use the words “writing” or “written” in these terms, this includes emails.
  3. Our Contract with you
    1. Our acceptance of your order will take place when we email you to accept it, at which point a Contract will come into existence between you and us.
    2. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Item. This might be because the Item is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Item or because we are unable to meet a delivery deadline you have specified.
    3. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
  4. Information we give you
    1. This section 4 only applies if you are a consumer.
    2. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding Contract between you and us is made as follows:
      1. the main characteristics of the Items you want to buy;
      2. who we are, where we are based and how you can contact us;
      3. the total price of the Items including any taxes (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price);
      4. all delivery charges if we are delivering directly to you (or where this cannot reasonably be worked out in advance, the fact that such additional charges may be payable);
      5. the arrangements for payment, delivery, performance, and the time by which we will deliver the Items;
      6. our complaint handling policy;
      7. the fact that we are under a legal duty to supply Items that are in conformity with the Contract;
      8. our after-sales services; and
      9. how long the Contract is for and how to end it.
    3. Typically, we will do this on the Item description and elsewhere on our website which can be accessed before you buy the Items from us. Some of this information is likely to be obvious from the context. Some of this information is also set out in this Contract, such as information on our Complaints Procedure (see section 21).
    4. The key information we give you forms part of this Contract (as though it is set out in full here).
    5. If we have to change any key information once a legally binding Contract between you and us is made, we can only do this if you agree to it.
  5. Your Privacy and Personal Information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy which is available on our website.

  1. Our Items
    1. The images of the Items on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Items. Your Item may vary slightly from those images. 
    2. While we try to make sure that all weights, sizes and measurements set out to you are as accurate as possible, there may be a small tolerance in such weights, sizes and measurements due to the variance of materials we work with. Please get in touch with us if you have any requirements or concerns in relation to your Items.
    3. The packaging of the Item may vary from that shown in images on our website.
  2. Price and Payment
    1. The price shall:
      1. be as set out on our website;
      2. be due and payable in pounds sterling (£)(GBP);
      3. include VAT at the applicable rate; and
      4. include any other costs set out in your order (including delivery) and any other charges agreed between you and us at any time before delivery.
    2. Please contact us using the Contact Details set out in section 2.2, if you want any further information on your invoice or have a query on it.
    3. We take reasonable care to ensure that the price of the Item advised to you is correct. However please see section 7.5 for what happens if we discover an error in the price of the Item you order.
    4. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Item, we will adjust the rate of VAT that you pay, unless you have already paid for the Item in full before the change in the rate of VAT takes effect.
    5. What happens if we got the price wrong. It is always possible that, despite our efforts, some of the Items we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Item’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Item’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Items provided to you.
    6. If you think an invoice or a charge is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
    7. We accept payment on our website through our nominated third-party payments provider. 
    8. We will not dispatch your Items until you have paid for them in full and cleared funds.
    9. We shall not be held responsible for not meeting any specified delivery dates as a result of you not paying us at a reasonable time before such date.
    10. (for business customers only) If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  3. Your rights to make changes

If you wish to make a change to an Item you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Item, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

  1. Our rights to make changes
    1. We may change the Item to reflect changes in relevant laws and regulatory requirements.
    2. In addition, we may make more significant changes to this Contract or to the Items, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Items paid for but not received.
  2. Providing the Items
    1. The costs of delivery are as displayed to you on our website and can be found when you access your Shopping Cart, or during Checkout.
    2. We will notify you of an estimated delivery date which will be within 30 days after the day on which we accept your order, unless we agree otherwise.
    3. Delivery of the Items will take place when we deliver them at the person or address that you nominated. For example, this could be to a courier you will use to collect your Items from us, or a neighbour’s details if you are not available to receive delivery yourself.
    4. If you have asked to collect the Items from the address set out in section 2.2, you can collect them from us at any time during our working hours of 8:30am to 4:30pm on weekdays (excluding public holidays), by Prior appointment only.
    5. We may be able to make deliveries to an address outside of the UK but this will be on prior agreement with us and may incur additional costs for you. We will do our best to notify you of any additional costs you will incur before we deliver the Items to you but if we don’t notify you, you will still be responsible for such additional costs.
    6. If you or we incur certain charges, taxes or duties due to a delivery that we have not identified or calculated correctly, you shall be responsible for all such costs. 
    7. We may deliver your Items in instalments at your request although this may result in additional costs. If you would like your Items to be delivered in this way, please speak with us.
    8. Your delivery address must be easily accessible by us or our subcontractors for delivery purposes.
    9. We are not responsible for delays outside our control. If our supply of the Items is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Items you have paid for but not received.
    10. If you are not at home when the Item is delivered. If no one is available at your address to take delivery and the Items cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Items from a local depot.
    11. If you do not re-arrange delivery. If you do not collect the Items from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and section 16.6 will apply.
    12. The Items will be your responsibility from the time we deliver the Item to the address you gave us or you (or a carrier organised by you) collect it from us.
    13. You own an Item once we have received payment for it in full and cleared funds.
    14. We may have to suspend the supply of an Item to:
      1. update the Item to reflect changes in relevant laws and regulatory requirements; or
      2. make changes to the Item as requested by you or notified by us to you (see section 9).
    15. You may contact us to end the Contract for an Item if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the Item after you end the Contract.
    16. If you do not pay us for the Items when you are supposed to (see section 7.6) and you still do not make payment within 14 days of us reminding you that payment is due, we may either suspend supply of the Items until you have paid us the outstanding amounts or end the Contract. 
  3. Guarantees
    1. In addition to your legal rights under section 12.1 or 13.1 (as applicable), we will pass on any manufacturing guarantees to you that we have the benefit of, for any materials used in your Items that we have sourced and supplied ourselves.
    2. You agree that by entering into this Contract, you accept that there will be a softening (under normal use) of any foam interiors we supply to you as part of the Items until the foam finds its natural balance. Such softening will not be considered a breach of our satisfactory quality duties at law. You can find our care guidance here. 
    3. Please ensure you comply with all Item care guidance supplied to you in order to protect and extend the life of your Items after delivery. Your compliance with this guidance may be taken into account if this Contract ends and we owe you a refund as a result.
  4. Faulty Items (If you are a Consumer)
    1. This section 12 only applies if you are a consumer.
    2. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the Items:
      1. are of satisfactory quality;
      2. are fit for a particular purpose made known to us by you at the date of the order; and
      3. match the description given to you. 
    3. We must provide you with Items that comply with your legal rights.
    4. During the expected lifespan of your Item, if you are a consumer, your legal rights entitle you to the following:
      1. Up to 30 days: if your Items are faulty, then you can get an immediate refund.
      2. Up to six months: if your Items can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
      3. Up to six years: if your Items do not last a reasonable length of time you may be entitled to some money back.
    5. If any Items delivered to you do not comply with any of the terms of this Contract (“Non-Conforming Items“), please let us know as soon as possible. We would appreciate the opportunity to repair or replace the Non-Conforming Item if we think we can. We would cover all the costs of such repair and replacement.
    6. If you do not wish us to repair or replace and the Non-Conforming Item is non-conforming from the delivery date, you may be able to reject the Items in the relevant order within 30 days of delivery of the Items to you. 
    7. If we repair or replace the Non-Conforming Items and the same fault still exists on the Non-Conforming Items, you may be able to reject the Items and request a refund (this may be subject to reasonable deductions if this request is after 6 months from the delivery date) or request an appropriate price reduction for the Items from us.
    8. If you wish to exercise your right to reject the Items, you must let us know that you are rejecting them and either return them in person to us, send them back to us (at our postal address set out in section 2.2) or allow us to collect them from you. We will pay the costs of postage or collection.
    9. We will not be liable for a Non-Conforming Item if:
      1. you make any further use of such Non-Conforming Item after giving us notice that an Item is faulty;
      2. the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Item or (if there are none) good trade practice;
      3. you alter or repair the Non-Conforming Item without our written consent; or
      4. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
    10. These terms in this section 12 shall apply to any repaired or replacement Items supplied by us under this section 12.
    11. For more detailed information on your rights and what you should expect from us, please:
      1. contact us using the contact details set out in section 2.2; 
      2. contact the Association of Master Upholsterers (details are on www.upholsterers.co.uk); or
      3. visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
    12. Nothing in this Contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
    13. If this Contract ends, it will not affect your right to receive any money which we owe to you under it.
    14. If this Contract ends, it will not affect our right to receive any money which you owe to us under it.
  5. Faulty Items (if you are a business)
    1. This section 13 only applies if you are a business.
    2. If you are a business customer, we warrant that Items shall:
      1. conform in all material respects with their description and any relevant specification;
      2. be free from material defects in design, material and workmanship;
      3. be of satisfactory quality (within the meaning of the Sale of Items Act 1979); and
      4. be fit for any purpose held out by us.
    3. Subject to section 13.4, if:
      1. you give us notice in writing within a reasonable time of discovery that an Item does not comply with section 13.1;
      2. we are given a reasonable opportunity of examining such Item; and
      3. you return such Item to us at our cost,

we shall, at our option, repair or replace the defective Item, or refund the price of the defective Item in full.

    1. We will not be liable for an Item’s failure to comply with section 13.1 if:
      1. you make any further use of such Item after giving a notice in accordance with section 13.3.1;
      2. the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Item or (if there are none) good trade practice;
      3. you alter or repair the Item without our written consent; or
      4. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
    2. Except as provided in this section 13, we shall have no liability to you in respect of an Item’s failure to comply with the warranty set out in section 13.1.
    3. These terms shall apply to any repaired or replacement Items supplied by us under section 13.3.
  2. Changing your mind
    1. (for consumers only) If you are a consumer, you have a right to change your mind about any Items purchased online subject to certain conditions set out in this section and subject to your statutory rights. 
    2. (for consumers only) Your right as a consumer to change your mind does not apply in respect of:
      1. Items sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
      2. any Items which become mixed inseparably with other items after their delivery.
    3. (for consumers only) If you are a consumer and you have changed your mind about buying the Item, you have 14 days after the day you (or someone you nominate) receives the Items, unless your Items are split into several deliveries over different days. In this case, you have until 14 days after the day you (or someone you nominate) receives the last delivery. You may be able to get a refund but this may be subject to deductions and you will have to pay the costs of return of any Items.
    4. (for business customers only) If you are a business and where we are not at fault, you do not have a right to change your mind but you can still end the Contract before it is completed, although you may have to pay us compensation. A Contract is completed when the Item is delivered and paid for. If you want to end a Contract under this section 13, just contact us to let us know. The Contract will end immediately and we will refund any sums paid by you for Items not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the Contract.
  3. Other reasons you can end the Contract
    1. If you are ending a Contract for a reason set out in sections 15.1.1 to 15.1.4 (inclusive) below, the Contract will end immediately and we will refund you in full for any Items which have not been provided and you may also be entitled to compensation. The reasons are:
      1. we have told you about an upcoming change to the Item or these terms which you do not agree to (see section 9.2);
      2. we have told you about an error in the price or description of the Item you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the Items may be significantly delayed because of events outside our control; or
      4. you have a legal right to end the Contract because of something we have done wrong.
    2. You will also be able to end this Contract if we have not met our obligations under it and you may be entitled to some form of compensation as a result, depending on the circumstances.
    3. If you end the Contract after the Items have been delivered to you because of something that we have done, you must make the Items available for collection and we will pay the costs of return once we have received them. In all other circumstances, you must arrange and pay the costs of return of the Items to us.
  4. How you can end the Contract with us (Returns and Refunds) 
    1. To end the Contract with us, please let us know by doing one of the following:
      1. Phone or email. Contact us using the details set out in section 2.2. Please provide your name,  home address, details of the order (including order numbers) and, where available, your phone number and email address.
      2. By post. Print off this form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
    2. If you end the Contract for any reason after Items have been dispatched to you or you have received them, you must return them to us. You must either return the Items in person to our premises, post them back to us at 42b High Street, West Mersea, Colchester, Essex, CO5 8QAor (if they are not suitable for posting) allow us to collect them from you. Please call us on 01206 384 200 or email us at sales@passmore.store for a return label or to arrange collection. 
    3. (for consumers only) If you are a consumer exercising your right to change your mind you must send off the Items within 14 days of telling us you wish to end the Contract.
    4. We will pay the costs of return:
      1. if the Items are faulty or misdescribed; or
      2. if you are ending the Contract because we have told you of an upcoming change to the Item or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
    5. In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
    6. What we charge for collection. If you are responsible for the costs of return and we are collecting the Item from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
    7. How we will refund you. If you are entitled to a refund under these terms, we will refund you the price you paid for the Items including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
    8. If you are entitled to do so and are exercising your right to change your mind:
      1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Items, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Items and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
      2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of an Item within 3-5 days at one cost but you choose to have the Item delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
    9. We will make any refunds due to you as soon as possible. 
    10. (for consumers only) If you are a consumer exercising your right to change your mind then if we have not offered to collect the Items, your refund will be made within 14 days from the day on which we receive the Item back from you or, if earlier, the day on which you provide us with evidence that you have sent the Item back to us.
  5. Our rights to end the Contract
    1. We may end the Contract for an Item at any time by writing to you if:
      1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Items, for example, information about your delivery address; or
      3. you do not, within a reasonable time, allow us to deliver the Items to you or collect them from us.
    2. If we end the Contract in the situations set out in section 17.1, we will refund any money you have paid in advance for Items we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
    3. We may write to you to let you know that we are going to stop providing the Item. We will let you know in advance of our stopping the supply of the Item and will refund any sums you have paid in advance for Items which will not be provided.
  6. Limit on our responsibility to Consumers
    1. This section 18 only applies if you are a consumer.
    2. If we fail to comply with the terms in this Contract, we are responsible to you for any foreseeable certain loss or damage you suffer as a result. We are not legally responsible for any loss or damage that is:
      1. not foreseeable;
      2. not caused by any breach of our obligations;
      3. a form of business loss; and
      4. a loss to non-consumers. 
    3. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    4. We do not exclude or limit our responsibility to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation; or for breach of your legal rights set out in section 12.
    5. If you are a consumer, we only supply the Items to you for domestic and private use. If you use the Items for any commercial, business or re-sale purpose our liability to you will be limited as set out in section 19.
  7. Our responsibility for loss or damage to businesses
    1. This section 19 only applies if you are a business.
    2. Nothing in these terms shall limit or exclude our liability for:
      1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
      4. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    3. Notwithstanding section 13.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    4. Subject to section 19.1:
      1. we shall not be liable to you, whether in Contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any Contract between us; and
      2. our total liability to you for all other losses arising under or in connection with any Contract between us, whether in Contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for Items under such Contract.
  8. Other important terms
    1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
    2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this Contract, we can still enforce it later. If we delay in taking steps against you in respect of your breach of obligations under this Contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.  For example, if you fail to return Items after a refund has been issued, we can still require you to return the Items at a later date.
  9. Complaints Procedure
    1. If you are unhappy with:
      1. the Items;
      2. our service to you generally; or
      3. any other matter,

please contact us as soon as possible.

    1. We will try to resolve any disputes with you quickly and efficiently.
    2. You or we can request an expert report (at the cost of the person requesting it) to resolve the issue at any time.  
    3. If you and we cannot resolve a dispute between ourselves in the first instance, you or we can either commence an alternative dispute resolution by way of arbitration or go direct to court.
    4. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider.  For further information please contact us. 
    5. These terms are governed by English law. If you are a consumer then wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business, you irrevocably agree to submit all disputes arising out of or in connection with our Contract with you to the exclusive jurisdiction of the English courts. 
  1. 1.– Cancellation Form

(Please copy and paste into a letter or email if you wish to cancel your contract with us)

To: Passmore of Colchester Limited, 42b High Street, West Mersea, Colchester, Essex, CO5 8QA

I/We hereby give notice that I/We cancel my/our Contract of sale of the following Items:

Ordered on/received on: 

Name of Customer(s):

Address of Customer(s):

Signature of Customer(s) (only if this form is notified on paper):

Date:

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