TERMS AND CONDITIONS for Th2 Studio products

Our terms 

Your attention is particularly drawn to the provisions of clause 15.

This page (together with our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our website) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our website.  Please note that before placing an order you will be asked to agree to these Terms.

Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our website.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms and any Contract between us are only in the English language.

1.Information about us

1.1 We operate the website [www.th2designs.co.uk] We are Th2 Studio Ltd, a company registered in England and Wales under company number 09314463 and with our registered office at 5 Printworks House, 27 Dunstable Road, Richmond, TW9 1UH.

1.2 To contact us, please email hello@th2studio.co.uk. Our office hours are 9am to 5.00pm, Monday to Friday.

2. Our Products

2.1 The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.2 Although we have made every effort to be as accurate as possible, because some of our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.

2.3 There may be some slight variation in colour between different batches of material used in, or different finishes applied to the exterior of, our Products.  We hope you appreciate this as a sign of the quality and craftsmanship that has gone into the making of our Products.

2.4 All Products shown on our website are subject to availability. We will inform you by e-mail as soon as possible if the Product(s) you have ordered are not available and we will not process your order if made.

2.5 We are continually developing our products and reserve the right to amend the specification of Products without prior notice in relation to future sales.

3. Use of our website

Your use of our website is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms, which apply to you.

4. How we use your personal information

We only use your personal information in accordance our Privacy Policy. Please take the time to read these, as they include important terms, which apply to you.

5. If you are a consumer

This clause 5 only applies if you are a consumer.

5.1 If you are a consumer, you may only purchase Products from our website if you are at least 18 years old.

5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Nothing in these Terms will affect these legal rights.

6. If you are a business customer

This clause 6 only applies if you are a business.

6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our website to purchase Products.

6.2 These Terms and our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy.

7. How the contract is formed between you and us

7.1 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 page of the order process.

7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order (Order Acknowledgement). However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.4.

7.3 We will confirm our acceptance to you within 48 hours of sending the Order Acknowledgement by sending you an e-mail that confirms that the Products are in stock and an estimated date for when they will be dispatched (Order Confirmation).  The Contract between us will only be formed when we send you the Order Confirmation. If you do not receive an Order Confirmation please contact us on hello@th2studio.co.uk as we do reserve the right not to accept all orders.

7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our website as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

8. Our right to vary these terms

8.1 We may revise these Terms from time to time in the following circumstances:

(a) Changes in how we accept payment from you;

(b) Changes in relevant laws and regulatory requirements; and

(c) Other changes we may require from time to time.

8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

9. Your consumer right of return and refund

9.1 You can always end your Contract with us. Your rights when you 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:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Products repaired or replaced or to get some or all of your money back);

(b) If you want to end the Contract because of something we have done or have told you we are going to do, see clause 9.;

(c) If you have just changed your mind about the Product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products;

(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.4.

9.2 Ending the contract because of something we have done or are going to do. If you are ending a Contract for a reason set out at (a) to (e) below the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) We have told you about an upcoming change to these terms which you do not agree to (see clause 8.1);

(b) We have told you about an error in the price or description of the Products you have ordered and you do not wish to proceed;

(c) There is a risk that supply of the Products may be significantly delayed because of events outside our control;

(d) We have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 months; or

(e) You have a legal right to end the Contract because of something we have done wrong.

9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online, you have a legal right to change your mind within 14 calendar days of placing an order and receive a refund.  

9.4 When you don't have the right to change your mind.  You do not have a right to change your mind in respect of:

(a) Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them, eg mattresses; and/or

(b) Any Products which become mixed inseparably with other items after their delivery.

9.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. If you have bought Products, you have 14 days after the day you (or someone you nominate) receives the Products, unless Your Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the Products.

9.6 Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the Contract (see clause 9.1), you can still contact us before it is completed and tell us you want to end it. If you do this the Contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) compensation for the net costs we will incur as a result of your ending the Contract.

9.7 To cancel a Contract or process a return, please give us notice in writing by sending an e-mail to hello@th2studio.co.uk to tell us. You may wish to keep a copy of your cancellation notification email for your own records. Your cancellation or return request is effective from the date you sent us the e-mail or posted the letter to us.  

9.8 Refunds

(a) If you are cancelling the Contract, you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for delivery by us of the Products to you. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which we receive the Products back from you. If you returned the Products to us because they were faulty or misdescribed, please see clause 9.8 (b).

(b) If you have returned the Products to us because, following your inspection of them on delivery (see clause 10.7), they are faulty or misdescribed, we will refund the price of a defective Product in full, including any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

(c) If you have returned the Products to us because they are the wrong size for your space, and this results from mistakes made by you in measuring your space, or for any other reason, then we will refund the price of the Product but not any delivery charges and you will be charged a re-stocking fee of £45 and any collection charges (see 9.10(b) below).

(d) If you are returning the Products for any other reason, we will refund the price of the Product to you, less any delivery charges and will charge you for the cost of collection (see 9.10(b) below).

9.9 We will refund you on the credit card or debit card used by you to pay.

9.10 If the Products were delivered to you:

(a) We will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection; and

(b) Unless the Products are faulty or not as described (in this case, see clause 9.8), you will be responsible for the cost of us collecting the Products from you. The cost of collecting the Products is set out in the table below. You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession, including keeping them in a safe place in their original packaging and not using them for any purpose.

9.11 Please note that we will not refund the following:

(a) Products which you have not notified us of within 14 working days of their delivery to you;

(b) Products which are damaged whilst in your possession;

(c) Mattresses, if they have been removed from their packaging;

(d) Products bought at a discounted price, a trade discount or during a sale (unless they are faulty or significantly different to their description on our website).

10. Your Business right of return and refund

(a) As a trade customer, you will not be able to return any bespoke Products or Products bought using a trade account.

(b) If you have returned the Products to us because, following your inspection of them on delivery (see clause 10.7), they are faulty or misdescribed, we will refund the price of a defective Product in full, including any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

11. Delivery

11.1 We will contact you with an estimated delivery date. Many of our Products are made to order and the lead-time is between 12-14 weeks. Occasionally an Event Outside Our Control may affect our delivery to you. See clause 17 for our responsibilities when this happens.

11.2 You shall make all arrangements necessary to take delivery of the Products (including ensuring that the Delivery Address is clean and ready for installation of the Products to our satisfaction) for whenever they are tendered for delivery.

11.3 Delivery will be completed when we deliver the Products to the address you gave us.

11.4 You will receive a reminder before delivery, either from us or from our delivery company.  If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. We will have to charge you the price of a re-delivery (the initial delivery cost that was charged).

11.5 Delivery will take place between the hours of 9.00am and 5.00pm from Monday through to Friday; please ensure that someone is available at your address to receive the Products at the agreed time.

11.6 If for any reason the delivery date is delayed by you, we shall charge you our reasonable storage and insurance costs for the Products until such time as the Products have been delivered to you. If the delivery date is delayed by more than 1 month, we may demand (and send an invoice for) full payment of the price of storage and insurance for such Products, and any other sums due under the Agreement.

11.7 It is your responsibility to advise us at the time of ordering of any non-standard delivery circumstances that may apply.  In the event that you have not so advised us and we are unable to complete a delivery because of access constraints either to or in the building, a £45 restocking fee will be charged to you. 

11.8 You own the Products once we have received payment in full, including all applicable delivery charges. We shall be responsible for storage and insurance of the Products on your behalf until delivery.  The Products will be your responsibility from the completion of delivery.

11.9 Please inspect the Products on delivery. If you find they are faulty or misdescribed, then please highlight any problems to the delivery carrier or us as soon as possible via email to hello@th2studio.co.uk. We will refund the price of the Products to you provided that you have kept them in good and ‘saleable’ condition, in their original packaging and in a safe place prior to our collecting them from you (see clause 9.11).  Please note that any mattress must be kept in its original sealed packaging to be returned and if this is opened then you will not be able to return the mattress.

11.10 We will not be liable for direct or indirect loss of profits or other financial loss or damage suffered by you as a result of any reasonable delay or delay due to any reasonable rescheduling of delivery.

11.12 When ordering one of our sofas you will be eligible for our Man & Van delivery service, which works in the following way:

(a) Your purchases will be delivered by our experienced delivery partner direct into the room of choice, unwrapped, placed and all rubbish disposed of;

(b) Our delivery company will be in touch with you in the week preceding your delivery to arrange a delivery time, within reason.

(c) We will provide you with the tracking information once the item has been shipped via email.

(d) We will ship to any destination within the mainland UK.

(e) If you have any questions regarding overseas delivery please email hello@th2studio.co.uk and we will endeavour to assist.

11.13 Unfortunately, we only deliver to addresses on the mainland in the UK.

11.14 You may place an order for Products from one of the islands off the UK or from outside the UK, but this order must be for delivery to an address in the UK mainland.

11.15 If items are going to be exported then the liability and responsibility passes to the consumer on delivery of goods.  We will not be liable for any return shipping costs, in any circumstance if the items are taken outside of the mainland UK.

12. Price of products and delivery charges

12.1 The prices of the Products will be as quoted on our website from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.

12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.

12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

12.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our website from time to time.

12.5 Our website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you by email. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

13. How to pay

13.1 You can only pay for Products using a debit card or credit card via our website. We accept the following cards: VISA DEBIT, VISA ELECTRON, VISA CREDIT (PERSONAL, CORPORATE & BUSINESS) MASTERCARD DEBIT, MASTERCARD CREDIT (PERSONAL, CORPORATE AND BUSINESS)

13.2 Payment for the Products and all applicable delivery charges is in advance, at the time you make an order.

14. Our Goodwill Guarantee for the Products

14.1 For Products which do not have a manufacturer's guarantee, we guarantee that on delivery and for a period of six months from delivery, the Products shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 14.2.

14.2 The warranty in clause 14.1 does not apply to any defect in the Products arising from:

(a) Fair wear and tear;

(b) Wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

(c) If you fail to operate or use the Products in accordance with the user instructions;

(d) Any alteration or repair by you or by a third party who is not one of our authorised repairers; or

(e) Any specification provided by you.

14.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

14.4 Where the Products approved by you as part of the Contract between us have been ordered or supplied and are no longer required by you after the cancellation period has expired, we cannot guarantee our ability to accept a return or offer any level of refund.

15. Our liability if you are a business

This clause 15 only applies if you are a business customer.

15.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes, unless we have agreed in writing otherwise.

15.2 Nothing in these Terms limit or exclude our liability for:

(a) Death or personal injury caused by our negligence;

(b) Fraud or fraudulent misrepresentation;

(c) Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d) Defective products under the Consumer Protection Act 1987.

15.3 Subject to clause 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) Any loss of profits, sales, business, or revenue;

(b) Loss or corruption of data, information or software;

(c) Loss of business opportunity;

(d) Loss of anticipated savings;

(e) Loss of goodwill; or

(f) Any indirect or consequential loss.

15.4 Subject to clause 15.2 and clause 15.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

16. Our liability if you are a consumer

This clause 16 only applies if you are a consumer.

16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms 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 we entered into the Contract.

16.2 We are not responsible for the acts, omissions or conduct of any third party supplier engaged by us, including any failure by a third party supplier to meet any timetable specified.

16.3 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16.4 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 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) Defective products under the Consumer Protection Act 1987.

16.5 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.

17. Events outside our control

17.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.

17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks (including internet servers and broadband providers) or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) We will contact you as soon as reasonably possible to notify you;

(b) Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over; and

(c) We will not be liable for direct or indirect loss of profits or other financial loss or damage suffered by you as a result of any delay due to an Event Outside Our Control.

 18. Communications between us

18.1 When we refer, in these Terms, to "in writing", this will include e-mail.

18.2 If you are a consumer:

(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an e-mail to hello@th2studio.co.uk by sending a letter to 5 Printworks House, 27 Dunstable Road, Richmond, TW9 1UH. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

(b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail (as in 18.2) or by pre-paid post to th2studio at 5 Printworks House, 27 Dunstable Road, Richmond, TW9 1UH.You can always contact us using our Customer Services telephone line (0207 349 9494).

18.3 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.

18.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

19. Other important terms

19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this web page if this happens.

19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the warranty in clause 14 to the recipient of the gift without needing to ask our consent.

19.3 You shall not (except with our prior written consent) directly or indirectly solicit or entice away (or attempt to solicit or entice away) from our employment any person employed or engaged by us during the term of this Agreement or for a further period of 6 months after the termination of this Contract.  If you commit a breach of this clause, you shall, on demand, pay to us a sum equal to six months’ basic salary or the annual fee that was payable by us to that employee, worker or independent contractor plus the recruitment costs incurred by us in replacing such person.

19.4 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 14, but we and you will not need their consent to cancel or make any changes to these Terms.

19.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

19.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

19.7 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

19.8 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales