Terms & Conditions
Our terms
- These terms
- What these terms cover. These are the terms and conditions on which we will build and supply a footstool for you.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide your footstool to you, how either of us may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Information about us and how to contact us
- Who we are. We are Patricia Alban trading as The Bespoke Footstool Co. Our address is Applegarth Farm, Headley Road, Grayshott, Hampshire GU26 6JL.
- How to contact us. You can contact us by telephoning us on 01428 604675 or 07816 290804 or by writing to us at This email address is being protected from spambots. You need JavaScript enabled to view it..
- How we may contact you. 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.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- Our contract with you
- How to order your footstool. a) you can contact us directly with your footstool and fabric ideas and ask us to create a design for you. Once we have arrived at a design, we will invoice you for the full amount including fabric and any delivery charges. b) alternatively you can you can use the design tool where there are priced selections of frame and upholstery styles and you can enter your required dimensions. Once you have made your decision, you can place your order online and you will be required to pay for the for the stool along with any delivery charges.
- Legs. Where you order a turned leg, depending on the proportions of the footstool you are asking us to make for you, there may be some variations of the proportion of the finished turned leg. If you would like to see a photo of the leg which suits the dimensions you need, we can provide this before you place your order so please contact us. Alternatively, we can create a turned leg to your exact specifications but there may be an additional charge. The proportion of all other leg styles will be consistent with those shown on the website. Please note that there may also be colour variation on the finished legs which are polished by hand and differences in the texture of wood can take up the polish differently.
- How to select your fabrics. We hold accounts with a number of fabric suppliers and can order fabric on your behalf. We recommend that you choose fabrics designed for medium, domestic upholstery use. You can choose less durable fabrics at your own risk as it will wear out faster. Once you know what fabrics you want, please let us know and we will calculate the amount of each fabric needed and will let you know how much it will cost. If you are ordering fabric through us that is less than 75% natural fibre, it will need to comply with fire safety regulations which means a back coating will need to be applied. Some manufacturers have a minimum order to provide this service. The cost will include the cost of the fabrics plus a delivery charge for the supplier to send the fabrics to us. If you require fabric from more than one fabric supplier, there may be more than one delivery charge applied and the minimum order requirement may apply for each fabric. We will then invoice you for the fabric and delivery charges which will be due for payment in accordance with clause 13. Please note that natural fabrics can contain flaws. We always endeavour to avoid showing any natural flaws in a prominent position on a finished footstool. If you are providing your own fabric, we will let you know how much we need and you will be responsible for getting it to us.
- How we will accept your order. Once we have received payment under clause 3 and clause 3.3 (or just clause 3.1 where you are providing your own fabric), provided we can accept your order, we will email you to confirm we have accepted your order, at which point a contract will come into existence between you and us. Please check the e-mail carefully to make sure the details of your order are correct and let us know if there are any problems within 48 hours of its receipt. If you advise us of any changes after the expiry of the 48 hour period, they will be dealt with in accordance with clause 5 below. You have a period of 48 hours from receipt of our e-mail during which you can cancel the contract and we will refund all monies you have paid to us. Once the 48 hour period has expired, we will begin to make your footstool.
- If we cannot accept your order. If we are unable to accept your order, we will let you know by e-mail and will not charge you for the footstool. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we are unable to meet a delivery deadline you have specified.
- We primarily sell to the UK. Our website is primarily for the promotion of our footstools in the UK mainland. If you wish to have a footstool delivered to an address outside the UK, please contact us in accordance with clause 2.2 before placing an order.
- The footstools
Making sure your measurements are accurate. As we are making the footstool to measurements you have given us, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us. It’s worth taking some extra time to be sure the footstool is a suitable size for your chosen room and also that there is adequate access through doorways and hallways to reach the room in your house where you keep the footstool.
- Your rights to make changes
If you wish to make a change to the footstool after you have placed your order with us 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 footstool, the timing of supply or any other changes flowing from your request and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, we shall continue with the original design requested.
- Our rights to make changes
- Minor changes to the footstool. We may change the construction of the footstool:
- to reflect changes in relevant laws and regulatory requirements. By way of example, we comply with the Furniture and Furnishings (Fire Safety) Regulations 1988. Were these regulations to change, we may have to change our construction methods to ensure we are compliant with any new regulations; and
- to make minor adjustments and improvements to ensure the proportions of the finished footstool work from an aesthetic standpoint.
- Minor changes to the footstool. We may change the construction of the footstool:
- Providing the footstool
- Guarantee. We offer a 10-year guarantee on the frame of the footstool against normal wear and tear. We cannot offer a guarantee on the fabric as its lifespan will depend on the durability of the fabric you have chosen together with the environment in which the footstool is used. For example, a footstool may face heavier wear in a household where there are young children or pets.
- Delivery costs. The costs of delivery may vary depending on the delivery location and will be displayed to you on our website before you place your order or will be notified to you when you place your order for fabric.
- When we will provide the footstool. The time required to make your footstool will depend on the complexity of the design you have chosen although we generally aim to provide footstools within 6-8 weeks after the day on which we accept your order or, if you are providing your own fabric to us, 6-8 weeks after the day on which we receive the fabric from you. If it is likely to take longer than that, we will let you know when we accept your order so you have the option to cancel the contract if you are not happy with the delivery period.
- Delivery. Our couriers will contact you to arrange a two hour delivery slot on the date for delivery. They will not deliver until you have confirmed you are at the delivery address. If you are not at the delivery address, it will delay delivery and you may be charged extra delivery charges.
- On the delivery day. Please ensure that access to the room where the footstool is going is clear of obstacles and remove any pictures, mirrors or ornaments from the delivery route to avoid any damage. Our carriers will unwrap the footstool when they deliver it so you can check it is not faulty. They will ask you to sign off your acceptance before leaving you. If you subsequently find fault with your footstool, your rights are set out in clause 8 and clause 11.
- We are not responsible for delays outside our control. If our supply of the footstool 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 your footstool you have paid for but not received.
- If you are not at home when the footstool is delivered. If no one is available at your address to take delivery, you will be left a note informing you of how to rearrange delivery.
- If you do not re-arrange delivery. If you do not re-arrange delivery 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 we may end the contract and clause 10.2 will apply.
- Your legal rights if we deliver the footstool late. You have legal rights if we deliver the footstool late. If we miss the delivery date then you may treat the contract as at an end straight away if any of the following apply:
- we have refused to deliver the footstool;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
- Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight under clause 7.9, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
- Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.9 or clause 7.10, you can cancel your order or reject the footstool if it has been delivered. After that we will refund any sums you have paid to us for the cancelled order including delivery. If the footstool has been delivered to you, you must allow us to collect it from you. We will pay the costs of collection. Our contact details are set out in clause 2.2.
- When you become responsible for the footstool. The footstool will be your responsibility from the time we deliver it to the address you gave us in the order.
- When you own the footstool. You own the footstool and are responsible for it once it has been delivered to you.
- What will happen if you do provide us with fabric. If you are providing your own fabric, we will need you provide it to us within 14 days of our confirming our acceptance of your order. If we have not heard from you within 14 days of our accepting your order, we will contact you by e-mail to ask for it. If you do not provide it to us within a reasonable time of us asking for it, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for the late supply of the footstool if this is caused by you not giving us the fabric we need within a reasonable time of us asking for it.
- Your rights to end the contract
- You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the footstool and when you decide to end the contract:
- If the footstool is faulty you may have a legal right to end the contract (or to have it repaired, replaced or to get some or all of your money back), see clause 11.;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
- In all other cases (if we are not at fault), see clause 8.4.
- 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 (d) below the contract will end immediately and we will refund you in full for the footstool if it has not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an error in the price of the fabric and you do not wish to proceed;
- there is a risk that the delivery of the footstool may be significantly delayed because of events outside our control;
- we have suspended production of footstools for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
- you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.9).
- You don’t have a right to change your mind about the footstool. As the footstool is being made to your specification and is personalised, you do not have a right to cancel the contract under the Consumer Contract (Information, Cancellation & Additional Charges) Regulations 2013.
- Ending the contract where we are not at fault. Even if we are not at fault, you can still end the contract before it is completed but you will have to pay us compensation. A contract for goods is completed when the goods are delivered and paid for. If you want to end the contract in these circumstances, just contact us to let us know. We will refund any advance payment you have made for your footstool but we will deduct from that refund our costs incurred in the production of the footstool up to the date on which you end the contract plus reasonable compensation for the net costs we will incur as a result of your ending the contract.
- You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the footstool and when you decide to end the contract:
- How to end the contract with us
- Tell us you want to end the contract. To end the contract with us, please contact us. Our contact details are set out in clause 2.2. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- When we will pay the costs of return. We will pay the costs of return:
- if your footstool is faulty;
- if you are ending the contract because we have told you of an error in pricing, 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; or
- In all other circumstances, you must pay the costs of return.
- How we will refund you. We will refund you the price you paid for the your footstool including delivery costs, by the method you used for payment. However, we will make deductions from the price, as described below.
- When your refund will be made. We will make any refunds due to you as soon as possible.
- Our rights to end the contract
- We may end the contract if you break it. We may end the contract at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us you’re your choice of fabric; or
- you do not, within a reasonable time, allow us to deliver the footstool to you.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for your footstool but we will deduct or charge you for the costs incurred in the production of the footstool up to the date you breach the contract plus the net costs we will incur as a result of your ending the contract.
- We may end the contract if you break it. We may end the contract at any time by writing to you if:
- If there is a problem with the footstool
- How to tell us about problems. If you have any questions or complaints about the footstool please contact us. Our contact details are set out in clause 2.2.
- Our design rights and photography. All rights in the design of a footstool shall remain with us and we reserve the right to use the design of any footstool or any element of it on other projects. Unless you have asked us not to, we will be taking photographs of your footstool in our workshop once it is finished which we will own and will be using on our website. You are welcome to download any image of your footstool from our website for your personal use.
- Your obligation to return a rejected footstool. If you wish to exercise your legal rights to reject your footstool you must allow us to collect it from you. We will pay the costs of collection. Please contact us. Our contact details are set out in clause 2.2.
- Price and payment
- Where to find the price for the footstool. The price of the upholstered frame of the footstool will be the price indicated on the order pages when you placed your order. There will be an additional charge for fabrics depending on your choice. We take all reasonable care to ensure that the price of the frame of the footstool advised to you is correct and that the price of the fabrics and their delivery charges are correct. However please see clause 13.2 for what happens if we discover an error in the price of the footstool and the fabrics you order.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, the footstool you order may be incorrectly priced or we miscalculate the amount and therefore the cost of the fabric although we cannot guarantee that you will not be able to find the fabric cheaper elsewhere. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the 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 the footstool provided to you.
- When you must pay and how you must pay. When you place your order for the frame online, you will be required to make payment by debit or credit card. Once you have placed your order for fabric, we will invoice you and payment is due through Stripe online payment service using our debit or credit card within 14 days of the date of our invoice.
- What to do if you think an invoice is wrong. If you think an invoice 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.
- Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the your footstool as summarised at clause 12.
- When we are liable for damage to your property. We will make good any damage to your property caused by us while delivering the footstool.
- How we may use your personal information
- How we will use your personal information. We will use the personal information you provide to us:
- to supply the footstool to you; and
- to process your payment for the footstool.
- We will only give your personal information to third parties where the law either requires or allows us to do so.
- How we will use your personal information. We will use the personal information you provide to us:
- Other important terms
- You need our consent to transfer your rights to someone else. You may transfer our guarantee given in clause 7.1 to a person who has acquired the footstool provided you have notified us of the change of ownership.
- Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 16.1 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- 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.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. The contract is governed by English law and you can bring legal proceedings in respect of the footstool in the English courts. If you live in Scotland you can bring legal proceedings in respect of the footstool in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the footstool in either the Northern Irish or the English courts.
- Alternative dispute resolution. In the event that a complaint has not been resolved through our complaints procedure, we will issue a final response letter. Upon receipt of this, you may refer your complaint to the Association of Master Upholsterers of whom we are a member. They would typically send in an assessor to establish whether we had complied with your order. We will work with the Association of Master Upholsterers to resolve your dispute via their complaints resolution process which they can supply on request.