Terms and Conditions
sofalistic.co.uk (the “Website”), is owned and operated by, or on behalf of, We Are Sofas Ltd (“sofalistc”, “we” or “us”). On this Website, we provide users with access to a free online used sofa marketplace, where they can buy their sofa, along with a host of related services (collectively, “Services”).
Contacting us
If you have any questions about these Terms, you can contact us at
Sofalistic, 7 Bell Yard, London, WC2A 2JR
or email us at hello@sofalistic.co.uk.
Agreeing to the Terms
By using our Website, you agree to comply with and be bound by the following terms and conditions, together with our Privacy Policy and any other documents referred to therein (collectively, the “Terms”). If you do not agree to these Terms, you should not use this Website.
By submitting your details to us and so creating an account with us, you warrant that you are over 18 years old, reside in the United Kingdom and that the details you provide to us are true, accurate, complete and current. If you are submitting information via the Website about a sofa you do not own, or on behalf of another person, you warrant that you have all the requisite permissions necessary to provide us with such information to use in accordance with these Terms.
Changes to the Terms
We reserve the right to amend these Terms from time to time. The amended Terms will be posted on this Website, and will become effective from the date they are posted. We may update these Terms at any time, and shall provide you with written notice at the email address provided to us if the change to these Terms is, in our reasonable view, a material change. You should check this page regularly for updates.
Buying Your Sofa Through Our Marketplace
How It Works
How to sell Items on Sofalistic:
To list an item on our marketplace, the seller must comply with our Terms of service. When you list an item in the marketplace, you must complete a short questionnaire form, which includes selecting a category that most accurately represents the item and uploading good quality photo of the item.
You cannot use photographs found on the internet and/or photos of a similar item. The description and photographs of the item must reflect the actual quality and external appearance of the item, as well as any faults, defects or alterations affecting the item.
Sellers can improve the visibility of their items by opting for the following paid services which also affect how items are displayed on our site:
Boosts:
- Starter
- Advanced
- Advanced Plus
Is Sofalistic Service Free?
For sellers
Listing items on Sofalistic for sale will incur a 15% commission charge at the point of sale which will be automatically deducted from your payout.
For buyers
Buyers will pay the cost as advertised on the listing or countered at as displayed and presented plus our standard delivery fee. There are no other fees for the buyer.
For your security and that of the transactions, we invite you to complete the transactions using the “Buy now” button and to not make any transactions outside the site. Purchases made without using the “Buy now” button are at your risk and we will not offer any of the services included in the Buyer Guarantees in relation to such transactions.
Sofalistic is the owner and operator of a used sofa marketplace, whereby you sellers have the opportunity to make their sofa available for sale to a range of sofa buying partners and consumers, through the channel of Sofalistic.co.uk, a site owned by Us.
In these Terms, we refer to Buyers, as our”Sofa Buyers”.
When you sell your sofa through our Website marketplace, your sofa will be purchased by a Sofa Buyer. This also means that the contract for the sale of your sofa will be between you and that Sofa Buyer.
At no point does Sofalistic purchase any sofas itself, nor does it acquire any risk or title to any sofa made available for purchase via the Website.
Cancellation & refunds: Consumer protection laws do not apply to your purchases from other consumers. More specifically, the right to reject (section 20 of the Consumer Rights Act) does not apply. Buyer’s rights are significantly reduced when a sale is carried out between two individuals. More specifically, the following sections of the Consumer Rights Act 2015 do not apply: goods to be of satisfactory quality (section 9 of the Consumer Rights Act) and fit for a particular purpose (section 10 of the Consumer Rights Act). Goods from private sellers do not have to be fault-free and if defects or marks were clearly mentioned by the seller or are visible in the seller’s photograph, then you do not have a case against the seller. However, if the seller’s goods do not match the description, you have the right to ask for a refund or compensation.
Measurements: The measurements provided are supplied by the seller. Sofalistic disclaims any responsibility for the accuracy of these measurements. These measurements are intended to serve as approximate guidelines only. We do not accept returns or provide refunds for items that do not fit or for discrepancies in size.
Order Cancellation Policy (buyer): An order may only be cancelled if the delivery has not yet been scheduled. Once the delivery has been confirmed, cancellation will no longer be possible. In the event of an approved cancellation, a fee equivalent to 1.5% of the total order value, plus £0.20, will be applied. This amount will be automatically deducted from the refund at the point of processing.
Selling:
By submitting your payout details, you, as the seller, agree to be bound by these terms and conditions. If you cancel the sale after submitting your payout details but before a collection or delivery date has been confirmed, a cancellation fee of 1.5% of the total order value plus £0.20 will apply.
If the cancellation occurs after a collection or delivery date has been confirmed, a fixed cancellation fee of £129 will apply. All applicable fees must be paid within 7 days of the cancellation. Failure to pay the cancellation fee within this period may result in legal action to recover the amount due.
Tackling Fraud and Criminality
We take instances of fraud and criminality on our platform seriously. Your transaction may be frozen or cancelled by us and/or the Sofa Buyer should we reasonably suspect any instance of fraud, money laundering, proceeds of crime, breach of any company policies or the policies of our third party payments processing provider.
Other Services
Specific services that we offer, or make available to you from time to time, through the Website may also be governed by additional or alternative terms and conditions with us, or other third parties (including third party privacy policies). Where you take up any such services, please review these additional terms and conditions carefully.
Third Parties and Third Party Services
In accordance with our Privacy Policy, we may:
- provide your details to other third parties that supply related services and they may contact you to discuss these by email or telephone; and/or
- work with third parties (including, for example, vehicle transport providers, advertising networks, analytics providers, automotive data providers, search information providers or social networks) and receive information about you from them.
You understand that this Website may contain:
- links to third party products, services, websites and/or suppliers that are not affiliated with us. We have no control over these products, services or websites and we do not guarantee, endorse or take responsibility for them;
- advertising from third parties. We are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser. Any links or advertisements on this Website should not be taken as an endorsement by us of any kind
- data provided by third parties. We accept no responsibility for any inaccuracies in this material.
Website Content
The Services, including the content on this Website are provided for information only. We are not giving you any advice, investment, financial or otherwise in respect of your sofa.
You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Website.
User Content
By submitting content on this Website or otherwise providing content to us – such as photographs of your sofa, photographs of documents relating to you or your sofa, or any personal financial information – (“User Content”), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable and fully transferable licence to use, reproduce, display, sell, modify and edit the User Content. You waive any moral rights you may have in the User Content. You warrant and represent that you have all rights necessary to grant us these rights and that the content is not illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to us.
Any personal data that you provide via the Website, or we otherwise collect about you when you take up our Services or use the Website, will be governed by our Privacy Policy.
Our Intellectual Property
We, or our licensors, own all intellectual property rights in the Website, information and content available on the Website, any database operated by us, any proprietary software utilised by us to enable you to use this Website and the underlying source code (“Sofalistic IP”). All rights are reserved.
We grant you a revocable, non-exclusive, non-sub-licensable, non-transferable licence to use Sofalistic IP only to the extent necessary to retrieve, display and print content pages for your own personal, non-commercial use of the Services and Website, subject to your compliance with these Terms.
Warranties about the Website
The Website (including all content on it) is provided by us on an ‘as is’ and ‘as available’ basis. To the maximum extent permitted by the applicable law, we disclaim all warranties, representations, or guarantees of any kind, either express or implied:
- regarding the Website (including its content), including as to quality, suitability for any purpose (including your needs), compatibility, reliability, accuracy, completeness, timeliness, access or use of information provided by any Sofa Buyer, or otherwise through using our Services; or
- that the Website will operate continuously, without interruptions or be fault-free. From time to time, we may need to make the Website unavailable with or without notice to carry out maintenance or upgrade work. We accept no liability for any interruption or loss of service.
Although we use reasonable endeavours to ensure that our Website does not contain or promulgate any viruses or other malicious code, we do not guarantee that our Website will be free from bugs, viruses or malicious code. You should take steps to ensure that any device from which you access our Website is protected by appropriate anti-virus software. We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, programs or data due to your use of our Website.
We make this Website, including any offer or promotion of any Service, available for United Kingdom residents only and we make no representations, guarantees or warranties that the Services are available or appropriate for use by those outside the United Kingdom.
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
Indemnification
You agree to indemnify, defend and hold us and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of: (i) your use of this Website, whether as a signed-up user who has conducted a sofa quote or otherwise; (ii) your breach of these Terms; or (iii) the infringement by you of any intellectual property or other right of Sofalistic or any other person or entity.
Restrictions on use of the Website and Services
Use of the online quote ‘tool’ on our Website is strictly for the use of private individuals wishing to sell a sofa on their own behalf or on behalf of someone else in respect of whom they are legally authorised to act. It is strictly prohibited to use the valuation tool on our Website and the valuations provided for any business or commercial purposes.
You must not (and you must not allow others to):
- use an automated program (including, without limitation, any web-crawling or screen-scraping software or any equivalent technology or techniques), to view or access the Website or Services for the purpose of collecting, obtaining and/or accumulating (or other similar activity) data or content on our Website;
- attempt to gain unauthorised access to our Website or Services, the server on which our Website or Services is stored or any server, computer or database connected to our Website;
- reproduce, republish, transmit or distribute any content or information on this Website, or that form part of our Services, including as part of any database (electronic or otherwise), without our prior written consent;
- transmit any material designed to interrupt, damage, destroy or limit the functionality of our Website or Services or otherwise interfere with any other user’s enjoyment of our Website or Services;
- use our Website or Services other than for your own domestic personal use and always in accordance with these Terms, any policy or other notice on our Website;
- attempt to copy our data or reverse engineer, disassemble or decompile our processes or any part of the Website or Services;
- use the Website or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by introducing malicious code, including viruses, trojans and worms;
- use our Website or Services in any manner that is illegal, immoral or harmful to us (including to commit or facilitate the commitment of any fraud against us or any Sofa Buyer);
- infringe any rights (including intellectual property rights) belonging to us or any third party in relation to your use of the Website or Services, including not removing or altering any copyright notices that appear on our Website or Services; and
- use this Website or the Services to conduct car valuations for cars you do not own (unless you have received permission to do so from the owner), or submit false personal or contact information in order to obtain pricing data for a sofa or multiple sofas.
We reserve the right, in our sole discretion and without notice to you, to terminate the licences granted to you in these Terms and prevent future access by you of this Website and/or the Services if we have reasonable ground to believe you have breached these Terms.
Our Policy on Criminal Uses of Our Website
You shall not under any circumstances attempt to sell a sofa through our Website which you know, or ought to have known, to have material defects, to be a stolen sofa or (more generally) the proceeds of crime. In addition to our right to prevent your access to the Website and/or Services, we reserve our right, in serious cases, to bring legal proceedings against you for breach of these Terms and/or to refer you to law enforcement authorities where we reasonably believe that you have breached applicable laws.
General
Nothing in these Terms is intended to or shall deprive you of any rights you may be granted under applicable mandatory laws (including mandatory consumer protection laws).
If we do not immediately insist that you do something you are required to under these Terms, or if we delay in taking steps against you in respect of you breaking these Terms, that will not prevent us from taking steps against you at a later date.
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification to or deletion shall not affect the validity and enforceability of the rest of these Terms.
Without prejudice to any other rights or remedies that we may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of these Terms by you. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of these Terms.
We are a business located in the UK and we currently only offer our Services here. These Terms are governed by English law (including non-contractual disputes or claims) and you agree that the English courts shall have non-exclusive jurisdiction over any dispute that may arise between you and us in relation to these Terms.