Terms & conditions
Member delivery promotion
We're offering our US member customers (House & Friends) free large item shipping, from Friday 5 May, valid until midnight on Monday 15 May 2023.
These offers do not apply to orders shipping outside the US.
Soho Home Ltd reserves the right to suspend, cancel or amend the promotion and/ or review and revise these terms and conditions at any time without giving prior notice. By continuing to take part in the promotion subsequent to any revision of these terms and conditions, users shall be deemed to have agreed to any such new or amended terms.
1.1 These terms and conditions (the "Terms") are the terms on which this Website https://www.sohohome.com (the "Website"), our Soho Friends Membership services (the "Soho Friends Membership"), our interior design services ("Interior Design Services"), Gift Card, and the purchase of products or made available for sale on our Website (a "Product"), are made available to You ("You"/"Your"). These Terms also contain very important information regarding Your rights and obligations, as well as conditions, limitations and exclusions that might apply to You. Please read these Terms carefully before using our Website, and print off a copy or save a copy for future reference.
1.2 By using or accessing our Website, using our Interior Design Services or purchasing a Product, Gift Card or a Soho Friends Membership, You agree to be legally bound by these Terms as they apply to Your use of or access to our Website.
1.3 If You do not wish to be bound by these Terms, then please refrain from using our Website. We may also amend these Terms from time to time, so please make sure You have seen the latest version. Where these Terms (or any part of them) have been translated into languages other than English, the English language version takes priority.
1.4 You may access our Website, use our Interior Design Services, purchase a Soho Friends Membership, Gift Card and order Products on or via it if You are a member of Soho House, if You have received an invitation to use our Website, or if You are a member of the public. Any invite to use our Website is personal to the individual to whom it was issued and may not be transferred to, or utilised by, any third party.
1.5 Where You purchase a Product, Your purchase is subject to additional terms and conditions, which will be notified to You when You follow the ordering procedures set out on the relevant order page. Where You purchase a Gift Card, Your purchase is subject to additional terms and conditions, which will be notified to You when You purchase the Gift Card and which are contained on the back of the Gift Card.
1.6 Nothing in these Terms or any statement appearing on our Website affects Your statutory legal rights under applicable law insofar as such rights cannot be lawfully limited or excluded.
1.7 Products: if You are a consumer based in the United States and You purchase Products from us, You return the Products to Us for any reason without penalty up to twenty-eight (28) days following the date of delivery. More information is contained in our Delivery & Returns Policy, which is incorporated into these Terms.
Last updated: 18/02/2021
2. Information About Us
2.1 We are Soho Home, LLC, a company registered in Delaware under registration number 5315557 and Our registered address is 515 West 20th Street, #5W, New York, New York 10011 ("We"/"Us"/"Our").
2.2 If You have any questions, complaints or comments on this Website or the order process, then You may contact Us on [email protected] or by post to Soho Home, 515 West 20th Street, #5W, New York, New York 10011.
3. Buying Products Or A Soho Friends Membership On Our Website
3.1 To order a Product, Gift Card, or to purchase a Soho Friends Membership, You will need to follow the ordering procedures set out on the relevant order page. Risk of loss and title for all items purchased on the Website pass to You upon delivery to the carrier.
3.2 Details of the prices for the Products, Gift Card and the Soho Friends Membership, and the procedures for payment and delivery are displayed on or through Our Website. The price of any Product, Gift Card and Soho Friends Membership is the price in force at the date and time of Your order. The price of any Product, Gift Card and Soho Friends Membership includes VAT, but excludes any delivery charge (which, if applicable, will depend on where You are located. Details of where We deliver are contained in Our Delivery & Returns Policy).
3.3 We may make small changes to the appearance or specification of the Products supplied, Our Gift Card and Our Soho Friends Membership, which do not materially affect their quality or function. Any accidental errors or omissions in any sales literature, quotation, price, acceptance of offer, invoice or other document or information made available by Us or on Our Website may be subject to correction without any liability on Our part. All statements given by Us as to the authenticity, description, age, or condition of Products and Our Gift Card and Soho Friends Membership constitute Our opinion or opinions of the producer only (except that this shall not operate so as to exclude any liability that We cannot exclude under applicable law).
3.4 You undertake that all details You provide to Us for the purpose of purchasing Products, Gift Cards and a Soho Friends Membership are correct, that the credit or debit card, or any electronic cash that You Use is Your own and that there are sufficient funds to cover the cost of any Products, Gift Cards and a Soho Friends Membership (as applicable). We will charge credit or debit cards or PayPal account(s) prior to dispatch of the ordered Soho Friends Membership, Gift Card and Product(s), and may only dispatch the Soho Friends Membership, Gift Card and Product(s) once relevant funds have cleared. We reserve the right to verify credit or debit card details and carry out such other fraud prevention or credit checks as may be appropriate prior to acceptance or dispatch of Your order. We may refuse to complete an order if We have reason to believe that card information or other personal details You give Us are incorrect or have been supplied fraudulently.
3.5. Save in the case of a Soho Friends Membership, discount codes and offers cannot be redeemed on sale or promotional items.
3.6 From time to time, We will make promotional codes/ discounts available (for example Interior Design/ Trade discount). Only one code may be used per transaction. We will alert You to additional specific terms that apply to such promotional codes at the relevant time.*
*Current exclusions include, but are not limited to, Gift Cards, art, vintage, books, Christmas bundles and experiences, alcohol and third-party products listed on Our Website.
3.7 Some Products may be subject to age restrictions, which We will inform You of on the Website or at the time of purchase.
3.8 We warrant that on delivery, the Products shall:
3.8.1 conform in all material respects with their description;
3.8.2 be free from material defects in design, material and workmanship; and
3.8.3 be fit for any purpose held out by Us on Our Website.
3.9 Subject to 3.10 below, if:
3.9.1 You give Us notice in writing within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out at 3.8;
3.9.2 We are given a reasonable opportunity of examining such Products; and
3.9.3 You (if asked to do so by Us) return such Products to Our place of business at Your cost,
We shall, at Our option, repair or replace the defective Products, or refund the price of the defective Products in full.
3.10 We shall not be liable for Products' failure to comply with the warranty set out at 3.8 in any of the following events:
3.10.1 You make any further Use of such Products after giving notice in accordance with 3.9;
3.10.2 the defect arises because You failed to follow Our oral or written instructions as to the storage, commissioning, installation, Use and maintenance of the Products or (if there are none) good trade practice regarding the same;
3.10.3 You alter or repair such Products without Our written consent;
3.10.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
3.10.5 the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
3.11 Except as provided herein, We shall have no liability to You in respect of the Products' failure to comply with the warranty set out at 3.8.
3.13 These Terms shall apply to any repaired or replacement Products supplied by Us.
3.14 You may not use any Cowshed gift vouchers as a form of payment against any Cowshed products on the Soho Home Website.
3.15 You will be charged storage and administration fees should you not be ready to accept your Products within the delivery timeframe shared with you at the time of placing your order. These fees start at $150, but are subject to change - depending on the size of your order and the storage time required - and will be communicated to you by email within five working days of your request. Our Soho Support team will be able to share further information on storage fees on a case-by-case basis.
4. Soho Home Products And Membership
4.1 You must pay for the Products and Your Soho Friends Membership and Gift Card (as applicable) by credit, debit card or by PayPal at the time of the order, at which time You will be notified of the current price (which includes VAT).
4.2 We are entitled to refuse any order placed by You. Your order is accepted only when We confirm acceptance to You by online electronic means ('Confirmation') to the email address You have given Us on ordering. We will use reasonable endeavors to deliver Your order by the date set out in the Confirmation. We may amend any errors in pricing referred to on the Website and We will contact You in writing if this happens.
4.3 Products: To cancel Your order for Products after it has been dispatched to You, You will need to follow the Returns Policy & Procedure. Please note that any Soho Home Products purchased at any third-party store cannot be returned or refunded by Soho Home. To return Your products, please refer directly to the Website of the supplier through which You bought the Products from for their returns policy.
4.6 Limited stock availability, all items sold on a first-come, first-served basis. All products are sold as seen with no returns. Items must be taken at time of purchase, however there will be third-party couriers on site should You wish to arrange delivery (at additional cost).
Soho House members must show their membership card for additional discount, and additional discount does not apply to Staff Managers. Discount does not apply in conjunction with any other offer or promotion.
5. Interior Design Services
5.1. Our services: as part of Our Interior Design Services, subject to the Terms herein, We will provide You with tailored Soho Home Product advice and recommendations for up to three spaces/ rooms within Your home/ property.
If You wish to benefit from Our Interior Design Services, You will receive one design consultation (either in person in one of Our Soho Home stores, online or via the phone) with a member of Our Soho Home interior design team, which shall be between 45 and 60 minutes long to discuss Your project/ space(s). Please note, We are not able to make any in-person visits to Your home/ spaces(s) as part of these Interior Design Services.
During the consultation, Our designer will discuss Your project with You and further define Your brief. As part of Your consultation, We might ask You questions regarding the function of the space(s), existing items/ furniture, and Your style and desired aesthetics for the spaces. To help Us advise You on Your space(s) and in order to get the best out of Your consultation, please email at least three photos of Your space(s) and any room dimensions - length x width x height/ floor plans - to [email protected] at least three days prior to Your consultation date.
Timings - As we will be specifying Products from our current or next season ranges, if you are mid-way through a renovation project/ construction project, we would advise you to contact us approximately five months prior to your project completion date. This is to ensure that the Products we specify for your project are current stock and to allow time for any made-to-order lead times.
Following Your design consultation, Our interior designer will send You a PDF design presentation document, containing inspiration imagery and Soho Home Product recommendations for Your space(s), which will link directly when clicked to the corresponding Product on the Soho Home website. Depending on the size, scope and specific details of Your Interior Design Services project as discussed in Your consultation, Our designer may also send You fabric samples, material samples, Product tearsheets and a sketch floor plan of Your space(s) alongside the design presentation.
The design fee will allow the designer to send up to one round of revisions for the PDF presentation - if the customer requests some amendments to the first presentation.
Once the design has been signed off, the designer will send the customer a wishlist of all the items suggested with current prices listed per item.
If You have any questions about Our Interior Design Services, please contact Us at [email protected] and one of Our team will come back to You.
5.2 Booking Our Interior Design Services: if You wish to make use of Our Interior Design Services, please fill out Your contact details on this form and a member of Our design team will be in touch directly via Your preferred contact method to confirm a time and date that is convenient for Us and You.
5.3 Who can use Our Interior Design Services: if You are a Soho House, Soho Friends or Soho Friends member, You will be able to benefit from a free initial consultation with one of our design team. Following this, if you choose to go ahead with the design services, the fee will be $400 including VAT for up to one room (redeemable against a $4,000 minimum spend) or $650 including VAT for up to three rooms (redeemable against a $6500 minimum spend). Payment for the services must be received prior to the designer commencing with the design project. In order to book the complimentary design consultation, Soho House, Soho Friends and Soho Friends members must show their membership card and/ or provide their membership number to the Soho Home Interior Design Services team as part of the Interior Design Services booking process (for more details, please see section 5.2 of these Terms).
Our Interior Design Services are also available to any other Soho Home customers/ non- Soho House, Soho Friends or Soho Friends members, however the initial design consultation can only be booked after you have paid for the full design service. If You are a Soho Home customer and would like to book a complimentary design consultation, You may do so by becoming a Soho Friends member. For more details on Our Soho Friends membership, please see section 8 of these Terms and sohohome.com.
5.4 Scope of services: Our Interior Design Services only comprise of recommendations, advice and ideas of Soho Home Products for You to purchase based on the space(s) presented to Us. Our Interior Design Services do not cover any other spaces and/ or properties and shall not include, without limitation, any advice, recommendations and/ or ideas in respect of any structural or non-structural alterations, changes to wall finishes, floor finishes, sanitary ware, kitchen units, paint colours or window dressings to any of Your rooms, spaces and/ or Your property.
In order for Us to provide Our Interior Design Services to You, We are relying on You to provide Us with accurate sketches, drawings, room dimensions, floor plans of Your applicable space(s). Any sketches, drawings, room dimensions, floor plans provided by You of these space(s) will be deemed by Us to be accurate in every respect. We do not accept any responsibility or liability for any inaccurate measurements provided by You to Us, or any Products purchased by Us as a result of such inaccurate measurements, including, without limitation, any Products purchased that are not suitable for and/ or that do not fit in Your space(s). It is ultimately the customer's responsibility to ensure any Product purchased as a result of Our recommendation fits in the proposed space(s), and there is clear and sufficient access into the space to allow full delivery of the Products.
Any Products ordered and/ or purchased by You as a result of Our Interior Design Services are subject to these Terms.
5.5 Availability: please note that Our Interior Design Services are subject to availability on a first-come, first-served basis. We will aim to make sure that We keep every appointment booked. However, if for any reason We are unable to keep Our appointment with You or provide You with Our Interior Design Services on Your requested date, We will contact You straight away and make every attempt to find an alternative appointment to suit You.
5.6. Cancellation/ termination: we reserve the right to refuse to provide Interior Design Services to You and/ or to terminate Our Interior Design Services with any Soho House, Soho Friends, Soho Friends member who (a) behaves in an inappropriate, misleading or abusive manner towards any of Our employees or personnel, or (b) continually cancels their appointments with Us without good reason.
5.7 Interior Design Services Intellectual Property Rights: you hereby expressly acknowledge and agree that all intellectual property rights in any documents, plans, drawings, mood boards, materials, sketches and or deliverables produced by Us as part of, or in connection with Our Interior Design Services ("Materials"), shall exclusively belong to and vests absolutely in Us. You shall not under any circumstances copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the Materials, or direct or authorise others to copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the Materials without Our express prior written authorisation.
6. Reselling Of Products
6.1 Please note that all Products, Gift Cards and the Soho Friends Membership available on Our Website are for personal use only as a consumer. You may not advertise, sell or resell any of the Products, Gift Cards or the Soho Friends Membership in connection with a business.
6.2 We reserve the right to cancel or reduce the quantity of any orders where We believe You are breaching any of the above Terms.
7. Modifications To Website/ Product Lines/ Membership
7.1 We reserve the right to alter or suspend any aspect of Our Website or the content or discontinue Product lines or Our Gift Card or Soho Friends Membership available through it, including Your access to it. Unless stated otherwise, any new features including new content, and/ or the sale of new Products and memberships shall be subject to these Terms.
7.2 While We will endeavor to make sure Products are in stock, all advertised Products are made available for purchase subject to availability and We cannot be liable if a particular Product is not available. We will endeavor to inform You by email if any Product You have ordered is no longer available and refund any money You have previously paid.
8. Soho Friends Membership
8.1. Membership benefits:
If You purchase a Soho Friends Membership, subject to these Terms, You will:
- Be able to buy Our Products at a discount of 15% off the full retail price; (the "Members' Price").
- Receive an extra 20% off the sale price of any sale Products.
- If You are a US customer, receive discounted delivery on all items (excluding 3rd party items for other brands which are sold via www.sohohome.com, or in one of our Soho Home stores) to US mainland delivery locations.
- Receive early access to seasonal sales.
Please note that Your Soho Friends Membership discounts have no cash value and cannot be redeemed, paid out, or claimed in any way other than as set out in these Terms. It does not impose an obligation on Us to fulfil or accept orders and cannot be separated from the Soho Friends Membership in any way. Please also note that the free delivery benefit of the Soho Friends Membership does not apply to any deliveries outside of mainland US locations.
8.2 Price: Our Soho Friends Membership is a 12-month annual membership of USD $130. Your payment method will be charged the full amount for that year's Soho Friends Membership when You purchase it. After the first year, Your Soho Friends Membership will automatically expire. Your Soho Friends Membership can be cancelled at any time. For further information about cancellation, please see section 7.4 "Cancelling Your Soho Friends Membership" below.
8.3 How to buy a Soho Friends Membership: if You wish to buy a Soho Friends Membership, it can be purchased at the Website checkout like any other Product by clicking on the "Add Soho Friends Membership to basket option" on the Products page, or adding the Soho Friends Membership to Your basket at checkout. The Soho Friends Membership will be added to Your checkout and, once purchased, You will automatically become a Soho Friends member.
8.4 Canceling Your Soho Friends Membership: You may cancel Your Soho Friends Membership at any time by contacting [email protected]. You acknowledge that if You cancel Your Soho Friends Membership, You are not entitled to a refund and any refund which may be offered is at the sole discretion of Soho Home.
8.5 Rejoining following cancelation: if You wish to purchase a new Soho Friends Membership following cancelation, this is at Our sole discretion. Please be aware that unless otherwise agreed, You will have to pay the full price for purchasing a new Soho Friends Membership.
Where it is necessary to change Your terms of Soho Friends Membership, We shall notify You by email. If such change materially alters Your position as a consumer, We shall give You the option to cancel Your Membership and receive a pro-rota refund for the time remaining on Your Membership.
9. Trade And Business Customers
If You are a designer/ specifier, You can apply to join Our trade program by filling out the online form here. Your application will be reviewed by a member of Our team and, if successful, You will be contacted by Your preferred contact method. If accepted onto the program, You will receive Our 20% off trade rate (automatically applied at the checkout stage of purchase), in-depth product knowledge, stock checks, product previews, material sampling, advice on delivery. Trade discount cannot be combined with any other discount or promotion and is not applicable on sale items. The discount cannot be applied against Gift Cards, vintage, art or third-party product on the Soho Home Website.
5.9 Business to business services: if You are a business looking to purchase Soho Home Product for within Your business premises, You may contact one of Our team members directly by filling out the online form here. You will then be contacted by Your preferred contact method to discuss Your project requirements further.
10. Information You Provide
You authorise Us to use, store or otherwise process any personal information that relates to and identifies You, including, but not limited to, Your name and address, to the extent reasonably necessary to provide the services which are available through Our Website by Us or Our sub-contractors. If You obtain or choose to buy Products through Our Website, then We may collect information about Your buying behavior. And if You send Us personal correspondence such as emails or letters, then We may collect this information into a file specific to You. All such information collected by Us shall be referred to in these Terms as "Personal Information";
You must ensure that the Personal Information You provide is accurate and complete, and that all ordering or registration details (where applicable) contain Your correct name, address, and other requested details.
10.2 If You would like to review or modify any part of Your Personal Information, You should email Us at [email protected]
You are solely responsible in all respects for all Use of and for protecting the confidentiality of any username and password that may be given to You or selected by You for use on Our Website. You may not share these with or transfer them to any third parties. You must notify Us immediately of any unauthorised use of them or any other breach of security regarding Our Website that comes to Your attention. We have the right to suspend Your account or to disable any username or password at any time if We believe You have failed to comply with these Terms, or for security and maintenance reasons.
12. Applicability Of Online Materials
We make no representations that the materials on Our Website are appropriate or available for use in locations outside the US. You accept that if You live outside the US, You must satisfy yourself that You are lawfully able to access and/ or purchase Our Products.
13.1 Your use of Our Website and its contents grants no rights to You in relation to Our intellectual property rights including, without limitation, trademarks or right to any designs, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in relation to content appearing on Our Website. All content included on Our Website, such as text, graphics, logos, buttons, icons, images, audio clips, digital downloads, data compilations and software, is Our property or Our content suppliers, and protected by United States and international copyright laws. The compilation of all content on Our Website is Our exclusive property, and protected by United States and international copyright laws. All software used on Our Website is Our property or Our software suppliers, and protected by United States and international copyright laws.
13.2 You may not copy, reproduce, republish, download, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the content or materials on the Website other than for Your own personal use.
13.3 Any Use other than that permitted above may only be undertaken with Our prior express authorisation.
13.4 By submitting information, text, photos, graphics or other content to Us via Our Website, You grant Us a right to use such materials at Our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from Our Website.
14.1 You may establish links to the Website provided:
- You link only to the home page of the Website;
- You do not remove or obscure advertisements, the copyright notice or other notices on the Website;
- You give Us notice of such links by sending an email message to Us at [email protected]; and
You immediately stop providing links to the Website if notified by Us.
14.2 We make no representations whatsoever about any other websites that You may access through Our Website or that may link to Our Website. These links are provided for Your ease of reference and convenience only. When You access any other website, it is independent from Us. We have no control over the content or availability of that website. In addition, a link to any other site does not mean that We endorse or accept any responsibility for the content, or the use of such a Website, and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. You agree that You will not involve Us in any dispute between You and the third party. Any concerns regarding any external link should be directed to its website administrator or web master.
- measure the number of visitors to Our Website;
- see how visitors navigate Our Website and to see which resources they access;
- see what visitors' buying behaviors are to allow Us to see the latest buying trends; and
- see information about visitors' internet connections and the equipment used to access Our Website.
14.3.2 We use this information to help Us to improve the content of Our Website or to improve the matching of Your interests or preferences.
14.3.3 The information We collect using cookies does not identify You personally. For example, it does not identify Your email address. It may include the IP address and/ or the domain name of the computer You use. You should be aware that this information might therefore also identify (i) the company You work for (if You access Our Website from Your place of work), or (ii) Your Internet Service Provider. It may also identify information about Your computer - for example, Your operating system and browser type.
14.3.4 If You access Our Website by way of a hardware firewall, a proxy server or any other kind of router (such as a dial-up modem connection at Your ISP), then it is the address of the router that will appear in Our logs and not the address of Your computer.
14.3.5 If You do not want a cookie to be stored in Your computer, most Internet browsers have functions to erase cookies from the computer's hard drive or, to block all cookies, or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie. If You refuse to accept cookies, You may be unable to access certain parts of Our Website.
14.3.6 For more information on cookies, please see the ICO website at http://www.ico.org.uk.
15. Your Use Of The Website
15.1 You agree that in using Our Website, You will not:
- use Our Website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
- use Our Website in any way that interrupts, damages, impairs or renders the website less efficient;
- use Our Website for any purpose other than Your personal use;
- email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful, or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- advertise or promote third-party or Your own products or services, including by way of the distribution of 'spam' email;
- transfer files that contain viruses, trojans or other harmful programs; or
- access or attempt to access the accounts of other users, or to penetrate or attempt to penetrate Our Website security measures.
15.2 We reserve the right to suspend, restrict or terminate Your access to Our Website at any time without notice at Our discretion if We have reasonable grounds to believe You have breached any of the restrictions above.
15.3 You confirm that:
- You will comply with the restrictions on Your use of the Website as set out in these Terms; and
- in relation to any material submitted to or posted on the Website, You have the right to do so and have obtained all necessary licences and or approvals.
16. Availability Of Our Website And Website Content
16.1 We will try to make Our Website available, but cannot guarantee that Our Website will operate continuously or without interruptions or be error-free, and can accept no liability for its unavailability.
16.2 Access to Our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons reasonably beyond Our control.
16.3 Unless We state otherwise, all content published on the Website is presented solely for Your private, personal and non-commercial use. While We do always try to ensure that the Website is accurate and up to date, We make no representations, warranties or guarantees, whether express or implied, that the content on Our Website is accurate, complete or up to date. We cannot accept any liability or responsibility for any loss that may arise from reliance on material on the Website, whether it is Our material or material posted by a third party (e.g. reviews, testimonials and comments).
16.4 When Using the Website on Your mobile, laptop or desktop device ("Device"), You acknowledge and agree that You are responsible for (i) maintaining continuous internet access for Your Device through a Wi-Fi or LTE data communication network and (ii) any internet connection and telecommunications fees and charges that You incur. We are not responsible for the operation of Your Device. You are responsible for ensuring the system functions of Your Device are in working order when accessing the Website, including, but not limited to, screen display operation features of Your Device.
17.1 To the maximum extent legally permitted, Our liability (whether for negligence, breach of contract, misrepresentation (except, if fraudulent) or otherwise) shall be limited in aggregate to the net payment to Us from You for the Product concerned, and in respect of any single occurrence or series of occurrences We shall not under any circumstances be liable for:
17.1.1 incidental, indirect, or consequential damages; or
17.1.2 loss of income, revenue, business, contracts, data, goodwill or savings.
17.2 Nothing in these Terms shall exclude or limit Our liability for fraud or fraudulent misrepresentation or for death or personal injury resulting from Our negligence or the negligence by Our employees or authorised representatives, or any other liability that cannot be legally excluded.
17.3 All content and services on Our Website are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty (whether express or implied) in respect of Our Website or its content, including, without limitation, any advice given (on a personal or general basis), and statements made by advertisers on or via the Website. Nothing in these Terms shall restrict Your statutory rights (including Your rights to receive a reasonable standard of service).
17.4 We do not accept liability for damage to Your computer system or loss of data that results from Your use of the Website. We do not guarantee or warrant that any material available for downloading from Our Website will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy Your particular requirements for the accuracy of data input and output. You are responsible for ensuring that Your computer system meets all relevant technical specifications necessary to use Our Website and is compatible with Our Website.
To the fullest extent permitted under applicable law, We may alter these Terms from time to time and post the new version on Our Website, following which all use of Our Website will be governed by that version. You will be deemed to have accepted any such changes by Your use of Our Website from such time. You must check the terms and conditions on Our Website regularly.
If any provision of these Terms is found by a court or regulator to be illegal, unlawful, invalid or unenforceable, the other provisions shall continue to apply.
In the event of any dispute between You and Us concerning these Terms, New York State law will apply. If You wish to take court proceedings against Us, You must do so in the New York courts in the United States.
18.4 Causes beyond control
If Our supply of a Soho Friends Membership, Gift Card or Products is delayed by an event outside Our reasonable control (an "Extraordinary Event"), then We will contact You as soon as reasonably possible to let You know. And We will, where reasonably possible, take steps to minimise the delay. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms, including any contract between You and Us concluded under these Terms, including, but not limited to, a contract for the sale of Products, Gift Cards and/ or a Soho Friends Membership to You, that is caused by an Extraordinary Event. An Extraordinary Event shall include, without limitation, the following: strikes, lock-outs or other industrial action; 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, pandemic, epidemic or other natural disaster or other calamity affecting the health of some or all of the general public; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport and major disruption at ports, airports and borders; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract We have with You is deemed to be suspended for the period that the Extraordinary Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavors to bring the Extraordinary Event to a close, or to find a solution to allow Us to perform Our obligations under any contract with You performed despite the Extraordinary Event. If there is a risk of substantial delay caused by the Extraordinary Event (a delay of more than 60 days), You may contact Us at [email protected] to end the contract and receive a refund for any Soho Friends Membership, Gift Card or Products You have paid for but not received.
18.5 No waiver
If You breach these Terms and We take no action against You, We will still be entitled to enforce Our rights and remedies in any other situation where You breach these Terms.
All notices shall be given:
- to Us via email at [email protected]; or
- to You at either the email or postal address You provide during any ordering process
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three days after the date of posting.
These Terms replace all other terms and conditions previously applicable to the use of Our Website, and You acknowledge that these Terms supersede and cancel all previous contracts, agreements and arrangements, whether oral or written, express or implied with You. These Terms prevail over any other terms or conditions of sale or purchase contained in or referred to elsewhere or implied by trade, custom or course of dealing.