TERMS AND CONDITIONS

1. Terms of use

1.1 These terms and conditions of use (Terms) explain how you may use this website and any of its content (Site). These Terms apply between ROCKSTAR FURNITURE LIMITED trading as SUPERBA (we, us or our) and you, the person accessing or using the Site (you or your).

1.2 We operate the website https://www.superbaliving.com (Site), the mobile application “SUPERBA Living” (The App), as well as any other related products and services that refer or link to these legal terms (Terms) (Collectively, the “Services”)

1.3 These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’), and ROCKSTAR FURNITURE LIMITED trading as SUPERBA, concerning your access to and use of the Services. You agree by accessing the Services you have read, understood, and agreed to be bound by all these legal terms.

1.4 You should read these Terms carefully before using the Services. By using the Services or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Services immediately.

 

2. About us

2.1 We are ROCKSTAR FURNITURE LIMITED, trading as SUPERBA, incorporated, and registered in England and Wales with company number 13300148, of 15 Drewett Street, Manchester, M40 8EQ. Our VAT number is 376101316.

2.2 We are Retail of designer sofas, loungewear and other lifestyle goods and products, designed in Italy and manufactured in the EU for sale in the UK.

2.3 If you have any questions about the Site, please contact us by:

2.3.1 sending an email to hello@superbaliving.com

2.3.2 by post to 15 Drewett Street, Manchester, M40 8EQ.

2.3.3 calling us on 03330147883.

2.4 We will provide you with prior notice of any scheduled changes to the Services you are using. The modified legal terms will become effective upon posting or notifying you by admin@superbaliving.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

2.5 The Services are intended for users who are 18 years and over, persons under 18 are not permitted to register for or use the Services.

2.6 We recommend you print off a copy of the legal terms for your records.

 

3. Definitions

‘Consumer rights’ – your rights as explained in the Consumer Rights Act 2015 and the Contracts Regulations 2013.

‘Express Delivery’ – Products within our collection that have been manufactured as stock, and readily available for delivery immediately as set out on our website at the time of purchase.

‘Force Majeure Event’ - an event, circumstance or cause beyond a party's reasonable control.

‘Lifetime’ – Pertaining to our lifetime guarantee on frames for as long as you the original purchaser who owns and possesses the product. The lifetime guarantee is not transferrable upon resale or gifting of the product to a third party.

‘MTO’ – made to order Products within our range which are manufactured according to pre-defined specifications as stated on the website. This product is manufactured based on your choices available on our website, within an approximate lead time given at point of order.

Order – the Customer's order for any of our products.

‘Order Confirmation/ Sales Order– the binding contract between ROCKSTAR FURNITURE LIMITED and the customer. The order confirmation will be sent by email upon successful payment and acceptance of the order from our Services.

‘Products’ – sofas, armchairs, footstools, loungewear or any other lifestyle products that We sell.

‘Successful Delivery’ – A delivery received by You to the address set out in the Order Confirmation.

‘Swatch’ – A small fabric sample available to order free of charge on our website.

‘UK mainland’ – this is the main island of Britain excluding Northern Ireland and any other islands geographically separate from the mainland.

‘Us’, ‘Our’, ‘We’ – ROCKSTAR FURMITURE trading as SUPERBA, incorporated and registered in England and Wales with company number 13300148, of 15 Drewett Street, Manchester, M40 8EQ.

‘Website’ – www.superbaliving.com and associated pages.

‘White glove’ – when the delivery takes place to a room of your choice and is unpacked, assembled (with the addition of the feet attached) and the packaging taken away.

‘You’ – The customer, including the person or firm who purchases Goods from the Us.

 

4. Ordering and Delivery

4.1 When You place an order for any of our Services, please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.

4.2 All 'Express Delivery" orders must be paid for in full at checkout. a non-refundable 25% deposit or full payment, will be taken on MTO.

4.3 Upon completion of your order, we will be advised of the earliest delivery date.

4.4 When you place your order, you will receive an Order Confirmation by email upon successful payment and acceptance of the order.

4.5 Subject to availability and unless there are any exceptional circumstances, to qualify for express delivery and next day delivery your ordered products must be in stock, and your order must be placed before 11am the previous day. All other orders will be given an approximate delivery date.

4.6 You must be available to receive your order at the scheduled date and time detailed in your Order Confirmation. Failure to receive your order or missed deliveries will result in a restocking charge of £250 and a redelivery charge where applicable. Changes or cancellation requests to your delivery date/time must be made by 12pm on the working day before the proposed delivery date. Failure to do so will result in you being charged for re-delivery or the delivery charge being deducted from any refund if you cancel your order.

4.6 Free delivery service applies to all customers in the UK mainland.

4.7 Our delivery team of two (2) persons will offer you the option of room of choice and the option to remove all packaging for recycling as well as setting up the sofa in your room of choice.

4.8 We offer a free returns policy within the UK mainland subject to conditions and exclusions.

4.9 Orders for customers in Channel Islands, Isle of Wight, and Scottish Islands, are priced on application. Please email our dedicated team at customerservices@superbaliving.com to quote you a delivery charge and to complete your order. Unfortunately, these areas are excluded from any free delivery promotion. Lead-times may change according to these locations.

4.10 For all other and overseas requests, SUPERBA, in partnership with our logistics company will deliver to your choice of address in mainland UK, in which You, the Customer, agree to take responsibility of its onward delivery to your chosen destination by your choice of third-party service provider.

 4.11 You, the Customer, also agree to take responsibility for any orders delivered and held in storage at your discretion. SUPERBA do not take responsibility for any damage or losses made by any 3rd party provider, beyond any delivery that we have made.

4.12 Please note that our delivery and returns policies differ according to whether you are resident in the UK Mainland, non-UK Mainland or outside the UK.

4.13 SUPERBA or any delivery partners do not accept any responsibility for damage caused to your property whilst delivering. Please ensure the route to the room of choice is accessible and clear of any obstacles or items that may get broken.

4.14 SUPERBA offers additional delivery options with our two man white glove delivery service that are not free of charge. these options are available but at a surcharge: Weekend delivery - £50; Guaranteed am/pm or evening delivery - £50. These options are subject to postcode and non refundable. 

5. Returns

5.1 We offer a hassle free 30 day no quibble exchange policy on all orders subject to conditions.

5.2 All returned sofas must be packaged in their original packaging or similar standard of packaging and be in showroom condition. Photographs maybe requested and submitted to us prior to accepting your return.

5.3 All orders must be returned undamaged and in their original packaging. If the original packaging is not available then the items must be packaged to the same standard. If they are not and are damaged in transit then you, the customer, will be liable. 

5.4 Return orders will be inspected by our quality team and any damage or excessive wear will render the free return policy invalid. The refund value will then reflect the extent of the damage and an appropriate sum will be deducted from the refund to cover the cost of the damage. 

5.5 Additional charges will be made if any returns sofas are found to have been damaged or misused in any way. A restocking charge (minimum £250, thereafter 25% of sale value) may apply in certain circumstances. 

 

6. Products 

6.1 All of our sofas are designed in Italy and manufactured in the EU and are sold exclusively by us.

6.2. We offer Products in two different ranges: Made-to-Order and Express Delivery (in stock items).

6.3. All products are subject to availability. All materials for Made-to-Order are purchased according to your choice. Stock availability where applicable provided on our website is an estimate and cannot be guaranteed.

6.4. Our Products are intended solely for domestic use in the UK, and we give no guarantees or undertakings in respect of the use of our products for commercial or contract purposes. By agreeing to these Terms and Conditions, you agree that we are in no way responsible for any non-domestic or commercial use of our products and that you have no rights to cancel this purchase if you are purchasing the product in a business capacity.

6.5. Due to the handmade and batch manufacture process, there may be differences between samples, swatches, and manufacture - these are normal and should not be considered a design fault. With the effect that no two products are identical, and no product may exactly match any sample, including variations to products sampled on our website, in our showrooms or in other media.

6.6. We offer the made-to-order product as specified on our website at any given time. We do not offer changes to any measurements or variations outside of our specifications. Express delivery only applies to in-stock items. If you desire items out of stock or in a different fabric, we can accommodate your request, but please be aware that the lead time may extend up to or beyond 8 weeks.

6.7. All our products are handcrafted; therefore, you should allow +/- 3cm tolerance on measurements provided in the product specifications.

6.8. It is your sole responsibility to choose the colour and quality of the fabrics for your order that is suitable for your intended use of those Products, and to take all appropriate measurements in your property to ensure that the dimensions of those Products are suitable for your intended use of them.

6.9. All descriptions of Products are correct at the time of publication. We continually strive to improve our product range and reserve the right to amend the specification of Products without prior notice for future sales.

6.10. Occasionally we experience difficulties in supplying certain Products and fabrics and we may need to substitute them with alternatives of equal or better standard and value. We will contact you to let you know if we intend to do this and your order will be put on hold pending your acceptance of the change; an appropriate substitute may not always be possible. If you do not accept a substitute that is materially different from the Product that you originally ordered, we will cancel your order for the relevant Product and provide you with a full refund.

 

7. Fabrics and Feet

7.1. Fabric batches may vary and there can be slight variations between batches especially with natural fabrics. The most common variation is that of colour – although the actual variation is often almost negligible or very slight. Some fabrics are more susceptible to this than others.

7.2. Whilst we guarantee to make all items in your order from the same batch, we cannot guarantee that subsequent orders will match your original order.

7.3. We accept no responsibility for fading or discolouration caused by exposure to direct or indirect sunlight. Sunlight affects different fabrics in different ways, but sunlight, whether direct or indirect, will nevertheless always affect fabric colour. Darker fabrics, because they have further to fall, are likely to discolour and fade more. Different fabrics, dark or light are liable to fade or discolour at different rates.

7.4. We recommend that all upholstery is cleaned in situ by a professional upholstery cleaning specialist every eighteen (18) to twenty-four (24) months depending on use. We accept no responsibility for any cleaning outside of pre-advised methods. Should you proceed with a professional upholstery cleaning company and require further information on your fabric type, composition, and construction to avoid incorrect care please contact us. For more information, you should contact our customer care team on 03330147883 or customerservice@superbaliving.com.

7.5. Natural fabrics such as linen and leather are made from natural materials and accordingly, they may not be uniform in colour or/and texture. Due to the nature of the fabric, it is part of the fabrics characteristic to show bruising with handling and use. Other compositions such as wool may also be susceptible to pilling with general wear. It is your responsibility to understand the characteristics of the fabric you are selecting; however, we are here to help. Swatches are also available to order free of charge from our website.

7.6. Wooden legs are a natural material; therefore, grain or/and colour may vary slightly from any depictions shown on the website and in-store.

 

8. Guarantees

8.1 We offer a lifetime guarantee on our frames of our sofas (specifically the sofas kept under normal domestic household use, for the guarantee period).

8.2.1. You may only claim, under this guarantee, if all the following apply:

(a) You were the original purchaser of the product from us.

(b) You are an individual who purchased directly with us for domestic household use only.

(c) You can provide proof of the purchase contract between you and us; and

(d) You were resident in the United Kingdom at the time of purchase and are resident in the United Kingdom at the time of claim. Where products are covered by our lifetime guarantee, SUPERBA offer a repair service or a replacement at our discretion. If a suitable replacement is not available, you will be offered a refund. This is in accordance with your consumer rights 2015.

8.2.2. This guarantee does not cover the following or anything arising from or caused by the following:

(a) Damage, wear and tear or other external causes, including, without limitation, overloading the product, unreasonable exposure to extreme temperatures.

(b) Failure to take reasonable care of the product or misuse.

(c) Product tampering including but not limited to removing feet and not replacing them.

(d) The cracking of wood due to extreme changes in room humidity or direct heat source (such as air conditioning and radiators). Guarantees apply to contracts made with Rockstar Furniture Limited only.

 

9. Pricing

9.1. You agree to pay the price of the product specified on our website and where applicable delivery charges and any other charges stated on your order per contract terms. Prices given include value-added tax (VAT) at the given rate of 20%.

9.2. We reserve the right to amend our prices at any given time which includes, but is not limited to, occasional errors with pricing stated on our website or by a member of our team. We endeavour to correct any errors as soon as possible. If the product’s price is higher than the price stated on our website, we will at our discretion, request you pay the full price for the product or allow you to amend your order to a fabric of the same price (where available) or reserve the right to cancel the order.

9.3. Delivery charges apply to the value of £0 unless stated otherwise. This charge may vary according to size of basket, item, and location however will be available in advance of you placing your order.

9.4.  Any promotional code offers are strictly to be used for new Product orders.

9.5. Discount and promotional codes cannot be stacked; however, the greater discount will apply. Only one offer valid at any given time unless otherwise stated.

 

10. Promotions

10.1. All discount codes are applied to the value of the order, excluding delivery costs (unless otherwise stated) and are subject to our general Terms and Conditions. The discount code must be entered into the Voucher Code field on the basket page and applied for the discount to be deducted from the order. Code expiry dates will be communicated when issued (for example, printed on the source material – advert / insert – or on email). Unless stated, discounts cannot be combined and only one offer can be applied to any order. Items already discounted on site such as our Outlet, displaying a 'Was' and 'Now' price are also excluded from discount codes.

10.2. We reserve the right to amend these T&Cs at any time and to withdraw any offer at any time.

 

11. Payments

11.1. Unless otherwise stated in the contract terms, payment is required in full at the point of sale , before your order can be accepted, either by Credit/Debit or split payments using our finance partners. Only when we have confirmation that your payment has been received, can we accept your order and send the Order Confirmation. Lead-times will commence from this point only. MTO orders require a 25% non refundable deposit at the point of ordering with the balance being paid in full before the items can be delivered.

11.2. We may introduce further finance options at any given time without prior notice.

11.3. We accept payments by Credit/Debit with Visa, MasterCard, Maestro and American Express (Amex). Transactions are securely processed by our payment portal. You authorise us to take payment from any card or other payment service for which you provide details at the point of sale, whether the order has been accepted by us and a contract formed. If your payment cannot be collected or is not authorised by your card or payment services provider for any reason, we will notify you. Any additional charges incurred via your chosen method of payment to our payment partners are entirely your responsibility.

 

12. Your Order

12.1. You must be 18 years old or over to order from us.

12.2. A contract is formed between ROCKSTAR FURNITURE LIMITED and You once you receive your Order Confirmation and Invoice from Us via email which acts as acceptance of your order. You, the Customer are responsible for checking your Order Confirmation to ensure information is correct. We reserve the right to decline and cancel your order.

12.3. At no point is ROCKSTAR FURNITURE LIMITED liable for any form of compensation. We have a duty to provide you with the goods that you have purchased which are fit for purpose. Whilst we are obliged to fix any item that we are liable for, we are not obligated to provide any form of compensation.

 

13. Amendments

13.1. Due to the Bespoke Made-to-Order nature of some of our products, SUPERBA do not accept any cancellations for purchases made online.

13.2. Should you wish to amend your order before delivery, you must do this within 7 days of placing your order. You should contact our customer service team on 03330147883 or customerservice@superbaliving.com. Amendments are not accepted after the 7 days.

13.3. If you purchased your order using one of our finance partners, have completed your application, and wish to make a cancellation then we will need to cancel your plan and your deposit will be refunded via the same method you used to make the deposit payment. If you wish to amend your order and you wish to make the amendment or exchange order having paid with our Klarna finance plan, the balance will be transferred to the new order. We will advise any refunds or additional monies due.

13.4. Where you have purchased services or third-party warranties and wish to cancel, we will refund the total paid price. This is in accordance with your consumer rights.

13.5. In the event where we authorise a refund, refunds will only be made to the payment card or method used for the original transaction, this is to comply with Money Laundering Regulations.

 

14. Deliveries

14.1. Our standard delivery charge is free for orders covering the UK mainland only. Exclusions apply, see regions covered within our website.

14.2. Lead-times provided on our website and by our team are estimates and cannot be guaranteed. We deliver through a regular entrance and to the second floor (specifically no more than two flights of stairs), we cannot deliver sofas through windows or balconies. Please discuss any access constraints with a team member.

14.3. We are unable to store any order once the items production has been completed. If your item(s) have been produced in accordance with your lead-time and you will not accept the delivery dates proposed, we will deliver to an off-site location where liability will be passed over to you, the Customer. Otherwise, a Storage Fee will apply at £50 per seat, per week.

14.4. We are not able to deliver your order in instalments unless explicitly agreed upon at our discretion. This will not affect your consumer rights.

14.5. It is recommended to accept the first delivery date given. If you do not accept the first delivery date, your items will then be subject to re-routings which could take an additional 14 days to schedule.

14.6. We deliver to the address and contact information stated on your order. If you need to change your delivery address, we will not be able to guarantee the same delivery date and time. We deliver to mainland UK only, with limitations on some areas of the UK, see regions covered on our website. We reserve the right to amend our delivery service at any time. Responsibility with us ends when delivery to the chosen shipper is successfully made.

14.7. For orders delivering outside of mainland UK, you will be responsible for taxes payable to the UK government. In addition to delivery charges for export duties, taxes and customs fees upon import are your responsibility. You are entirely responsible for arranging all paperwork to export your order. We will make good our promise to deliver to a shipper of your choice within mainland UK. We are not responsible to repair any damages sustained during the delivery process. The lifetime guarantee is not applicable if your order is exported outside of the UK.

14.8. We use our own dedicated team and fleet or delivery partner to deliver your chosen goods with a white glove service. Products are delivered to your room of choice, packaging unwrapped, feet fitted, assembled (if required), and packaging taken away. SUPERBA recommend that you check each item on delivery, even if you re-package the items in the presence of the delivery team to ensure that you are satisfied with your Product(s).

14.9. Our delivery team operates Monday to Friday, between 7am – 7pm. Delivery options are available at an additional cost. Weekend delivery slots are available at an additional cost (£50). AM/PM slots are also available at an additional cost (£50). You will need to make yourself available for delivery at the end of your lead-time to accept the delivery slot. You should endeavour to accept the first delivery slot provided, otherwise we cannot guarantee an alternative delivery slot until your order is re-planned in-line with other routings. We will use reasonable efforts to deliver the products, provide the services and procure the third-party warranties, by the delivery date and/or within the delivery timescales stated in your order. If your lead-time moves, we will contact you and advise your options.

14.10. For agreements made outside of these Delivery terms, further charges could apply depending on the delivery location and any special requirements and will be priced upon application.

14.11. Delivery times may be extended for Made-to-Order Products. In all cases we will provide you with an approximate delivery estimate at the time you place your order, and we shall provide you with a delivery date and window closer to the date of delivery.

14.12. At times, SUPERBA may need to move your delivery date. You shall be notified in advance of your delivery.

14.13. If you cancel your delivery after 12pm one working day before the scheduled delivery time or fail to be present at your property or fail to accept delivery on the dedicated delivery date or we are unable to deliver due to access issues, a non-refundable delivery fee will be charged before we reschedule an alternative delivery. Charges will depend on postcode. 

14.14. In the event that we are unable to complete a delivery because of access constraints where reasonable efforts have been made to successfully deliver your order, such as clear access (including but not limited to things such as radiators and lighting), we will endeavour to deliver to another on-location suitable place such as (but not limited to) a different room/garage. If this cannot be achieved and it results in a cancellation, you will be charged a re-stocking fee of 15% of the order value.

14.15. We shall not have any liability to you for any delivery failures or delays that are caused by anything beyond our reasonable control. This includes but is not limited to; any raw material shortages or delays including fabric, components, and interiors.

14.16. To avoid any damage to your property or any items therein during delivery, it is your responsibility to ensure clear access to the relevant room(s) in advance of delivery, including keeping children and pets out of harm’s way, removing any precious items, and protecting floors as necessary.

14.17. SUPERBA or any of our delivery partners are not liable for any damage to items or property that may occur during the delivery process.

14.18. If you request that we leave the items wrapped, then we cannot be held responsible for any damages reported which were not marked on the delivery note at the time of delivery. Upon delivery, you should check and inspect that you have received all Products on your order. Any missing Products, damage or faults need to be reported to our Delivery Team in the first instance. You should inform us within 48 hours if you thereon notice anything is missing, not as ordered, damaged, or faulty by calling our 03330147883, or by email at customerservice@superbaliving.com. We may require proof of damage from you by way of a photograph, to help us assess the damage and facilitate a repair, or in the case of inability to repair a replacement or refund upon the authorised return of the product to SUPERBA. If you fail to provide such proof, this will not affect your consumer rights. If you fail to inspect your goods upon delivery and later find damage, we cannot be held responsible for such damage.

14.19. In the event you notice a fault with any of the Products on your order within the first 6 months of successful delivery, we will make good efforts to repair your faulty goods. In case of failure to repair, at our discretion, will offer a replacement, as per your rights explained in the Consumer Rights Act 2015 and the Sale of Goods Act 1979.

14.20. To handle your case quickly, please contact us on 03330147883. You will need to provide proof of purchase. These terms will not be applicable if your order is exported outside of the UK. A visit will be scheduled and a repair free of charge will be provided if SUPERBA  is liable. If you fail to attend your appointment and do not notify us, a call-out fee of £200 will apply. Clause 14.19 becomes invalid if the items have not been opened and successfully assembled by our Delivery Team as described in clause 14.18 of Deliveries.

14.21. The Products will be at your risk from the time of successful delivery was made whether by our own dedicated Delivery Team or by using a third-party courier service to the United Kingdom address which we specify in our Order Confirmation to you, or the alternative address you have provided before delivery, or in the event of your own collection/delivery to us from the time your courier has the Product(s) in their possession. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges (if any).

14.22. We allow amendments to your order within 7 days of the order being placed unless the items are 'Express Delivery'. 

 

15. Spare Parts

15.1 Spare parts can be ordered at an additional charge. Please note that these parts are not stocked, and delivery will be subject to the spare parts arriving. SUPERBA offers spare parts and their installation. We will provide a quote for the fees for both the parts and their installation independently upon request.

 

16. Events Outside Our Control

16.1. Whilst we endeavour to meet the original approximate delivery date advised at the time of purchase, on occasions the manufacture or delivery of your products may be delayed due to circumstances beyond our control, including but not limited to a Force Majeure Event. We are not liable for any delay or failure to deliver or supply any products, services, or third-party warranties if this delay or failure is due to events beyond our reasonable control. We will make reasonable effort to notify you of any delays or failure to supply any products, services, or third-party warranties by email or over the phone. If the period of delay or non-performance continues for four (4) weeks the party not affected may terminate the Contract by giving seven (7) days written notice to the affected party.

16.2. Neither party shall be in breach of the Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from a Force Majeure Event. The time for performance of such obligations shall be extended accordingly.

 

17. Website

17.1. We endeavour to display the colours of our Products as accurately as possible on our website. However, we cannot guarantee that your monitor will accurately reflect the colour of the Product delivered. We recommend requesting a sample of your chosen fabric prior to confirming your order. Product renders showing a configured product in your selected fabric are for visualisation purposes only. Online purchases and orders made via our website which are of the “Bespoke Made-to-Order” nature cannot be cancelled once confirmed.

 

18. Consumer Rights

18.1. Where you are a consumer and you have purchased either online, over the phone or by email order, you have the right to cancel the contract for any products or services without giving any reason within 14 days, under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013. This right does not extend to Products of “Bespoke Made-to-Order” nature. If you have purchased in-store, the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 do not apply to your transaction and you will be governed by the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2015. However, regardless of how you make your purchase, your purchase is protected by the Consumer Rights Act 2015. This right is in addition to your statutory rights for defective products as summarised in the Sale of Goods Act 1979.

 

19. No Liability for Losses and Unforeseeable Losses

19.1. We shall not be held liable for any consequential or indirect damages, including but not limited to the loss of profits or other business losses. Our liability is limited to losses that were foreseeable at the time the contract was established. Furthermore, we are not responsible for losses resulting from your breach of the contract or losses that were not caused by any breach, negligent act, or unlawful omission on our part. This limitation of liability is intended to protect the seller from unforeseen and indirect consequences. Importantly, this liability exclusion extends both under the contract and in cases of negligence.

19.2. We are not accountable for damages incurred by third parties, including but not limited to those arising from delivery-related issues.

19.3. In the event that our product or service causes any liability, and this liability is determined to be solely attributable to us (excluding liabilities caused by third parties), our total liability shall be limited to the amount paid by the customer for the specific product or service that gave rise to the liability. This limitation is a cap on our liability and may not necessarily equate to the exact payment made by the customer.

19.4. Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

1. death or personal injury caused by negligence;
2. fraud or fraudulent misrepresentation;
3. breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
4. defective products under the Consumer Protection Act 1987.

 

20. Transfer of Rights and Obligations

20.1. SUPERBA may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract (including any debts).

20.2. You may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all your rights or obligations under the Contract without the prior written consent of SUPERBA.

 

21. Sub-Contracting

21.1. We reserve the right to sub-contract our obligations under the contract.

 

22. Applicable Law

22.1. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

 

23. Future Changes to the Terms and Conditions

23.1. We reserve the right to modify these terms and conditions of sale periodically with corresponding updates to our website. Any alterations will exclusively apply to orders made by you following the date of the change. Placing an order on our website signifies your agreement to be bound by the most recent version of our terms and conditions of sale as of the order date. It is your responsibility to visit our website to ascertain the prevailing terms in effect.

 

24. Website Terms of Use

Important Notes

We draw your attention to Clause 19 which details the disclaimer of our liability. It is advised that you retain a copy of this document for future reference.

24.1. About This Document
24.1.1. Thank you for visiting our site. This document sets out the terms and conditions applicable to use of our site. Please read these terms and conditions of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. References to our site or website include its contents and the computer servers and databases which deliver our site and its functionality or store any related product, account, feedback or ordering data. If you have any concerns about any of the material which appears on our site, please contact us via email, specifically customerservice@superbaliving.com.

24.2. Information About Us
24.2.1. www.superbaliving.com is a site operated by Rockstar Furniture Limited. We are a company registered in England and Wales (Company Registration Number: 13300148), our registered office address is 15 Drewett Street, Manchester M40 8EQ.

24.3. Who Is Our Website Targeted At?
24.3.1. Our website is targeted only at people who reside in the United Kingdom, and the products on our site are intended for people who reside in the United Kingdom. We do however consider orders from individuals who reside outside of the United Kingdom, at our sole discretion, so please contact us if you require delivery outside the United Kingdom and please note that additional terms and charges may apply.

24.4. Languages
24.4.1. This site and any contracts in relation to our Products and services are exclusively offered in the English language. We presently do not offer any other languages.

24.5. Accuracy of Content
24.5.1. Whilst we make all reasonable efforts to ensure that all information on this site, including product information, availability, and pricing, is accurate, complete, and up to date, occasionally inadvertent errors may occur, and we want to make it clear that we cannot be held liable for such errors in any contractual agreement. In addition, such information is only up to date as at the time you visit the website. We reserve the right to correct any errors and to change any information (including but not limited to products, availability, pricing, and delivery charges) at any time and without notice to any party. If any change affects an order you have submitted, then under our applicable terms and conditions of sale or service, we will give you the opportunity either to accept the change or to cancel the order and obtain a refund. This clause applies to both products readily available in stock and those crafted on a Made to Order basis.

24.6. Availability of Our Website

24.6.1. The availability of our website is subject to our discretion, and we cannot guarantee continuous and uninterrupted access. We may suspend our website at any time without notice and for any reason, including but not limited to upgrades, maintenance, repair, prevention of damage, and investigation.

24.6.2. We may suspend, withdraw, discontinue, or change all or any part of our website at any time without notice to any party. We reserve the right to deny you access temporarily or permanently to our website at our discretion, with or without cause and with or without notice. We will not be held liable for loss or other consequences if for any reason our site is unavailable at any time or for any period.

24.7. Ordering from Us
24.7.1 Eligibility
Purchases from us are restricted to individuals ages 18 and above.

24.7.2 Ordering Process
Our website serves as an invitation for you to engage in business with us. However, it is not a binding legal offer from us. To order products or services from us, it is a requirement to select and order them using the checkout process on our website, or alternatively to telephone us on 03330147883. A legally binding contract will only be formed when your order is accepted by us.

24.7.3 Terms and Conditions of Sale

Contracts for the sale or supply of goods and/or services by us (whether formed through our website, telephone call or because of visits made by you) are governed by our current terms and conditions of sale and service at the time of order, which are available on request or through this website.

24.8. Completing Forms and Error Correction
When completing any registration, order, feedback, enquiry, or other forms on our website please note the following: -

24.8.1 Mandatory Information
Some information is mandatory before you will be able to submit the forms to us. Mandatory information requirements are clearly identified and may denoted by an asterisk (*). You will be prompted for this information if you try to submit a form which is missing any of this mandatory data. Where any information is not marked with an asterisk then such information is optional, and you do not need to fill it in if you do not wish to do so.

24.8.2 Accuracy of your information
When you submit any form to us, you signify to us that the information it contains is true, accurate, current, and complete in all aspects. You also submit that you are the person identified in the form, and that the form is submitted by the person identified in the form or by a person with their authority to do so. We rely on the truth and accuracy of the information you provide.

24.8.3 Error correction
You may at any time before submitting your form use the back button on your browser to go back and correct or change any information. If you think there is any error in the information you have provided after you have submitted it, you can contact us at any time to correct it using your best endeavours to do so in a timely fashion.

24.9. Accounts and Other Registration on Our Website

24.9.1 Requirement for registration
To use some of the services or features made available to you on our website (such as accounts, forums, memberships, review and comment functionality, and loyalty programmes) you may need to register with our website. We may accordingly restrict functionality and access to some parts of our website to persons who have registered with us for access to that part or functionality.

24.9.2 Terms of registration

Once you have registered with our website for any purpose, you accept the website terms and conditions of use and any additional terms applicable to such registration as notified to you at the time of registration. 

24.9.3 Updating your information
Should any of your registration information change after it has been initially submitted (inclusive of but not limited to your name, address, and telephone number), you must update your details using the functionality to do so provided within our website or alternatively contact us on 03330147883.

24.9.4 Log-in details
You are obliged to maintain the confidentiality of your username and passwords. In no circumstance should you disclose these credentials to others. You must ensure that your password is robust, unique, and not easy guessable. Your password must comprise of a random combination of upper-case and lower-case letters, numbers, and symbols. The password should consist of at least 8 characters and should not have been used or be reused on any other website. You must let us know immediately if you suspect any unauthorised use of your log-in details. We have the right to disable any log-in details, whether chosen by you or allocated by us, at any time if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use or if we suspect any other misuse which we believe has breached the provisions of these terms.

24.9.5 Use of your registration
Anything done through your registration with our website is deemed to be done by you or on behalf of you with your full authority.

24.9.6 Suspension and termination
We may suspend or terminate your registration and/or your ability to access or use any features, services, or functionality on our website at any time and for any reason, with or without prior notification to you.

24.10. Our Intellectual Property Rights
24.10.1 Ownership
You acknowledge that both we and the affiliated companies within our group possess the copyright, trademarks and all other intellectual property rights associated with this site and all products identified on this site.

24.10.2 Licence to you
You are permitted to download the web pages that make up this site through a web browser and to store them in a browser cache for off-line viewing if you do so in connection with browsing this site, registering this site, ordering through this site, and using any other features of this site. You may also make an electronic copy and/or print any web pages from this site solely for the purposes of making any buying purchasing decisions, maintaining records related to your account and orders made via the site including for your use as a reminder of the terms and conditions and your order details. This includes a right to make an electronic copy of and/or print a copy of these terms of use, our privacy policy, sale conditions, any user help files, any information files, and any account and ordering web pages relating to you. When you do make a copy of any web pages, it must be of the web page, including all copyright and other notices contained in the web pages. You may not otherwise use, download, copy, publish, transmit, or distribute any pages or information from this site. Any other use or reproduction of the materials found within this website or contents of this website is strictly prohibited.

24.11. Your Conduct and Content
24.11.1 Use of our website
You agree to use our website for lawful purposes only which are connected to the intended purpose of our website. You must not use our website for or in connection with any unlawful or criminal activity. Unauthorised and unlawful access to our website or underlying systems is strictly prohibited. Additionally, you are not permitted to utilize our website for the promotion or advertising of any third-party products or services. This complies with relevant regulations governing online conduct.

24.11.2 Customer review and other interactive functionality
We may offer comment and review facilities and other interactive functionality from time to time, enabling you and others to post content to our website. Anything you share online is accessible to a global audience and may be subject to moderation or deletion by us at any time without giving any reason or notice to you. You agree that you will be personally responsible for your use of all interactive functionality and for all your communication and activity on our website. You agree that we will not be responsible or liable for the content or accuracy of any content posted by you or any other user of our website. Please exercise discretion when communicating with others using our community functionality. The views expressed by other users on our site do not represent our views or values.

24.11.3 Your content
You shall ensure that anything you post to our website (including text and pictures), whether as a customer review or through our other interactive community functionality:

(a) reasonably relates solely to us and our products and services and is an expression of provable fact and not unsubstantiated opinion;

(b) is in accordance with any rules or acceptable user policies we may publish from time to time;

(c) is not posted in breach of any duty of confidentiality or infringement of any rights of a third party;

(d) is not unlawful, defamatory, threatening, or an expression of prejudice based on race, sex or any other protected characteristic, and is not an incitement to hatred or violence;

(e) is not detrimental to people, institutions, or religions or to people's privacy;

(f) is not capable of causing harm to minors or unwarranted distress to any person;

(g) is not detrimental to our trademarks and/or our website content;

(h) is not personal data of a third party;

(h) is not using our site to promote and advertise any business, product, service or other thing (unless you are advertising our business, product, service or anything related to our services);

(i) does not advocate illegal activity or discuss illegal activities with the intent to commit them;

(j) is not vulgar, obscene, discourteous, or indecent; and

(k) is not software or a virus.

Any content you upload to our community functionality will be considered non-confidential. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy, or any breach of law.

24.11.4 Licence of your content
In relation to anything you post to our website (including text and pictures), whether through any community functionality or otherwise, you hereby grant to us a perpetual, irrevocable, royalty free, transferrable licence, with the right to grant sub-licences, to use, copy, edit, distribute, adapt, publish, translate, publicly perform and display, create derivative works from and do anything else whatsoever with that content, including (without limitation) publication and republication in any form, medium or technology (whether now known or later developed) in any part of the world and for any purpose. By posting a message or other content on our website (including sending in photos to any photo gallery), you understand that such content enters the public domain and therefore may be used by us for marketing and other purposes without any compensation required to be paid to you. You waive all moral rights (including to be identified as author) in relation to such content. You warrant that you have the right to grant the licence above, and that the exercise by us of that licence shall not infringe any copyright or other intellectual property rights in any part of the world.

24.11.5 Viruses
You must not misuse our site by knowingly introducing viruses. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. You should ensure that any phone, tablet, laptop, or other computer that you use to access this website has up to date firewall, anti-virus and other security software running on it, to provide you with protection against any viruses which may have infected our website or systems in spite of any security measures that we may deploy, or which may be present on any third-party website that you may visit which is linked to our website. We do not represent or promise that our website (including its content and systems) will be free from any third-party viruses, or that any third-party website that our website may link to will be free from viruses. A virus includes any spyware, exploit, trojan, worm, logic bomb or other malicious or deliberately harmful software or material.

24.12. Limitation and Exclusion of Our Liability
24.12.1 Protected liability
Nothing in the following clauses shall affect, and we do not limit or exclude, any liability we may have to you for: death or personal injury; loss or damage to physical property; fraud or fraudulent misrepresentation under the Data Protection Act 1998, including liability for failing to take appropriate technical and organisational measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data (which may not be limited or excluded by law).

24.12.2 Sale contracts
With respect to the sale of products or the provision of services related to our products, our liability aligns with the terms and conditions of sale or services outlined in our standard documentation, accessible on our website or upon request.  These website terms of use do not alter the aforementioned liability. 

24.12.3 Website usage
Our website does not constitute any advice to you and shall not amount to a duty of care towards you. Your use of our website and website content is entirely at your own risk. The material displayed on our site is provided without any guarantees, conditions, or warranties as to its accuracy. However, for the purposes of any contract in relation to the sale of any of our products or services this shall not affect any part of our website which is considered by the implied terms under the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982. We accordingly disclaim and exclude any liability to you for any loss, damage, or liability you may suffer or incur arising out of your use or reliance on this website, including any liability which we may have for any loss or damage caused by a virus that may infect your phone, tablet, laptop, or any other product used as a means to access our website. If your use of our website, registration for an account, or engagement with any other feature establishes a contract between you and us, we explicitly disclaim all implied conditions, warranties, and other terms governed by the statute, common law, or equity in your favour. The comprehensive terms of the contract are outlined in these website terms of use and any additional terms specified on our website. This is in accordance with applicable regulations.

24.12.4 Excluded Losses
We will not be held accountable to you, whether in contract or due to negligence for: 

(a) any loss of profits, revenue, contract, goodwill, business data or other business-related loss or damage;

(b) any losses which were not foreseeable by us when the contract was made;

(c) any losses which were not caused by any breach of the contract or any negligent or unlawful act or omission by us;

(d) any losses caused by any act or omission on your part; or

(e) anything caused by any event or circumstance beyond our reasonable control.

24.12.5 Links to and from Our Site
We disclaim any responsibility or liability for the content or functioning of websites linked to our site or those which we may link to that are beyond our control.

24.13. Changes to These Terms of Use
24.13.1. We reserve the right to change the website usage terms for our site from time to time and will update the terms and conditions accordingly as soon as we are reasonably able to do so. By using this site and/or continuing to use any of the services in relation to our site you acknowledge acceptance of these terms and consent to be bound by any revisions in effect at the time of use. It is advisable to regularly visit the webpage to ascertain the current applicable usage terms.

24.14. Law
24.14.1. These terms, your utilisation of our website, and any claim associated with our website or its information fall under the jurisdiction of the laws of England and Wales. Therefore, any claims arising are to be exclusively brought before the courts of England and Wales.