Terms & Conditions

Introduction


Kindly review these terms of sale attentively. Your explicit agreement with these terms is required before placing an order for products from our website.

(2) Interpretation

In these terms of sale, “we” refers to The foam Shop a trading name of Mark Harris Upholstery Ltd   (and “us” and “our” shall be interpreted accordingly); and “you” signifies our customer or potential customer for products (and “your” shall be construed accordingly).

(3) Order Process

The presentation of products on our website constitutes an “invitation to treat,” and your product order constitutes a contractual offer. No contract will be established between you and us until we accept your order in accordance with the specified procedure below.

To complete a purchase contract with us, you must follow these steps:


Add the desired products to your shopping cart and proceed to checkout.
Provide your contact details and delivery address.
Select your preferred delivery method, confirm your order, and consent to these terms.
You will be redirected to the payment gateway for payment processing.
Upon payment, we will send you an order confirmation, finalising the contract. Alternatively, we may confirm by email if we cannot fulfill your order. Note: We reserve the right to refuse orders at our discretion.
We will not maintain a copy of these terms of sale specifically related to your order. We may update the version of these terms on the website, and we do not guarantee continued accessibility to the version you agreed upon. Therefore, it is advisable to download, print, and retain a copy for your records. The sole language for these terms is English.

For any input errors during the order placement, please contact us immediately to make necessary changes.

(4) The Products

Mark Harris Upholstery Limited offers a range of foam cut-to-size products and accessories through its website www.thefoamshop.co.uk

(5) Price and Payment

Product prices are quoted on our website  Although we strive for accuracy, some prices may be incorrect. Prices will be verified during our sale procedures, ensuring the correct amount is stated during payment.

In addition to product prices, you may have to pay a delivery charge, as indicated during the payment process.

Payment is due upon order submission. Failure to receive the full payment in cleared funds may lead to withholding products and/or contract cancellation by us.

Prices include all applicable value-added taxes.

Payment for products can be made via the online Trustpayment gateway or using credit, debit cards online, or cash (over the counter only) or any method specified on the website.

Product prices are subject to change, but changes will not affect established contracts.

(6) Your Warranties

By placing an order, you warrant that:

You can legally enter into binding contracts and have the authority to agree to these terms.
The information in your order is accurate and complete.
You can accept product delivery.
You are a resident of the UK
You are at least 18 years old.

(7) Delivery Policy
If you select delivery at checkout, we will arrange for product delivery to the address specified in your order (delivery only to the door).

We will make reasonable efforts to deliver products on or before the specified date in our order confirmation. 

All products undergo detailed examination before dispatch. Please open & inspect your order and inform us immediately if damage is discovered upon opening, 

Next day delivery is available in 90% of cases, but we disclaim any liability for late deliveries by third-party couriers. We guarantee timely processing and dispatch.

Products are delivered within the United Kingdom, unless prior arrangements are made.

Refer to our delivery section for more information on delivery.

(8) Tolerance Policy

We recommend fully unpackaging your order and allowing it to sit for 24 hours before checking tolerances. Report any size-related issues within 48 hours.

Do not leave foam wrapped for extended periods, as this may cause permanent compression below standard manufacturing tolerance. Due to the flexibility of foam, a tolerance of +/- 5mm applies to all dimensions and grades.

(9) Risk and Ownership

Products are at your risk upon delivery, with ownership passing to you upon delivery and full payment receipt.

Payment recovery may occur even if ownership hasn't transferred.

(10) "Cooling Off" Period

You can cancel a product purchase contract within 7 working days after receiving the products, See Cancellation policy for exceptions. Notify us in writing, return products promptly in the original condition (unused), and bear return costs.

Failure to return products may lead to cost recovery by us.

See our Returns Policy for bespoke Cut-to-Size orders.

(11) Statutory Rights

These terms of sale do not affect your statutory rights.

(12) Refunds

Refunds for canceled contracts will usually follow the original payment method and be processed within 30 days of valid cancellation notice.

No refund will be given in respect of Stockinette, Stockinette is very fragile and does not travel well unless fitted to exterior cushion cover. please do not order stockinette if you are unable to accept this limitations

(13) Limitations of Liability

These terms do not limit or exclude liability for death, personal injury, fraud, or illegal actions. Products are intended for personal use, and we disclaim liability for business losses.

(14) Force Majeure

Neither party is liable for losses due to a Force Majeure Event. Prompt notification is required, along with efforts to remedy or mitigate the event's effects.

(15) General Terms

Product images on our website are illustrative; actual products may differ.

In some cases, lamination and joining  (gluing) of foam may be necessary 

For larger items, stockinette and Dacron may be unavailable due to width limitations; you will be informed in such cases.

Orders exceeding foam block sizes may be provided in multiple parts.

For Outdoor Reticulated Foam Cushions, a minimum UV50+ rating is recommended for cover materials to prevent premature cushion fatigue from UV exposure.

Contract variations require written agreement from both parties.

We may revise these terms without affecting existing contracts.

Invalid provisions do not affect the remaining terms.

No waiver of provisions is construed as a continuing waiver.

You may not transfer rights or obligations; we may do so without reducing your guarantees.

These terms constitute the entire agreement between the parties and supersede previous agreements.

These terms are governed by English law, and English courts have [non-]exclusive jurisdiction.

(16) Chargebacks

Before customers instigate a chargeback please ensure that you follow our complaints procedure. We reserve the right to charge £60 in the event off any miss-use of the chargeback process + £60 for every incidence of correspondence. this with include but be not limited to , Defending a chargeback and subsequent communication with the customer  

(17) Manufacturing Tolerance

All orders are placed are subject to our standard Manufacturing Tolerances, Recycled & Joined Policy and Stockinette Limitations