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-- Terms and Conditions --

Terms and Conditions

 

1.          Applications of Conditions

2.          The Price and Payment

3.          The Products

4.          Warranties and Liabilities

5.          Delivery and Cancellations

6.          Acceptance of the product

7.          Title and risk

8.          General

9.          Headings

10.    Representations

11.    Proper law of contract

12.    Date Protection

 

"Buyer" refers to the person who buys or agrees to buy the Products from the Seller.

"Conditions" refers to the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

"Delivery date" refers to the date specified by the Seller when the Products are to be delivered.

"Products" refers to those goods specified.

"Price" refers to the price for the Products including packing and VAT.

"Seller" refers to Bedsite.co.uk

"Consumer" shall bear the meaning ascribed in section 12 Unfair Contract Terms Act 1979.

 

Bedsite.co.uk, Allen and Appleyard Ltd, The Old Town Hall, Princess Street, Knutsford, Cheshire, WA16 6BY 

Registration No: 00955034

 

 

1. Applications of Conditions

Nothing in these conditions shall affect the buyer’s statutory rights as a consumer.

The Seller shall sell and the Buyer shall purchase the products in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders placed using the Seller’s electronic online ordering service, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.

Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected. Each order that the Buyer places shall be deemed to be accepted by the Seller and will become binding once the Seller issues a confirmation to the Buyer.  Each order placed with Bedsite.co.uk shall have no binding contract until Bedsite.co.uk issues a confirmation of order.

 

The Buyer accepts the conditions in this contract will govern any purchase made from Bedsite.co.uk (unless the conditions are modified in writing by Bedsite.co.uk)

 

2. The Price and Payment

Save as provided otherwise herein the Price shall be that as stipulated in the Seller’s published price list current at the date of order of the Products. All prices are inclusive of VAT. But exclusive of delivery charges which will be as indicated at time of ordering. We reserve the right to add any congestion charge, or parking fee necessary to affect delivery to your property. If the Seller is not able to supply the Products and payment has already been made by the Buyer, then the following agreement between the Seller and the Buyer the Buyers account will be refunded or re-credited with the sum paid by the Buyer. The refund will be carried out as soon as possible, and in any event within 30 days of notification of not being able to supply. The seller will not be obliged to offer any compensation for disappointment suffered. Payment of the Price shall be due at the date of the order.

 

3. The Products

The quantity and description of the Products shall be set out in the Seller’s confirmation.

The Seller may make any changes in the specification of the Products, which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller’s specification.

Photographs are for illustrative purpose only, and may not exactly match the product itself.

 

4. Warranties and Liabilities

All goods supplied by the Seller come with a manufacturer’s warranty of no less than or equal to 12 months.

The Seller shall provide the Buyer with such information as is required to claim under the manufacturer’s warranties. In the event of a claim, the Buyer shall in the first instance contact the Seller’s customer service department in writing within 7 days of the time the Buyer discovers or ought to have discovered the defect.   The Seller does not provide any warranty cover against defects in his own right.  The Seller shall not be liable for breach of warranty if the defect arises as a result of fair wear and tear, wilful damage, negligence or misuse.

Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.

We do not guarantee any replacement in matching fabric.  We reserve the right to substitute materials of at least equal or better quality when the original fabric is no longer available.

Insofar as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question. We will not be liable to you for any direct, indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. Nothing in this Clause affects your statutory rights as a consumer. The Buyer must provide written notice of any defect within 7 days of delivery.

 

5. Delivery and Cancellations

The Seller shall use his reasonable endeavours to meet any date agreed for delivery.

In any event time of delivery shall not be of the essence.

The Seller shall not be liable for any delay in delivery howsoever caused.

In the case of goods purchased by credit card, those goods can only be shipped to the credit card holder’s address (in order to protect you, we carry out extensive checks to ensure that your card is not being used fraudulently) and must be signed for on delivery.

For delivery charges and further information please refer to our Delivery page.

Please specify special delivery instructions when placing an order in the 'Delivery Instruction' text area on the order form.

Generally, where an order contains more than one item all items will be delivered at the same time once all items are available.

Where a delivery date has been agreed with the Buyer and our carrier but the customer isn’t present to receive the delivery we reserve the right to charge the customer a minimum of £25 to cover part of the cost of the failed delivery.

An order may be cancelled at any time between the placement of the order and 7 days following delivery of the goods.

In accordance with the regulations the Buyer has the right of cancellation within 7 days of delivery, except where a Product is tailored to customer specifications and without fault. To exercise the Buyers right of cancellation, the Buyer must give written notice to the Seller by Letter or e-mail with receipt of acceptance giving details of the Product. Notification by phone is not sufficient. If the Buyer does not cancel the contract in accordance with the above the Buyer shall be deemed to have accepted the Goods. Other then where the Buyer acts as a Consumer the Buyer shall be deemed to have accepted the Products 7 days after delivery to the Buyer.

If the Buyer cancels the contract before or after the goods are delivered there will be a £40 administration charge, which will be deducted from your reimbursement. If you cancel the contract after the Products are delivered then: You must retain possession of the Goods and take good care of them until such time as we can collect them from you. You must make the goods available and accessible for collection unopened and in the original packaging and the original, unassembled condition in which you receive it, by us at a time when we will arrange with you and confirm with you.

Any money, which you have paid, will be refunded within 30 days provided that the Seller receives the goods in the same condition they were in at the time of delivery to you. (Minus our collection charge of a minimum of £25 under the contract) by whom payment was made.

Goods will be deemed to have been delivered once delivered to the specified address on the order. The Seller will not be liable to the Buyer for non-delivery of the Products. The Seller does not need to satisfy itself that the person accepting delivery at the specified address is the Buyer (or authorised by the Buyer to accept delivery of the Goods.)

Dates and times quoted for delivery are approximate only. The Seller shall not be liable for any direct, indirect or consequential loss, costs, damages charges or expenses caused directly or indirectly by any delay in the delivery.  

The Buyer must allow the Seller to change goods that are faulty. Complaints about faulty goods must be in writing to the Seller by Post or e-mail with receipt of acceptance, within 7 days of delivery.

If the goods are returned back to us damaged (and the damage is not the result of our actions) then the Buyer must pay what we consider to be a reasonable amount for the damage.  We will issue an invoice for the damage and this will be deducted from the Buyers reimbursement.

 

To: Bedsite.co.uk

Allen & Appleyard Ltd

The Old Town Hall,

Princess Street

Knutsford,

Cheshire

WA16 0TR

Email: Please email through our Contact Us page.

 

The Seller will try to respond in writing to the Buyer’s complaint within 14 working days of receiving it.

Goods cannot be returned if the customer has unpackaged, assembled or used the goods.

Specially made products to customer’s requirements – Once confirmation has been received and payment made, we do not refund for cancellations.

Goods delivered by Bedsite.co.uk or by a third party contracted to deliver on our behalf to you are delivered to the room of your choice.

The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.

If any damage to fixtures and fittings i.e. décor, plasterwork, lamps, tables etc, the customer undertakes not to hold Bedsite.co.uk or Sub-contractor responsible for any such damage should it occur. Such an action is undertaken solely on the individual customers own responsibility.

We cannot remove old beds or mattresses to conform to Health and Safety regulations, for our personnel and Trading Standards contamination guidelines of use of the delivery vehicle.

 

Weight:

All products offered for sale on this site are subject to 110Kg of the persons using the products. Any person with a body mass in excess of 110Kg must have written confirmation from us that the Products are suitable for the intended purpose. Failure to disclose body mass exceeding 110Kg will render the warranty null and void.  If you require advice on suitable beds for persons with a body mass of 110 kg or more please do not hesitate to contact our sales team.

 

Free delivery to the room of your choice

 

6. Acceptance of the product

Other than where the Buyer acts as a Consumer the Buyer shall be deemed to have accepted the Products 7 working days after delivery to the Buyer. After acceptance the Buyer shall not be entitled to reject Products, which are not in accordance with Contract.

It is the responsibility of the Buyer to ensure the goods are confirmed as correct size and colour and any other permutation before signing as received.  Should they later report as incorrect it shall be the Buyers responsibility to ensure the goods are returned in the original packaging and new unopened condition, otherwise the return policy shall be void.

 

7. Title and risk

Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.

Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.

The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products, which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.

 

8. General

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller’s premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer’s address as provided to the Seller.

 

9. Headings

The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.

 

10. Representations

No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.

 

11. Proper law of contract

The law of England and Wales shall govern this Contract and any dispute, question or remedy howsoever arising determined exclusively by the Courts of England and Wales.

 

12. Data Protection

The Seller will take all reasonable precautions to keep the details of the Buyer's order and payment secure but unless the Seller is negligent, the Seller will not be liable to authorised access to information supplied by the Buyer.

 

And Finally,

 

We use Land Line telephone numbers as an added security check; please ensure that you supply this as well as a Mobile contact number.

 

www.bedsite.co.uk

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