Trading terms and conditions of Strictly Beds and Bunks Ltd.
The placement of your order or acceptance of delivery is deemed as acceptance of the following terms and conditions. It is important that you at least read the key feature, this is not an endless list but guidance regarding your order.
KEY FEATURES - Distance Selling Regulations
1. Under the distance selling regulations, you are quite within your rights to change your mind at any time within the first seven days. If the goods have been delivered you **must return the goods to our base in Sandy, Bedfordshire to get a full refund, including the intial delivery charge. The goods must be returned unused and in its original packaging.
***We can however collect unwanted or cancelled orders for you at no extra charge, however if you choose this method we will refund the full cost of the goods less the initial delivery charge.
We do reserve the right not offer this service and request a return to base policy
Your obligations are to make the goods available for collection and to take reasonable care of them while they are in your possession. This is called a duty of care. We are allowed to take up to 21days, however our policy is collection within 7 days.
1.2 It is deemed the customers responsibility to check the amount of items deliveredbefore you sign for delivery. This means if the paperwork has six parcels, please ensure you have six before you sign. If you have a box short please sign as a shortage. I am sure you can understand the problems incurred if you report a box missing but have signed as accepted. We are not asking you to check the contents of each parcel, you have three days to report any shortage or damage to goods WITHIN THE PARCEL.
1.3 All delivery dates are booked in good faith, however due to logistic reasons problems may occur. Whilst this is VERY RARE we would advise that you DO NOT dispose of your old bed/furniture until your order has arrived.
1.4 In the unlikely event that an item has been delivered damaged we reserve the right to replace the damage part only, not the complete order. No re-delivery charge will apply. Please advise us of the part number so a quick replacement may be sent. To speed this process we would ask for you to e-mail a picture identifying the damage and part concerned.
1.5. All beds that are located on a wooden floor must have non-slip pads to prevent movement. From our vast experience bed bases fail because the centre support legs move, this then leaves the base unsupported. This is not a problem with the product but its location. Sorry we cannot accept claims for damage on this basis.
1.6. We would suggest that you check and ensure that you are happy with the goods before you book any external trades person or company to install any of our products. Very, very occasionally parts may be damaged or missing that will prevent the engineer to complete his installation. By checking all parts and fixings prior to their arrival will prevent any unforeseen problems. If in the unlikely event you do
have a missing/damage part we will dispatch a part at your request. Strictly Beds and Bunks Ltd does not accept any additional costs or compensation claims for any external costs incurred.
1.7. Strictly Beds & Bunks Limited will not incur any costs regarding the dismantling of a bed that has either to be collected or parts supplied. The customer accepts that by assembling the bed, for whatever reason Strictly Beds & Bunks Limited is not responsible to dismantle or incur any costs or charges to facilitate a collection or refund.
1.8 Strictly Beds and Bunks Ltd staff or appointed contractors will not accept liability for any damage both to the customers property, (including all types of fixtures, fittings and building structure), whilst assisting the customer with delivery to their property. The customer must solely take responsibility for this action. Any consequent damage should fall under the customer's household insurance.
1.9. Please note that refunds can take up to 30 days to process. This is on the basis that we have to wait for your funds to arrive, sometimes up to seven days from the transaction. Once we received the whole operation has to be reversed and manually checked.
2. APPLICATION OF CONDITIONS
2.1 Unless otherwise agreed in writing, these Conditions shall apply to the exclusion of any other terms and conditions.
2.2 Each order that the Buyer places shall be deemed to be an offer by the Buyer to purchase Products from Strictly Beds and Bunks Ltd, the Seller, subject to these conditions.
2.3 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 or, if earlier, the Seller delivers the Products to the Buyer in accordance with the delivery terms and conditions.
2.4 If for any reason the Seller does not accept the Buyer's Order, the Seller will advise the Buyer as soon as practicable. This will mean that there will be no binding Contract between the two parties.
2.5 The Buyer must ensure that the details that he provides the Seller are complete and accurate and that he provides all the necessary information relating to the Supply of the Products within sufficient time to enable the Seller to perform the Contract in accordance with these Conditions.
2.6 Any typographical or clerical 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.
2.7 If any provision of these conditions is adjudged invalid or unenforceable in whole or part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
2.8 If the Seller is not able to supply the Product and the Buyer, then following agreement between the Seller and the Buyer, has already made payment the Buyer's account will be refunded or re-credited with the sum paid by the Buyer. The refund will be carried out as soon as possible, in any event, within 30 days of the order. The Seller will not be obliged to offer any compensation for disappointment suffered.
3. BASIS OF SALE
3.1 Subject to the Buyer's right to cancel the Contract, included within clause 13, the Seller shall sell and the Buyer shall buy the Products in accordance with the Confirmation. No Contract exits between the Buyer and Seller for the sale of any Products until the Seller has received, processed and confirmed the order and the Seller has received payment in full, (in cleared funds). Once the Seller does so, there is a legal binding Contract between the Buyer and Seller.
3.2 The description of Goods shall be set out in writing in the Confirmation.
3.3 Any items that is not a bed or the specified Product in the product description on the web page that appears in any photograph or illustration on the website or in product brochures will not form part of this Contract. Such information is for illustration purposes only and may not comprise part of the Products.
3.4 Any specifications or advertising issued by the Seller and any descriptions or illustrations contained within our website or brochures will not form part of this Contract. Such information is by way of guidance or illustration only, and may not bear any relationship with Products.
3.5 The Buyer shall not be entitled to assign the Contract or any part of it without prior written consent.
3.6 The Seller may assign the Contract or any part of it to any person, firm or company.
4. PRICE AND PAYMENT
4.1 The Contract price for the supply of Products shall be as set out in the Confirmation. In the event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the Contract upon written notice. If the Seller gives notice of price increase, the Buyer shall have the right to cancel the order and receive back any sums they have paid. The Seller must receive notice of cancellation in writing within seven days of delivery of the notice of price increase to the Buyer.
4.2 If the Seller makes an error in the Confirmation or any invoice or any receipt the Seller will correct that error within 30 days of being notified of any error.
4.3 Payment of the Price shall be due at the point of order. The delivery date and time shall not be of the essence of any contract. Payment must be made in full prior to dispatch, either by Debit or Credit card or cleared cheque funds.
4.4 In the instance that payment has not been received and an order has been confirmed, interest on overdue invoices shall accrued from the date when payment becomes due on a daily basis until the date of payment at the rate of 2% above Lloyds TSB base rate in force at that time.
4.5 No payment shall be deemed to have been received until the Seller has received cleared funds. There will be no delivery until cleared funds have been received. 4.6 Payment for the Products and any delivery charges can be made by any method shown on the Suppliers website at the time the Buyer places an order.
4.7 Payments shall be made by the Buyer without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Seller to the Buyer.
4.8. An additional charge of £ 25.00 will apply on cheques that have to be re-presented for payment for a second occasion.
4.9. Strictly Beds and Bunks Ltd will not be responsible whatsoever for any banking charges incurred by the customer during the purchase or credit
of any goods sold by this company.
5. DESCRIPTION OF PRODUCTS
5.1 The quantity and description of the Products shall be set out in the Seller's confirmation.
5.2 The Seller may make 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.
5.3 Photographs provided on the website and brochure are for illustrative purposes only and may not exactly match the Product itself.
5.4. The dimensions displayed are accurate and subject to tolerances, these is due to manufacturing processes. Always check the delivered product prior to assembly.
6. WARRANTIES AND LIABILITIES
6.1 The Seller warrants that the Products will correspond with their specification at the time of delivery and will be free from defect in quality, material workmanship and condition for a period of 12 months from delivery, unless otherwise specified and subject to conditions set out below.
6.2 The Seller shall not be liable for any breach in warranty clause
6.1 unless: 6.2.1 The Buyer provides written notice of the defect within 7 days of the time the Buyer discovers or ought to have discovered the defect; and 6.2.2 The Seller is given reasonable opportunity after receiving the Buyer's notice of defect to examine the Products in question and the Buyer (if asked by the Seller to do so) shall return the Products to the Address at the Seller's cost for the examination to take place there.
6.3 The Seller shall not be liable for a breach of the warranty in clause 6.1 if: 6..2 if the Buyer makes further use of such Products after giving notice of the defect to the Seller. 6.3.2 The defect arises as a result of fair wear and tear, willful damage, negligence, misuse, abnormal working conditions or failure to follow our oral or written instructions as to the storage of use of the Products. 6.3.3 The Buyer alters or repairs such Products without our written consent; or 6.3.4 The Buyer has not paid the Contract price for the Products by the Payment date.
6.4 Subject to clause 6.2, if any Products do not conform with any of the warranty, then within 30 days of us examining the defective Products, the Seller (at the Seller's option) will either: 6.4.1 Repair or replace such Products (or the defective part) free of charge; or 6.4.2 Refund the price of such Products (or a proportionate part of the price) provided that the Buyer delivers up the Products for collection (or, if the Seller so requests and at the Seller's expense the Buyer return the Products or the part of such Products which is defective to the Seller at the Seller's Address).
6.5 If the Seller complies with clause 6.4 the Seller shall have no further liability for breach of any warranty in condition 6.1 in respect of such Products.
6.6 The seller reserves the right to replace only the part damaged, this to be delivered at the sellers cost. The seller will not be responsible for an labour charge involved in the works required to fix the replacement part.
6.7 Our standard sprung mattress is for light use only, this product is not covered by our warranty. For hygienic reasons, unless faulty, we cannot accept the return of any mattress once the seal and wrapping has been removed from the product.
6.8. All delivered goods are to be left at the perimeter of the buyers property. However if invited by the buyer the goods will be placed within your property, by instructing our driver you waive all rights regarding any accidental damage or breakage caused by this operation. Strictly Beds and Bunks Ltd will not accept any claims for breakage or damage under this instruction. If you do not accept this condition please do not request delivery within your property and make your arrangements for transport accordingly.
7.1 All delivery charges displayed on the website are guidelines. Final delivery charges will be confirmed before the dispatch and processing of the Order. The Seller will not deliver to addresses outside of mainland United Kingdom.
7.2 Goods will be deemed to have been delivered once delivered to the specified address as detailed in clause 7.2 and 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 authorized by the Buyer to accept delivery of the Goods).
7.3 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 of the Goods.
7.4 Generally, where an order contains more than one item all items will be delivered at the same time once all items are available, unless otherwise agreed.
7.5 Where a delivery date has been agreed with our carrier but the Buyer is not present to receive the delivery, the Seller reserves the right to charge the Buyer a minimum of £10.00 to cover the cost of the failed delivery.
7.6 If the Products ordered by the Buyer are not available or discontinued and the Seller is unable to deliver them to the Buyer within 30 days (or any other time limit agreed by the parties), the Seller shall inform the Buyer of this; cancel the Contract; and reimburse any sums paid by the Buyer (or which has been paid on the Buyer's behalf) under the Contract to the person by whom payment was made no later than 10 days after the due date for delivery of the Goods under the Contract.
7.7 Any liability to the Seller for the non-delivery of Products shall be limited to replacing the Products within a reasonable time or issuing a respective credit note/ refund raised for such Products. 7.8 The quantity or content of any consignment of Products as recorded by the Seller upon dispatch shall be conclusive evidence of the quantity or content received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
7.8 Day/Time for the delivery shall not be of the essence. No additional costs can be accepted should a delivery day/time be delayed.
7.09.It is deemed the responsibility of the buyer to ensure that all deliveries by national carrier are checked for damage or shortage BEFORE signing as correct and undamaged. We reserve the right to make an additional charge of £ 25.00 for any items signed for but not accepted as delivered. We ask that you check each box as advised for damaged.
7.10. FRAUD PROTECTION: As part of our anti-fraud policy we will not dispatch any orders were the debit or credit card does not match the registered address.
7.11. We do not accept damage to a customers property by our vehicles or drivers. If you do not
accept this condition please arrange to meet our driver at the boundry of your property to accept the goods. All claims for any damaged will not be accepted.
8. ACCEPTANCE OF THE PRODUCT (S)
8.1 Other than where the Buyer acts as a Consumer, the Buyer shall be deemed to have accepted the Products 3 working days after delivery to the Buyer.
8.2 After acceptance the Buyer shall not be entitled to reject Products, which are not in accordance with the Contract. Claims for shortage cannot be accepted once signed for correct.
9. RISK AND TITLE
9.1 Risk of damage to or loss of the Products shall pass to the Buyer upon delivery. If the Buyer wrongfully fails to take delivery of the Products, then risk of the Products shall pass to the Buyer at the time when the Seller tendered delivery of the Products.
9.2 Notwithstanding any other provision herein title to the Products shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full for the Products and all other sums which are or which become due to the Seller from the Buyer on any account.
9.3 The Seller shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from the Seller.
9.4 The Buyer may not use or resell the Products before ownership has passed.
9.5 The Buyer grants the Seller the license at any time to enter any premises where the Products are or may be stored in order to inspect them, or where right to possession has terminated, to recover them, and to use reasonable force in doing so.
10.1 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 of their reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction or unavailability of power at the Seller's premises or its/ suppliers manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, import or export regulations or embargoes (including the failure of the Seller's suppliers to obtain any necessary export permits licenses or other authorizations) and the party shall be entitled to a reasonable extension of its obligations.
10.2 Provided that if any event referred to in clause 11.1 continues for a period in excess of 30 days, the Buyer will be entitled to give notice in writing to terminate the Contract.
10.3 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 Address or in the case of notices to the Buyer, at the Buyer's address as provided to the Seller.
10.4 Failure or delay by the Seller in enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
10.5 Strictly Beds and Bunks Ltd reserve the right to cancel any order with a full refund regardless of reason. This decision will be based
on the nature of the transaction, ie suspected fraud or customer behavior.
11.1 The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
11.2 Representations- no statement, description, warranty condition or recommendation contained in any price list, 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.
11.3 Additional costs- 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 to delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
12. THE BUYERS RIGHT OF CANCELLATION
12.1 In accordance with the Regulations the Buyer has the right of cancellation within 7 days except where a Product is tailored to customer requirements and without fault.
12.2 To exercise the Buyer's right of cancellation, the Buyer must give written notice to the Seller by letter or e-mail giving details of the Products ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
12.3 Once the Seller has been notified of the canceling of the Contract, the Supplier will refund or re-credit the Buyer within 30 days for any sum that has been paid or debited from the Buyer's credit card for the Products.
12.4 If the Buyer does not cancel the Contract in accordance with clauses 3.1 and 3.2, the Buyer shall be deemed to have accepted the Goods (except any manufacturing faults) and will not be liable to return the Goods to the Seller.
12.5. All goods that are non stock, purpose made or special order will attract a 30% handling charge regardless of the reason for cancellation.
12.6 If the Seller has delivered the Products to the Buyer but the Buyer wants to cancel the Contract, as prescribed in clauses 13.1 and 13.2, the Buyer must retain possession of the Goods until the cancellation notice has been sent to the Seller within the relevant time limit. The Products cannot be used. The Buyer will be responsible for returning the Products to the Supplier at the Buyer's own cost. The Products must be returned to the address in the definitions section. The Buyer must take reasonable care to ensure that the Products are not damaged in the meantime or in transit and return then in the packaging and condition they were delivered to the Buyer.
13. PROPER LAW OF CONTRACT
13.1 The Contract shall be governed by the law of England and Wales and any dispute, question or remedy however-so arising determined exclusively by the Courts of England and Wales.
14. LIMITATION OF LIABILITY
14.1 The Seller's total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the Products.
14.2 Nothing in these conditions excludes or limits the liability of the Seller for death or personal injury caused by the Seller's negligence or fraudulent misrepresentation.
14.3 The Seller shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for the loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
15. FORCE MAJEURE
15.1 Strictly Beds and Bunks Ltd shall not be liable to you or be deemed to be in breech of the Contract by reason of any delay in performing, or any failure to perform any of Strictly Beds and Bunks Ltd obligations relating to the Contract, if the delay or failure was due to any cause beyond Strictly Beds and Bunks Ltd reasonable control including, without limitation: 16.1.1 Acts of God, fire, explosion, epidemic or flood; 16.1.2 War or national emergency; 16.1.3 Riot, civil commotion, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce); 16.1.4 Restraint or delays affecting carriers or inability or delay in obtaining supplies of adequate suitable materials; 16.1.5 import or export regulations or embargoes (including the failure of the Company's suppliers to obtain any necessary export permits, licenses or other authorizations); 16.1.6 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
15.2 Provided that, if any event referred to in clause 11.1 continues for a period in excess of 30 days, you shall be entitled to give us notice in writing to terminate the Contract.
16. DATA PROTECTION
16.1 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 for unauthorized access to information supplied by the Buyer.
16.2 Please note that for staff training and security reasons all calls may be recorded.
17. COMPLAINTS AND DISPUTES
17.1 If the Buyer has a complaint about the Goods or service, the Buyer should contact Strictly Beds and Bunks Ltd, the Seller by: Post- sent to Limelight House, New Road, Sandy, Bedfordshire SG19 1NX
17.2 The Seller will try to respond in writing to the Buyer's complaint within 7 working days of receiving it. I accept that the above conditions will govern any purchase I make from Strictly Beds and Bunks Ltd (unless the conditions are modified by Strictly Beds and Bunks Ltd in writing)