Terms and Conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
- These Terms and Conditions will apply to the purchase of the goods by you (the Customeror you). (the Supplier or us or we).
- These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the website if you are eligible to enter into a contract and are at least 18 years old.
- Consumermeans an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.
- Contractmeans the legally-binding agreement between you and us for the supply of the Goods.
- Delivery Locationmeans the Supplier’s premises or other location where the goods are to be supplied, as set out in the order.
- Durable Mediummeans paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.
- Goodsmeans the goods advertised on the Website that we supply to you of the number and description as set out in the order.
- Ordermeans the customer’s order for the Goods from the supplier as submitted following the step by step process set out on the website.
- Website means our website on which the goods are advertised.
- The description of the Goods is as set out in the website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied. We endeavor to display our products as accurately as possible, however we cannot guarantee the complete accuracy of the pictures or photographs shown due to different computer display colour tones. If you are concerned about a product, please contact 01280822003.
- We accept no liability for any inaccuracy in the measurements set out in the description of any goods, and you are responsible for ensuring there is adequate access to your premises for us to provide delivery of the goods ordered. The goods ordered will freely pass through into the room of your choice. If you are in any doubt, please contact us before ordering the goods on the website.
- In the case of any goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability, however estimated times of delivery may differ.
- We can make changes to the goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- Bespoke Goods are items that are made for the consumer using their specifications regarding sizes and colours. If you change your mind, we may only accept cancellations of bespoke goods, if you notify us in writing up to 5 days of the purchase. We do not accept returns on bespoke goods, unless arrived damaged.
- If you wish to make a change to a product on the current order form (before dispatch), please contact us. We will let you know if the change is possible and whether it will occur further charges.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- You can place an order via our website or by calling 01280822003.
- The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- Any quotation is valid for a maximum period of 28 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
- There are a lot of products on the website and some may be incorrectly priced. If we find the price of the goods you ordered is wrong, we will inform you and give you the option of continuing to purchase them at the correct price or cancelling your order. We will not process your order without your instructions and if we cannot get hold of you, we will notify you that the order is treated as cancelled. If the pricing error is obvious and unmistakable and could have easily been recognized by you as a mispricing, we don’t have to provide the goods to you at the incorrect (lower) price.
Price and Payment
- The price of the Goods and any additional delivery or other charges is that set out on the website at the date of the order or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the order.
- You must pay by submitting your credit or debit card details with your order and we can take payment immediately.
- Delivery charges maybe payable and the amount will depend on the delivery address, but we will inform you of the delivery charge before the order is placed.
- The delivery will be made to the consumer stated delivery address at the time of order. If the address has changed in the time of waiting for the delivery, a further cost may apply if the location is further than the original address. If this occurs, please inform us 5 days prior to delivery.
- Once the goods are available, we will call you to arrange delivery in the agreed time slot (am/pm). You will also receive a confirmation email.
- Delivery access must be safe and made available for the entry of furniture. We are not liable if the goods don’t fit within the premises.
- You must provide any required parking permits in advance and shall indemnify us for any parking costs or fines incurred whilst unloading the goods at the delivery address.
- Please note we deliver goods only to specified regions within mainland England and Wales. If you require the goods to be delivered further afield, you will need to contact us for further information.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must inspect all goods on delivery and sign a delivery note to confirm the delivery and inspection of the goods. Refusal to sign maybe treated as refusal to take delivery of goods being delivered.
- In any case, the consumer cannot receive the goods on time, you may be liable for extra charges.
- If the goods have arrived damaged, you must return them to us or allow us to collect them from you and we will pay the costs of this.
- If you are not ready to receive the delivery, we will hold your goods for a maximum of 2 weeks. After the 2 weeks has ended, we will charge £10 per week for storage. If a product is delayed by an event out of our control, i.e. adverse weather conditions, pandemic, lockdown, delay from our suppliers, we will contact you, to let you know. Provided we do this; we will not be liable for delays caused by the event.
Risk and Title
- Risk of damage to, or loss of, any goods will pass to you when the goods are delivered to you.
- You do not own the goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and Cancellation
- You can withdraw the order by telling us before the contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- You can cancel the contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 5 calendar days,from the day the contract was entered into.
- If you wish to return any orders which are non-bespoke, you must return the goods to our business premises within 14 days, in undamaged condition at your own expense. We will then refund you the price for those goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
Termination of the Order
- We may terminate an order placed by you for goods if;
- The goods are discontinued.
- We are unable to obtain authorization from your bank or credit card company for payment of the goods.
- We identify a pricing error.
- This is a distance contract(as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
- Goods that are made to your specifications or are clearly personalised.
- The Cancellation Rights for a Contract cease to be available in the following circumstances:
- In the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to Cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract within 5 days of making the order, without giving any reason.
- To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement setting out your decision (e.g. a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
- Except as set out below, if you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery.
Deduction for goods supplied
- We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
- If we have not offered to collect the goods, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
- If we have offered to collect the Goods or if no goods were supplied, we will make the reimbursement without undue delay, and not later than 7 days after the day on which we are informed about your decision to cancel this Contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- You may return items except bespoke, personalised or hygiene goods where the seal and packaging has been broken. All items must be in the original packaging and returned undamaged, within a 14-day time period. You are responsible for the returning delivery costs. We shall not be held responsible for the return of damaged goods.
- If you have received goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at our showroom, without delay and in any event not later than 7 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 7 days has expired. You agree that you will have to bear the cost of returning the Goods.
- All goods must be returned in their original packaging.
- For the purposes of these Cancellation Rights, these words have the following meanings:
- Distance contractmeans a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
- Sales contractmeans a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
When we will pay the costs of returns (If you are ending the contract for the following reasons)
- Faulty goods
- An error on our part, in all other circumstances including where you are exercising your right to change your mind, you must pay the costs of return.
How we will refund you
- We will refund you the price you paid for the products including delivery costs, by the method you used for payment.
- Refunds will be issued no later than 14 days after receiving the goods back.
Deductions from refunds
- If you are exercising your right to change your mind, reduction in the value of goods caused by your handling of them in a way which would not be permitted in a shop.
- A deduction from the refund will be made where a service was started to the point, you told us you had changed your mind.
- Bespoke Items
- Hygiene items including; mattresses, mattresses toppers, pillows and throws (if the seal and packaging has been removed).
- Services, once they have been completed. If the services have been started you must pay us for the services provided, up until the time you tell us you have changed your mind.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- Be of satisfactory quality.
- Be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract.
- Conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- The party will advise the other party as soon as reasonably practicable.
- The party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing Goods to you.
- Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected.
- We will only Process Personal Data for the purposes identified.
- We will respect your rights in relation to your Personal Data.
- We will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can e-mail.
- The website contains things from other websites or resources, however we try to the best and not make relations to that content. If any errors occur, we try our best to solve them as quickly and efficiently as possible. We will also try to keep all products updated, however not make full promises that they will all be accurate.
- We are responsible for your foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking this contract, or us failing to use reasonable care and skill, however we are not responsible for any loss or damage that is not foreseeable.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in these terms limits or excludes our liability for.
- Any fraudulent act or omission
- Death or personal injury caused by negligence
- Breach of the supplier’s legal obligations
- The supplier is not liable for loss which was not reasonably foreseeable to both parties at the time when the contract was made. Or loss (e.g. loss of profit) to the customers’ business, trade, craft or profession which would not be suffered by a consumer.
- Fraud or fraudulent misrepresentation.
- Breach of the terms implied by section 12 of the Sales of Goods Act 1979
- Breach of any of your legal rights.
- Defective products under the Consumer Protection Act 1987.
- Whenever you upload material to the website, or make contact with other users of the website, you will be liable to indemnify us for any direct and indirect losses and costs, resulting in the breach of the following.
- Transmitting or storing electronic copies of materials protected by copyright without our permission.
- Transmitting material that encourages conduct that constitutes a criminal offence, or breaches any applicable laws, regulations or code of practice.
- Interfering with any persons use or enjoyment of the website.
- Disseminating any unlawful, harassing, abusive, threatening, harmful, vulgar or objectionable material, or breaching any laws.
- You agree that we have the right to use, copy, distribute and disclose to third parties any material you upload to the website for any purpose and that we may disclose your identity to any third party, who claims the material you uploaded to the website violates their rights. We are not responsible or liable to any third party in any way for materials posted by you or others and have a right to remove it.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Walesor, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints in the following way.
Summary of your key legal rights
- For detailed information please visit the Citizens Advice Website: citizensadvice.org.uk or call: 03444 111 444. Please follow the Consumer Rights Act 2015, where goods must be described, fit for purpose and satisfactory quality.
- These terms and conditions were created using a document from Rocket Lawyer(https://www.rocketlawyer.com/gb/en).
Model cancellation Form
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
[*] Delete as appropriate.