Terms and Conditions |
25 Years and
Counting - As a long established specialist retailer we have a wealth
of experience. Our 'on-line' sales team will be happy to offer you
their advice, by email, fax or telephone.
General
The customer’s attention is drawn to these terms and conditions
of business. All orders placed with the company via the website
only and contractual agreements via the website only with the company
are subject to these terms and conditions at all times.
Nothing in these terms and conditions shall affect the statutory
rights of a consumer.
1. Definitions
1.1 "Buyer" means the person who buys or agrees to buy
the Products.
1.2 "Conditions" means the terms and conditions of sale
set out in this document and any special terms and conditions agreed
in writing by the Seller.
1.3 "Seller" means Bedlam Online Store bedlambeds.co.uk
1.4 "Delivery date" means the date specified by the Seller
when the Products are to be delivered.
1.5 "Products" means those goods specified.
1.1"Price" means the price for the Products including
delivery, packing and VAT.
1.7 "Regulations" refers to The Consumer Protection (Distant
Selling) regulations 2000 ("The Buyer's right to cancel").
1.8 "Taylor made product" means a Product that is non-standard.
1.9 "Address" refers to the address for bedsdirect.com
The address is: www.bedlambeds.co.uk
13 Kenilworth Street, Leamington Spa, Warwickshire CV32 4QS
1.10"Consumer" shall bear the meaning given in Section
12 Unfair Contract Terms Act 1977.
1.11 "Contract" refers to any contract between the Buyer
and www.bedlambeds.co.uk for the sale and purchase of Products incorporating
these conditions, whether completed electronically through this
website or via other means.
1.12 " Delivery Place " refers to the delivery address
as specified by you, the Buyer, in the Order.
1.13 "Order" refers to your offer, as the Buyer, to purchase
Products that you place with www.bedlambeds.co.uk, whether electronically
or via other means.
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 Bedlam beds, 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 commission 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 payment
has already been made by the Buyer, then following agreement between
the Seller and the Buyer, 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 item 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. An example of such items are mattress, lamps, bed covers,
and in certain instances headboards, (unless mentioned in the product
description). 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.
4.2 If the Seller makes an error in the Confirmation or any invoice
or any receipt the Seller will correct that error within 60 days
of being notified of any error.
4.3 Payment of the Price shall be due on the date of the purchase
order. Payment shall be due before the delivery date and time for
payment shall be of the essence.
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 HSBC's 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.
5. Delivery
5.1 All delivery charges displayed on the website are guidelines.
Final delivery charges will be confirmed before despatch and processing
of the Order. The Seller will not deliver to addresses outside of
mainland United Kingdom.
5.2 The Products the Buyer orders will be delivered to the address
specified in the order unless otherwise agreed in writing by the
Buyer and the Seller.
5.3 Goods will be deemed to have been delivered once delivered to
the specifed address as detailed in clause 5.2 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 authorised by
the Buyer to accept delivery of the Goods).
5.4 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.
5.5 Generally, where an order contains more than one item all items
will be delivered at the same time once all items are available.
5.6 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 £25 to cover the
cost of the failed delivery.
5.7 In order to for us to get the goods to you for next day delivery
the courier service that we use cannot deliver to floors above ground
level, therefore items ordered will only be delivered to the ground
floor of the house or ground floor entrance of flats or apartments.
A sales person will contact you to arrange your prefered option.
If you place an order for a 5ft or 6ft mattress on its own, would
you please ensure that someone is available to help the driver unload
the items at your house.
5.8 If the Products ordered by the Buyer are not available or discontinued
and the Seller is unable to deliver them to the Buyer within 60
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 30 days after the due date for delivery of the Goods
under the Contract.
5.9 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.
5.10 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.
5.11 Time for the delivery shall not be of the essence. The Products
may be delivered by the Seller in advance of the quoted delivery
date.
5.12 Deliveries made by national carriers will be delivered by one
man and delivered to your front door.
5.13 All goods must be signed for, We are unable to deliver to unattended
premises or outside of customer addresses.
5.14 We do not accept any blame or liability for customers removing
or disposing of old beds or mattresses prior to delivery. We do
advise that customers only dispose of old goods after acceptance
of the new goods been delivered.
5.15 Deliveries made to business addresses will have the customer’s
authority for anybody in the building to accept goods on the customers
behalf. Bedlam beds will accept no responsibility once the goods
have been signed for at the requested address.
5.16 Bedlam beds use both our own vehicles and other logistics companies
to delivery to the customer’s home. Customers should assume
that the delivery vehicle will be a long, heavy goods vehicle, weighing
approximately 16.5 tones with a height of 14' 3". Therefore
it is the responsibility of the customer to ensure that such a vehicle
has legal access to their property and inform Bedlam sales team
about any weight, height and parking restrictions, as well as any
difficult access points such as delivering to upper floor of a flat,
unadopted roads/ paths in order to help us deliver your order and
ensure that we have made arrangements for the appropriate size of
delivery vehicle to be used.
6. Quality of Goods
6.1 The company hereby undertakes and warrants to the customer that
all goods supplied will be of the requisite quality and fitness
for purpose in line with the appropriate statutory legislation.
6.2 The customer’s attention is drawn
to the fact that (as appropriate) the goods supplied may be natural
products. In particular solid wood, leather, and velvet goods may
be subject to changes in colour due to their natural properties,
including variations in colour. Painted goods may experience colouration
differences. The company will not be held liable for any such variation
in the goods which is due to the natural properties of the goods
or colouration differences and the customer shall not regard the
same as a breach of contract.
7. Description of Products
7.1 The quantity and description of the Products shall be set out
in the Seller's confirmation.
7.2 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.
7.3 Photographs provided on the website are for illustrative purposes
only and may not exactly match the Product itself.
8. Availability
8.1 Included with customer confirmation of the order will be details
of our stock availability and anticipated delivery timescales. These
are estimated delivery time given to us by our manufacturers.
8.2 Many of our items are available in stock and can be delivered
within 24 Hours to one week. The rest of the items normally take
no more then 4-6 weeks to deliver. Due to the specialist nature
of some items and our manufacturers being worldwide it may take
up to 16 weeks for some bespoke products. We import from as far
as China and South Asia and use the best available shipping service.
But the nature of these items and the care one has to take in delivering
us from so far can take some time; hence we quote up to 12 weeks
for these kinds of items. We do track these items with our shipping
partners and can tell you at anytime once you have ordered where
your product is at that moment in time.
9. Warranties
9.1 We will endeavor to transfer to you the benefit of any manufacturer's
warranty or guarantee given to us.
9.2 Subject to the conditions set out below, we warrant that the
Goods will correspond with their specification at the time of delivery
and will be free from defects in quality, material workmanship and
condition for a period of 12 months from delivery.
9.3 We shall not be liable for a breech of any of the warranty in
clause 9.2 unless:
9.3.1 You give us written notice of the defect within 7 days of
the time you discover or ought to have discovered the defect; and
9.3.2 We are given reasonable opportunity after receiving your notice
of defect to examine the Goods in question and you (if asked by
us to do so) shall return the Goods to the Address at our Cost for
the examination to take place there.
9.4 We shall not be liable for a breech of the warranty in clause
9.2 if:
9.4.1 You make any further use of such Goods after giving notice
of the defect to us
9.4.2 The defect arises as a result of fair wear and tear, willful
damage, negligence, misuse, abnormal working conditions or your
failure to follow our oral or written instructions as to the storage
or use of the Goods.
9.4.3 You alter or repair such Goods without our prior written consent;
or
9.4.4 You have not paid the Contract Price for the Goods by the
Payment Date.
9.5 Subject to clause 9.3, if any of the Goods do not conform with
any of the warranty in clause 9.2, then within 30 days of us examining
the defective Goods, we shall (at our option):
9.5.1 Repair or replace such Goods (or the defective part) free
of charge; or
9.5.2 Refund the price of such Goods (or a proportionate part of
the price) provided that you deliver up the Goods for collection
(or, if we so request and at our expense you return the Goods of
the part of such Goods which is defective to us at the Address).
9.6 If we comply with clause 9.5 we shall have no further liability
for a breech of any of the warranty in condition 9.2 in respect
of such Goods.
10. Limitation on Liability
10.1 Subject as expressly provided in these Conditions, and except
where the Goods are sold to a person dealing as a “consumer”
within the meaning of the Unfair Contract Terms Act 1977, all warranties,
conditions and other terms implied by statute or common law are
excluded to the fullest extent permitted by law.
10.2 Where the Goods are sold under a “consumer transaction”
as defined by the Consumer Transactions (Restrictions on Statements)
Order 1976, the statutory rights of the Buyer are not affected by
these Conditions.
10.3 Nothing in these Conditions excludes or limits our liability
for death or personal injury caused by our negligence or for fraudulent
misrepresentation.
10.4 Subject to clauses 10.1, 10.2 and 10.3:
10.4.1 Our total liability in contract, tort (including negligence
or breech of statutory duty), misrepresentation, restitution or
otherwise, arising in connection with the performance or contemplated
performance of this Contract shall be limited to Contract Price;
and
10.4.2 We shall not be liable to you for any indirect or consequential
loss or damage (whatever 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 the Contract.
11. Acceptance of the Product(s)
11.1 Other than where the Buyer acts as a Consumer, the Buyer shall
be deemed to have accepted the Products 5 working days after delivery
to the Buyer.
11.2 After acceptance the Buyer shall not be entitled to reject
Products which are not in accordance with the Contract.
12. Risk and title
12.1 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.
12.2 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.
12.3 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.
12.4 The Buyer may not use or resell the Products before ownership
has passed.
12.5 The Buyer grants the Seller the licence 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.
13. Buyer's right to cancel the contract
13.1 You may cancel the Contract at any time during the Cancellation
Period by giving us written notice.
13.2 If you do not cancel the Contract in accordance with clause
13.1, you shall be deemed to have accepted the Goods (except any
manufacturing faults) and will not be able to return the Goods to
us.
13.2 The right to cancel in this clause 13.1 applies only to contracts
effected over the Internet
13.3 If you cancel the contract before or after the goods are delivered
there will be an administration charge of £30 (£60 for
next day delivery items), which will be deducted from your reimbursement
13.4 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.
13.5 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.
13.5 Once the Seller has been notified of the cancelling of the
Contract, the Seller 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.
13.6 If the Buyer does not cancel the Contract in accordance with
clauses 13.1 and 13.2, 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.
13.7 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 can not be used. The Buyer will be responsible
for returning the Products to the Seller 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.
13.8 If the returned goods are not received
by the Seller in the condition in which they were originally delivered;
the Seller reserves the right to offer only a partial refund to
cover the cost of re-listing at a reduced price, or having the product
cleaned or repaired.
13.9 SPECIAL SIZE TAYLOR MADE PRODUCTS. Once an order has been received
and payment taken for special sizes we do not refund for cancellations.
14. Return Policy
14.1 Under the Consumer Protection (Distance Selling) Regulations
2000 the Buyer has the right to cancel an order and receive a full
refund for any item or service, with the exception of bespoke or
personalized items. Once you have received your Product(s) from
Bedlam you have 5 working days to decide if you wish to return them.
If you decide you do not want the good(s) delivered for what ever
reason you may return them back to our warehouse. Providing you
have not used the goods and returned them back in the original packaging
and free of defects then we will happily refund your money minus
any transport costs back to our warehouse. Minimum collections charge
of £100 will be deducted from your credit card refund.
14.2 Mattresses and pillows that have been slept on will not be
accepted back unless faulty for hygiene reasons.
15. Force majeure
15.1 Bedlam beds 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 Bedlam beds obligations relating to
the Contract, if the delay or failure was due to any cause beyond
Bedlam beds reasonable control including, without limitation:
15.2 Acts of God, fire, explosion, epidemic or flood;
15.3 War or national emergency;
15.4 Riot, civil commotion, lock-outs, strikes or other labour disputes
(whether or not relating to either party's workforce);
15.5 Restraint or delays affecting carriers or inability or delay
in obtaining supplies of adequate suitable materials;
15.6 import or export regulations or embargoes (including the failure
of the Company's suppliers to obtain any necessary export permits,
licences or other authorisations);
15.7 Acts, restrictions, regulations, bye-laws, prohibitions or
measures of any kind on the part of any governmental, parliamentary
or local authority.
16. Complaints and disputes
16.1 If the Buyer has a complaint about the Goods or service, the
Buyer should contact Bedlam , the Seller by:
16.1.1 Post- sent to the Address in the definitions section
16.1.2 Electronic e-mail to info@bedlambeds.co.uk
16.1.3 Telephone on 01926 881016
16.2 The Seller will try to respond in writing to the Buyer's complaint
within 14 working days of receiving it.
If you do not agree with our terms and conditions,
please do not use our website. Bedlam as bedlambeds.co.uk is a company
registered in England.
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