Terms
and Conditions
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.
Our
Price Promise
We do not only aim to provide the best quality products and
services but also at the best possible price. We believe our
internet prices are very competitive especially with our FREE
delivery service. However, if you see the same product advertised
cheaper on the internet we will try to match or even beat
it!
Simply email us
with following details:
the product name
the name of the website where the product is cheaper
your telephone number
We will review the details and reply to you by email within
2 working days.
* Please note that we reserve the right not to uphold the
price promise if doing so would result in Bedlam making a
loss.
* Price match requests must be submitted before your purchase
online at Bedlam Online Store www.bedlambeds.co.uk
* Price match can only be provided on current prices, and
excludes shop damaged goods, shopfloor models, second hand.
* Delivery charges must also be included when comparing prices.
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