Bedz4u Terms and Agreements
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the goods (Goods) listed on our website www.bedz4u.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Goods from our site. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions.
Our Contact Details
Please read these terms and conditions carefully before placing your order. Bedz4u at its discretion, may change, modify, add or remove these terms and conditions at any time and therefore it is important to read these terms and conditions each time you place an order.
'Buyer' means the person who buys or agrees to buy the Products.
'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.
'Seller' means Bedz4u.
'Delivery Date' means the date specified by the Seller when the Products are expected to be delivered.
'Products' means those goods specified.
'Price' means the price for the Products including delivery and packing.
'Regulations' means: The Consumer Protection Regulations 2000 and subsequent amendments (Distance Selling Rights).
'Tailored' means a Product that is non-standard.
'Consumer' shall bear the meaning given in Section 12 Unfair Contract Terms Act 1977.
'Contract' refers to any contract between the Buyer and Bedz4u (the seller) for the sale and purchase of Products incorporating these conditions, whether completed electronically through this website or via other means.
'Delivery Place' refers to the delivery address as specified by you, the Buyer, on any Order.
'Order' refers to your offer, as the Buyer, to purchase Products from Bedz4u, whether electronically or via other means.
2. Application of Conditions
Unless otherwise agreed in writing, these Conditions shall apply to the exclusion of any other terms and conditions.
Each order that the Buyer places shall be deemed to be an offer by the Buyer to purchase products from Bedz4u, the seller, subject to these conditions.
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.
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.
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.
If any provision of these conditions is adjudged invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
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 any disappointment suffered.
3. Basis of Sale
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 exists 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).
The description of Goods shall be set out in writing in the Confirmation.
Any items that are not beds 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. Example of such items are 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.
The Buyer shall not be entitled to assign the Contract or any part of it without prior written consent.
The Seller may assign the Contract or any part of it to any person, firm or company.
Bedz4u does not guarantee the continued availability of any range (or any part thereof) of available products. A full refund will be given on any part of an order that cannot be fulfilled in accordance with the refund policy.
4. Price and Payment
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 notice of price increase is given by the Seller, the Buyer shall have the right to cancel the order and receive back any sums they have paid.
Notice of cancellation must be received in writing by the Seller within seven days of delivery of the notice of price increase to the Buyer.
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.
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.
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.
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.
Payment for the Products and any delivery charges can be made by any method shown on the Seller's website at the time the Buyer places an order.
Payments shall be made by the Buyer without any deduction whether by way of set-off, counter-claim, 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. Description of Products
The quantity and description of the Products shall be set out in the Seller's confirmation.
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.
Photographs provided on the website are for illustrative purposes only and may not exactly match the Product itself. Any major differences have been noted within the product description.
6. Warranties and liabilities
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.
a) The Buyer provides written and photographic evidence (or email) notice of the defect within 7 days of the time the Buyer discovers or ought to have discovered the defect; and
b) 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.
The Seller shall not be liable for a breach of the warranty if:
a) The Buyer makes further use of such Products after giving notice of the defect to the Seller.
b) The defect arises as a result of fair wear and tear, malicious damage, negligence, misuse, abnormal working conditions or failure to follow our oral or written instructions as to the storage of use of the Products.
c) The Buyer alters or repairs such Products without our written consent.
d) The Buyer has not paid the Contract price for the Products by the Payment date.
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:
1) Repair or replace such Products (or the defective part) free of charge; or
2) Refund the price of such Products (or a proportionate part of the price) provided that the Buyer offers 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).
3) Any Mattress opened and used will not be accepted as returned Goods.
(Rolled- vacuumed packed mattresses will have a label on them which be clearly visible indicating size and product. Once opened these cannot be returned for a refund do to health and safety reasons) - (hygiene)
Every order you place with us will be delivered direct to your front door, normally free of extra charges, unless you live in one of the post code areas which carry a Courier surcharge, (as indicated on our Map and Delivery terms and conditions). We work in partnership with a national delivery company to ensure that your goods are delivered in pristine condition. Deliveries are made on working days and we do our best to deliver your items to you within 3/10 working days, Monday to Friday between 7.00 am to 8.00 pm (excluding bank holidays). Deliveries to certain areas of Scotland, typically take an extra 2 - 3 working days. You will be notified by email and in some cases by text or phone with regards to your delivery details.
We deliver all items at the same time, if you order more than one item, we will only delivery your items when all items have reached our dispatch warehouse. For Example: - If you order a item that states Next Day delivery with an item that does not state a delivery time, your whole order will be sent out within 5/10 working days (excluding bank holidays). This would also be the same if you order an item that states next day delivery with an item that states 6 week delivery.
We are unable to deliver to the following areas: - Channel Islands, Northern Ireland, Eire, Isle of Man, Isles of Scilly, Isle of Wight, BFPO (British Forces Post Office) addresses, Orkney, Shetland and the Scottish Isles
If you are not in on the arranged day of the delivery, the courier will leave a card with a contact number for you to call to arrange a new delivery date. Where a delivery date has been agreed but you are not present to receive the delivery, we reserve the right to charge a minimum of £45 to cover part of the cost of the failed delivery and re-delivery. Please make sure you are able to take delivery on the day you have arranged to avoid any unnecessary delays or charges. If you need to cancel/re-arrange a delivery date, please do this by contacting us at least 48 business hours (working days) in advance of the scheduled delivery date to avoid any charges. We are unable to re-arrange deliveries within 48 hours of the scheduled delivery time.
Generally, where an order contains more than one item, all items will be delivered at the same time once all items are available.
Goods will be deemed to have been delivered once delivered to the specified address and Bedz4u will not be liable to the customer for non-delivery of the Products. Bedz4u does not need to satisfy itself that the person accepting delivery at the specified address is the customer (or authorized by the customer to accept delivery of the Goods). The Buyer is recommended to take receipt of the delivery personally.
Dates and times quoted for delivery are approximate only. Bedz4u 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.
If the Products ordered by the customer are not available or discontinued and Bedz4u is unable to deliver them to the Buyer within 30 days (or any other time limit agreed by the both Bedz4u and the customer), Bedz4u shall inform the customer of this; cancel the Contract; and reimburse any sums paid by the customer (or which has been paid on the customer'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.
All goods must be signed for by the person who paid for the items, or their appointed representative. We are unable to deliver to unattended premises or outside of customer addresses.
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.
Deliveries made to business addresses will have the customer's authority for anybody in the building to accept goods on the customers behalf. Bedz4u will accept no responsibility once the goods have been signed for at the requested address.
IT IS VERY IMPORTANT THAT YOU, OR ANYONE ELSE YOU HAVE ARRANGED TO TAKE DELIVERY OF YOUR ORDER HAS READ THIS PAGE AND IS CLEAR ON THE PROCEDURE FOR ACCEPTING DELIVERIES WITH RESPECT TO SIGNING FOR THE GOODS.
Deliveries made by national carriers will be delivered by one man and delivered to your front door. The services used will only deliver the ordered items to the front door of the designated delivery address. This means that if you reside in an apartment or a block of flats, the delivery driver will deliver to the lobby of the building only. Please understand that the logistics companies that offer the service are not insured to enter private premises. Please be aware that if you purchase a product and require assistance with the positioning of the product, you must arrange for the assistance yourself.
Before you sign for the item(s)
1) For insurance purposes, it is very important that before you sign for your items, you check all external packaging for signs of damage. Signing for the items without any extra notes will mean you have accepted the goods "in good order". Transport damages cannot be claimed at a later date if the delivery was signed for "has been in good order".
2) If there are signs of damage to the packaging, you MUST sign for the items as damaged.
3) You are required to email photo's of the damage before we can send out replacements. All photos must be capable of clearly showing the damage.
4) You must count the number of items that you are signing for. If any items are missing, sign for them as MISSING, accept all offered items and please call us immediately (or at the maximum, 24 hours after delivery) on 01274 317167. We will then sort out replacing any missing items.
5) Please do not sign for your items as 'UNCHECKED' as this no longer covers you as the customer for the insurance of the items.
8. Acceptance of the Product(s)
Other than where the customer acts as a Consumer, the customer shall be deemed to have accepted the Products 5 working days after delivery to the customer.
After acceptance the customer shall not be entitled to reject Products which are not in accordance with the Contract.
On the rare occasion where an item is damaged in transit Bedz4u will, of course, offer to replace the damaged item, or part thereof immediately upon receipt of the photographs of the damage. Please ensure that you inspect the packaging carefully for damage before signing. If there are signs of external damage, please sign the delivery document as 'DAMAGED' and accept all items. Please inform Bedz4u of the damage straight away and we will send out replacement parts as soon as is practicable. Signing for the items without any extra notes will mean you have accepted the goods 'in good order'. Transport damages cannot be claimed at a later date if the delivery was signed for "in good order". WE ARE UNABLE TO REPLACE DAMAGED GOODS THAT HAVE BEEN SIGNED FOR 'IN GOOD ORDER'.
The customer shall be bound to accept the products when they are tendered for delivery by Bedz4u or its business associates and delivery shall be deemed to take place when the products are tendered for delivery to the customer at the nominated address for delivery whereupon the risk of loss, breakage or any other damage whatsoever shall pass to the customer.
Damage in transit:
If goods arrive in a damaged condition you must make a note on the carrier's delivery consignment note and do not accept the goods. You must write on the Couriers documents damaged and refused delivery. It will be your responsibility to inform us within 24 hours from delivery.
It is the customers responsibility to sign for the correct number of packages as shown on the carrier's delivery consignment note. Any shortages must be noted on the consignment note and it will be your responsibility to notify Bedz4u within 24 hours of delivery.
The customer must notify Bedz4u of any goods supplied incorrectly within 48 hours of delivery. The goods must not be used and repackaged in the original packaging to protect them from damage. Bedz4u will arrange for collection of the goods and a replacement will be sent. Alternatively we may request that you return small items back to us by post and we will refund your postage costs. Replacement goods will be dispatched upon return and inspection of the original goods.
9. Risk and title
As soon as we have delivered the goods to your door you will be responsible for them. We will only deliver goods to the address on the order and goods will not be left without a signature. From the time of receipted delivery of the goods, any loss or damage to the goods shall be at your own risk. Any transit damage to the goods or any package number shortages must be noted on the delivery consignment note at the time of delivery.
Risk of damage to or loss of the Products shall pass to the customer upon delivery. If the customer wrongfully fails to take delivery of the Products, then risk of the Products shall pass to the customer at the time when Bedz4u tendered delivery of the Products.
Notwithstanding any other provision herein title to the Products shall not pass to the customer until the Bedz4u has received in cash or cleared funds payment in full for the Products and all other sums which are or which become due to Bedz4u from the customer on any account.
Bedz4u shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from Bedz4u.
The customer may not use or resell the Products before ownership has passed.
The customer grants Bedz4u 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.
If the customer receives goods but then requires an immediate exchange of the product for whatever reason, the customer is responsible for the goods until such time the goods are replaced. Unless specifically specified by Bedz4u, the customer shall not use the product. This is also the case for mattresses and pillows. Due to hygiene restrictions we are unable to exchange mattresses and pillows that have been slept on or used, even if a replacement has been arranged (unless this is due to a manufacture fault). Under these circumstances, the customer is liable for the cost of the replacement mattress and/or pillows and their delivery. The customer is advised to retain all original packaging for at least 7 days. If any products need to be returned to Bedz4u, for whatever reason, this must be in the original packaging. Bedz4u reserves the right to charge for extra transport packaging where the original packaging has been discarded. The cost of this will be determined by the amount of repackaging material used to make transportation of the goods safe.
10. Insolvency of Buyer
This clause applies if:
1) The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction) or...
2) An encumbrancer takes possession, or a receiver is appointed, of any of the property of assets of the Buyer, or...
3) The Buyer, not being a Consumer, ceases or threatens to cease, to carry on business, or...
4) The Seller reasonably apprehends that any of the events mentioned above is a about to occur in relation to the Buyer and/or notified the Buyer accordingly.
If the clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer. If the Products have been delivered but not paid for the Price shall become immediately due and payable, despite any previous arrangement or agreement to the contrary.
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.
Provided that if any event referred to in clause 11 continues for a period in excess of 30 days, the Buyer will be entitled to give notice in writing to terminate the Contract.
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.
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.
The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
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.
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 or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
13. The Buyer's Right of Cancellation
In accordance with the Regulations the Buyer has the right of cancellation within 14 days except where a Product is tailored to customer requirements and without fault.
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.
Once the Seller has been notified of the cancelling of the Contract, the Seller will refund the Buyer within 30 days back to the credit card used or by cheque to the billing address initially supplied for any sum that have been paid or debited from the Buyer's credit card for the Products. A 25% administration fee will be deducted from the total amount to be refunded to the buyer if the order has been processed for bespoke orders including mattresses and divan beds unless it is the Seller who cancels the order.
If the Buyer does not cancel the Contract in accordance with clauses 13, 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.
If the Seller has delivered the Products to the Buyer but the Buyer wants to cancel the Contract, the Buyer must retain possession of the Goods until the cancellation notice has been sent to the Seller within the relevant time limit.
Mattresses and pillows we supply are supplied in protective polythene bags for protection. For hygiene reasons, we are not able to accept the return of mattresses or pillows if they have been used. Mattresses that come vacuum packed, such as memory foam, cannot be returned if the hygeine seal has been opened and air has been introduced to the product. Any Products you wish to return cannot 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 within 14 days. The Buyer must take reasonable care to ensure that the Products are not damaged in the meantime or in transit and return them in the original packaging and condition they were delivered to the Buyer.
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.
14. Proper Law of Contract
The Contract shall be governed by the law of England and Wales and any dispute, question or remedy however-so arising shall be determined exclusively by the Courts of England and Wales.
15. Limitation of Liability
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.
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.
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.
16. Force Majeure
Bedz4u shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform any of Bedz4u’s obligations relating to the Contract if the delay or failure was due to any cause beyond Bedz4u's reasonable control, including but not limited to:
Acts of god, fire, explosion, epidemic, flood, war or other national emergency, riot, civil commotion, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), restraint or delays affecting carriers or inability or delay in obtaining supplies of adequate suitable materials (e.g fuel), import or export regulations or embargoes (including the failure of the Company's suppliers to obtain any necessary export permits, licenses or other authorisations). Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
Provided that, if any event referred to in clause 16 continues for a period in excess of 30 days, you shall be entitled to give us notice in writing to terminate the Contract.
17. Data Protection
“We do not store credit card details nor do we share customer details with any 3rd parties”
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.
Data protection registration(s) - Security number: CSN7519672
18. Complaints and disputes
If the Buyer has a complaint about the Goods or service, the Buyer should contact Bedz4u.co.uk, the Seller by:
1) Post: Please Send to the Address given in the definitions section at the top of this agreement.
2) Electronic e-mail
3) Telephone on 01274 317167
The Seller will try to respond in writing to the Buyer's complaint within 14 working days of receiving it.