|
|
Terms
and Conditions...
Carefully read these terms and conditions, which
will apply if you wish to proceed with the purchase
of any product from us. Bedskingdom.com may, at its
own discretion can change, modify, add or remove these
terms at any time. Please check these terms periodically
for changes.
| Supplier: |
|
| Supplier's Address: |
See clause 15.1 below |
| Description of goods: |
See clause 2.2 below |
| Price of goods: |
See "Contract Price" in Glossary below |
| Delivery costs: |
See "Delivery Costs" in Glossary below |
| Payment arrangements: |
See clause 5 below |
| Delivery arrangements: |
See clause 7 below |
| Your right to cancel the contract and procedure:
|
See clauses 3 & 4 below |
| Cost of using distance communication: |
You will pay the same price for the goods if
you purchase them from this website or the telephone
|
| Period for which the contract price remains
valid: |
See clause 5.1 below |
| Complaints procedure: |
See clause 12 below |
| After sales guarantee: |
See clause 9 and 10 below |
TERMS AND CONDITIONS OF SALE:
1. APPLICATION OF CONDITIONS
1.2 Unless otherwise agreed in writing, these conditions
shall apply to the exclusion of any other terms and
conditions.
1.3 Each order that you place shall be deemed
to be an offer by you to purchase the goods from BedsKingdom
subject to these conditions.
1.4 Each order that you place shall be deemed
to be accepted by BedsKingdom (and there will be no
binding contract between BedsKingdom and yourself) until
we issue a confirmation to you or (if earlier) we deliver
the goods to you, in accordance with clause 7.
1.5 If, for any reason, we do not accept your
order we will advise you as soon as practicable (and
there will be no binding contract between us).
1.6 You must ensure that:
1.6.1 The details you provide in the order are
complete and accurate; and
1.6.2 You provide us with all the necessary information
relating to the supply of the goods within a sufficient
time to enable us to perform the contract in accordance
with these conditions.
2. BASIS OF SALE
2.1 Subject to clause 3, we shall sell and you
shall buy the goods in accordance with the confirmation
2.2 The description of the goods shall be set
out in writing in the confirmation.
2.3 Any item that is not a bed (such as lamps,
headboards or tables) that appears in any photograph
or illustration on this site or in our brochures will
not form part of this contract. Such information is
for illustration purposes only, and may not be comprise
part of the goods.
2.4 Any specifications or advertising issued
by us 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 the goods.
2.5 Any typographical, clerical or other error
made on our website, in the confirmation on our invoice
to you, in our price list or any brochures or any documentation
issued by us shall be subject to correction without
any liability on the part of BedsKingdom.
3. BUYER'S RIGHT TO CANCEL THE CONTRACT
3.1 You may cancel the contract at any time during
the cancellation period by giving us written notice.
3.2 If you do not cancel the contract in accordance
with clause 3.1, you shall be deemed to have accepted
the goods (except any manufacturing faults) and will
not be able to return the goods to us.
3.2 The right to cancel in this clause 3.1 applies
only to contracts effected over the internet
4. IF THE BUYER CANCELS THE CONTRACT
4.1 Subject to clause 3, if we have delivered
the goods to you but you want to cancel the contract,
then you must retain possession and take good care of
the goods until you send your cancellation notice to
us. The goods cannot be used.
4.2 If you cancel the contract then:
4.2.1 You must retain possession of the goods
and take good care of them until such time as we collect
them from you;
4.2.2 You must make the goods available and accessible
for collection by us at a time when we will arrange
with you and confirm with you .
4.2.3 We shall reimburse you any money that you
have paid (by cash, cheque, or credit card) minus our
collection charge under the contract to the person by
whom payment was made as soon as practicable
4.3 If you have entered into a related credit
agreement to pay for the goods, then your notice to
cancel the contract under clause 3 will also cancel
the related credit agreement.
4.4 Once you cancel the contract:
4.4.1 You must give the goods back to us (and
keep the goods in your possession and take good care
of them until such time as we collect them from you);
4.4.2 We shall collect the goods from your premises
(being the premises that you have specified to us in
your cancellation notice) as soon as practicable.;
4.4.3 Within 60 days of receiving your cancellation
notice, we will send you a request to deliver up the
goods to us (this request may be given to you at the
time we collect the Goods from you.
4.5.1 Within 60 days of the day on which you
sent us your cancellation notice we give you notice
requesting you to deliver up the goods to us; and
4.5.2 You unreasonably refuse or fail to comply
with our request, then you must continue to keep the
goods and take good care of them until such time as
you give the goods back to us.
4.6 We prefer to collect the goods back from
you when you cancel the contract.
If, however, you decide to deliver the goods back to
us yourself then you must:
4.6.1 Deliver the goods to our address
4.6.2 Take good care to ensure that the goods
are not damaged in transit; and
4.6.3 Pay any costs of delivery or our collection
4.7 If you give the goods back to us and they
are damaged (and the damage is not the result of our
actions or negligence) then you must pay what we consider
to be a reasonable amount for the damage. That amount
will not exceed the price for the goods. We will issue
you with an invoice for the damage and you must pay
that invoice on the date specified in the invoice (or
if no date is specified, then 21 days from the date
of the invoice).
You must pay for the damage out of the money that we
are required to reimburse to you under clause 4.2.3
4.6.4 Goods cannot be returned if the customer
has used the goods.
SPECIAL SIZE (TAILOR MADE) PRODUCTS. Once an order has
been received and payment taken for special sizes we
do not refund for cancellations.
5. PRICE
5.2 The contract price for the supply of the
goods shall be as set out in the confirmation.
5.3 If we make an error in the confirmation or
any invoice or any receipt we will correct that error
within 60 days of being notified of any error.
6. PAYMENT
6.1 You must pay the contract price to us at
the Address no later than the payment date.
6.2 You shall pay the contract price without
any deduction whether by way of set-off, counterclaim,
discount, abatement or otherwise unless you have a valid
court order requiring an amount equal to such deduction
to be paid to us by you.
6.3 Time for payment shall be of the essence.
6.4 No payment shall be deemed to have been received
until BedsKingdom has received cleared funds. If you
intend to pay for the goods using credit or debit card,
then we shall clear your transaction at the time of
you placing your order, before we dispatch the goods
to you.
6.5 If you fail to pay the contract price on
the payment date then, without prejudice to any other
right or remedy available to us, we shall be entitled
to charge you interest on such sum from the due date
of payment a the annual rate of X% per annum X accruing
on a daily basis until payment is made, whether before
or after any judgment. BedsKingdom may claim interest
under the Late Payment of Commercial Debts (Interest)
Act 1998 until payment in full is made.
7. DELIVERY
All delivery charges displayed on our web site are guide
lines. Final delivery charges will be confirmed before
dispatch and process of order
7.1 Unless otherwise agreed in writing by you
and BedsKingdom, the delivery of the goods will take
place:
7.1.1 At the address you have specified in the
order; and
7.1.2 Within 30 days after the day on which BedsKingdom
receive the goods from our suppliers
7.2 Provided that we deliver the goods at the
address you have specified in the order (or any other
address agreed by us in writing) then the goods will
be deemed to have been delivered and BedsKingdom will
not be liable to you for non-delivery of the goods.
We do not have to satisfy ourselves that the person
who accepts delivery at the given address is you (or
authorised by you to accept delivery of the goods).
7.3 If the goods you have ordered are not available
or discontinued we are unable to deliver them to you
within the 60 days (or any other time limit agreed by
the parties) we shall:
7.3.1 Inform you of this;
7.3.2 Cancel the contract
7.3.3 Reimburse any sum you have paid (or which
has been paid on your behalf) under the contract to
the person by whom payment was made no later than 60
days after the due date for delivery of the goods under
the contract.
7.4 Subject clause 7.1, any dates and times quoted
for delivery of the goods are approximate only. The
goods may be delivered to you in advance of any quoted
date upon giving you reasonable written notice.
7.5 BedsKingdom will not be liable to you 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 (even if caused
by our negligence).
7.6 Any liability of BedsKingdom for non-delivery
of the goods shall be limited to replacing the goods
within a reasonable time or issuing a credit note at
the pro rata contract rate against any invoice raised
for such goods.
7.7 The quantity or content of any consignment
of goods as recorded by BedsKingdom upon dispatch from
the address shall be conclusive evidence of the quantity
or content received by you on delivery unless you can
provide conclusive evidence proving the contrary.
7.8 We reserve the right to suspend future deliveries
of goods and cancel any contracts with you and your
right to possession of the goods shall terminate immediately
if you:
7.8.1 Have a bankrupts order made against you
or make an arrangement or composition with your creditors;
7.8.2 Convene a meeting of creditors or enters
into liquidation (whether voluntary or compulsory),
except a solvent voluntary liquidation for the purposes
only of reconstruction or amalgamation.
7.8.3 Have a receiver and / or administrator
or administrative receiver appointed of its undertaking
or any part thereof.
7.8.4 Pass a resolution or you are served with
a petition for the winding up of for the granting of
an administration order in respect of you.
7.8.5 Have proceedings issued against you in
relation to your insolvency or potential insolvency
7.8.6 Suffer or allow any execution to be levied
on your property or obtained against you.
7.8.7 Fail to observe / perform any of your obligations
under the Contract or any other contract between BedsKingdom
and yourself.
7.8.8 Are unable to pay any debts within the
meaning of section 123 of the Insolvency Act 1986.
7.8.9 Cease to trade; or
7.8.10 Encumber or in any way charge any of the
goods.
7.8.11 Goods delivered by BedsKingdom or by a
third party contracted to undertake delivery on our
behalf to you are delivered only to inside the customer’s
doorstep. If the customer requests that the bed is taken
upstairs and any damage to fixtures, fittings (such
as lampshades, tables etc.) or the structure of the
house i.e. plasterwork or brickwork occurs, the customer
undertakes not to hold BedsKingdom, it’s employees or
sub-contractors responsible for any such damage should
it occur. Such an action is undertaken solely on the
individual customer's own responsibility.
8. RISK AND TITLE
8.1 The goods shall be at your risk from the
time of delivery at the delivery place and if you wrongfully
fail to take delivery of the goods, then risk of the
goods shall pass to you at the time when we tendered
delivery of the goods.
8.2 Despite delivery and the passing of risk,
ownership in the goods shall not pass to you until we
have received in full (in cash or cleared funds) all
sums due to us in respect of:
8.2.1 The goods; and
8.2.2 All other sums which are or which become
due to us from you on any account.
8.3 Until ownership of the goods are passed to
you, you must:
8.3.1 Hold the goods on a fiduciary basis as
our bailee
8.3.2 Store of hold the goods (at no cost to
us) separately from all of your other goods or those
of any third party in such a way that the goods remain
readily identifiable as BedsKingdom’s property.
8.3.3 Not destroy, deface or obscure any identifying
mark or packaging on or relating to the goods and
8.3.4 Maintain the goods in a satisfactory condition
and take reasonable care of them.
8.3.5 Keep the goods insured on our behalf for
their full price against all risks to our reasonable
satisfaction and upon request from us you shall produce
the policy of insurance to us and
8.3.6 Hold the proceeds of the insurance referred
to in condition 8.3.5 on trust for BedsKingdom and not
mix them with any other money, nor pay the proceeds
into an overdrawn bank account.
8.4 You may not use or resell the goods before
ownership has passed.
8.5 We shall be entitled to recover payment from
you for the goods notwithstanding that ownership of
any of the goods has not passed from us.
8.6 You grant us and our agents and employees
an irrevocable license at any time to enter any premises
where the goods are or may be stored in order to inspect
them, or, where your right to possession has terminated,
to recover them, and to use reasonable force in doing
so.
9. WARRANTIES
9.1 We will endeavour 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. FORCE MAJEURE
11.1 BedsKingdom 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 BedsKingdom’s obligations relating to the contract,
if the delay or failure was due to any cause beyond
BedsKingdom’s reasonable control including, without
limitation:
11.1.1 Acts of God, fire, explosion, epidemic
or flood;
11.1.2 War or national emergency;
11.1.3 Riot, civil commotion, lock-outs, strikes
or other labour disputes (whether or not relating to
either party’s workforce);
11.1.4 Restraint or delays affecting carriers
or inability or delay in obtaining supplies of adequate
suitable materials;
11.1.5 Import or export regulations or embargoes
(including the failure of the company’s suppliers to
obtain any necessary export permits, licences or other
authorisations);
11.1.6 Acts, restrictions, regulations, bye-laws,
prohibitions or measures of any kind on the part of
any governmental, parliamentary or local authority.
11.2 Provided that, if any event referred to
in clause 11.1 Continues for a period in excess
of 30 days, you shall be entitled to give us notice
in writing to terminate the contract.
12. COMPLAINTS AND DISPUTES
12.1 If you should have a complaint about the
goods or our service, you should contact us by:
12.1.1 Post sent to the address
12.1.2 Electronic mail to sales@bedskingdom.com
or
12.1.3 Talk to an executive on Call Free No.
0800-435734
12.2 We will endeavor to respond in writing
to your complaint within 14 working days of receiving
it. Our response will tell you.
12.2.1 The course of action we propose in response
to your complaint.
12.2.2 The estimated time of dealing with your
complaint, and
12.2.3 The contact details of a person at BedsKingdom
who will be handling your complaint.
12.3 Within 14 days of our response under clause
12.2, we shall inform you of our substantive response
to the complaint and our proposal for resolution. If
you are not content with our proposal, you may elect
to have your complaint reviewed by a senior executive
of BedsKingdom, who will review your complaint and respond
substantively within a further 21 days.
13. ASSIGNMENT
13.1 You shall not be entitled to assign the
contract or any part of it without our prior written
consent.
13.2 We may assign the contract or any part of
it to any person, firm or company.
14. GENERAL
14.1 BedsKingdom owns the copyright in and operates
this website. Any photographs displayed on our website
have been reproduced by BedsKingdom with the permission
of the copyright owner. You may not copy, reproduce,
republish, upload, post, transmit or distribute any
material from this website in any way without BedsKingdom’s
express written permission. All trade marks, service
marks and trade names are the property of BedsKingdom
(or are used with the permission of the trademark owner).
Infringement of any copyright or trademarks on this
website may lead to legal action against the infringer.
14.2 Each right or remedy of BedsKingdom under
the contract is without prejudice to any other right
or remedy of BedsKingdom whether under the contract
or not.
14.3 If any provision of the contract is found
by any court, tribunal or administrative body of competent
jurisdiction to be wholly or partially illegal, invalid,
void, voidable, unenforceable, or unreasonable it shall
to the extent of such illegality, invalidity, void
ness,
void ability, unenforceability, or unreasonableness be
deemed severable and the remaining provisions of the
contract and the remainder of such provision shall continue
in full force and effect, provided the overall effect
of the contract is more or less the same.
14.4 Failure or delay by BedsKingdom in enforcing
or partially enforcing any provision of the contract
will not be construed as a waiver of any of its rights
under the contract.
14.5 Any waiver by BedsKingdom of any breech
of, or any default under, any provision of the contract
by the buyer will not be deemed a waiver of any subsequent
breech or default and will in no way affect the other
terms of the contract.
14.6 The parties to this contract do not intend
that any term of this contract will be enforceable by
virtue of the contract (Rights of Third Parties) Act
1999 by any person that is not a party to it.
14.7 The formation, existence, construction,
performance, validity and all aspects of the contract
shall be governed by English law and the parties submit
to the non-exclusive jurisdiction of the English courts.
15. PRIVACY AND SECURITY POLICY
15.1 You may visit this website and access the
public information while remaining anonymous and not
revealing any personal information.
15.2 We may record details of the domains from
which users visit this site and analysis the data to
assess trends, statistics and customer’s needs. Information
and data may be automatically collected through cookies.
Users should familiarize themselves with the operation
of cookies. Most browsers are initially set up to accept
cookies. If you prefer you can set yours to refuse cookies.
15.3 If you wish to make an online purchase from
us, then you will be required to provide certain personal
information as a prerequisite of being able to place
an order. We will only ask you for as much information
as we need to process your order and perform the contract.
That information will be:
15.3.1 Retained by BedsKingdom for as long as
it is needed to perform the contract; and
15.3.2 Kept secure in accordance with the requirements
of the Data Protection Act 1998 (as amended).
15.4 We shall not transfer any of your information
outside of the European Economic Union.
15.5 You may contact us at any time for access
to your information in order to ensure that the information
is correct and up to date.
15.6 At the time of placing your order you may
give your consent to us:
15.6.1 To contact you by electronic mail in relation
to the supply of the goods.
15.6.2 To provide you with details of products
which we consider to be of interest to you. If you do
not give your consent, then we will not send you any
such information. If at ant time you wish to withdraw
your consent, you should notify us immediately in writing.
15.7 In accordance with our security policy,
we shall use our reasonable endeavors to ensure that:
15.7.1 Our ordering system is on a secure server
and is encrypted to prevent any security breech;
15.7.2 Any information you send to us (personal
information or credit card details) is kept secure and
cannot be intercepted by a third party; and
15.7.3 Any equipment at our Address is kept secure
to avoid any tampering or unauthorized use of your information.
GLOSSARY
"BedsKingdom", "we", "us": BedsKingdom.Com
"Buyer", “you”: the person (s), firm or company who
purchases the goods from BedsKingdom
"Cancellation Period": period starts on the day on which
we issue a confirmation to you (or, if earlier, we deliver
the goods to you) and ends 7 working days from the day
after the goods are delivered to you.
"conditions": Written acceptance of your order (by electronic
mail or otherwise) that we will issue to you as soon
as practicable after receiving your order.
"contract": Any contract between yourself and BedsKingdom
for the sale and purchase of the goods incorporating
these conditions, whether effected by electronic mail
through this website, or otherwise.
"Contract Price": The price for the sale and delivery
of the goods as specified in the confirmation and which
is the sum of:
a. The price of the goods
b. The Delivery Costs (if any)
c. Any value added tax payable on the above
"Delivery Costs": All goods (see delivery pages on this
web site )
goods are to be delivered outside the United Kingdom,
then the delivery costs will be all costs or charges
in relation to the delivery of the goods (including
loading, unloading, insurance and carriage.)
"Delivery Place": Address for delivery as specified
by you in the Order.
"Goods": Any bed (s) including any part (s) or accessories
supplied to you by BedsKingdom.
"Related Credit Agreement": An agreement under which
fixed sun credit is granted by BedsKingdom (or by another
person under an arrangement between that person and
BedsKingdom) to fully or partly pay the contract price.
I accept that the above conditions will govern any purchase
I make from BedsKingdom (unless the conditions are modified
by BedsKingdom in writing).
|
| |
|