Terms and Conditions
Please read the terms in full before you use this Website. Any Order placed for Goods through this Website will be placed subject to these Terms and Conditions. We do occasionally update these terms so please refer back to them in the future. These Terms and Conditions apply to online transactions only and do not apply to any purchases made at exhibitions or in store.
DISCLAIMER We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website or the availability of any Goods at any given time. We may make changes to the material on this Website at any time and without notice. Nothing in these Terms and Conditions shall be construed so as exclude or limit any statutory right which cannot be excluded under the terms of the Consumer Contracts Regulations 2013 or the Consumer Rights Act 2015 or any updates or statutory re-enactment thereof.
1.1 “Buyer” or |You (as the context requires) means the person who buys or agrees to buy the goods from the Company.
1.2 “Terms and Conditions” means the terms and conditions of sale set out on this website and any special terms and conditions agreed in writing by the Company.
1.3 “Delivery Date” means the date specified by the Company when the goods are to be delivered.
1.4 “Goods” means the articles which the Buyer agrees to buy from the Company.
1.5 “Price” means the price for the Goods excluding carriage, packing, insurance and VAT.
1.6 “Company” or we (as the context requires_ means Bespoke Bedz Ltd (registered in England under number 9512705).
1.7 “Order means an Order for Goods placed under these Terms and Conditions.
2. Terms & Conditions Applicable
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the buyer may purport to apply under any purchase order confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by a Director of the Company.
3. Price and Payment
3.1 Prices shown on the website are inclusive of VAT which shall be due at the rate ruling on the date of the Order
3.2 Full payment of the price and VAT (unless a VAT zero rated price is applicable) shall be made to the Company in order to enable processing of the Order.
3.3 You may pay for your order by debit or credit card (most cards accepted), or by bank transfer (details will be provided on request). If using a debit or credit card, then the delivery address must match the address registered to the debit/credit card The Company will under no circumstances accept cash sent via the postal system and accepts no liability for any losses incurred in relation to any purported cash payments.
3.4 We will not dispatch any Order until payment has been received unless we agree otherwise in writing or the Order is subject credit terms.
3.5 We are also able to offer limited credit terms which are regulated by the instalment exemptions of The Financial Conduct Authority. No administration fees or interest will apply and there are no hidden charges to pay.
3.7 Deposits are variable depending on your chosen bed, however instalments can be made over a period of no longer than 12 months and at no more than 12 payments and must be of a fixed amount.
3.8 Deposits and regular fixed instalment amounts can be tailored to suit individual needs and these can be discussed on credit application. Representative credit terms are shown on the website www.bespokebedZ.co.uk and are subject to change. Credit facilities are not available to online purchases, to arrange credit please call us on 01482 370004.
4. The Goods
4.1 We have made every effort to display as accurately as possible the colours of our products that appear on the website. Colour images are a ‘likeness to the colour’. However, as the colours you see will also depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery. The description of the goods will be as specified within the Order and it is the Buyer’s responsibility to check that the Goods specified are as the Buyer intended to order. The Company may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose or description of the Goods. All sizes given are approximate and the Buyer should make sure that the goods will fit into the delivery address. The normal bed and mattress sizes (i.e. 70x140cm Toddler, 90x190cm Single and 135x190cm Double) refer to the sleeping surface only and the Buyer should check the overall dimensions given for each product. Adjustable beds will have the approximate length of 6’6”. There may be certain items included in the illustration of a product which are not part of the product and are not included in the product description and are not part of the order (i.e. bedside tables, bedcovers) If you wish to purchase more than 1 adjustable bed, then we may insist giving an in-home demonstration of the required bed. This would be a free no-obligation service and in these circumstances you right to cancel under s29 of the Consumer Contracts Regulations 2013 would not apply.
5. Warranties and Liabilities
5.1 The Company warrants that the Goods will be of satisfactory quality, correspond with their specification and be fit for the purpose for which they are intended at the time of delivery. Beds and Mattresses are guaranteed for normal usage for a period of 12 months from the date of purchase. In case of a replacement product, we will endeavour to provide an equivalent product but reserve the right to substitute an alternative product to the nearest quality. This warranty only applies to claims in respect of manufacturing defects that mean that the Goods do not comply with the above warranties. It does not include damage resulting from improper or abnormal use for example but not exhaustively
• Misuse or wrong treatment or incorrect use
• Wear or discolouration of ticking and threads
• An insufficiently ventilated or damp room
• A badly ventilated or unsuitable base
• Urine, bloodstained or accidental soiling
• Excessive wear and tear
5.2 .Sundry items e.g. light bulbs, batteries etc. or items which were free of charge with the sale, do not fall under the warranty
5.3 If the Goods do not comply with the Warranty set out at clause 5.1 of these terms and Conditions the Buyer will have the following rights:
1. The right to a repair or replacement of the Goods in question. The Company will repair or replace the Goods within a reasonable time and without significant inconvenience to the buyer.
If the Goods cannot reasonably be replaced because the Goods re no longer available or the cost of replacing them is disproportionate to exercising an alternative remedy then the Buyer may exercise any of the following rights:
2. The short term right to reject; The Buyer may exercise this right within 30 days of the delivery or installation of the Goods. In these circumstances the Buyer will be entitled to a full refund of the monies paid to the Company and the reasonable costs of returning them. OR
3. The right to a price reduction of an appropriate amount (where this is possible and subject to ss 24 (4) of the Consumer Rights Act 2015 OR
4 the right to finally reject the Goods in which case the any refund to the Buyer may be reduced by a deduction for use the Buyer had of the Goods unless the right to reject is made with in the first 6 months from the date of delivery or installation
5.4 The Company will be under no liability to repair or to replace a product in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s reasonable instructions, misuse or alteration or repair of the Goods without the Company’s written approval.
5.5 The Company shall not be bound by any written or oral description or representation made by any of its employees or agents (other than any description or representation contained in printed material produced by the Company and given to the Buyer) and no such description or representation shall give rise to rights or claims of any kind.
5.6 No representation is made that the Goods will provide any particular medical or health benefit to the Buyer.
5.7 If any Goods t are moved from where it was first delivered and installed, then the guarantee becomes invalid, unless the moving to a new location has been carried out by the Company or an authorised agent acting on behalf of us; please phone Bespoke Bedz Ltd Beds for a quote.
5.8 This Warranty is only valid for products delivered and remaining in mainland UK.
5.9 The Warranty is from the date of delivery.
6. Delivery and Installation
6.1 Delivery of the Goods shall be made to the Buyer’s address on the arranged delivery date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Delivery time: 1 - 6 weeks.
Delivery is Monday till Friday only. When goods are ready for delivery, but you are unable to take delivery within 3 weeks after we have informed you that they are ready for delivery, then a non-refundable holding fee of £30 per week will be chargeable.
Delivery is to UK mainland only. A charge of £55 is made for delivery of your goods in mainland UK within a 75 mile radius of our postcode HU1 3AJ. If you wish your order to be delivered outside the 75 mile radius we will be happy to provide you with a personal delivery quotation. We can install the product for a one off charge of £20 at the time of delivery on the condition that there is sufficient access to handle the products without causing damage, and that the area you want the Goods to be installed is cleared.
The delivery team will unpack your furniture, install it in the room of your choice and can remove all packing material from your home. If there is not sufficient/ no easy access, then delivery will be ‘front door only’ and it will the Buyer’s responsibility to assemble the Goods. The Company Ltd will not be held responsible for any damage incurred due to inadequate access.
Delivery will only be made to the delivery address specified on the original order. If this delivery is a business address, then we will deliver to that business address at your request, but stress that if instructed to do so, the credit card used in the transaction must be officially registered to that address.
You agree that any adult situated at your business address or any delivery address stated in the Order has your written authority to accept goods on your behalf. We will accept no responsibility for goods once they have been delivered to and signed for at the requested address. Delivery will be deemed to have taken place when the Goods have been delivered to the agreed address. If delivery to the agreed address entails parking charges/ congestion charge, then this will be added to the delivery charge.
Where the Goods cannot be delivered on the day arranged due to the fault of the Buyer, we retain the right to charge a further £55 (or more if the delivery address is outside the 75 miles radius of HU1 3LX) for re-delivery to cover costs incurred. Unfortunately, we are not able to take away your old furniture.
A special delivery rate applies to customers who have a Hull
(UK) post code, starting with 'HU' are entitled to free delivery
7. Risk and Property.
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, at the time when the Company has tendered delivery of the Goods.
7.1 Property in the Goods shall not pass to the Buyer until the
Goods have been paid for in full
8. Proper Law of Contract
8.1 This contract is subject to the law of England and Wales the Buyer and Company submit to the exclusive jurisdiction of the English Courts.
9. Notice of Cancellation Rights
9.1. The Buyer has the right to cancel the Order within 14 day without giving any reason. The cancellation period will expire after 14 days from delivery of the Goods. You must inform us in writing of your wish to cancel the order before the expiry of the Cancellation period .If you cancel this Order the Company will reimburse to you all payments received from you including the costs of delivery at our standard rates within 14 days of the receipt by us of the returned Goods. We can only reimburse you using the same method of payment as you used for the initial transaction. PLEASE NOTE This cancellation right only applies to an Order that has:
1) Not been custom made to the customer's specification or
2) Not been examined in one of our showrooms/ on our stand display at an exhibition. Please take note of the items which are non-returnable (as described below). Distance selling regulations do not apply to any beds once they have been assembled and mattresses if they have been unsealed. Due to their intimate nature any beds or mattresses, toppers, pillows, duvets etc. that have been unsealed will be deemed used for health and safety reason, and they cannot be returned unless they are defective Custom made products (e.g. when ordering, you indicate a special height to the top of the mattress) are not subject to the right of cancellation, and you will not be able to cancel the order once it has been processed. We do not sell from stock and when goods on your order are made specifically to your specifications and/ or personalised, then it will not be possible to cancel and return the goods unless they are defective. We recommend that you make full use of our sales team for advice prior to purchase. If goods arrive in a damaged or faulty condition you must inform us within a reasonable time . We shall arrange collection of the goods (other than used goods) and will replace the goods at no extra charge. The buyer must retain the Goods and take good care of them until they are collected by us Ltd or our agents. The goods must be returned in its original packaging, in ‘as new’ condition. If after deliver the goods are moved to a new address these terms & conditions will not apply unless the Products were moved and or installed and moved by the Company, or we have otherwise authorised their removal
10. Returns policy
Due to their intimate nature any beds or mattresses, toppers, pillows, duvets, that have been unsealed will be deemed used for health and safety reason. Therefore they cannot be returned for any reason other than manufacturing fault. Returned/ collected goods: If we discover that a product you have returned to us on the basis that it was damaged or faulty is not in fact damaged or faulty, we may: return it to you and no refund will be made. If you make available returned products to us in a soiled or damaged state, we may refuse to collect or take away those products. Following collection or return, should Goods be found to be damaged (not in their original condition) and the damage is not the result of our actions or negligence, we will deduct a reasonable amount from the refund to cover such damage (such amount not to exceed the price of the Goods). We reserve the right to re-deliver those products to you and/or to require payment in full from you for those products and you hereby authorise us to collect all sums required for us to effect payment in full using the debit/credit card details provided to us at the time of placing your order.
11. Non-Acceptance of orders by us
11.1 We can refuse to accept or process any Order in our absolute discretion, including, without limitation, if;
11.1.1 there is a pricing or description error when the order is placed which is obvious and unmistakable 11.1.2 your payment is refused;
11.1.3 We do not have sufficient stock to deliver the product you have ordered;
11.1.4 We do not deliver to the area in which your delivery address is located; and/or
11.1.5 It is not possible or practical for us to deliver to, or we have any other concerns with, the delivery address that you have given us.
11.2 If we refuse to accept an order in accordance with this Clause 11, we will not be obliged to offer any compensation for loss or disappointment suffered by you. We reserve retains the right to investigate any order placed on this website that it suspects to be fraudulent, any such order will not be delivered until we are satisfied that the order is bona fide. Should we Ltd be unable to satisfy ourselves that an order is bona fide or to contact the Buyer, then the monies will be refunded to the original card used to place the order and the order will be cancelled.
Copyright Notice All content appearing on this Web site is the property of: Bespoke Bedz Copyright © 2015 Bespoke Bedz. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2015 Bespoke Bedz. All rights reserved.
Version 1.0 September 2015 Sandersons Solicitors Limited