1. Business
All orders are subject to our full
terms and conditions (below). Nothing in these conditions affects
your statutory rights as a consumer.
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| 1.
Definitions
1.1. "Buyer"
means the person who buys or agrees to buy the Products from
the Seller.
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. "Delivery date" means the date
specified by the Seller when the Products are to be delivered.
1.4. "Products" means those goods
specified.
1.5. "Price" means the price for
the Products including carriage, packing and VAT. 1.6. "Delivery
date" means the date specified by the Seller when the Products
are to be delivered.
1.6. "Seller" means BedMark
1.7. "Consumer" shall bear the meaning
ascribed in section 12 Unfair Contract Terms Act 1977.
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2. Conditions
applicable
2.1. Nothing in
these conditions shall affect the buyer's statutory rights as
a consumer.
2.2. The Seller shall sell and the Buyer shall
purchase the products in accordance with any written quotation
of the Seller which is accepted by the Buyer, or any written or
verbal order of the Buyer which is accepted by the Seller including
but not limited to orders placed using the Seller's electronic
online ordering service, subject in any case to these conditions,
which shall govern the contract to the exclusion of any other
terms and conditions subject to which any such quotation is accepted
or purported to be accepted, or any such order is made or is purported
to be made, by the Buyer.
2.3. Any typographical or clerical or other 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.
2.4. If any provision of these conditions is
adjudged invalid or unenforcable 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.
2.5. If the Seller does not have sufficient stock
to be able to deliver the goods ordered by the Buyer then any
sum paid by the Buyer will be refunded or re-credited to your
account and the Seller will notify you at the address given by
you in your order form. The refund will be made as soon as possible
and, in any event, within 30 days of your order and the Seller
will not be obliged to offer any compensation for disappointment
suffered.
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3.
The price and payment
3.1. Save as
provided otherwise herein the Price shall be that as stipulated
in the Seller's published price list current at the date of
order of the Products. Any 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.
3.2. Payment of the Price shall be due at the
date of the order. Time for payment shall be of the essence.
If the Buyer does not pay the Price on notification of shipment
the Seller may bring an action for the Price even though property
in the Products has not been passed to the Buyer. If the Buyer
fails to make payment as required the Seller may suspend delivery
of the Products or any further Products ordered until payment
is made in full.
3.3. Interest on overdue invoices shall accrue
from the date when payment becomes due from day to day until the
date of payment at the rate of 2% above Barclays Bank Plc's base
rate from time to time in force and shall accrue at such a rate
after as well as before any judgement.
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4.
The Products
4.1. The quantity
and description of the Products shall be set out in the Seller's
quotation.
4.2.The Seller may make any 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.
4.3.Photographs are for illustrative purpose
only, and may not exactly match the product itself.
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| 5.
Warranties and liability
5.1. All goods
supplied by the Seller come with a manufacturer's warranty of
at least 12 months.
5.2. The Seller shall provide the Buyer with
such information as is required to claim under the manufacturer's
warranties. In the event of a claim, the Buyer shall in the
first instance contact the Seller's customer service department.
5.3. The Seller does not provide any warranty
cover against defects in his own right.
5.4. Except where the Buyer acts as a Consumer
all other warranties, conditions and terms relating to fitness
for purpose, satisfactory quality or conditions of the products
whether implied by statute or common law or otherwise are excluded
to the fullest extent of the law.
5.5. Insofar as is permitted by law, our only
liability to you under these terms and conditions will be, at
our sole discretion, to make good any shortage or non-delivery,
to replace or repair any goods which are received by you in
a damaged or defective state or to refund to you any sums actually
paid by you for the goods in question. We will not be liable
to you for any indirect or consequential loss or damage arising
out of any problem you notify to us and will have no liability
to you for any failure or delay in delivering goods or any damage
or defect in goods delivered which is caused by any event or
circumstance which is beyond our reasonable control. Nothing
in this Clause 5 affects your statutory rights as a consumer.
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| 6. Delivery, Returns and Cancellations
6.1. Delivery
of the products shall be made by the Seller or his agent notifying
the Buyer that the products are available for collection at
the Sellers premises or for delivery to such place as the Buyer
may specify at the time the order is placed.
6.2. The Seller shall use his reasonable endeavours
to meet any date agreed for delivery.
6.3. In any event time of delivery shall not
be of the essence.
6.4. The Seller shall not be liable for any
delay in delivery howsoever caused.
6.5. All orders for delivery to addresses within
mainland GB are delivered free of charge, except to AB, IV,
KW, SA, TR, and PL postcodes where there will be a small additional
charge which will be advised prior to order confirmation.
6.6. For delivery to Northern Ireland, Isle
of Man, Isle of Wight, Scottish Islands and Channel Islands
we will deliver free to a nominated mainland GB address e.g.
a port. Onward shipping from that point is the responsibility
of the customer.
6.7 .Generally, where an order contains more
than one item all items will be delivered at the same time once
all items are available.
6.8. Where a delivery date has been agreed
with our carrier but the customer isn't present to receive the
delivery we reserve the right to charge the customer a minimum
of £40 to cover part of the cost of the failed delivery.
6.9. An order may be cancelled at
any time between the placement of the order and 14 days following
delivery of the goods. If the Buyer is dissatisfied with his
purchase for any reason he may, within fourteen days of delivery,
contact the Seller's customer service department to notify them
that he wishes to return some or all items from his order. The
Buyer can either arrange to return the goods himself to the
Supplier at his own cost or he may ask the Seller to collect
the goods in which case he will be charged £40 collection
charge which will be deducted from his refund. Goods must be
returned to the Seller in the same condition they were in at
the time of delivery to the Buyer and in their original packaging
or similar. Items which are not adequately packaged at time
of collection may not be collected and a charge of £40
may be levied to cover cost of failed collection. Refunds will
be issued within 30 days of receipt of goods and after we have
inspected them for damage. We reserve the right to withhold
all or part of your refund if items are returned damaged.
6.10. Please note that any retuned items (unless
by prior agreement) will attract a 20% cancellation/returns/restocking
fee unless the order is cancelled more than 2 working days before
the arranged delivery.
6.11.Mattresses can only be returned if they
are unopened. Mattresses which have been opened and slept on
cannot be returned. If you wish to test a mattress please keep
it wrapped until you are sure you want to keep it.
6.12. We do not deliver on weekends or bank
holidays.
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7. Acceptance
of the products
7.1. 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.
7.2. After acceptance the Buyer shall not be
entitled to reject Products which are not in accordance with the
contract.
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8. Title
and risk
8.1. Risk of damage
to or loss of the Products shall pass to the Buyer upon delivery.
8.2. Notwithstanding any other provision herein
title in the Products shall not pass to the Buyer until the Seller
has received in cash or clear funds payment in full.
8.2. The Buyer shall not be entitled to pledge
or in any way charge by way of security for any indebtedness any
of the Products which remain the property of the Seller, but if
the Buyer does so all moneys owing to the Seller shall (without
prejudice to any other right or remedy on the Seller) immediately
become due and payable.
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| 9.
Insolvency of buyer
9.1. This clause
applies if:
- 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 purposes of amalgamation or reconstruction) or
- An encumbrancer takes possession,
or a receiver is appointed, of any of the property or assets
of the Buyer, or
- The Buyer, not being a consumer,
ceases, or threatens to cease, to carry on business, or
- The Seller reasonably apprehends
that any of the events mentioned above is about to occur in
relation to the Buyer and notifies the Buyer accordingly.
9.2. 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, and if the Products have been delivered
but not paid for the Price shall become immediately due and payable
that despite any previous arrangement or agreement to the contrary.
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10. General
10.1. 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 its reasonable control, including but not limited to strikes,
lock outs, accidents, war, fire, reduction in or unavailability
of power at the Seller's premises or its manufacturing plant,
breakdown of plant or machinery or shortage or unavailability
of raw materials from a natural source of supply, and the party
shall be entitled to a reasonable extension of its obligations.
10.2. 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 registered office or in the case of notices
to the Buyer, at the Buyer's address as provided to the Seller.
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11. Headings
11.1 The headings
of the Clauses in these conditions are intended for reference
only and will not affect the construction of these conditions.
11.2 Representations:
No statement, description, warranty condition or recommendation
contained in any catalogue, price list or 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.
11.3 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.
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12. Proper law of contract
12.1.This Contract shall be governed
by the law of England and Wales and any dispute, question or remedy
howsoever arising determined exclusively by the Courts of England
and Wales.
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