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This page contains information on the terms and
conditions for purchases from Classic Bed Company Limited, trading
as classicbedsteads.co.uk. |
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These terms and conditions apply to the purchase
of any goods/ products from Classic Bed Company Limited. By
accessing our website and or/ placing an order you agree to
be bound by all of the terms, conditions and policies set out
below or within the website. Nothing in these conditions affects
your rights as a consumer. |
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Please read these terms and conditions carefully
before placing your order with Classic Bed Company Limited.
Classic Bed Company Limited, at its discretion, may change,
modify, add or remove these terms and conditions at any time
and therefore it is important to read these each time you make
a purchase order. |
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Contents of the terms and conditions: |
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1. Definitions
2. Application of conditions
3. Basis of sale
4. Price and payment
5. Description of Products
6. Warranties and liabilities
7. Delivery
8. Acceptance of the Product(s)
9. Risk and Title
10. Insolvency of Buyer
11. General
12. Headings
13. The Buyer's right of cancellation
14. Proper law of Contract
15. Limitation of liability
16. Data protection
17. Complaints and disputes |
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Standard conditions of sale: |
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Definitions |
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1.1 |
"Buyer" means the person who buys or
agrees to buy the Products/ Goods from the Seller. |
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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. |
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1.3 |
"Seller" means Classic Bed Company
Limited. |
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1.4 |
"Delivery date" means the date specified
by the Seller when the Products are to be delivered. |
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1.5 |
"Products" means those goods specified. |
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1.6 |
"Price" means the price for the Products
including delivery, packing and VAT. |
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1.7 |
"Regulations" refers to The Consumer
Protection (Distant Selling) regulations 2000 ("The Buyer's
right to cancel"). |
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1.8 |
"Tailored" means a Product that is
non-standard. |
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1.9 |
"Address" refers to the address for
Classic Bed Company Limited. The address is:
Classic Bed Company Limited, Unit 7 - 8, Joseph Wilson Industrial
Estate, Millstrood Road, Whitstable,
Kent, CT5 3PS |
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1.10 |
"Consumer" shall bear the meaning given
in Section 12 Unfair Contract Terms Act 1977. |
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1.11 |
"Contract" refers to any contract between
the Buyer and Classic Bed Company Limited for the sale and purchase
of Products incorporating these conditions, whether completed
electronically through this website or via other means. |
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1.12 |
"Delivery Place" refers to the delivery
address as specified by you, the Buyer, in the Order. |
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1.13 |
"Order" refers to your offer, as the
Buyer, to purchase Products that you place with Classic Bed
Company Limited, whether electronically or via other means. |
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Application of conditions |
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2.1 |
Unless otherwise agreed in writing, these Conditions
shall apply to the exclusion of any other terms and conditions. |
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2.2 |
Each order that the Buyer places shall be deemed
to be an offer by the Buyer to purchase Products from Classic
Bed Company Limited, the Seller, subject to these conditions. |
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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. |
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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. |
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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. |
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2.6 |
Any typographical or clerical error or ommission
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. |
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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. |
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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. |
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3. Basis of sale |
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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. |
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3.2 |
The description of Goods shall be set out in
writing in the Confirmation. |
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3.3 |
Any items 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 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. |
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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. |
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3.5 |
The Buyer shall not be entitled to assign the
Contract or any part of it without prior written consent. |
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3.6 |
The Seller may assign the Contract or any part
of it to any person, firm or company. |
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4. Price and payment |
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4.1 |
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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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5. Description of Products |
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5.1 |
The quantity and description of the Products
shall be set out in the Seller's confirmation. |
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5.2 |
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. |
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5.3 |
Photographs provided on the website are for illustrative
purposes only and may not exactly match the Product itself.
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6. Warranties and liabilities |
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6.1 |
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. |
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6.2 |
The Seller shall not be liable for any breach
in warranty clause 6.1 unless: |
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6.2.1 |
The Buyer provides written notice of the defect
within 7 days of the time the Buyer discovers or ought to have
discovered the defect; and |
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6.2.2 |
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. |
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6.3 |
The Seller shall not be liable for a breach of
the warranty in clause 6.2 if: |
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6.3.1 |
The Buyer makes further use of such Products
after giving notice of the defect to the Seller. |
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6.3.2 |
The defect arises as a result of fair wear and
tear, wilful damage, negligence, misuse, abnormal working conditions
or failure to follow our oral or written instructions as to
the storage of use of the Products. |
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6.3.3 |
The Buyer alters or repairs such Products without
our written consent; or |
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6.3.4 |
The Buyer has not paid the Contract price for
the Products by the Payment date. |
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6.4 |
Subject to clause 6.2, 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: |
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6.4.1 |
Repair or replace such Products (or the defective
part) free of charge; or |
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6.4.2 |
Refund the price of such Products (or a proportionate
part of the price) provided that the Buyer delivers 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). |
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6.5 |
If the Seller complies with clause 6.4 the Seller
shall have no further liability for breach of any warranty in
condition 6.1 in respect of such Products. |
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7. Delivery |
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7.1 |
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. |
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7.2 |
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. |
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7.3 |
Goods will be deemed to have been delivered once
delivered to the specifed address as detailed in clause 7.2
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). |
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7.4 |
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. |
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7.5 |
Generally, where an order contains more than
one item all items will be delivered at the same time once all
items are available. |
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7.6 |
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. |
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7.7 |
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. If you require a 2 man team
please allow 3/4 days for delivery. A sales person will contact
you to arrange your prefered option. If you place an order for
a 6' mattress on its own, would you please ensure that someone
is available to help the driver unload the items at your house.
The couriers deliver between 8:30am and 1pm on specified days. |
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7.8 |
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. |
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7.9 |
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. |
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7.10 |
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. |
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7.11 |
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. |
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7.12 |
Deliveries made by national carriers will be
delivered by one man and delivered to your front door. |
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7.13 |
All goods must be signed for, We are unable to
deliver to unattended premises or outside of customer addresses. |
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7.14 |
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. |
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7.15 |
Postcode areas AB31 - 38, AB41 - 56, FK19 - 21,
H5, IV1, IV3 - 56 cannot be delivered on a next day basis. |
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7.16 |
Deliveries made to business addresses will have
the customers authority for anybody in the building to accept
goods on the customers behalf. Classic Bed Company Limited will
accept no responsability once the goods have been signed for
at the requested address. |
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8. Acceptance of the Product(s) |
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8.1 |
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. |
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8.2 |
After acceptance the Buyer shall not be entitiled
to reject Products which are not in accordance with the Contract. |
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9. Risk and title |
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9.1 |
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. |
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9.2 |
otwithstanding 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. |
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9.3 |
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. |
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9.4 |
The Buyer may not use or resell the Products
before ownership has passed. |
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9.5 |
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. |
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10. Insolvency of Buyer |
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10.1 |
This clause applies if: |
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10.1.1 |
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 |
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10.1.2 |
An emcombrancer takes possession, or a receiver
is appointed, of any of the property of assets of the Buyer,
or |
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10.1.3 |
The Buyer, not being a Consumer, ceases or threatens
to cease, to carry on business, or |
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10.1.4 |
The Seller reasonably apprehends that any of
the events mentioned above is a about to occur in relation to
the Buyer and notified the Buyer accordingly. |
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10.2 |
If the clause applies, without prejudice to any
other right or remedy available to the Seller, the Seller shall
be entitiled 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, despite any previous
arrangement or agreement to the contrary. |
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11. General |
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11.1 |
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 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 or its/ suppliers manufacturing plant, breakdown of
plant or machinery or shortage or unavailability of raw materials
from a natural source of supply, import or export regulations
or embargoes (including the failure of the Seller's suppliers
to obtain any necessary export permits licences or other authorisations)
and the party shall be entitiled to a reasonable extension of
its obligations. |
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11.2 |
Provided that if any event referred to in clause
11.1 continues for a period in excess of 30 days, the Buyer
will be entitiled to give notice in writing to terminate the
Contract. |
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11.3 |
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. |
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11.4 |
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. |
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12. Headings |
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12.1 |
The headings of the Clauses in these conditions
are intended for reference only and will not affect the construction
of these conditions. |
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12.2 |
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. |
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12.3 |
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 to 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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13. The Buyer's right of cancellation |
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13.1 |
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. |
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13.2 |
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. |
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13.3 |
Once the Seller has been notified of the cancelling
of the Contract, the Supplier 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. |
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13.4 |
If the Buyer does not cancel the Contract in
accordance with clauses 3.1 and 3.2, 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. |
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13.5 |
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 Supplier 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. |
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14. Proper law of Contract |
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14.1 |
The Contract shall be governed by the law of
England and Wales and any dispute, question or remedy howeverso
arising determined exclusively by the Courts of England and
Wales. |
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15. Limitation of liability |
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15.1 |
The Seller's total liability in Contract, tort
(including negligence or breach of statutory duty), misrepresentation,
restitution ot otherwise, arising in connection with the performance
or contemplated performance of this agreement shall be limited
to the price paid for the Products. |
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15.2 |
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. |
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15.3 |
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. |
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16. Data protection |
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16.1 |
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 unauthorised access to information supplied by the Buyer. |
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17. Complaints and disputes |
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17.1 |
If the Buyer has a complaint about the Goods
or service, the Buyer should contact Classic Bed Company Limited,
the Seller by: |
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17.1.1 |
Post- sent to the Address in the definitions
section |
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17.1.2 |
Electronic e-mail to info@classicbedsteads.co.uk |
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17.1.3 |
Telephone on 0208 671 9446 |
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17.2 |
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.
Classic Bed Company Limited trading as classicbedsteads.co.uk
is a company registered in England and Wales, registration number
4574308 |
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Registered office:
485 London Road
Boxmoor
Herts
HP3 9BE |
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