Last Updated: 24
November 2011
Welcome
to the BedsandBunksDirect.co.uk website Terms and Conditions for use.
Please read them through carefully before using the website. They do not affect
your statutory rights. Your continued use of this website constitutes your
agreement to be bound by these terms and conditions which shall also govern all
transactions on the website to the exclusion of any other terms and conditions.
BedsandBunksDirect.co.uk (“BedsandBunksDirect.co.uk”, “we”, or “us”) reserves
the right to change these terms and conditions from time to time without notice
to you and any changes will take effect on the day they are posted. Any such
changes will be posted on this section of the website and your continued use of
the website constitutes your agreement to be bound by the prevailing terms and
conditions. You will be requested to read and accept these terms and conditions
every time you place an order. For this reason we encourage you to review them
whenever you use this website to ensure that you are familiar with the latest
terms and conditions. We also recommend to all our customers to print and
retain a copy of the terms and conditions for future reference.
Before you place an order, if you have any questions relating to these terms
and conditions, please contact our online team by e-mail at sales@bedsandbunksdirect.co.uk
or call us on (0191) 654 2031 between our office opening hours of 9am and 5pm
Monday to Friday.
A. PURCHASE OF PRODUCTS
1. How to create the Contract between yourself and BedsandBunksDirect.co.uk:
1.1 Place your order online by following the
instructions.
1.2 Before you submit the order, you will have the
opportunity to change or amend so you are 100% confident you have ordered the
correct item(s). Please bear in mind the majority of our furniture requires
home assembly - it is your responsibility to ask the BedsandBunksDirect.co.uk
staff how your item(s) are delivered.
1.3 Once you have submitted your order – one of our team
will acknowledge receipt of the order.
1.4 If you are paying by credit card, we will authorize your
debit or credit card payment. If you are paying by cheque, we will deposit your
cheque on the first working day after we receive it.
1.5 Once payment has been authorised, or your cheque has
cleared, and we have determined the availability of stock, we will arrange for
the delivery of the goods to you. Acceptance of your order and the creation of
a legally binding contract between us will only occur when we send you a second
e-mail which contains the details of how your goods will be delivered to you.
The lead times quoted are to our warehouse - our couriers add additional time
(as detailed in our delivery tab) - it is your responsibility to understand our
delivery regions - you can call the staff to discuss zones during our trading
hours.
1.5.1. All descriptions, images,
colours and specifications are for the sole purpose of giving an approximate
description of the products. BedsandBunksDirect.co.uk and its online team will
not be held responsible for information provided regarding a product or
service.
1.5.2. Mattress ticking may be changed from time to time,
depending on raw materials available. All mattresses displayed on our website
are for illustration purposes only.
1.6 We reserve the right to decline all or part of any order
for whatsoever reason and should this occur we will e-mail you with these
details.
1.6.1 We also reserve the right to decline
an order that does not pass our security and fraud checks upon review of an
individual order. We will e-mail you upon receipt of your order if your order
is deemed by us as a "high risk" transaction. In some cases we may
require further identification if your order is showing as “medium risk” or “high
risk” transaction. If the identification provided to us is not satisfactory,
then we have the right to hold your order up to 8 weeks, or decline the sale.
1.7 It is recommended that you retain all e-mails relating
to your order and contract.
1.8 The details of your specific contract are filed by us.
Should you want any information regarding your order you may contact us.
2. Payment
2.1 If you have chosen to pay by card, once your order is
received we will process the payment for your order by way of the credit or
debit card details you have provided.
2.2 If you have chosen to pay by cheque, please send payment
in full to our office address: BedsandBunksDirect.co.uk, within Efurn Ltd, Unit
14, Cherry Way, Dubmire Ind. Est., Fencehouses. DH4 5RJ. We are unable to
accept deposits via this payment method. Once your order is received we will
deposit your cheque. Once the cheque has been cleared for payment, we will
begin processing your order.
2.3 If your order contains any item with a lead time of more
than 5 weeks, you can opt to pay a deposit by card. Orders under £300.00 will
require paying a 20% deposit, and orders over £300.00 will require paying a 10%
deposit. All deposits are non-refundable. This is not a finance option and no
interest is charged while waiting for your goods. The balance outstanding must
be paid in full on the same card before final delivery is made. As part of the
checkout process, you will be requested to confirm that you agree to this. You
can not pay any part of your invoice by “Cash on Delivery”.
2.4 If your cheque has not cleared, or if your card declines
– we may invite you to pay by another method.
2.5 All prices and charges on this website are quoted in UK
pounds sterling. The price you pay for your order is that price which is
displayed on the website. Prices include VAT unless otherwise stated but
exclude delivery charges. If we discover an error in the price of goods you
have ordered we will inform you as soon as possible and give you an option of
reconfirming your order at the correct price, or cancelling the order. If we
are unable to contact you, we will treat the order as cancelled and you will
receive a full refund.
3. Security and Clearing
3.1 All credit and debit card payments that are made on
our website are protected by a secure connection. This secure connection
ensures that your credit and debit card is encrypted prior to it being
transferred to the bank for authorization.
3.2 As an additional security means, no credit or debit card
details submitted online are stored directly by us once your order has been
processed.
3.3 If you have authorised us to obtain a second or final
payment of your order on your chosen card, we will use the same secure
connection to request these monies to be transferred to the bank for authorization.
Your CV2 number is not retained by our Secure Payment Provider (SSP).
4. Delivery of goods to you
4.1 We will deliver the goods you have ordered to the
address you give us for delivery at the time you place your order. Should you
wish to change your delivery address, please e-mail us at sales@bedsandbunksdirect.co.uk where we can change this for
you. This request cannot be made within 7 days prior to delivery, or you may
jeopardize your delivery date.
4.2 We offer the following services:
4.2.1 We offer a free, one man,
delivery service throughout the mainland of the U.K. only. The delivery driver
will deliver your goods to your front door.
4.2.2 We offer a
premium, two-man, room of choice delivery service at a supplement charge of
£19.99 per order - you will be offered this service at the time of checkout.
However, we do not offer this service to the parts of the mainland (KW, DD, CT,
EX, IV, PA, TR, DT, AB, NR, PL, LD, PH, SA, TQ, BH postcodes) and all offshore
locations.
4.2.3 We offer a
Saturday delivery service for £29.99. However, we do not offer this
service to the parts of the mainland (KW, DD, CT, EX, IV, PA, TR, DT, AB, NR,
PL, LD, PH, SA, TQ, BH postcodes) and all offshore locations.
4.2.4 We offer customer
collections, where you can come and collect the goods from our premises. We can
offer you up to 5% discount on customer collections. You must inform us that
you intend to collect your order. We will contact you when your goods are ready
for collection. You must give us up to 48 hours notice to let us know when you
will be coming to collect your order. If the goods do not fit in the vehicle,
then you will be required to pay back the 5% discount in order for us to
arrange delivery with the transport company.
4.3 For all offshore locations (e.g.
Scottish Islands, Jersey, Guernsey, Isle of Man, Isle of Wight), please see our
“How We Deliver?” tab on our homepage, and for further advice please e-mail us
at sales@bedsandbunksdirect.co.uk and we will respond with a
delivery quote.
4.4 We aim to deliver your furniture within the time quoted
on our website when you place your order. Please see our “Delivery Lead Times”
page for estimated times of delivery. If circumstances change, we will contact
you. If, however, it is delayed due to circumstances beyond our control, then
we cannot accept any liability for consequential loss.
4.5 The delivery times quoted on the website are for
delivery to postcodes which fall within our normal delivery areas. These are
just a guide and are dependent on suppliers, shipping, freight and many matters
which our beyond our control.
4.6 Once the transport company have
received your goods, they will attempt to confirm a delivery date with you,
with up to 5 days advance notice (excluding 24 – 48 hour orders). You will be given a date and 3-4 hour time
window for delivery from our transport company. Where you have agreed a
delivery date with our transport company, but you are not available to receive
delivery, we reserve the right to charge for re-delivery to cover the cost of
the failed delivery. You will be contacted to pay this additional delivery
charge for re-delivery. If you decide to cancel your order after you have been contacted
to pay for re-delivery, then this amount will be deducted from the refund amount.
If we arrange delivery using an overnight delivery courier, delivery will be
using an all day service. If you are out when the delivery team arrive, they
will leave a calling card with a contact number for you to call them and
arrange delivery at a future date.
4.7 All deliveries must be signed for. Please
check the goods, or at least the packaging, on arrival making sure you are
fully satisfied before signing. In the unlikely case of fault or damage please
sign for the goods as damaged and register this with the driver. Please do not
sign your order as being unchecked.
4.8 You will become the owner of the goods (and be liable
for the loss or destruction of the goods) at the time of delivery, provided
that we have received payment in full for the goods.
5. Access to the destination room
5.1 Before placing an order, please check that the items of
furniture will fit through any passages, stairwells, landings and doorways on
the way to the destination room. We are not responsible if the item will not
fit in your property or through to your property.
5.2 If the item will not fit in your property, or we are
unable to help you gain access to your property, you can not return the goods
on the same vehicle as they always return full.
5.3 Should you have any concerns over access, then please
note them on the comments box on the order or contact us by e-mail or on (0191) 654 2031 between 9am – 5 pm Monday to Friday.
6. Cooling Off Period
6.1 You are entitled to a statutory cooling off period
beginning from the date you placed your order and ending 7 working days after
you received the goods, as per the Distance Selling Regulations. Certain goods
are exempt from this cooling off period, for example a mattress which has been
taken out of its sealed packaging (or has been opened - this is for health and
safety reasons) in which it was delivered, flat pack furniture which has been
assembled, part-assembled, or removed from the box, and special order or
bespoke items ordered. If you wish to return your order, then you are
responsible for returning the goods back to BedsandBunksDirect.co.uk - this is
at your cost and we may not be able to arrange this for you. If we can arrange
a collection using our transport company then with your consent, we will
arrange this for you, but it will be at your cost. We ask that you return the
goods back in the original packaging taking care to reseal the box so we are
able to resell. Please note if the goods are delivered to us from you in a damaged
condition, we will not refund the cost of the goods - they are your
responsibility and will remain here until you are able to collect them.
6.2 You must inform us in writing during the cooling off
period that you are cancelling the contract (e-mails are accepted).
6.3 If you have not received the goods at the time of
cancellation of the contract, and we have not processed the goods for delivery,
we will refund to you all the monies paid by you for the goods in question,
including the delivery charges in the same form of payment originally used for
the purchase, as soon as possible, and in any event within 30 days of the your
cancellation being accepted.
6.4 If you have not received the goods at the time of
cancellation of the contract, but we have processed the goods for delivery, and
they are en route, you must not unpack the goods when they are received by you.
You are the owner of the goods once they have been delivered to you and you are
liable for their loss or destruction. The goods must be returned to us as soon
as possible. We will refund to you all the monies paid by you for the goods in
question, excluding the cost of collection of the goods, in the same form of
payment originally used for the purchase, as soon as possible and in any event
within 30 days of your cancellation being accepted.
6.5 If you have received the goods at the time of
cancellation of the contract the goods must be returned to us as soon as
possible. You are the owner of the goods once they have been delivered to you
and you are liable for their loss or destruction. The goods must be returned to
us as soon as possible. We will refund to you all the monies paid by you for
the goods in question, excluding the cost of collection of the goods, in the
same form of payment originally used for the purchase as soon as possible, and
in any event within 30 days of your order being accepted, PROVIDED THAT the
goods are returned by you and received by us in the condition that they were in
when delivered to you.
6.6 If you do not return the goods to us we shall be
entitled to deduct the direct costs of recovering the goods from the amount to
be refunded to you - if when we receive the goods back it is obvious that flat
pack goods have been assembled then taken down, then we will not refund the bed
and store the item until you are able to recover them - we will also charge the
collection fee.
6.7 We do not accept returns on assembled flat pack items
which have been opened or any mattress which has been removed from its original
packaging.
7. Damaged or Defective Goods
7.1 Every effort will be made to ensure that the goods you
have ordered arrive undamaged and without defect.
7.2 If the goods are found to be either damaged or defective
in any way, we require that an e-mail is sent to us at sales@bedsandbunksdirect.co.uk with pictures detailing the
damages. You must contact us within 7 days of delivery of the goods if
you wish to report delivery of defective goods. Upon receipt of an email and
pictures, every effort will be made to resolve your issue(s). If you refuse to
send in pictures detailing the damages, then we will not be held responsible to
co-operate.
7.3 If the goods are found to be
damaged and we wish to resolve your issue(s) by replacing the individual
parts that are defective, the lead time for replacement parts is up
to 5 weeks for manufacturers based in mainland Europe and up to 3 weeks for
manufacturers based in the UK.
7.4 If the goods are damaged, and we are unable to repair
the item to manufacturing standards, we will send a replacement item upon
confirmation that the damaged item has been returned to us.
7.5 If the goods are found to be defective, we will refund
all monies paid by you for the goods in question (including the delivery
charges), together with any return delivery charges you may have reasonably
incurred if you have undertaken to return the items yourself, in the same form
of payment originally used for the purchase as soon as possible. We will not
refund any delivery charges for goods being returned to us without our
authorisation.
8. Cancellation by Us
8.1 We reserve the right not to accept any order request
if:
8.1.1 we have insufficient stock to
deliver the goods you have ordered;
8.1.2 we do not deliver to your
area;
8.1.3 one or more of the goods
ordered was incorrectly described or priced on the website;
8.1.4 the payment transaction is not
authorized;
8.1.5 you have not complied with the
provisions of paragraph 12 of these terms and conditions.
8.2 If we do cancel your contract we
will notify you by e-mail and will refund you any sum paid by you to us in
respect of the contract as soon as possible, and in any event within 30 days of
the cancellation of your order. We will not be obliged to offer any additional
compensation for disappointment suffered.
9. Stock Levels
9.1 As far as reasonably possible all products featured to
buy on the website are either in stock and available at the time of ordering,
or are produced to order with the anticipated lead-time published on site.
9.2 The lead times for all goods are between 7 - 30 working
days as standard but we always try hard to deliver your order as soon as we
receive it.
10. Unforeseen Circumstances
While every effort is made to meet our customers' demands,
cancellations or variations may be necessary as a result of an Act of God, war,
strike, lockout, labour dispute, fire, flood, drought, or other causes beyond
our reasonable control.
11. Complaints and Remarks
11.1 If you have a complaint, or a particular remark to
make, please do not hesitate to contact us immediately by e-mail at sales@bedsandbunksdirect.co.uk, or by any other form
of written communication. Please state your order number and confirm your
full name and address with postcode.
11.2 Any complaint will be dealt with fairly, effectively
and confidentially. Your statutory rights as a consumer are unaffected. We do
not have a legal duty to provide any form of financial compensation for any
inconvenience caused with your order.
11.3 Complaints can only be made by the person that has paid
for the goods (e.g. Billing Customer). Complaints will not be discussed with
any other person (such as the recipient customer, or, Delivery Customer).
12. Contractual Capacity
12.1 In order to be eligible to enter into a contract with
us to purchase goods through the website you must:-
12.1.1 provide the required
information including your real name, payment details including your card
address; your delivery address if different from your card address; e-mail
address and telephone number;
12.1.2 be over the age of 18.
13. Invalidity
If any part of these terms and conditions is unenforceable
(including any provision in which we exclude our liability to you), the enforceability
of any other part of these terms and conditions will not be affected.
14. Law
These terms and conditions shall be governed by and
construed in accordance with British law and you hereby agree to be
subject to the jurisdiction of the Courts of England and Wales. All contracts
are concluded in English.
15. Data Protection and Privacy
Information you provide to us remains confidential. We are
committed to protecting your privacy. We will only use the information that we
collect about you lawfully and in accordance with the Data Protection Act 1998.
We collect information about you for two reasons: firstly, to process your
order and, secondly, to provide you with the best possible service. You
specifically authorise us to transmit information to or to obtain information
about you from third parties (including, but not limited to, your debit or
credit card number), to authenticate your identity, to validate your debit or
credit card and to authorise the transaction. You acknowledge that you consent
to the processing of such information. Click here for details of our Privacy
Policy, the terms of which you acknowledge and agree to be bound by. Should you
wish to contact us regarding our Privacy Policy please do so (for details see
the “contact us” page of the Website).
16. Entire Agreement
16.1 These terms and conditions together with our current
website prices, delivery details, contact details and Privacy Policy set out
the whole of our agreement relating to the supply of goods to you by us.
16.2 Nothing said by any salesperson on our behalf should be
understood as a variation of these terms and conditions or as an authorized
representation about the nature or quality of any goods offered for sale by
us.
16.3 Save for fraud or fraudulent misrepresentation, we
shall have no liability for any such representation being untrue or misleading.
B. INTELLECTUAL PROPERTY RIGHTS
The content of this website is Copyright © BedsandBunksDirect.co.uk
(or its third party licensors). You acknowledge and agree that all copyright,
trademarks and all other intellectual property rights in all material or
content supplied as part of the Website shall remain at all times vested in us
(or our licensors). You may not copy, reproduce, change, modify, license,
transmit or sell any material or content contained herein and you are permitted
to use this material only as expressly authorised by us (or our licensors).
C. DISCLAIMER
BedsandBunksDirect.co.uk is providing this Website on an “as is” basis and
makes no representations or warranties of any kind, whether express or implied,
in relation to this Website, or its contents and disclaims all such
representations and warranties. In addition, BedsandBunksDirect.co.uk makes no
representations or warranties about the accuracy, completeness, or suitability
for any purpose of the information on this Website. The information contained
in this Website may contain technical inaccuracies or typographical errors. All
liability of BedsandBunksDirect.co.uk howsoever arising for any such
inaccuracies or errors is expressly excluded to the fullest extent permitted by
law.
Neither BedsandBunksDirect.co.uk nor any of its directors, employees or other
representatives will be liable for loss or damage arising out of or in
connection with the use of this Website. This is a comprehensive limitation of
liability that applies to all damages of any kind, including (without
limitation) compensatory, direct, indirect or consequential damages, loss of
data, income or profit, loss of or damage to property and claims of third
parties.
BedsandBunksDirect.co.uk accepts no liability for any information or content
contained in external third party websites which link to or from this Website.
Notwithstanding the a foregoing, none of these exclusions and limitations are
intended to limit any rights you may have as a consumer under local or other
statutory rights.










