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3 - Delivery
Unless otherwise agreed in writing, the Place of Delivery shall be the Buyer
premises and the Buyer shall take delivery within 7 days of the Company
notifying the Buyer that the Goods are ready for delivery.
Where a delivery date has been agreed with our carrier, but the Buyer is not
present to receive delivery, the Company reserves the right to charge £10.00
for re-delivery.
Any dates specified by the Company for delivery of the Goods are intended to be
an estimate only. If no date is specified for delivery of the Goods, delivery
shall be within a reasonable time.
Subject to the other provisions of these Terms, the Company shall not be liable
for any loss, whether direct or consequential, economic or loss of profits or
otherwise, arising directly or indirectly out of any delay in the delivery of
the Goods nor will any delay entitle the Buyer to terminate or rescind the
Contract unless the delay exceeds 30 days.
If the Buyer deliberately fails to take delivery of the goods, the Company
reserves the right to store the goods until an actual delivery can be made and
charge the Buyer the cost of the delivery, plus any additional costs incurred
for insurance and storage. A delivery charge of £10.00
will be charged on the first item ordered and £10.00
per additional item thereafter.
Every effort will be made to deliver goods as soon as possible after an order
has been accepted. However, the Company will not be liable for any loss or
damage suffered by the Buyer through reasonable or unavoidable delay in
delivery.
Upon receipt of your order, the Buyer will be requested to sign for the goods
received in good condition.
4 - Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery.
Ownership in the Goods shall not pass to the Buyer until the Company has
received in full in cleared funds all sums due to the Company in respect of the
Goods and all other sums, which are or may become due to the Company from the
Buyer on any account.
Where the Buyer is a business customer, the right of ownership to the goods
shall terminate immediately if:
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A bankruptcy order is made against the Buyer, or an arrangement or composition
with creditors is made
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The Buyer takes the benefit of any statutory provision for the time being in
force for the relief of insolvent debtors
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The Buyer formally or informally holds a meeting of creditors
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The Buyer enters into liquidation (whether voluntarily or compulsory)
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Proceedings of any form relating to insolvency have initiated against the Buyer
Until ownership of the Goods has passed to the Buyer, the Buyer shall:
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Hold the Goods on a fiduciary basis as the Company's bailee;
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Store the Goods separately from all other goods of the Buyer or any third party
in such a way that they remain identifiable as the Company's property;
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Not destroy or deface any identifying mark on the Goods or their packaging;
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Maintain the Goods in satisfactory condition insured with the Company's
interest noted on the policy and hold any proceeds of such insurance on trust
for the Company and not mix them with any other money.
5 - Price
The price for the Goods shall, unless otherwise agreed, be the price set out on
the date of order in the Company's price list(s), web site and other
sources of pricing. The price for the Goods shall be exclusive of all costs of
carriage, which the Buyer shall pay in addition. This will be £10.00
for the first item ordered and £10.00
for each additional item.
Every effort is made to ensure that pricing is accurate, but where errors are
found following an order, the Buyer shall be informed of the discrepancy and
will be offered the option of either re-confirming their order, or cancelling
it.
6 - Payment
The payment for goods is taken on receipt of the order.
Payment shall not be deemed to have taken place until the receipt by the Company
of cleared funds.
7 - Warranties
The Company warrants that the Goods are of satisfactory quality and carry a one
year manufacturer guarantee, unless otherwise stated (i.e. certain products may carry a 10 year guarantee).
If the Buyer wishes to make a claim under this warranty, the Buyer shall give
written notice to the Company within 30 days of the discovery of the defect and
give the Company a reasonable opportunity to inspect the Goods in question.
The Company shall not be liable for any breach of warranty if the Buyer makes
any further use of the Goods after giving such notice or alters or repairs the
Goods without the agreement of the Company.
The Company's liability under the warranty shall be limited to repairing or
replacing the Goods in question or refunding the price of such Goods.
8 - Limitation of Liability
The Company's liability in contract, tort or otherwise arising out of the
subject matter of the Contract shall under no circumstances be liable to the
Buyer for any consequential, indirect or economic loss or damages.
9 - Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances
outside its reasonable control, including but not limited to war, fire,
industrial disputes or civil commotion, it shall notify the other and the first
party's obligations under these Terms shall be suspended until it notifies the
other party of the end of such event of Force Majeure.
10 - General
If any part of these Terms is found to be void or unenforceable by any Court of
competent jurisdiction, such part shall be severed from these Terms, which will
otherwise remain in full force and effect.
These Terms shall be governed by and interpreted according to English Law and
the parties submit to the exclusive jurisdiction of the English Courts.
11 - Information Accuracy
The Company will make every effort to provide accurate, appropriate information
in a timely fashion, but will not be liable for any inaccuracies in information
provided either verbally, in written form, or electronically via its associated
web site and other means.
The Company will not be liable for the accuracy of any information that is
provided via third parties (such as information provided on the Company web
site). This limitation of liability extends to the provision of stock
information and quantity levels accessible via the Company web site.
Product images provided on the web site and in any literature produced by the
Company are for illustrative purposes only.
12 - Right of Cancellation / Return of Goods
Once you have received your product(s) from Beds Direct 2U Ltd., you have 7
days to decide if you want to return them. If you decide you do not want the
good(s) delivered for any reason, you may return them back to our warehouse.
Providing the goods have not been used, are free of defects and are
returned to us in their original packaging, we will happily refund your money,
minus the shipping costs to transport them back to our warehouse. A minimum
collection charge of £50.00 will be deducted from your credit card refund.
Unfortunately, we cannot accept returns or provide refunds for special order
items (i.e. products supplied to a bespoke size).
Please also note that we do not accept the return of wooden or metal beds that have been erected.
The Buyer must take reasonable care in the transportation of the goods back to
the Company, ensuring they are not damaged in the meantime, or whilst in
transit. Goods should therefore be returned in adequate, protective packaging,
preferably in the original packaging used to ship the goods.
For hygiene reasons, mattresses that have been slept on will not be accepted
back, unless they are found to be faulty.
Once the Buyer has notified the company that they are cancelling the contract,
the Buyer will be re-credited within 30 days for any sum that was actually
debited from their credit card for the goods. Re-crediting will only occur once
the goods have been returned and the Company is in receipt of them.
Goods must be returned within 14 days after notifying the Company of any
cancellation.
Where goods are not returned as required, the Company may charge the Buyer a sum
not exceeding the direct cost of recovering the goods.
13 - Complaints
If the Buyer has a complaint about the goods or service, the Buyer should
contact Beds Direct 2U Ltd. Please click here
to find out how to contact us.
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