Terms & Conditions
WATERLOOVILLE BEDS 'TERMS & CONDITIONS'
In these conditions, unless the context requires otherwise:
1.1 'Buyer' means the person who buys or agrees to buy the goods 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 'Order' means the Buyer's offer to purchase goods from the Seller.
1.4 'Delivery Place' means the delivery address specified by the Buyer in the order.
1.5 'Goods' means the article(s) which the Buyer agrees to buy from the Seller.
1.6 'Price' means the total price for the Goods, including Delivery, Packaging and VAT where applicable.
1.7 'Seller' means Waterlooville Beds
2 Conditions Applicable
2.1 These 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.
2.2 All orders for goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these conditions.
2.3 Acceptance of the order shall be communicated in person, on the telephone, by email, as appropriate.
2.4 Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Dispatch or delivery of the Goods by the Seller to the Buyer shall be deemed conclusive evidence of the Buyer's acceptance of these conditions.
2.6 All Orders are subject to stock availability. If the Seller is unable to supply the Goods for any reason, the Seller will give notice of cancellation of the contract and refund the Buyer any monies already paid for the Goods. The Seller is not liable for any loss or damage arising from such cancellation, including any interest or any consequential gains which would otherwise have accrued on such monies as are refunded.
3 Price and Payment
3.1 The price shall be the Seller's price quoted in the showroom at the time of the order. The price is inclusive of VAT which shall be due at the then prevailing rate.
3.2 The Seller shall not be bound to deliver the goods until payment in cleared funds has been received in respect of such Goods.
3.3 The Seller accepts payment by credit or debit card, cash or BACS.
3.4 The Buyer must settle any outstanding balance in full no later than 24 (twenty four) hours before the agreed delivery date. The Seller will not deliver the Goods until the full payment in cleared funds is received from the Buyer.
3.5 If, due to an error or omission, the price published for the goods in the showroom is incorrect, the Seller reserves the right to terminate the order, provided that the goods have not already been dispatched.
4 The Goods
4.1 The quantity and description of the Goods shall be as set out in the invoice/receipt.
4.2 The Seller 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 of the goods.
4.3 The descriptive information contained in the showroom (including drawings, photographs, specifications and advertising) are intended only to give an indication of the nature and appearance of the goods and do not form part of these Conditions.
4.4 All Goods are bespoke and handmade to the Buyers specification and as such the Buyer has no right to cancel the contract or return the Goods once delivered unless the Goods are defective or, if the Seller in their absolute discretion, agrees to cancel the order. The Seller shall be entitled to retain up to 25% of the purchase price for agreeing to cancel the order taking into account the losses and costs that the Seller will reasonably suffer due to the cancellation.
5 Warranties and Liability
5.1 The Seller warrants that the goods supplied will at the time of delivery correspond to the description given by the Seller in the order confirmation.
5.2 Save where otherwise stated, all new goods are sold with a minimum 12 month manufacturer's guarantee. It is the Buyer's responsibility to complete and return to the manufacturer any purchase registration form enclosed with the Goods.
5.3 If the Goods are returned to the Seller, but are adjudged by the Seller and/or the manufacturer to be without fault, the Goods will be returned to the Buyer at the Buyer's expense.
5.4 If the Buyer purchases Goods off the Sellers shop floor, the Buyer must carry out a full inspection of the Goods prior to placing the order and notify the Seller of any fault(s). All faults, including but not limited to faults arising from general wear and tear, must be notified to the Seller prior to signing the Order.
5.5 Any unauthorized repairs or repair attempts and any tampering with the goods will void the warranty.
5.6 As with all guarantees/warranties, terms and conditions apply, which include some exclusions and restrictions (for example: deliberate damage, wear and tear, not following the manufacturer's instructions).
6 Delivery of the Goods
6.1 Delivery of the Goods shall be made to the Buyer's address (or the delivery place, if different.)
6.2 The Buyer must make all practical arrangements to take delivery of the Goods whenever they are tendered for delivery.
6.3 The Seller is only required to deliver the goods to the front door of the Buyer's property. Any further service is at the Buyer's request and the Seller cannot accept any accidental liabilities that may occur.
6.4 The Seller is unable to offer a timed delivery service and any delivery times given are estimates only.
6.5 The Buyer is responsible for ensuring all goods purchased from the seller fit into their property.
6.6 The Seller is not responsible for the cost of any alterations (doors off, windows out) needed to provide adequate access into the Buyers property.
6.7 Delivery must be signed for by the Buyer, in accordance with those details previously provided by the Buyer in the order.
6.8 The Seller will take reasonable steps to fulful the Order within the delivery lead time as stated in the Order. However, all delivery lead times quoted are approximate only and delivery may vary by up to 4 (four) weeks earlier or up to 4 (four) weeks later than the stated delivery lead time. All delivery lead times start from the day the contract between the Buyer and Seller is formed.
6.9 In some circumstances the manufacture and delivery of Goods may be delayed through circumstances beyond the Sellers control. These Goods will be delivered within a revised lead time notified to the Buyer. The Seller will make every effort to keep the Buyer informed of any changes to the expected delivery lead time.
6.10 An extra delivery charge will apply when Goods have to be redelivered due to access issues at the delivery address or there was no one at the delivery address to sign for the Goods at the agreed time of delivery and a redelivery is required.
7 Title and Risk
7.1 Title shall pass on delivery of the Goods.
7.2 Risk shall pass on delivery of the Goods.
8 Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods upon receipt of delivery to the Buyer.
8.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract, save where the Buyer's statutory rights would otherwise be affected.
9 Returns and Cancellation Policy
9.1 The Buyer must notify the Seller or any loss or damage within 24 hours of receipt of the Goods and subject to further instruction from the Seller, such Goods must be held for inspection. The Seller will not act on its returns and cancellation policy where loss or damage is not reported within this timeframe, such damage being deemed to have been caused after delivery.
9.2 No goods shall be returned without prior authorisation of the Seller and proof of purchase, namely the invoice receipt.
9.3 Goods must be returned complete in their original condition, including: undamaged packaging, instructions, accessories.
9.4 Where the Goods are found to be faulty, the Seller will reimburse the total Order cost upon receipt of the Goods; alternatively, the Buyer may elect to affirm the order and a like replacement will be dispatched by the Seller (subject to availability).
9.5 Made to measure Goods cannot be cancelled once the order has been accepted by the Seller.
9.6 Due to the hygiene aspects associated with some items (e.g. mattresses, pillows, mattress protectors, duvets), we reserve the right to reject cancellation if these items have been used. This does not apply if the items in question are found to be faulty.
9.7 Goods, other than faulty Goods, may be returned within 7 days of receipt by the Buyer pursuant to the statutory cooling off period under Regulations, so long as the Goods remain unused, sealed and in their original packaging. Such returns are at the Buyer's expense and the Buyer shall be responsible for damage to the Goods howsoever arising until point of receipt by the Seller. Where the Buyer would prefer the Seller to collect the Goods,which the Seller would recommend, this will be carried out at the Seller's standard charges. So long as these requirements are met and upon inspection of the Goods, the Buyer shall be entitled to a refund of the balance due or exchange for alternative Goods (subject to availability).
10 Force Majeure
The Seller shall not be liable for delay or non-delivery by reason of but not limited to lock-outs, strikes, riots, malicious damage, fire, floods, vehicle breakdown, traffic delays, acts of God, delays by suppliers or any other cause whatsoever beyond the Seller's control.
11 Proper Law of Contract
This contract is subject to the Law of England and Wales
12 Customer Service Contact Details
Waterlooville Beds Tel: 023 9223 3220
E & OE