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TERMS AND CONDITIONS OF TRADE
These terms and conditions apply to our website - www.thebedfactory.co.uk only! Not in store.
For instore orders - You have NO rights to get your money back if you just change your mind about something you’ve bought and there’s nothing wrong with it.
Buying Online - What are your rights?
You can make a claim for a refund, repair or replacement when the product you’ve bought doesn’t meet these three standards below:
- Satisfactory Quality – Your order shouldn’t be damaged or faulty when you receive it.
- Fit for Purpose – You should be able to use what you bought for what we say it can/will do (Its Purpose), whether that product information is online or you have rung our store.
- As Described – Your order should match the description to when you bought it. For example, if you ordered a 4’6 Mattress then we will deliver a 4’6 Mattress.
If our service is not provided ‘with reasonable care and skill’ or ‘as agreed’, then we will bring it into line with what was agreed with You at the point of sale.
The following are our terms and conditions of trade. We have made every effort to make them as simple and clear as possible. We hope you receive many years of service from your purchase and would welcome your comments, or questions. Please call (01926) 422404 or write to THE BED FACTORY 139 Regent Street, Royal Leamington Spa, Warwickshire. CV32 4NX.
Any typographical clerical or other error or omission in any sales literature shall be subject to correction without any liability on our part.
We reserve the right to modify or withdraw, temporarily or permanently, this website(or any part of it including these terms and conditions) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of this website.
PLACING YOUR ORDER
You can place your order by using our online shopping facility, by telephoning us on (01926) 422404, by calling into our store, or by sending a cheque in the post to THE BED FACTORY 139 Regent Street, Royal Leamington Spa, Warwickshire. CV32 4NX.
Payment can be by credit or debit card, either online, by telephone or by calling into our store.
You will receive confirmation of your order shortly after placing your order. We may also contact you, by telephone or e-mail, to clarify your requirements and arrange delivery.
DELIVERY
Delivery of your order will take approximately 7 to 10 days for stock items or up to 30 days for special orders, from the date of receipt of your order. We can arrange urgent delivery if required, please contact the store for details.
Delivery of your product(s) is generally carried out by carriers and their experienced delivery drivers, who will deliver your new products to the easiest accessible ground floor door to your premises. Please note that if you live in a block of flats or in basement premises, your product(s) will only be delivered to the most easily accessible ground floor door of the building, and will not be delivered to the specific door of your premises within the building or basement. Please also note that carrier personnel cannot and will not enter into your premises or any building leading to your premises, assemble your new products or dispose of your old products.
All goods remain the property of The Bed Factory(Leamington Ltd) until paid for in full.
RETURNS AND CANCELLATION POLICY
You shall inspect your product(s) on delivery and if you find your products to be faulty or damaged and within 24 hours of receipt (or the next working day if delivered on a Friday)you report the alleged fault or damage,then we will either exchange the product(s)or issue a full refund within 14 days of delivery.
In such circumstances, provided the product(s) are adequately wrapped, we will meet all delivery and return costs. This does not affect your statutory rights.
If you are unhappy with your purchase for any other reason, or if you change your mind, and notify us within 7 working days of delivery, we will offer you a choice of a)a replacement product b) cancellation and refund of the product(s).
For orders of: Pillows, Duvets, Sheets , Mattresses and other bedding items, we cannot accept return if the packaging has been opened, due to Covid 19 and hygeine reasons. These items need to be unopened and in original packaging for a return to be accepted.
PRIVACY AND SECURITY
We take all security issues very seriously and accordingly use a high level of security in our payment section.
Your personal details will only ever be used for the purposes of processing your order. Your details will never be passed to a third party.
TERMS OF WEBSITE USE
This section tells you about the terms and conditions (Terms of Use) on which you may use our website www.thebedfactory.co.uk (our site), whether as a guest or a registered user.
Please read these Terms of Use carefully before you start to use our site. By using our site, you indicate that you accept these Terms of Use and that you agree to abide by them.
1. Information About Us
www.thebedfactory.co.uk is a site operated by The Bed Factory(Leamington)Ltd. We are registered in England and Wales under 09045602. Our VAT number is 196135587. Our trading address is 139 Regent Street, Leamington Spa CV32 4NX.
2. Purchasing Products Through Our Site
The purchase of products through our site is governed by our terms and conditions of sale.
3. Your Information
When ordering any products from our site, you will be asked to complete a registration process. Information that you provide on our site must be complete and accurate. You must not impersonate any other person or entity or use a false name or a name that you are not authorised to use. From time to time we may make other services available which also require registration.
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing.
4. Password/Account Security
To access your stored data on our site, you will need to input your account and password details (login details). You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact [customer services] straight away to let us know. We can deactivate your account at any time.
5. Liability
Your use of our site and our liability for products which you may purchase through our site is subject to limitations and exclusions under our terms and conditions of sale.
We have taken every care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.
To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our site, any website linked to it and any materials posted on it.
6. Site Availability
If the need arises, we may suspend access to our site, or close it indefinitely. We will not be liable if for any reason our site is unavailable at any time or for any period.
7. Variations
We may revise these Terms of Use at any time by amending this page. You should check this page from time to time to take notice of any changes we make.
8. Severability
If any of these Terms of Use is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.
9. Jurisdiction and Applicable Law
The English courts will have non-exclusive jurisdiction over any claim arising from or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country. These Terms of Use are governed by English law.
10. Complaints
At www.thebedfactory.co.uk we aim to delight our customers at all times. However, if you are unhappy about any aspect of our site or the service you receive from us and would like to make a complaint, please contact the manager or directors.
Terms and Conditions of Sale
This section tells you about the terms and conditions on which we supply any of the products (Products) listed on our website www.thebedfactory.co.uk (our site).
Please read these terms and conditions carefully before ordering any Products from our site. When placing an order, you will be invited to agree to these terms and conditions by ticking the box marked "I agree to the terms and conditions". If you don’t accept the terms and conditions by ticking this box, you will not be able to order any Products from our site.
1. Information About Us
www.thebedfactory.co.uk is a site operated by The Bed Factory (Leamington) Ltd. We are registered in England and Wales under no 0945602. Our VAT number is 196135587. Our trading address is 139 Regent Street, Royal Leamington Spa CV32 4NX.
2. Service Availability
Our site is intended for use by people resident in mainland Great Britain. We do not accept orders where delivery is required to locations outside mainland Great Britain, including orders from customers located in Northern Ireland, the Isle of Wight, the Shetland Islands, the Channel Islands, the Scilly Islands and the Isle of Man.
3. Your status
By placing an order through our site you warrant that:
4. Consumer Rights
If you are contracting as a consumer, you may cancel a Contract at any time within 7 working days, beginning on the day after you received the Products. Provided you comply with this clause and the Returns Policy (clause 11), and take reasonable care of the Products, you will receive a full refund of the price paid for the Products in accordance with our returns policy (set out in clause 11 below).
If the Products have been processed for delivery or have been delivered at the time you notify us of your wish to cancel the Contract, then the Products must be returned to us at your own cost and risk. We will arrange for the Products to be collected from you either by us or by a third party and will make a charge for providing this service.
You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. Taking reasonable care in relation to mattresses includes, for example, not removing the protective packaging encasing the mattress.
5. Ordering Products
After placing an order, you may receive an email from us acknowledging that we have safely received it. This does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will send you an email to confirm acceptance. The contract between us (Contract) will only be made when we send you the email confirming acceptance of your order and we have taken payment.
6. Availability
All items are subject to stock availability. We will inform you as soon as possible if, for any reason, the Products you have ordered are not available. Please note that, on rare occasions, the stock may become unavailable after we have accepted your order. In such circumstances, we may need to cancel the Contract with you. In such circumstances, if we have taken payment from your credit card or debit card we will refund the amount paid by you in full and we will not have any other liability towards you.
7. Ordering Errors
You are able to make changes to your order up to the point at which you click on the ‘submit order’ button on the Payment & Confirm section of the checkout process.
8. Prices
The price of the Products will be as quoted on our site, except in cases of obvious error. Please be aware that these prices include VAT and delivery costs.
Due to a large number of Products on our site, it is always possible that some of the Products listed on our site may be incorrectly priced, despite our best efforts. We will normally verify prices as part of our order-handling procedure so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of the rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9. Payment
We accept payment with the following credit or debit cards: Visa credit and debit cards, MasterCard credit and debit cards, American Express credit and Charge Cards, Switch/Maestro debit cards, Delta debit cards, Visa Electron cards. Presently, we do not accept cash, or gift vouchers as payment online or payment. By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct. We will take and process your credit or debit card details immediately after you place your order.
Please note that delivery of the Products to you is conditional upon payment first having been made in full.
10. Delivery
We aim to fulfil all orders within 28 days of acceptance. However, if you are located in a remote area, delivery may take a little longer. Please note that we cannot fulfil orders received where delivery is required to the following locations:
When you have chosen the Products you want to buy from us, the delivery address will default automatically to the billing address you have entered for your payment card. If you want us to deliver your order to a different address, you can choose this option as you go through the checkout process. Although we will make every reasonable effort to ensure your Products are delivered within the timescales given above, unfortunately, we cannot guarantee that they will not be affected by unforeseen issues affecting our delivery partners. Under these circumstances, delivery charges will not normally be refunded. Either we or our contractors will contact you to arrange for delivery of the Products and will give you a delivery time slot. If delivery is attempted during that time slot and you are not available to take delivery, we reserve the right to charge you for any loss that we may suffer as a result.
11. Returns Policy
If you have cancelled the Contract in accordance with clause 4 above and the Products have been processed for delivery or have been delivered to you then we will arrange for the Products to be collected from you. Following the collection of the Products from you, we will check that you have taken reasonable care of the Products. Subject to our being satisfied that you have taken reasonable care of the Products, we will process the refund to you as soon as possible, and, in any case, within 30 days following the day on which you have given notice of your cancellation of the Contract. In these circumstances, we will refund the price of Products in full, including the cost of sending the item to you. However, we will deduct a collection charge of £50 from the amount due to you.
If you have cancelled the Contract in accordance with clause 4 above and the Products have not been processed for delivery, then we will process the refund due to you as soon as possible and, in any case, within 30 days follows the day on which you gave us notice of cancellation of the Contract. If you cancel the Contract for any other reason (for example, if you think the Products are defective or they do not match their description), we will collect the Products from you and examine the returned Products. We will notify you of our decision regarding a refund within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. Products returned to us because of a defect will be refunded in full, including a refund of the delivery charges for sending Products to you and any charge we may have levied for the collection of the Products. In all cases, please ensure that the despatch note is returned with the Products as proof of purchase. We recommend that you take a copy for your own records.
We will refund you using the same method you used to pay for the Products.
Unfortunately, we cannot stop an order once it's been confirmed by us. If you change your mind about your order after this point you can return the Products to us in accordance with this returns policy.
This returns policy does not affect your statutory rights in respect of defective Products.
12. Risk and Title
The Products will be at your risk from the time of delivery even if you have given us notice that you wish to cancel the Contract. Ownership of the Products will only pass to you at the time of delivery or (if later) when we receive full payment of all sums due in respect of the Products, including any delivery charges.
13. Your Information
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing.
14. Our Liability
In the event of a fault in our Products (including a defect or a Product not matching its description) notified to us within a reasonable time after delivery we will (subject to confirmation of the fault and provided that the Products have been treated by you in accordance with the manufacturers’ guidelines and care instructions), exchange the Products or refund you in full (including any delivery and collection charges) but we shall not have any other liability towards you.
This does not affect your statutory rights.
15. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control including Acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute, failure or delay on the part of a subcontractor or supplier or acts of local or central Government or other competent authorities. This does not affect your statutory rights.
16. Severability
If any of these terms and conditions is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.
17. Entire Agreement
These terms and conditions and other notices elsewhere on our website contain the whole agreement between us and you relating to the supply of Products. No other terms or conditions will form part of the Contract unless agreed by us in writing and signed by an authorised The Bed Factory (Leamington) ltd employee.
18. Our Right To Vary These Terms And Conditions
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that you order Products from us.
19. Law And Jurisdiction
Contracts for the purchase of Products through our site are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Every effort will be made to ensure that all items shown are in stock we offer no guarantee of availability and this electronic publication does not constitute an offer for sale. Goods are normally dispatched within 48 hours. If we are unable to despatch your order within 7 days, we will contact you by e-mail with an estimated despatch date and offer you the option of cancelling the order.
Prices and Tax.
The price shown for the goods excludes postage and packing unless specifically stated. The charges for postage and packing are shown in the Checkout once you have entered the country and method of delivery and before you are asked to confirm the order. The price you pay will include VAT for all deliveries within the European Union. For deliveries outside EU, VAT will be deducted from the total price. Delivery to non-European countries may result in import duties payable on receipt of the goods. You will be liable for these duties.
Cancellation and Returns
If you are not satisfied with the goods (non bedding/mattress excluded) you have a right to cancel the contract, return the goods and receive either a full refund of your monies or replacement goods. The information on how to cancel and the Cancellation Form will be sent with the goods, together with the postal details of where to return the goods. Please send an e-mail to us before you return goods, telling us that you are returning the goods and why. This must be reported within 7 working days of delivery of the item.
The colour of goods may vary slightly from that shown on the website due to limitations of browser software and monitors.
Confidentiality
All confidential information, including credit card details, are held securely and only transmitted in encrypted form. Customer details are not passed to third parties and are used only in accordance with the Data Protection Act.
Indemnity
You agree to indemnify us against any claims, losses, liabilities, damages and expenses (including legal fees), arising out of your use of this site.
Jurisdiction
The Contract will be governed by the laws of England and Wales and the parties to the Contract submit to the jurisdiction of the English Courts.
Consumer Rights
None of the above Terms and Conditions affects your statutory consumer rights.
These terms and conditions apply to our website - www.thebedfactory.co.uk only! Not in store.