Terms And Conditions | The English Bed Company
TERMS AND CONDITIONS | THE ENGLISH BED COMPANY
TERMS & CONDITIONS
If you wish to cancel your order please contact us within 14 days of making your order, see clause 1.6.
In the unlikely case of damage, errors or omissions please inform us on the signed delivery note and notify the delivery team. Please note that our headboards normally represent the largest piece on a delivery. It is the customers responsibility to ensure adequate access for all ordered items.
The only items we offer from stock are those displayed in the clearance section, including ex-display models, cancelled orders and those from a photo-shoot. All other items are bespoke and therefore are ordered individually and custom built to your specifications.
1. Terms and Conditions of Trading –
The English Bed Company These Terms and Conditions of Trading apply to all consumer contracts between The English Bed Company and Our subcontractors (‘us/we/our’) and the Customer (‘you/your’) in relation to all sales of goods and services.
1.1. Product Specifications
1.1.1. We have a policy of continuous product development and reserve the right to amend the specification of products without prior notice in relation to future sales.
1.1.2. Goods supplied may differ as a consequence from those on display or advertised. Unless agreed with you, the goods supplied will be of equivalent value, functionality and appearance. Any significant variations will be highlighted on the display model.
Please note all drawer storage beds are supplied as a drawer divan base unit with glide feet covered in the colour of your choosing. All storage beds must be supplied as a divan to the floor and are not available on the tall legs.
1.1.3. We will endeavour to match the colour and texture of the fabric of your goods to the samples chosen as accurately as possible, but variations in both the colour and texture may occur.
1.1.4 Leather goods are made from quality natural leather and accordingly they may not be uniform in colour or texture. Only the finest hides are selected but they will show natural marks and scars on the hide. Some leathers will mellow with age and with exposure to sunlight and heat.
1.2.1. The measurements of all furniture and furnishings made by us will be as accurate as possible, but are nevertheless approximate and subject to manufacturing tolerances up to and including +/- 7% of the total size.
1.3.1. All prices include VAT, where appropriate, at the prevailing rate and are subject to any promotional offer or discount.
1.3.2. Although every effort has been made to ensure that the prices displayed on our website are accurate we reserve the right not to accept orders placed where the pricing is incorrect. In the unlikely event that this situation should occur we will inform you prior to any goods being produced.
1.4.1. We require payment before production of Goods will start.
1.4.2. We will contact you as soon as possible to advise you of your estimated delivery date and at this time the balance of any monies due will be payable. If for any reason you fail to make payment as required by these terms and conditions, then with effect from the date of invoice, the balance of the price will bear interest at the rate of 3% for each month or part of a month until such time as the balance of the price has been paid in full.
1.4.3. Our final prices listed online include VAT at the prevailing rate and delivery to mainland UK. We can accept payment by Credit/Debit card, Cheque or Bank Transfer.
1.4.4. Our bank details for payment by Bank Transfer are as follows:
Account Name: Forest Sofa Ltd Sort Code: 09-02-22 Account No: 10439203
1.5.1. For all purchases we will contact you to arrange a delivery when your furniture is completed.
1.5.2. We will deliver your goods to any UK mainland address. Please note that there may be a surcharge for delivery to Northern Ireland and the Highlands (IV postcodes and above). Delivery to any Isles would be price on application. All deliveries are completed subject to access. Our two man team will deliver to the room of your choice, unwrap the goods and ask you to inspect the goods before signing the delivery note. Our normal delivery teams will carry furniture up a maximum of two flights of stairs, higher deliveries will require lift access or alternative arrangements to be made by the customer.
After production it can take a few days for your items to be collected by the carriers. Please note our carriers operate on a 10 working day delivery service from the date of collection and will contact you approximately 3 days before delivery to book. Our usual deliveries are completed Monday to Friday. Our carriers can sometimes arrange delivery on a Saturday or on a specific day in the week subject to an additional charge. Please ask sales staff for more details if required.
1.5.3. We do not charge you the full price of the delivery but instead ask for a contribution of £49.00
1.5.4. From time to time our suppliers may run out of stock in your chosen fabric or leather, in which case we will contact you immediately to arrange a new delivery date based on their supply estimates.
1.5.5. If we accidentally damage goods in the course of delivery, then our liability for that damage is limited to the repair, refund or replacement of the goods or the value thereof. To ensure your claim is not rejected please make a note of any damage on the signed delivery note.
It is the responsibility of the customer to ensure the access route is clear and all obstacles are removed including ornaments, art, clocks etc. All floors and fittings must be adequately covered to prevent damage. Provided the above is carried out effectively, and if damage is caused during delivery, compensation or repair will be offered up to a maximum value of £150 inc Vat. We may send an independent tradesman to assess the damage and advise a quote, or we may accept two quotes obtained by the customer. Any damage must be noted on the paperwork. (Failure to note the damage on the delivery note will invalidate any claim.)
1.5.6. Time of delivery is not of the essence in these Terms and Conditions of Trading. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any reasonable delay or delay due to unforeseen circumstances outside of the reasonable control of The English Bed Company or delay due to any reasonable rescheduling of delivery.
1.5.7. Please note that our export deliveries are kerbside only and subject to access by a 40ft trailer. In the unlikely event of any damage or omissions this must be immediately written on the delivery note or your claim will be rejected.
1.6. Returns and Refunds
1.6.1. We will accept the cancellation of a finished order (‘Goods’) subject to the following conditions. Our 14 days returns policy applies to non-bespoke orders for domestic customers within the UK mainland only. Trade customers and overseas customers are unable to return orders but please contact us on [email protected] if you have any issues under warranty.
184.108.40.206. The Goods must not have been made to your specification or otherwise personalised (‘bespoke’) to your requirements and your order was not placed following a showroom visit. Please note for hygiene reasons we are unable to accept unwrapped mattresses or bedding for refund. Please note all stock items are stock sold as seen and these items are reduced in price in line with their condition, please ask your sales person for more details of the individual stock item.
220.127.116.11. If you wish to cancel the order and have not seen the Goods in our showroom before placing your order, you must notify us of your wish to cancel no later than 14 days after delivery, in writing via email at [email protected] or by letter delivered to our showroom by recorded delivery.
18.104.22.168. The Goods must have a mainland UK delivery address.
22.214.171.124. If these conditions are satisfied, the refund will be paid to you within 14 days of the date of cancellation or within 14 days of proof of return whichever is later. Refunds are processed via the method of payment originally used for the purchase of the Goods.
1.6.2. If you cancel, you are obliged to take reasonable care of any Goods delivered to you, which must be kept in a new unused condition.
1.6.3. In the unlikely event of a manufacturing fault or transit damage, all faults will be repaired in situ wherever possible. If this is not possible we will collect at our cost for factory repair. If the Goods are beyond repair we will offer a replacement of equal value and style where possible, free of charge.
1.6.4. If you wish to return an item for any reason within 14 days you may do so free of charge. This includes items returned because they did not fit in your home.
1.6.5. Please note that our cancellations/returns policy does not apply to export orders, cabinet furniture, accessories, stock clearance or bespoke items, this includes items ordered in a colour not offered in the standard swatch listed online. This does not affect your statutory rights.
1.7.1. The provisions of this clause apply in addition to your statutory consumer rights in relation to faulty or wrongly described goods. These rights are not affected by the guarantee.
1.7.2. For the purpose of this clause the guarantor is The English Bed Company.
1.7.3. All of our mattresses and upholstered goods carry a 1 year manufacturers guarantee against faulty workmanship and/or faulty materials in relation to framework, cover and upholstering. In addition to this your beds wooden framework only is covered for an additional four years.
Trade customers are not eligible for extended warranty and these orders are covered by our 1 year manufacturers guarantee only.
1.7.4. Title of the guarantee is non-transferable and shall remain with the original buyer.
1.7.5. The manufacturer guarantee does not cover wear and tear, neglect, fading, abuse or misuse of your goods, loss or damage (including rusting and corrosion) due to unreasonable exposure to water or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, or theft, or accidental damage or loss caused by a third party.
1.8. Claims under Guarantee
1.8.1. In the event of a claim under guarantee occurring please contact The English Bed Company in writing and we will advise you on how to proceed with your claim. All issues must be reported immediately on becoming apparent. The English Bed Company will not be liable for any issues that worsen due to a delay in reporting. Any works required must be carried out by The English Bed Company or our nominated representative. Any unauthorised works may invalidate your warranty.
1.8.2. In order to proceed with your claim we will require proof of purchase and you must be the original title holder of the Goods.
1.8.3. We will endeavour to repair the defective goods free of charge. If a repair is not possible you will be offered a replacement of similar or greater value in a similar style to your product. Only if a suitable replacement is not available will you be offered a refund.
1.8.4. We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged or wrongly delivered goods, over and above the value of the goods themselves. This does not affect your statutory rights.
1.8.5. Our guarantees are limited to goods sold and retained in the United Kingdom, used solely for private and domestic purposes.
1.9. Internet/Web Purchases
1.9.1. All of our bespoke upholstered goods are made to your exact specifications and therefore cannot be cancelled once we have accepted your order.
1.9.2. In respect of all other purchases you have the right to cancel your order up to 14 days after the delivery date. You must keep the product in an as-new saleable condition and retain the original packaging in the condition it was provided.
1.9.3. Should you require a refund or have any other query or complaint, please contact The English
Bed Company in writing, within 14 days of receiving your order.
1.9.4. Our registered address is Newbury House, Ford Lane, Salford, M6 6PD.
1.9.5. The following clauses apply to our Internet Site and Internet/Web
126.96.36.199. We endeavour to display as accurately as possible the colours of our products that appear on the website. However, we cannot guarantee that your monitor will accurately reflect the colour of the product delivered. For clarity, we offer a free swatch service to view the swatches in your
home environment and we strongly encourage all customers to request a swatch before placing your order.
188.8.131.52. The contract shall not be concluded until we have received your valid payment details and we have accepted your order.
184.108.40.206. Every effort is made to ensure the complete accuracy of our website however some prices/details may change from time to time and it is possible that errors may occur. We will rectify any errors as swiftly as possible but we cannot be responsible for any losses incurred.
220.127.116.11. We are entitled to refuse any order placed by you at our discretion.
18.104.22.168. To the maximum extent permissible by law, we exclude all warranties, expressed or implied as to the accuracy of the information contained in any of the materials on the website. We cannot accept any liability for any particular material on the website or as a result of any use or reliance placed upon information contained on the website.
22.214.171.124. Any material downloaded or otherwise obtained through the use of our website is done so at your own discretion and risk. You will be solely responsible for any loss or damage to your own computer systems that result from the download of such materials.
126.96.36.199. We control and operate the web site from our offices within England, UK. Accordingly, the laws of England & Wales govern claims relating to, including the use of, the web site and the materials contained therein. If you choose to access our website from outside of England and Wales
you do so on your own initiative and you hereby agree that in the event of a dispute between The English Bed Company and you the laws of England and Wales will apply at all times.
1.10. Data Protection
1.10.1. The English Bed Company takes privacy seriously. We process your personal data in accordance with the Data Protection Act 1998 (‘the Act’).
1.11. Applicable Law
1.11.1. These Terms and Conditions of Trading are governed by and are to be construed in accordance with the laws of England and Wales.
1.11.2. The English Bed Company is obliged by law to provide the following information:
188.8.131.52. The website http://www.theenglishbedcompany.co.uk/ is operated and owned by The English Bed Company. Our registered address and contact point for all written communications is: Newbury House, Ford Lane, Salford, M6 6PD
1.11.3. The English Bed Company is a trading name of Forest Sofa Ltd.
1.12. Social Media
1.12.1. By tagging The English Bed Company you also grant The English Bed Company the right to use your username, real name, image, likeness, caption or other identifying information in connection with the use of your photo.
1.12.2. The English Bed Company will choose and publish uploaded photos at its absolute discretion. For the avoidance of doubt, The Bed Company is under no obligation to use any of the photos uploaded.
1.12.3. We may use your photo on The English Bed Company’s webpages, including the Shop Instagram page, product pages and in editorial and advertising content.
1.12.4 You will retain legal ownership of any rights you own (including copyright) in any photo you upload. However, by tagging The English Bed Company you grant to The English Bed Company a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, assignable, sub-licensable license to use the photo in the manner set out above.
1.12.5. By tagging The English Bed Company, you warrant and represent that (i) you own all rights (including copyright) in the photo uploaded or, if the photo is subject to third party rights, you have all required licenses, rights, consents and/or permissions to publish the photo and grant the license described above to The English Bed Company, and (ii) you are over 18 years of age.
To the extent permitted by law, you also agree to waive any moral rights you may own in relation to any photos uploaded. THE ENGLISH BED COMPANY may use, edit, alter, reproduce, translate, publish, or create derivative works from any photo uploaded at THE ENGLISH BED COMPANY’s sole discretion.