|
Terms and Conditions
This page contains information on the terms and conditions for purchases from Archers (Bed World) Ltd, or archersbedworld.co.uk
These terms and conditions apply to the purchase of any goods/ products from Archers (Bed World) Ltd. By accessing our website and or/ placing an order you agree to be bound by all of the terms, conditions and policies set out below or within the website. Nothing in these conditions affects your rights as a consumer.
Please read these terms and conditions carefully before placing your order with Archers (Bed World) Ltd. Archers (Bed World) Ltd, at its discretion, may change, modify, add or remove these terms and conditions at any time and therefore it is important to read these each time you make a purchase order.
Standard conditions of sale:
Definitions
"Buyer" means the person who buys or agrees to buy the Products/ Goods from the Seller.
"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.
"Seller" means Archers (Bed World) Limited.
"Delivery date" means the date specified by the Seller when the Products are to be delivered.
"Products" means those goods specified.
"Price" means the price for the Products including, packing and VAT.
"Regulations" refers to The Consumer Protection (Distant Selling) regulations 2000 ("The Buyer's right to cancel").
"Tailored" means a Product that is non-standard.
"Address" refers to the address for Archers (Bed World) Ltd. The address is:
Archers (Bed World) Ltd, Wombwell Lane, Wombwell, Barnsley, S73 8EP
"Consumer" shall bear the meaning given in Section 12 Unfair Contract Terms Act 1977.
"Contract" refers to any contract between the Buyer and Archers (Bed World) Ltd for the sale and purchase of Products incorporating these conditions, whether completed electronically through this website or via other means.
"Delivery Place" refers to the delivery address as specified by you, the Buyer, in the Order.
"Order" refers to your offer, as the Buyer, to purchase Products that you place with Archers (Bed World) Ltd, whether electronically or via other means.
Application of conditions
Unless otherwise agreed in writing, these Conditions shall apply to the exclusion of any other terms and conditions.
Each order that the Buyer places shall be deemed to be an offer by the Buyer to purchase Products from Archers (Bed World) Ltd, the Seller, subject to these conditions.
Each order that the Buyer places shall be deemed to be accepted by the Seller and will become binding once the Seller issues a Confirmation to the Buyer or, if earlier, the Seller delivers the Products to the Buyer in accordance with the delivery terms and conditions.
If for any reason the Seller does not accept the Buyer's Order, the Seller will advise the Buyer as soon as practicable. This will mean that there will be no binding Contract between the two parties.
The Buyer must ensure that the details that he provides the Seller are complete and accurate and that he provides all the necessary information relating to the Supply of the Products within sufficient time to enable the Seller to perform the Contract in accordance with these Conditions.
Any typographical or clerical error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
If any provision of these conditions is adjudged invalid or unenforceable in whole or part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
If the Seller is not able to supply the Product and payment has already been made by the Buyer, then following agreement between the Seller and the Buyer, the Buyer's account will be refunded or re-credited with the sum paid by the Buyer. The refund will be carried out as soon as possible, in any event, within 30 days of the order. The Seller will not be obliged to offer any compensation for disappointment suffered.
Basis of Sale
Subject to the Buyer's right to cancel the Contract, included, the Seller shall sell and the Buyer shall buy the Products in accordance with the Confirmation. No Contract exits between the Buyer and Seller for the sale of any Products until the Seller has received, processed and confirmed the order and the Seller has received payment in full, (in cleared funds). Once the Seller does so, there is a legal binding Contract between the Buyer and Seller.
The description of Goods shall be set out in writing in the Confirmation.
Any item that is not a bed or the specified Product in the product description on the web page that appears in any photograph or illustration on the website or in product brochures will not form part of this Contract. An example of such items are lamps, bed covers, and in certain instances headboards, (unless mentioned in the product description). Such information is for illustration purposes only and may not comprise part of the Products.
Any specifications or advertising issued by the Seller and any descriptions or illustrations contained within our website or brochures will not form part of this Contract. Such information is by way of guidance or illustration only, and may not bear any relationship with Products.
The Buyer shall not be entitled to assign the Contract or any part of it without prior written consent.
The Seller may assign the Contract or any part of it to any person, firm or company.
Price and payment
The Contract price for the supply of Products shall be as set out in the Confirmation. In the event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the Contract upon written notice. If notice of price increase is given by the Seller, the Buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the Seller within seven days of delivery of the notice of price increase to the Buyer.
If the Seller makes an error in the Confirmation or any invoice or any receipt the Seller will correct that error within 60 days of being notified of any error.
Payment of the Price shall be due on the date of the purchase order. Payment shall be due before the delivery date and time for payment shall be of the essence.
In the instance that payment has not been received and an order has been confirmed, interest on overdue invoices shall accrued from the date when payment becomes due on a daily basis until the date of payment at the rate of 2% above HSBC's base rate in force at that time.
No payment shall be deemed to have been received until the Seller has received cleared funds. There will be no delivery until cleared funds have been received.
Payment for the Products and any delivery charges can be made by any method shown on the Suppliers website at the time the Buyer places an order.
Payments shall be made by the Buyer without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Seller to the Buyer.
Description of Products
The quantity and description of the Products shall be set out in the Seller's confirmation.
The Seller may make changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller's specification.
Photographs provided on the website are for illustrative purposes only and may not exactly match the Product itself.
The Products the Buyer orders will be delivered to the address specified in the order unless otherwise agreed in writing by the Buyer and the Seller.
Goods will be deemed to have been delivered once delivered to the specified address as detailed and the Seller will not be liable to the Buyer for non-delivery of the Products. The Seller does not need to satisfy itself that the person accepting delivery at the specified address is the Buyer (or authorised by the Buyer to accept delivery of the Goods).
Dates and times quoted for delivery are approximate only. The Seller shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
Generally, where an order contains more than one items all items will be delivered at the same time once all items are available.
Where a delivery date has been agreed with our carrier but the Buyer is not present to receive the delivery, the Seller reserves the right to charge the Buyer a minimum of £30 to cover the cost of the failed delivery.
If the Products ordered by the Buyer are not available or discontinued and the Seller is unable to deliver them to the Buyer within 60 days (or any other time limit agreed by the parties), the Seller shall inform the Buyer of this; cancel the Contract; and reimburse any sums paid by the Buyer (or which has been paid on the Buyer's behalf) under the Contract to the person by whom payment was made no later than 30 days after the due date for delivery of the Goods under the Contract.
Any liability to the Seller for the non-delivery of Products shall be limited to replacing the Products within a reasonable time or issuing a respective credit note/ refund raised for such Products.
The quantity or content of any consignment of Products as recorded by the Seller upon dispatch shall be conclusive evidence of the quantity or content received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
Time for the delivery shall not be of the essence. The Products may be delivered by the Seller in advance of the quoted delivery date.
Deliveries made by national carriers will be delivered by one man and delivered to your front door.
All goods must be signed for; we are unable to deliver to unattended premises or outside of customer addresses.
We do not accept any blame or liability for customers removing or disposing of old beds or mattresses prior to delivery. We do advise that customers only dispose of old goods after acceptance of the new goods been delivered.
For specific delivery requirements please call our customer hotline on 01226756622 or email at sales@archersbedworld.co.uk
Acceptance of the Product(s)
Other than where the Buyer acts as a Consumer, the Buyer shall be deemed to have accepted the Products 5 working days after delivery to the Buyer.
After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the Contract.
Risk and title
Risk of damage to or loss of the Products shall pass to the Buyer upon delivery. If the Buyer wrongfully fails to take delivery of the Products, then risk of the Products shall pass to the Buyer at the time when the Seller tendered delivery of the Products.
Notwithstanding any other provision herein title to the Products shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full for the Products and all other sums which are or which become due to the Seller from the Buyer on any account.
The Seller shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from the Seller.
The Buyer may not use or resell the Products before ownership has passed.
The Buyer grants the Seller the licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or where right to possession has terminated, to recover them, and to use reasonable force in doing so.
General
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside of their reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction or unavailability of power at the Seller's premises or its/ suppliers manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, import or export regulations or embargoes (including the failure of the Seller's suppliers to obtain any necessary export permits licences or other authorisations) and the party shall be entitled to a reasonable extension of its obligations.
Provided that if any event referred to in clause above continues for a period in excess of 30 days, the Buyer will be entitled to give notice in writing to terminate the Contract.
Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its Address or in the case of notices to the Buyer, at the Buyer's address as provided to the Seller.
Failure or delay by the Seller in enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
The Buyer's right of cancellation
In accordance with the Regulations the Buyer has the right of cancellation. To exercise the Buyer's right of cancellation, the Buyer must give written notice to the Seller by letter or e-mail giving details of the Products ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
Once the Seller has been notified of the cancelling of the Contract, the Supplier will refund or re-credit the Buyer within 30 days for any sum that has been paid or debited from the Buyer's credit card for the Products.
If the Buyer does not cancel the Contract in accordance with the above conditions, the Buyer shall be deemed to have accepted the Goods (except any manufacturing faults) and will not be liable to return the Goods to the Seller.
If the Seller has delivered the Products to the Buyer but the Buyer wants to cancel the Contract, as prescribed in the above conditions, the Buyer must retain possession of the Goods until the cancellation notice has been sent to the Seller within the relevant time limit. The Products can not be used. The Buyer will be responsible for returning the Products to the Supplier at the Buyer's own cost. The Products must be returned to the address in the definitions section. The Buyer must take reasonable care to ensure that the Products are not damaged in the meantime or in transit and return then in the packaging and condition they were delivered to the Buyer.
Proper law of Contract
The Contract shall be governed by the law of England and Wales and any dispute, question or remedy how ever so arising determined exclusively by the Courts of England and Wales.
Failed delivery attempt
In the event that you miss your delivery, a card will be left with contact details to re-arrange delivery / collection for a convenient day. There will be an additional transportation costs for the return trip. This will be £25 for a single item i.e., a mattress. £50 for multiple items i.e. a divan or bedstead etc.
RETURNS & CANCELLATION
If your goods are incorrect, faulty or damaged on delivery we will either exchange the product or issue a full refund within 28 days of your delivery. This does not affect your statutory rights.
If you are unhappy with your purchase for any other reason, or change your mind, and notify us within 7 working days of delivery, days except where a Product is tailored to customer requirements and without fault. We will offer you a choice of either exchange to another product or collection and refund of the goods. We reserve our right to recover the cost of collection. Goods will only be exchanged or refunded if the packaging is still in tacked and have not been used. Soiled goods will not be exchanged, unless they have been noted at the time of delivery, on the delivery note.
There will be a charge of £50 for every item that is returned to cover the transportation and administration costs.
You need to ensure that all reasonable care is taken of the goods whilst in your possession. Where possible original wrappings must be retained and used for return.
The courier will liaise with you to arrange a mutually convenient day for collection. Once we have received confirmation that the goods have been collected and returned in good condition, we will issue the relevant refund.
Complaints and disputes
If the Buyer has a complaint about the Goods or service, the Buyer should contact Archers (Bed World) Ltd, the Seller by:
Post: sent to the Address in the definitions section
Electronic e-mail to salest@archersbedworld.co.uk
Telephone on 01226 756622
We will try to respond in writing to the Buyer's complaint within 14 working days of receiving it.
Limitation of liability
The Seller's total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the Products.
Nothing in these conditions excludes or limits the liability of the Seller for death or personal injury caused by the Seller's negligence or fraudulent misrepresentation.
The Seller shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for the loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
Data protection
Archers (Bed World) will take all reasonable precautions to keep the details of the Buyer's order and payment secure but unless Archers (Bed world) is negligent, Archers (Bed World) will not be liable for unauthorised access to information supplied by the Buyer.
Buy purchasing from Archers (Bed World) Ltd or archersbedworld.co.uk,you have agreed to our terms and conditions.
If you do not agree with our terms and conditions, please do not use our website.
|
