Terms & Conditions
The Terms & Conditions below are relevant to items bought on
www.elitebedsandmattressesdirect.co.uk or over the phone. Your Statutory rights
are not affected.
1. FORMATION OF CONTRACT AND ORDER ACCEPTANCE POLICY
1.1 You can place your order for our products:-
By telephoning the number shown on the home page
On our website by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the website.
2. TERMS AND CONDITIONS OF WEBSITE AND PURCHASE
2.1 This legal notice applies to the entire contents of our website and to any correspondence by e-mail between you and us. Please read these terms carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms, do not use this website. This notice is issued by Elite Beds and Mattresses Direct Limited and all references to 'us', 'we' or 'our' are to Elite Beds and Mattresses Direct Limited.
3.1 "Buyer" means the person who buys or agrees to buy the products/goods from the seller.
3.2 "Seller" means Elite Beds and Mattresses Direct Limited.
3.3 "Products" means those goods specified.
3.4 "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.
3.5 "Consumer" shall bear the meaning in Section 12 Unfair Contract Terms Act 1977.
3.6"Delivery date" means the date specified by the seller when the products are to arrive at the buyers address.
3.7"Dispatch" means the date the product leaves the relevant warehouse.
3.8 "Delivery place" refers to the delivery address as specified by you, the buyer, when ordering.
3.9 "Order" refers to your offer, as the buyer, to purchase products that you place with us, whether electronically or via other means.
3.10 "Regulations" refers to the Consumer Protection (Distance Selling) Regulations 2000 ("The Buyers Right to Cancel").
3.11 "Address" refers to the address for Elite Beds and Mattresses Direct Limited.
66 Avon Road
3.12 "Contract" refers to any Contract between the buyer and Elite Beds and Mattresses Direct for the sale and purchase of products incorporating these conditions, whether completed electronically through this website or via other means.
4. APPLICATIONS OF CONDITIONS
4.1 These conditions shall apply to the exclusions 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 Elite Beds and Mattresses Direct, the seller, subject to 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.
4.2 There will be no binding contact between the two parties if for any reason the seller does not accept the buyers order.
4.3 To enable the seller to perform the Contract in accordance with these conditions the buyer must ensure that the details that the buyer provides the seller are complete and accurate and that the buyer provides all the necessary information relating to the supply of the products within sufficient time.
4.4 Any error or omission in any sales literature, price list, quotation and invoice, acceptance of offer or other document or information issued by the seller shall be subject to correction without any liability on the part of the seller.
4.5 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 buyers 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 7 days of the order. The seller will not be obliged to offer any compensation for disappointment suffered. If any 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.
5. DEFINITION OF SALE
5.1 No Contract exists between the buyer and the seller for the sale of any products until the seller has received, processed and confirmed the order and the seller has received part or full payment. When the seller has received part or full payment there is a legal binding Contract between the buyer and seller.
5.2 Any advertising or specifications issued by the seller and any illustrations or descriptions contained within our website will not form part on any Contract. Such information is by way of illustration or guidance only, and may not bear any relationship with products.
5.3 The seller may assign the Contract or any part of it to any person or company.
5.4 The buyer shall not be entitled to assign the Contract or any part of it without prior written consent.
6. PRICE AND PAYMENT
6.1 We reserve the right to increase the price to reflect any taxes or duties which are or may from time to time be levied by any government statutory or local authority upon the sale of the products and any necessary additions shall be charged at the rates prevailing at the date of invoice.
6.2 The price listed includes V.A.T. (value added tax) at the UK standard rate. The correct price you will pay will be on your printed order confirmation. All orders are payable in full before delivery.
6.3 We accept credit cards/debit cards, Visa, Delta, MasterCard, Switch, Maestro, Solo, we do not accept American Express or Diners Club. You must confirm that the credit or debit card that is being used is yours in order to purchase product(s) on our website or over the telephone. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason, authorise payment to us, we shall be permitted to cancel our Contract with you.
6.4 Orders must be processed and approved by our Payment Provider as well as any other security checks by 12pm for next day delivery.
7. ACCURACY OF PRODUCT INFORMATION AND DESCRIPTION OF GOODS
7.1 All product images, specification and other information published on our website have been made accessible by Elite Beds and Mattresses Direct. The intention is that all information on the website should be as accurate and up to date as possible. However, while we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy.
7.2 You the buyer agree that any colour appearing on the website is, because of the computer system, not necessarily an accurate representation of the colour it purports to portray All the actions taken by the buyer on the website are the responsibility of the individual.
7.3 All descriptions of goods will be as accurate as possible; sizes are given as an approximation and are standard UK sizes. Remember, bed frames will always be larger than the mattress that fits it (taking into account the thickeness of the frame, side rails etc). Please do not hesitate to contact us for information on unusual sizes.
8. GUARANTEES AND FAULTY GOODS
8.1 All goods are guaranteed against materials and workmanship for a period of twelve months from the date of delivery Complaints relating to faulty goods should be notified in writing within seven days of the fault becoming apparent and should be addressed to Elite Beds and Mattresses Direct Limited, 66 Avon Road, Devizes, Wltshire, SN10 1PT.
8.2 In the rare event that goods develop a manufacturing fault, the seller retains the right to have the goods repaired or replaced at the seller's discretion, and any delivery costs associated with the exchange of faulty goods will be met by the seller unless the goods were collected by the buyer.
8.3 Repair turnaround time is dependant on the relevant manufacturer's current workload We will not accept any claims for losses you suffer during this time.
8.4 Where goods are reported as faulty we reserve the right to arrange an inspection and if the goods are found on inspection not to be faulty but the result, for example of:-
fair wear and tear, subjecting the product(s) to excessive wear and tear, e.g. jumping up and down on the mattress(es), standing on a frame
use without bed linen
using the product(s) with a base for which it was not designed
not used in line with the sellers recommendations
rolling or bending the product(s)
negligence or wilful damage
overloading any drawers and causing distortion of the base
Then the seller retains the right to charge a minimum of £80 for the inspection to cover its costs plus travel expenses This charge will be agreed and paid for in advance of any inspection, and where an item is found to be faulty, then the purchase value of the faulty product will be refunded to the buyer within seven days of the inspection.
8.5 No other part of the order will be refunded where more than one item is purchased at the same time on the same order.
8.6 If the product is damaged as a result of any or similar examples as described in 8.4, then the guarantee is void and you will not be entitled to a replacement product, part or refund.
8.7 The buyer and the seller shall both agree to be bound by the results of the inspection.
YOUR STATUTORY RIGHTS ARE NOT AFFECTED
9.1 Refunds on goods cancelled prior to delivery or despatch will be made as soon as possible following written notification of cancellation from the buyer and in any case will not exceed a period of 7 days of that written notice before the delivery date All refunds will be made onto the same card used to make the original purchase Refunds on goods already delivered will take place as soon as possible following the collection, return and inspection of such goods and in any case will not exceed a period of 30 days following that collection/return.
9.2 Where an item has already been despatched or delivered, a fixed £50 fee will be applied to cover the cost of the original delivery fee, plus a return and collection of £1 p/running mile back to the main Swindon, Wiltshire warehouse. For example - an original delivery fee of £25 will incur £25 to return the product, plus £20 if the delivery distance was 10 miles. Therefore, the amount would be £45. This amount will be deducted from any refund amount.
10.1 Within Regulations the buyer has the right of cancellation within seven days except where the product(s) has been specially made, sold business to business, or where the buyer has subjected a product(s) to one or more of the examples in 8.4, or has failed to adhere to 10.4.
10.2 Please note that your right to return an item does not apply to certain items if you have changed your mind or no longer require them This is partially due to health and hygiene reasons Such items include:
mattresses, sofabeds, divans, headboards, pillows, duvets, mattress protectors
flat pack furniture, bed frames that have been opened, partially or fully assembled
10.3 It is the responsibility of the buyer to ensure that the item(s) purchased are suitable for their requirement For example size, suitability, colour, feel, appearance, description, price In such or similar circumstances no refund can be given by the seller.
10.4 You are required to take reasonable care of items Please return an item in its original, un-opened and undamaged packaging with all of its components If an item is returned un-opened, undamaged in its original and undamaged packaging and is re-saleable, we will offer you a refund in accordance with our refund policy (see point 9.1 & 9.2).
10.5 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 you report the alleged fault or damage, then we will either exchange the product(s) or offer a full refund within 14 days of delivery In such circumstances, provided that the product(s) are adequately wrapped and are not as described in section 8.4 and 10.2.
10.6 You will be wholly responsible for the arrangement and cost of the return of the goods, see 9.1 & 9.2. A quote can be provided on request for the return of the item(s) by us using our own vehicle or chosen haulage company.
10.7 Goods received back incomplete, damaged or in any condition other than sellable as new, will be returned back to the buyer and the cost of return carriage will have to be paid by the buyer before we arrange the return of the goods to the buyer.
10.8 Any product that has been opened will not be accepted back.
10.9 If you do not return an item after our reasonable attempts to recover it, you will be deemed to have accepted the item.
10.10 Your statutory rights are not affected.
11.1 If the buyer chooses not to allow Elite Beds and Mattresses Direct to arrange the safe return of items back to us, then alternatively you can make your own arrangements at your expense for the carriage and the return of the product(s) to us.
11.2 Please notify us if you are arranging the return yourself.
11.3 Please ensure that these product(s) are wrapped well and in their original wrappings Product(s) will remain the responsibility of you until they are received by us, following which we will refund payment, provided always that the product(s) are received by us undamaged.
11.4 You are required to take reasonable care of items Please return an item in its original, un-opened and undamaged packaging with all of its components If an item is retu ed un-opened, undamaged in its original and undamaged packaging and is re-saleable, we will offer you a refund in accordance with our refund policy (see point 9.1 & 9.2).
12. AVAILABILITY OF GOODS
12.1 All services and products are subject to availability and may be withdrawn at any time We will refund any money already paid if we do not supply the ordered goods (please note if we have effected the delivery and the buyer is not at the delivery address during the agreed date and time, it will be considered that we have supplied the order) However, we will not be responsible for compensating you for any other losses you may suffer if we do not supply the goods.
14. DELIVERY CHARGES
14.1 All prices on our website are inclusive of delivery. Free Delivery is for most mainland addresses and we reserve the right to add any congestion charge, parking fee or road toll necessary to effect a delivery to your property. Delivery is always to the main entrance of the property on the ground floor.
14.2 Delivery fee's quoted on this website (including free delivery) do not
apply to any of the following postcodes: IV, HS, KA27-28, KW, PA20-49, PA60-78,
PH17-26, PH30-44, ZE, BT, IM, TR21-25 or any offshore addresses, delivery to
any of these area's carry a increased delivery charge so please ask for a quote
15. DELIVERY TIMES
15.1 We will always endeavour to deliver goods within the times stated but goods are subject to availability and delay in delivery of goods is sometimes outside of our control. Any dates and time we specify for the delivery of the goods are approximate only and we shall not be liable for any losses, costs, charges, damages or expenses caused by any delay for delivery of the goods. And time shall not be of the essence of the order and form part of the contract.
Our standard delivery time, is from 8am - 6pm. So, please ensure that you are at the address to receive the goods.
15.2 Such delays could be a result of, but not limited to:-
Holiday periods, ie, Christmas, Easter
Inaccessibility, ie, prohibited entrance to a property, security measures, road closures, narrow roads or driveways The buyer must assume that the delivery vehicle is approximately the same size as a refuse lorry
Incorrect details provided by the buyer
Unforeseen circumstances, such as but not limited to lock-outs, strikes, riots, malicious damage, labour disturbances, trade disputes, government action, (including action by any local or statutory authority), fire, floods, vehicle breakdown, acts of God, delays by suppliers or any other cause whatsoever beyond the sellers control
15.3 Where possible the seller will always try to contact the buyer to advise them in advance of such circumstances It is the responsibility of the buyer to make the seller aware of any access or delivery restrictions at the time of purchase so that reasonable steps can be made in advance of delivery.
15.3 If there are circumstances that the seller is not aware of, and that subsequently the seller is unable to deliver the goods successfully then the seller will 'Fail' the delivery (see Section 16 below).
15.4 The driver cannot offer assistance of assembly of beds.
15.5 It is likely that the delivery vehicle will be a long, heavy goods vehicle, weighing approximately 7.5 tonnes with a height of 14' 3" (Typical size of a dustbin lorry). Therefore it is your responsibility to ensure such a vehicle can access your property legally and inform us about any weight, height and parking restrictions, as well as any difficult access points and unadopted roads/paths. This will help us to deliver your order and ensure that we have made arrangements for the appropriate size of delivery vehicle to be used.
If you do not tell us this information, your delivery may not be completed
and an aborted delivery charge of £25 will be levied.
16. FAILED DELIVERY
16.1 If the buyer:
a) fails to give us adequate delivery instructions and/or inform us that there are errors in the order acknowledgement and/or order confirmation relating to the delivery address details
b) fails to inform us that the agreed delivery day is not convenient and as a consequence you fail to take delivery of the good(s) whenever a delivery is attempted
Then without prejudice to any other right or remedy available by us, we reserve the right to and will seek to recover all transportation costs for the return trip back to the main warehouse, and/or any re-delivery fee as set out in 9.2 will apply.
17.1 The seller can arrange a re-delivery of the product to the buyer The cost of any re-delivery will need to be paid in full by the buyer before dispatch, as shown in 9.2.
17.2 The cost of the return delivery, re-delivery or admin fee will need to be paid for in full by the buyer before the product(s) are dispatched again.
17.3 Product(s) will remain the responsibility of you the customer until they are re-delivered to your address.
18. RESPONSIBILITY FOR GOODS
18.1 As soon as we have delivered the goods to your door you will be responsible for them We will only deliver goods to the address on the order and goods will not be left without a signature or at an alternative address From the time of receipted delivery of the goods any loss or damage to the goods shall be at your own risk Any transit damage to the goods, shortages or incorrect goods supplied must be noted on the delivery consignment note at the time of delivery.
19. LIMITATION OF LIABILITY
19.1 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.
19.2 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.
19.3 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.
20. COMPLAINTS AND DISPUTES
20.1 If the buyer has a complaint about the goods or service, the buyer should contact Elite Beds and Mattresses Direct, the seller by:-
post - sent to the address below
e-mail to firstname.lastname@example.org
telephone on 01793 239246
the seller will try to respond in writing to the buyer's complaint within 14 working days of receiving it.
During your purchase from this website you agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
Elite Beds and Mattresses Direct Limited is a company registered in England & Wales Registered Office at:-
66 Avon Road
Company registration number: 9491764
Telephone 01793 239246