1.1 The definitions in this clause apply in the terms and conditions set out in this document:
1.2 Headings do not affect the interpretation of these terms.
2. BASIS OF SALE
2.1 By purchasing Goods via from Sleep Design Ltd you are agreeing to be bound by these Terms. Therefore, you should consider the Terms set out below carefully and confirm your acceptance of them before proceeding to submit your Order. We are free to accept or decline your Order at our absolute discretion.
2.2 Any descriptions, advertising or illustrations on our website are solely to provide you with an approximate idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods.
2.3 We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
2.4 We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
3. DESCRIPTION OF GOODS
3.1 The description of the Goods will be as specified on the order submission form and on the Order Confirmation.
3.2 It is your responsibility to check that the Goods are what you intended to order.
4.1 For a period of one year we guarantee that the cover on a mattress will be free from defects in material or workmanship.
4.2 All products are warrantied for the period of one year under the manufacturers warranty only.
4.3 The guarantees are in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms.
4.4 The guarantee will not apply if:-
4.5 These guarantees do not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, if Goods are not correctly stored, if Goods are in a soiled or stained condition or because of your failure to follow our instructions.
4.6 On exercising your rights under the warranties and to make a claim you must present the invoice or Order Confirmation as proof of purchase.
5.1 We will deliver the Goods to you on the next day following safe receipt of your Order with the exception of weekends and Bank Holidays.
5.2 Free delivery is offered to England, Wales & parts of scotland & normally delivered the next working day if ordered before 2pm. Deliveries to postcodes pre-fixed AB, BT & PO30-41 carry a £25 charge & are normally delivered within 1-3 working days. Deliveries to postcodes pre-fixed HS, IV, KW, ZE & KA27-KA28, PA40-PA80, PH20-PH50 & Southern Ireland carry a £50 charge & are normally delivered within 3-5 working days. Deliveries to the Channel Islands (JE & GY), Isle of Man (IM) & The Isles of Scilly (TR21-TR25) carry a £75 charge & are normally delivered within 3-5 working days.
5.3 We will take reasonable steps to meet the delivery date set out on the Order Confirmation or as otherwise agreed between us. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
6. CANCELLATION OF GOODS AND RETURNS
6.1 You may cancel your Order at anytime within the cancellation period of 14 working days from the day after the day you receive the Goods. You must notify us of the cancellation by email and the following terms shall apply:-
7. DEFECTIVE GOODS AND RETURNS
7.1 In the unlikely event that the Goods do not conform with these Terms, please let us know within 7 days after delivery. We will ask you to return the Goods to us at your cost and once we have checked that the Goods are faulty, we will:
7.2 We have full discretion on whether the Goods will be replaced or repaired should the Goods be found to be defective due to faulty workmanship or structural defect.
7.3 If the Goods are not found to be defective no refund will be made to you and you will be liable to pay the re-delivery charge.
8. TITLE AND RISK
8.1 The Goods will be your responsibility from the time of delivery.
8.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges if applicable.
9. PRICE AND PAYMENT
9.1 The price of the Goods will be as set out on the Order Confirmation.
9.2 These prices include VAT which will only be charge on Orders made in the UK or the European Union at the rate chargeable at the time your Order is submitted.
9.3 Payment for all Goods must be made in full at the time of submitting your Order. All prices and charges on this website are in pound sterling only.
9.4 We confirm that we do not store credit card or any financial information.
10. LIMITATION OF LIABILITY
10.1 Subject to clause
10.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
10.2 Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
10.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
10.3 This clause does not include or limit in any way our liability for:
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
11.2 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
12. ASSIGNMENT You may not transfer any of your rights or obligations under these Terms to another person. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to Sleep Design Limited at Unit 7B Beecham Business Park, Northgate, Aldridge, Walsall WS9 8TZ United Kingdom, email: firstname.lastname@example.org, telephone: 08455 21 23 20. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
14.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
14.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
14.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
14.4 These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.