These terms and conditions apply to the purchase of any goods/products
from Old English Bedding Company.co.uk. 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 Old English Bedding Company.co.uk. Old English Bedding Company.co.uk, 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.
1. Definitions
2. Application of conditions
3. Basis of sale
4. Price and payment
5. Description of Products
6. Warranties and liabilities
7. Delivery
8. Acceptance of the Product(s)
9. Risk and Title
10. General
11. Headings
12. The Buyer's right of cancellation
13. Proper law of Contract
14. Limitation of liability
15. Force Majeure
16. Data Protection
17. Complaints and disputes
1. Definitions
1.1 "Buyer" means the person who buys or agrees
to buy the Products/ Goods from the Seller.
1.2 "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.
1.3 "Seller" means Old English Bedding Company.co.uk
1.4 "Delivery date" means the date specified
by the Seller when the Products are to be delivered.
1.5 "Products" means those goods specified.
1.6 "Price" means the price for the Products
including delivery, packing and VAT.
1.7 "Regulations" refers to The Consumer Protection
(Distant Selling) regulations 2000 ("The Buyer's right to cancel").
1.8 "Tailored" means a Product that is non-standard.
1.9 "Address" refers to the address for .co.uk. The address is:
1.10 "Consumer" shall bear the meaning given
in Section 12, Unfair Contract Terms Act 1977.
1.11 "Contract" refers to any contract between
the Buyer and Old English Bedding Company.co.uk for the sale and purchase of Products
incorporating these conditions, whether completed electronically through
this website or via other means.
1.12 "Delivery Place" refers to the delivery
address as specified by you, the Buyer, in the Order.
1.13 "Order" refers to your offer, as the Buyer,
to purchase Products that you place with Old English Bedding Company.co.uk, whether
electronically or via other means.
2.1 Unless otherwise agreed in writing, these Conditions
shall apply to the exclusion of any other terms and conditions.
2.2 Each order that the Buyer places shall be deemed
to be an offer by the Buyer to purchase Products from Old English Bedding Company.co.uk,
the Seller, subject to these conditions.
2.3 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.
2.4 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.
2.5 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.
2.6 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.
2.7 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.
2.8 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.
3.1 Subject to the Buyer's right to cancel the Contract,
included within clause 12, 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.
3.2 A description of Goods shall be set out in writing
in the Confirmation.
3.3 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.
3.4 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.
3.5 The Buyer shall not be entitled to assign the Contract
or any part of it without prior written consent.
3.6 The Seller may assign the Contract or any part of
it to any person, firm or company.
4.1 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.
4.2 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.
4.3 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.
4.4 In the instance that payment has not been received
and an order has been confirmed, interest on overdue invoices shall be
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.
4.5 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.
4.6 Payment for the Products and any delivery charges
can be made by any method shown on the Supplier's website at the time
the Buyer places an order.
4.7 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.
5.1 The quantity and description of the Products shall
be set out in the Seller's confirmation.
5.2 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.
5.3 Photographs provided on the website are for illustrative
purposes only and may not exactly match the Product itself.
5.4 Colours in photographs provided on the website are
for guidance and may not be accurate due to reprographic processes.
6.1 The Seller warrants that the Products will correspond
with their specification at the time of delivery and will be free from
defect in quality, material workmanship and condition for a period of
12 months from delivery, unless otherwise specified and subject to conditions
set out below.
6.2 The Seller shall not be liable for any breach in
warranty in clause 6.1 unless:
6.2.1 The Buyer provides written notice of the defect
within 7 days of the time the Buyer discovers or ought to have discovered
the defect; and
6.2.2 The Seller is given reasonable opportunity after
receiving the Buyer's notice of defect to examine the Products in question
and the Buyer (if asked by the Seller to do so) shall return the Products
to the Address at the Seller's cost for the examination to take place
there.
6.3 The Seller shall not be liable for a breach of the
warranty in clause 6.2 if:
6.3.1 The Buyer makes further use of such Products after
giving notice of the defect to the Seller.
6.3.2 The defect arises as a result of fair wear and
tear, willful damage, negligence, misuse, abnormal working conditions
or failure to follow our oral or written instructions as to the storage
of use of the Products.
6.3.3 The Buyer alters or repairs such Products without
our written consent; or
6.3.4 The Buyer has not paid the Contract price for the
Products by the Payment date.
6.4 Subject to clause 6.2, if any Products do not conform
with any of the warranty, then within 30 days of us examining the defective
Products, the Seller (at the Seller's option) will either:
6.4.1 Repair or replace such Products (or the defective
part) free of charge; or
6.4.2 Refund the price of such Products (or a proportionate
part of the price) provided that the Buyer delivers up the Products for
collection (or, if the Seller so requests and at the Seller's expense
the Buyer return the Products or the part of such Products which is defective
to the Seller at the Seller's Address).
6.5 If the Seller complies with clause 6.4 the Seller
shall have no further liability for breach of any warranty in condition
6.1 in respect of such Products.
7.1 All delivery charges displayed on the website are
guidelines. Final delivery charges will be confirmed before the dispatch
and processing of the Order. The Seller will not deliver to addresses
outside of mainland England.
7.2 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.
7.3 Goods will be deemed to have been delivered once
delivered to the specified address as detailed in clause 7.2 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 authorized by the Buyer to accept
delivery of the Goods).
7.4 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.
7.5 Generally, where an order contains more than one
item all items will be delivered at the same time once all items are available,
unless otherwise agreed.
7.6 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 £25 to cover the cost
of the failed delivery.
7.7 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.
7.8 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.
7.9 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.
7.10 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.
7.11 The Seller will not be held responsible should the
Buyer decide to dispose of their existing furniture prior to their delivery.
8.1 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.
8.2 After acceptance the Buyer shall not be entitled
to reject Products which are not in accordance with the Contract.
9.1 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.
9.2 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.
9.3 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.
9.4 The Buyer may not use or resell the Products before
ownership has passed.
9.5 The Buyer grants the Seller the license 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.
10.1 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, licenses or other authorizations) and the
party shall be entitled to a reasonable extension of its obligations.
10.2 Provided that if any event referred to in clause
10.1 continues for a period in excess of 30 days, the Buyer will be entitled
to give notice in writing to terminate the Contract.
10.3 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.
10.4 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.
11.1 The headings of the Clauses in these conditions
are intended for reference only and will not affect the construction of
these conditions.
11.2 Representations- no statement, description, warranty
condition or recommendation contained in any price list, advertisement
or communication or made verbally by any of the Agents or Employees of
the Seller shall be construed to enlarge, vary or override in any way
thereof any of these conditions.
11.3 Additional costs- The Buyer agrees to pay for any
loss or extra cost incurred by the Seller through the Buyers instructions
or lack of instructions or through failure to delay in taking delivery
or through any acts or default on the part of the Buyer, its servants,
agents or employees.
12.1 In accordance with the Regulations the Buyer has
the right of cancellation within 7 days except where a Product is tailored
to customer requirements and without fault.
12.2 To exercise the Buyers 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.
12.3 Once the Seller has been notified of the canceling
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.
12.4 If the Buyer does not cancel the Contract in accordance
with clauses 3.1 and 3.2, 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.
12.5 If the Seller has delivered the Products to the
Buyer but the Buyer wants to cancel the Contract, as prescribed in clauses
12.1 and 12.2, 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.
13.1 The Contract shall be governed by the law of England
and Wales and any dispute, question or remedy however-so arising determined
exclusively by the Courts of England and Wales.
14.1 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.
14.2 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.
14.3 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.
15.1 Old English Bedding Company shall not be liable to you or
be deemed to be in breach of the Contract by reason of any delay in performing,
or any failure to perform any of Old English Bedding Company's obligations relating
to the Contract, if the delay or failure was due to any cause beyond Old English Bedding company's reasonable control including, without limitation:
15.1.1 Acts of God, fire, explosion, epidemic or flood;
15.1.2 War or national emergency;
15.1.3 Riot, civil commotion, lock-outs, strikes or other
labour disputes (whether or not relating to either party's workforce);
15.1.4 Restraint or delays affecting carriers or inability
or delay in obtaining supplies of adequate suitable materials;
15.1.5 import or export regulations or embargoes (including
the failure of the Company's suppliers to obtain any necessary export
permits, licences or other authorisations);
15.1.6 Acts, restrictions, regulations, bye-laws, prohibitions
or measures of any kind on the part of any governmental, parliamentary
or local authority.
15.2 Provided that, if any event referred to in clause
10.1 continues for a period in excess of 30 days, you shall be entitled
to give us notice in writing to terminate the Contract.
16.1 The Seller will take all reasonable precautions
to keep the details of the Buyer's order and payment secure but unless
the Seller is negligent, the Seller will not be liable for unauthorized
access to information supplied by the Buyer.
17.1 If the Buyer has a complaint about the Goods or
service, the Buyer should contact Old English Bedding Company.co.uk, the Seller
by:
17.1.1 Post - sent to the Address in the definitions
section
17.1.2 Electronic e-mail to sales@Mattison-Mattison.co.uk
17.1.3 Telephone on 01473 255 888
17.2 The Seller will try to respond in writing to the
Buyer's complaint within 14 working days of receiving it.
Disclaimer: All information and advice
on this website is provided in good faith. Old English Bedding Company.co.uk cannot
be held liable for any inaccuracies or losses incurred should you act
upon this information or advice.
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