Terms & Conditions
1.1 The definitions in this clause apply in the terms and conditions set out in this document:
- Force Majeure Event: shall have the meaning given in clause 11.
- Goods: the products that we are selling to you as set out in the Order.
- Order: your order for the Goods as set out on the order confirmation.
- Order Confirmation: the confirmation e-mail which will be sent to you after your Order has been received.
- Terms: the terms and conditions set out in this document.
- Writing: or written does not include faxes.
1.2 Headings do not affect the interpretation of these terms.
2. BASIS OF SALE
2.1 By purchasing Goods via our website 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 mattress will be free from defects in material or workmanship.
4.2 All beds are warrantied for the period of one year under the manufacturer's 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:-
- The Goods have been used for any other purpose than its specified use
- The Goods have suffered mattress damage;
- The mattress is in a soiled or stained condition;
- The Goods have been incorrectly stored.
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 aim to deliver the Goods to you within 5 working days with the exception of weekends and Bank Holidays.
5.2 Free delivery is offered to England, Wales & parts of Scotland & normally delivered within 5 working days. Deliveries to the Isle of Man carry a £25 charge & are normally delivered within 7 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 return your Order within 14 working days from the date you receive the Goods.
- All Goods should be returned unopened and in the original packaging.
- All Goods should be returned to us at your own expense and within 14 days.
- Until Goods are returned to us you will retain the Goods and take reasonable care of them. You will also be under a duty to take reasonable steps to see that the Goods are received by us and not damaged in transit.
- Within 30 days upon receipt of the goods, provided the goods are returned unopened, and undamaged, we will refund the amount paid onto the same payment method used to make the original purchase.
6.2 If you wish to cancel your order, please contact us as soon as possible within 2 hours of purchase. We will do our best to cancel your order, however due to the automated nature of our systems, we may not catch your order in time.
7. DEFECTIVE GOODS AND RETURNS
7.1 In the unfortunate event that your goods do not arrive in a satisfactory condition, please let us know at the earliest opportunity. In this event we can do one of the following:
- provide you with a partial refund to keep the goods as delivered, or
- replace the goods that have been damaged, or
- arrange a collection and provide a full refund.
8. TITLE AND RISK
8.1 The Goods will be your responsibility upon receipt of delivery.
8.2 Ownership of the Goods will pass to you upon receipt of delivery.
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 charged on Orders made in the UK at the rate chargeable at the time your Order is submitted.
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:
- loss of income or revenue;
- loss of business;
- loss of anticipated savings;
- loss of data; or
- any waste of time
However this clause 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:
- death or personal injury caused by our negligence; or
- fraud or fraudulent misrepresentation; or
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
- any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
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 Crazypricebeds.com at Beecham Business Park, Northgate, Aldridge, Walsall WS9 8TZ United Kingdom, email: email@example.com, telephone: 01922 718 555. 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.