This page contains information on the terms and conditions for purchases
from Bedstar Limited, trading as bedstar.co.uk.
These terms and conditions apply to the purchase of any goods/ products from
Bedstar Limited. 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 Bedstar Limited. Bedstar 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.
Contents of the terms and conditions:
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. Insolvency of Buyer
11. General
12. Headings
13. The Buyer's right of cancellation
14. Proper law of Contract
15. Limitation of liability
16. Data protection
17. Complaints and disputes
Standard conditions of sale:
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 Bedstar Limited.
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 Bedstar Ltd. The address
is:
Bedstar Ltd, Chapel Showroom, 98 High Street, Knaresborough, North Yorkshire,
HG5 OHN.
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
Bedstar Ltd 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 Bedstar Ltd, whether electronically or via other
means.
Application of conditions
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 Bedstar Ltd, 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 ommission 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. Basis of Sale
3.1 Subject to the Buyer's right to cancel the Contract, included within
clause 13, 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 The description of Goods shall be set out in writing in the Confirmation.
3.3 Any items 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.
Price and payment
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.
4.5 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 Suppliers 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.
Description of Products
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 Measurements produced on our website are for guide purposes only
and may not be taken as exact.
5.5All products supplied by bedstar Ltd may have a tolerance of + - 3%
Warranties and liabilities
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 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, wilful 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.
Customer Information
All our products come with a one year manufacturers guarantee, if you take
a look at individual descriptions on the mattresses you may find that your
item comes with a warranty.
A warranty in the case of the products on our site are an extended reassurance
that if the product has a manufacturers fault within the set warranty period
the manufacturer will exchange or fix the item in question. Please note that
in the case of warranties that this replacement is not done free of charge
and that warranties from bed manufacturers work on a sliding scale depending
on how long you have had the mattress. If you have had the mattress 2 years,
you will pay a smaller percentage towards a new mattress than you would if
you have had the mattress 5 years.
Delivery
7.1 All delivery charges displayed on the website are guidelines. Final
delivery charges will be confirmed before despatch and processing of the Order.
The Seller will not deliver to addresses outside of mainland United Kingdom.
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
specifed 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 authorised 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.
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.
7.7 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.
7.8 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.
7.9 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.
7.10 Deliveries made by national carriers will be delivered by one man
and delivered to your front door.
7.11 All goods must be signed for, We are unable to deliver to unattended
premises or outside of customer addresses.
7.12 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.
7.13 Postcode areas AB31 - 38, AB41 - 56, FK19 - 21, H5, IV1, IV3 - 56
cannot be delivered on a next day basis.
7.14 Deliveries made to business addresses will have the customers authority
for anybody in the building to accept goods on the customers behalf. Bedstar
will accept no responsability once the goods have been signed for at the requested
address.
7.15 For
Items that are
In Stock deliveries can take between 3
- 21 days depending on your location in the country and the
type of item ordered.
7.16 All products that are available on a 'next day' delivery service
will be delivered by a 1 man logistics company. The services used will only
deliver the ordered items to the front door of the designated delivery address.
This means that if you reside in an apartment or a block of flats, the delivery
driver will deliver to the lobby of the building only. Please understand that
the logistics companies that offer a 'next day' service are not insured to
enter a private premises.
Please be aware that if you purchase a product on a 'next day' delivery service
and require assistance with the positioning of the product, you must arrange
the assistance yourself..
7.17 If you have any specific delivery requirements prior to ordering
please contact bedstar on 0844 880 1570 or email
enquiries@bedstar.co.uk
to confirm we can meet your requirements.
7.18 Bedstar/ contracted deliverers will not remove existing pieces of
furniture to help make room for newly delivered products. Likewise, old pieces
of furniture will not be taken away. The customer must take the responsibility
to organize the removal and disposal of unwanted furniture.
7.19 Bedstar and our contracted deliverers if requested by the customer
will assist the customer in taking the order into the premises, to the appropriate
room. However, prior to delivery permission must be sought by Bedstar and if
agreed, both Bedstar/ the contractor and the personnel of Bedstar/ the contractor
will not accept liability for any damage both to the delivered product and to
the customers property, (including all types of fixtures, fittings and building
structure), whilst assisting the customer with such a request. The customer
must solely take responsibility for this action. Any consequent damage should
fall under the customer's household insurance.
7.20 If Bedstar agrees to such a request, there will be no additional
charge. It will be expected that the passageway and the necessary room(s) will
have been cleared in order to make way for the order.
7.21 Bedstar/ third party contractors will not assemble any orders even
if requested to do so. The assembly of orders is the responsibility of the customer.Preparation
for delivery: Customers are advised when accepting goods to have protective
sheets available as the goods been delivered may have transferred through a
number of warehouses and delivery vehicles. Bedstar will not accept any liability
for any damaged caused.
7.22 Please be aware for health and safety issues delivery drivers are
unable to remove their shoes when delivering products into customers houses.
If you need to protect your flooring please make sure an adequate cover has
been placed on the floor prior to the delivery driver arriving.
Acceptance of the Product(s)
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 entitiled to reject Products
which are not in accordance with the Contract.
Risk and title
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 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.
Insolvency of Buyer
10.1 This clause applies
if:
10.1.1 The Buyer makes any voluntary arrangements with its creditors
or becomes subject to an administration order or (being an individual or firm)
becomes bankrupt, or (being a company) goes into liquidation (otherwise than
for the purpose of amalgamation or reconstruction) or
10.1.2 An emcombrancer takes possession, or a receiver is appointed,
of any of the property of assets of the Buyer, or
10.1.3 The Buyer, not being a Consumer, ceases or threatens to cease,
to carry on business, or
10.1.4 The Seller reasonably apprehends that any of the events mentioned
above is a about to occur in relation to the Buyer and notified the Buyer accordingly.
10.2 If the clause applies, without prejudice to any other right or remedy
available to the Seller, the Seller shall be entitiled to cancel the Contract
or suspend any further deliveries under the Contract without any liability to
the Buyer, and if the Products have been delivered but not paid for the Price
shall become immediately due and payable, despite any previous arrangement or
agreement to the contrary.
General
11.1 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 licences or other authorisations)
and the party shall be entitiled to a reasonable extension of its obligations.
11.2 Provided that if any event referred to in clause 11.1 continues
for a period in excess of 30 days, the Buyer will be entitiled to give notice
in writing to terminate the Contract.
11.3 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.
11.4 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.
11.5 In the event that a wooden or metal bedframe is purchased, the seller
is not responsible for replacing damaged parts if the bedframe has been improperly
constructed or improperly used. Any metal or wooden bedframe that is being used
on laminate or wooden flooring must have anti slip pads under the centre legs
and they must be straight or the bed will collapse. Also the bed once assembled
is not to be dragged with the mattress on it, as this will cause excess pressure
on the central support causing the bed to collapse.
Headings
12.1 The headings of the Clauses in these conditions are intended for
reference only and will not affect the construction of these conditions.
12.2 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.
12.3 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.
The Buyer's right of cancellation
13.1 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.
13.2 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.
13.3 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.
13.4 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.
13.5 If the Seller has delivered the Products to the Buyer but the Buyer
wants to cancel the Contract, as prescribed in clauses 13.1 and 13.2, 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.
Proper law of Contract
14.1 The Contract shall be governed by the law of England and Wales
and any dispute, question or remedy howeverso arising determined exclusively
by the Courts of England and Wales.
Limitation of liability
15.1 The Seller's total liability in Contract, tort (including negligence
or breach of statutory duty), misrepresentation, restitution ot otherwise, arising
in connection with the performance or contemplated performance of this agreement
shall be limited to the price paid for the Products.
15.2 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.
15.3 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.
Data protection
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 unauthorised access to information supplied
by the Buyer.
Complaints and disputes
17.1 If the Buyer has a complaint about the Goods or service, the Buyer
should contact Bedstar Ltd, the Seller by:
17.1.1 Post- sent to the Address in the definitions section
17.1.2 Electronic e-mail to support@bedstar.co.uk
17.1.3 Telephone on 0844 880 1570
17.2 The Seller will try to respond in writing to the Buyer's complaint
within 14 working days of receiving it.
If you do not agree with our terms and conditions, please do not use our website.
Bedstar Limited trading as bedstar.co.uk is a company registered in England
and Wales, registration number 05204678
Registered office
2 Mount Parade,
Harrogate,
HG1 1BX.