1. Welcome to the British
Beds Worldwide Ltd (“BBW”) website
terms and conditions (“T&C”).
These apply to the purchase of any goods and/or
services from BBW by you, the consumer. Please
ensure that you read our T&C carefully before
placing an order with us, as placing an order
shall mean that you agree to be bound by the prevailing
T&C as set out below. These T&C may be
modified at our discretion and without notice
to you and therefore it is important to consider
these T&C each and every time you place an
order with us.
2. Nothing in these T&C will affect your
statutory rights as a consumer. If you are reading
this and you are buying goods for use in a business
please consult our ‘Terms and Conditions
for Business Use’ instead.
3. This site complies with appropriate UK legislation
and it is for use by adult consumers accessing
this site from within the UK and abroad. If
you are a consumer purchasing goods from us
and reside outside the UK please be aware that
the law of England and Wales is the governing
law of any sale.
Part I: Privacy and Use of Our Website
4. We will not collect any personal information
about you unless you have chosen to give it
to us and we will only use information we have
collected about you for improving customer service,
and to respond to your queries and to tell you
from time to time of developments at BBW.
5. By accessing our website we may store some
information on your hard disk (‘a cookie’).
You can remove this by accessing the relevant
section of your computer control panel.
6. When you speak to us on the phone, some calls
may be monitored or recorded in case we need
to check we have carried out your instructions
correctly and to help improve our quality of
service.
7. This site contains a large amount of information.
We have tried to make it as clear, easy to use
and as accurate as possible. However we disclaim
all express or implied warranties that this
site is accurate, complete, or up to date. We
will have no liability to you if it is not.
8. We are not in any way responsible for anything
mentioned on or linked to this site that someone
else is marketing.
9. Email is not a completely secure means of
communication and it may be possible for others
to intercept and read your messages. If you
choose to send us information by email, it is
at your own risk.
10. The material featured on this site is subject
to Copyright and/or third party copyright, details
of which can be found in copyright notices throughout
our site. Copying our logos and/or any other
third party logos accessed through this site
is not permitted without prior approval from
the relevant copyright owner.
11. You do not have permission to link directly
to pages hosted on this site and we do not permit
our pages to be loaded into frames on your site.
12.If you want more information about anything
on this site, please contact our head office.
[Contact]
PART II: Purchasing Goods from Us
13. These T&C apply to all orders which you
place with BBW Ltd. The ordinary meaning of
words is given to the T&C expressed within
this site. Subheadings are used for ease of
reference only. If any individual term or condition
is held by any competent court of competent
jurisdiction to be invalid then the remaining
T&C will remain in full force and effect.
14. Specifications, Orders and Despatch
a. Description of Goods: Whilst
we try to be as accurate as possible in our
descriptions of the products we offer for sale,
errors and omissions may occur from time to
time and you must not rely on our descriptions
as full technical specifications. The appearance
of colour on our site may also vary from the
true colour of the goods themselves. Full specifications
including fabric samples can be obtained from
us on request. Headboards and accessories may
appear in images for illustrative purposes only.
Unless specifically stated these items are not
included in the prices shown.
b. When your order is ‘accepted’
by us: You are deemed to have placed
an order with us when you have paid a 20% deposit,
whether you are ordering via our online order
form or by email or fax or telephone or post.
When you have placed your order and paid your
deposit, we will accept your order and invoice
you. You shall be given 2 days to check your
invoice and correct any errors or omissions
if necessary. Until we accept your order by
confirming our acceptance to you in writing
and by receiving your deposit, no binding contract
will exist between you and us;
c. Price and VAT: The prices
shown on this website are the Net price for
one individual item and exclude delivery and
VAT. Quantity discounts may apply on quotation
and invoice. Where applicable (e.g., goods
are to be delivered to a private and / or non-VAT
registered business customer within the EU),
VAT at the prevailing UK rate will be added
to the quotation and invoice. VAT is payable
on the cost of delivery within the EU, but
is not payable outside the EU. We will show
VAT separately on your invoice and include
it in the total price. If we charge separately
for packing, carriage and insurance and other
relevant charges, this will be shown clearly
on your invoice. Our prices may be subject
to change from time to time without notice.
We use our best endeavours to keep our site
up to date but on occasion the prices advertised
may not reflect actual purchase prices. If
there are any price changes these will be notified
to you before we accept your order and you
will have the right to withdraw your offer
to purchase goods from us;
d. Payment: All goods remain
the property of BBW until fully paid for. All
purchases from us are to be paid for in GBP
or EUROS. Payment may be made by credit or debit
card, bank transfer or cheque. You must pay
us a deposit of 20% of the total invoice price
at the time you place your order. Your deposit
will be deemed to have been received in the
case of payment by credit or debit card when
payment of the deposit has been remitted to
us by your card issuer; in the case of payment
by bank transfer, when the funds are received
in our account; and in the case of payment by
cheque, when the cheque has cleared. Once your
order and deposit have been received, we will
issue an order acceptance notice and invoice
with details of your order. You must check this
invoice and order details carefully and notify
us within two days of any errors or omissions
no matter how insignificant they may appear
to be. Amendments to the order other than corrections
of errors or omission will not be accepted more
than 7 days after the date shown on your invoice
and will be subject to the provisions of clause
16 below. Payment of the balance must be received
before the goods are delivered and at the point
of full payment the legal title in the goods
will transfer from us to you. We will telephone
you a few days before despatch from the UK to
allow you time to pay the balance.
e. Refusal to accept and/or fulfil an
order: We may refuse to accept and/or
fulfil an order entirely at our discretion.
This may include but not be limited to the following
situations:-
i. where goods are no longer available;
ii. where we cannot obtain authorisation for
your payment;
iii. if there has been a pricing or descriptive
error;
iv. where we reasonably apprehend that you are/or
are about to make a voluntary arrangement with
a creditor/(s) or are about/have become subject
to a bankruptcy order on/before payment of your
deposit and/or after payment of your deposit
and before payment of balance purchase price.
In the event that this sub-clause iv applies
to an order we reserve the right to cancel your
order and, subject to the manufacturer accepting
cancellation of your order, return your deposit
less any transaction and other reasonable costs
we may have incurred. In the event that you
have paid a deposit and the manufacturer does
not accept cancellation we reserve the right
to retain your deposit in full and dispose of
the goods (which we have paid for in full).
f. Your responsibility: At the
time of placing your order it is your responsibility
to ensure that you have understood any advertised
specifications of goods and/or services and
that you are accurate in any bespoke specifications
and/or instructions provided to us in respect
of the goods themselves that you are ordering
and their delivery instructions. We shall not
be held liable for any loss or damage arising
through any unilateral mistake that you make
in providing and communicating your specification
and/or instructions to us.
g. Estimated Delivery Time and Despatch:
Your goods will be dispatched as soon as possible
and only upon receipt of both the full purchase
price (and delivery charge(s)
if applicable). We will use our reasonable endeavours
to despatch your goods to you as soon as possible
and we will let you know the delivery date as
soon as possible. We shall not be held liable
for any loss or damage arising out of any delay
in despatch of your goods as time is not of
the essence of any contract we form with you.
If a particular delivery date is essential for
you then you must notify us of this before placing
an order with us and obtain our agreement in
writing to meet your required delivery date
and our agreement may be subject to an additional
charge;
15. Delivery
(i) You must specify which level of delivery
service you require and at what cost at the
time of placing your order. Unless we agree
to provide a different level of delivery service,
delivery will usually be made by our contracted
carrier’s two-man team to the place that
you specify. The delivery contract shall be
between us and the carrier and you are not a
party to that contract. If we are delivering
to your property, you must accept delivery at
our convenience, which means that if you cannot
be at the delivery address on the day of delivery,
you must arrange for someone else to be there
to accept delivery on your behalf;
(ii) In the event that nobody is present at
the delivery address to take receipt of the
goods and you cannot be contacted the delivery
agent may at their absolute discretion and without
liability take whatever reasonable action they
consider appropriate to effect delivery or to
abort delivery altogether and place the goods
in store with a local agent or return the goods
to us. You will be liable to pay all subsequent
tranship, storage and transport costs that arise
directly or indirectly from the aborted delivery
before another attempt is made to deliver the
goods;
(iii) Where your invoice states that delivery
is included, this covers a physical carry by
the drivers of up to 50metres from their vehicle
to the property. If, on arrival at the delivery
address, the driver of the delivery vehicle
can not in his sole and absolute opinion safely
bring the vehicle to within 50 metres, you must
immediately provide an alternative means of
carry to enable the drivers to complete the
delivery to the delivery address or enable them
to place the goods elsewhere within 50m of the
vehicle. If you can not provide either of these
alternatives and the goods can not be off-loaded
immediately, the driver may abort the delivery
and make alternative arrangements which he in
his sole and absolute opinion considers reasonable.
You will be liable to pay all subsequent tranship,
storage and transport costs that arise directly
or indirectly from the aborted delivery before
another attempt is made to deliver the goods;
(iv) Unless your invoice specifically says so,
delivery agents are not contracted to unwrap
or assemble your goods; nor are they contracted
to dispose of packaging or your old bed(s);
(v) All packaging must be inspected and the
goods signed for. You must examine the goods
before the drivers leave and you will be provided
reasonable time to do this. You must not sign
the form “unexamined”. If you do
not unwrap and inspect the goods immediately
upon delivery, you must inspect their packaging
for any sign of damage in transit. If you discover
any damage to the packaging you must satisfy
yourself before the drivers leave that the goods
inside have not been damaged. If damage has
occurred and/or the goods are not in satisfactory
condition you must make every reasonable effort
to notify us at your earliest opportunity and
no later than 7 days after discovery of the
defect. If damage is identified upon delivery
then you must notify the delivery agent in which
case they can return the goods to us/the manufacturer
at no cost to you if this is appropriate. We
will not be liable for any defect if you fail
to give us proper and timely notice;
(vi) You shall be deemed to have accepted the
goods once the goods have been delivered and
inspected or within 7 days of delivery if not
inspected at the time of delivery.
16. Cancelling Your Order
The goods offered for sale on this site are goods
that will be made to your specification. Therefore
any order(s) you place with us shall be exempted
from The Consumer Protection (Distance Selling)
Regulations 2000 (as amended). This means that
you cannot change your mind once your order
is placed and/or reject and/or return the goods
to us following delivery unless the goods are
inherently faulty and fall within the grounds
for rejection as stipulated by the Sale of Goods
Act 1979 (as amended). Without prejudice to
the foregoing and in certain limited circumstances
we will permit you to cancel your order as an
act of goodwill. The excepted circumstances
are restricted to the following:-
a. Before paying the deposit:
You can cancel or amend your order before paying
a deposit;
b. After paying the deposit but before
paying the balance and you wish to amend your
order: We shall contact the manufacturer
of your goods and if the goods are not already
in the process of manufacture or have not already
been made and provided always that the manufacturer
accepts our amended order we shall action this
appropriately and account to you for any changes
in price;
c. After paying the deposit but before
paying the balance and you wish to cancel your
order: In cases where cancellation
has been sought and we are permitted to do this
by the manufacturer we shall refund your deposit
less any related charges we may incur from the
manufacturer and/or any other costs we may reasonably
incur;
In all other circumstances you must pay for
the goods you have ordered and take delivery
of them.
17. Risk and Retention of Title
BBW Ltd shall retain the legal title to any and
all goods that you order until you have paid
for them in full and we will not ship any goods
until we have received the full purchase price.
18. Assignment
You may not assign or sub-contract any of your
rights or obligations under these terms and
conditions or any related order for products
to any third party.
19. Guarantees
Our suppliers’ guarantees and/or warranties
will be passed on to you wherever possible.
Where manufacturers’ guarantees and/or
warranties cannot be passed on in part or in
full (e.g. because of difficulties in implementing
such terms within the UK or abroad) we will
guarantee products purchased from us for one
year from the date of delivery agai nst manufacturing
defects. The following exclusions will render
our/manufacturer warranties and/or guarantees
void and unenforceable: wilful damage or neglect
(including failure to follow manufacturers’
instructions for care and use, failure to turn
mattresses at recommended frequencies, and placing
a new mattress on an old divan or bed base)
and non-adherence to our weight / tension guide.
20. Limits of our liability
a. Our liability to you shall
not under any circumstances exceed the total
invoice price paid for goods unless otherwise
provided by law or our proven negligence or
fraudulent misrepresentation causes death or
personal injury. We shall not be liable to you
for any indirect or consequential losses, costs
or expenses whatsoever arising from or in connection
with any failure by us, our agents or subcontractors
to perform our contract with you;
b. We shall not be liable
to you for any losses, costs or expenses whatsoever
arising directly from non-performance or delayed
performance of any contract between us and you
provided always that that non-performance can
be reasonably be attributed to circumstances
beyond our reasonable control including but
not limited to: “acts of God”, fire,
explosion, epidemic, flood, war, national or
international emergency, riot, civil commotion,
terrorism, strike, labour dispute, blockade,
import or export delays not attributable to
us, acts of national or local governments.
c. In the event that circumstances
arise beyond our control such as those detailed
above then we shall use our reasonable endeavours
to notify you of those circumstances as soon
as it becomes practicable to do so. The absence
of such notice shall not mean that liability
is admitted and/or accepted and/or that we cannot
rely on sub-clause b above.
21. Mediation, Governing Law and Jurisdiction
In the event of any dispute arising between
the parties in connection with this agreement
that cannot be settled by negotiation, the parties
will in good faith, seek to resolve that dispute
through mediation in accordance with ADR Group
(of 46 Essex Street, The Strand, London, WC2R
3JF, UK, telephone +44 (0)207 632 7157) procedure
before resorting to arbitration. If the dispute
is not resolved by mediation within 30 days,
or if one of the parties will not participate
in the mediation, the dispute shall be referred
to arbitration in accordance with the rules
of the Chartered Institute of Arbitrators (London),
whose rules are deemed to be incorporated by
reference into this clause. Nothing in this
clause shall prevent either party seeking a
preliminary injunction or other judicial relief
at any time if in its judgement such action
is reasonable and necessary and proportional
to the issue of costs. The referral of this
dispute to Mediation does not affect the rights
that may exist under Article 6 of the European
Convention of Human rights and shall not prevent
either party from issuing proceedings. The jurisdiction
and law applicable to this contract is that
of England and Wales.
22. Entire Agreement
Unless otherwise agreed in writing, these T&C
shall apply to the exclusion of any other terms
and conditions and shall represent the entire
agreement of any sale of goods as advertised
on this website or through any other promotional
marketing which may be used by us from time
to time.
British Beds Worldwide Ltd
HQ34 237 Union Street
Plymouth
PL1 3HQ
25/02/2009
