British Beds Worldwide Ltd
Unit MSU9A Level 1, Plymouth PL1 1EA United Kingdom
Tel: +44 (0) 1752 290748
email: firstname.lastname@example.org web: www.britishbedsworldwide.com
Co No 5267678 registered in England and Wales at 33 Mary Seacole Road, The Millfields, Plymouth PL1 3JY United Kingdom
UK VAT No 892 3726 91
[Please note these Terms and Conditions were updated 25/9/2017]
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. Cookies. By accessing our website we may store some information on your hard disk (‘a cookie’). This is done for site and search engine optimisation and statistical purposes ONLY as a means of improving the efficiency and operation of the site. We do not store personal infomation in cookies. You can prevent cookie storage by accessing the relevant section of your computer control panel. Otherwise by using this site you are confirming that you accept storage and use of such cookies.
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.
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. The fabric shown in our website images or described in manufacturers specifications may be withdrawn by the manufacturer and a similarly coloured fabric of the same or better quality substituted therefore with little or no notice. Unless you have stipulated a specific fabric nae or number at the time of your order, you agree to accept such substitution of fabric without any change in the itemised prices or overall total cost shown on your invoice. EU law permits a tolerance of +/-2cm to stated sizes on production. Such tolerance is measured in strict laboratory conditions. Handmade pocket-sprung mattresses may compress during storage and transit and may take up to 6 months of regular and normal use to revert to their production size. In the context of size your mattress is deemed to be correct at the point of production, not at the point of delivery unless it does not revert to size within 6 months of normal usage and proper care from the date of delivery or first use, whichever is the later;
b. When your order is ‘accepted’ by us: You are deemed to have placed an order with us when you have paid the required 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 the required deposit (usually 20% of the total invoice price) at the time you place your order. Any payment you make to us 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 leave the UK and at the point of full payment being received the legal title in the goods will transfer from us to you. We will notify 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 do not receive your payment or cannot obtain authorisation for your payment by the stipulated date;
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 either (a) any unilateral mistake that you make in providing and communicating your specification and/or instructions to us or (b) any error or omission that we make in your order acknowledgement and invoice that you do not tell us about when you could reasonably have been expected to notice it.
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;
(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 trans-ship, 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 cannot in his sole and absolute opinion safely bring the vehicle to within 50 metres or is prevented from so doing by local traffic restrictions of which you have not made us aware at the time of placing your order, you must immediately provide at your own expense 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 cannot provide either of these alternatives and the goods cannot 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 trans-ship, 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 or to dispose of packaging or your old item(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 damage if you fail to give us proper and timely notice or if you do not examine the goods at the time of delivery;
(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.
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.
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 against 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 non-performance can be reasonably 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