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@ukbedstore
TERMS AND CONDITIONS OF SALE
This page (together with our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site (refer to clause 16)) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on September the 7th 2022
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 www.bedsinleek.co.uk and www.ukbedstore.com are sites operated by Bedz Bedzz & Bedrooms Limited (We or us). We are a company registered in England and Wales under company number 05960975 and with our registered office at Newspaper House, Brook Street, Leek, Staffordshire ST13 5JE. Our VAT number is 904 5669 13.
1.2 To contact us, please see our Contact Us page.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a tolerance which is the larger of 5 cm or 2%.
2.3 The packaging of the Products may vary from that shown on images on our site.
2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
2.5 Unless otherwise stated the Products are flat packed and require assembly by you.
3. USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products are in stock and are being processed for dispatch (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products and you are not willing to wait until the Products are in stock or to receive alternative Products, we will refund you the full amount as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We may revise these Terms from time to time due to:
(a) changes in how we accept payment from you;
(b) changes in how we operate; or
(c) changes in relevant laws and regulatory requirements.
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of:
(a) any products made to your specification or clearly personalised; or
(b) goods that cannot be returned in the same physical state as they were supplied;
(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(d) your order having already been dispatched. This will then be subject to our returns policy ie it will be subject to our collection charges.
9.3 Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period. We will require photos to be emailed to us so we can check that the packaging is adequate for our couriers to collect.
9.4 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to sales@bedsinleek.co.uk or sales@ukbedstore.com . You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
9.5 If you have returned the Products to us because you are exercising your right to change your mind you will receive a refund as follows:
(a) the price you paid for the Products. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) an amount in respect of the delivery costs you paid, but the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product during the week at one cost but you choose to have the product delivered at the weekend at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) we will deduct from any refund any collection cost we charge you in accordance with clause 9.8(b).
We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.
9.6 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us. We will ask for photos to be emailed to us in the first instance so we can assess any damage or issues.
9.7 We refund you on the credit card or debit card used by you to pay.
9.8 If the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will require photos to be emailed to us so we can check that the packaging is adequate for collection by our couriers. We will contact you to arrange collection;
(b) unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. We will require photos to be emailed to us so we can check that the packaging is adequate for our couriers to collect. We will charge you only the cost incurred by us for collection of the Products;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.9 In taking reasonable care of the Products for the purposes of clause 9.8(c):
(a) Due to the stresses and wear caused to Products which require assembly, once they are assembled by you they cannot be returned in the same physical state. In respect of Products which require assembly by you, you should inspect and assess them and ensure that they are suitable prior to assembly.
(b) In respect of mattresses, pillows, protectors and duvets for reasons of hygiene, once these are removed from their cover they cannot be returned in the same physical state. You should inspect and assess mattresses prior to removing them from their plastic covering and pillows, protectors and duvets must not have been used at all.
9.10 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation.
9.11 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.12 Refunds due to difficulty delivering items and packages due to size -
(a) Standard "one man" delivery - Please be aware that it is fully the responsibility of the customer to make sure that the items will go into the property, and carton sizes can be provided to you on request. If, upon or after delivery, the items will not fit in the property, this will the be classed as a "failed delivery" and the customer will then be responsible for any "failed delivery" charges or collection charges incurred by ourselves.
(b) "Room of choice" delivery - Please be aware that it is fully the responsibility of the customer to make sure that the items will go into the property, (and in the case of "room of choice" deliveries, being delivered up stairs or to room of choice) and carton sizes can be provided to you on request. If, upon or after delivery, the items will not fit in the property, or up any stairs, or into a certain room, then this will be classed as a "failed delivery" and the customer will be responsible for any "failed delivery" charges (including any extra you may have paid to upgrade to this service) or collection charges incurred by ourselves.
10. DELIVERY
10.1 Please note that timescales for delivery and delivery charges / surcharges will vary depending on the availability of the Products and your address. Please allow for extra time for deliveries to the Scottish Highlands and Islands and the following postcodes: AB, DD, EH, FK, IV, KW, KY, LL, LD, P, PA, PL, PH, SA, SY, TQ, TR.
10.2 Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
10.3 If you are a consumer and we are unable to deliver to you within 30 days of your order, or if later, 14 days from the estimated delivery date, then we will notify you of this in writing and, unless we agree with you otherwise, we will cancel your order. On cancellation of the order any payment you made for the price of the Products and applicable delivery charges will be refunded as soon as possible.
10.4 Once the Products are ready for dispatch we will endeavour to agree a delivery date with you. Please note that there may be a limited number of days when deliveries can be carried out. Once a date has been agreed, please arrange to be at the delivery address to take delivery of the Products.
10.5 As the delivery may be unavoidably delayed, where relevant you should retain your old furniture until the Products arrive.
10.6 Delivery will be completed when we deliver the Products to the address you gave us.
10.7 The delivery of the Products will be a standard delivery unless stated otherwise. Clauses 10.7 and 10.8 apply to standard deliveries. Delivery to a room of your choice is provided in respect of mattresses and divan sets 3’ wide or larger and other selected items where specified on the product information page. Clauses 10.7 and 10.9 apply in respect of deliveries to a room of your choice.
10.8 In respect of all deliveries:
(a) We will not remove any existing items of furniture.
(b) You must sign to confirm that the Products have been delivered to you.
(c) If you request that we leave the Products without them being signed for by you then we will not be liable if the Products are lost or damaged following delivery and there is no reason to believe that the loss or damage was caused by us.
(d) For health and safety reasons the delivery drivers are unable to remove their shoes. If you need to protect your flooring please make sure that an adequate cover has been placed on the floor prior to the delivery arriving.
(e) We would be grateful if you could make a note of any damaged boxes and inform the delivery driver.
10.9 In respect of standard deliveries:
(a) The Products will be left at the first accessible ground-floor door at the address (in the case of blocks of flats this could be a communal entrance, not necessarily the entrance to your property). The delivery driver will not take items up steps to get to this door, and if there are steps the delivery driver will leave the Products at the bottom of the steps.
(b) The delivery driver will not take the Products into your property.
(c) If no one is available at your address to sign for and take delivery of the Products, we may try to deliver again the following day, and after the last attempt at delivery we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
(d) Please be aware that it is fully the responsibility of the customer to make sure that the items will go into the property, and carton sizes can be provided to you on request. If, upon or after delivery, the items will not fit in the property, this will the be classed as a "failed delivery" and the customer will then be responsible for any "failed delivery" charges or collection charges incurred by ourselves.
10.10 Where delivery to a room of your choice is specified:
(a) Delivery to your room of choice is not available for items weighing more than 100 kilograms.
(b) Where delivery to a room of your choice is specified, where possible we will do our utmost to put the Products in your room of choice. All room of choice deliveries will be subject to a site survey by the driver who will assess whether it is possible to place the Products in your room of choice. If after the site survey the delivery team considers it unsafe or considers that they would be unable to place the Products in your room of choice, the driver will ask you for an alternative room to place the Products. If no alternative room is available or accessible the Products will be left at the first accessible ground-floor door at the address.
(c) Please ensure that all valuable items and, insofar as is possible, all obstacles and trip-hazards are removed from the route between the entrance to your property and the room of your choice.
(d) Please be aware that it is fully the responsibility of the customer to make sure that the items will go into the property, (and in the case of "room of choice" deliveries, being delivered up stairs or to room of choice) and carton sizes can be provided to you on request. If, upon or after delivery, the items will not fit in the property, or up any stairs, or into a certain room, then this will be classed as a "failed delivery" and the customer will be responsible for any "failed delivery" charges (including any extra you may have paid to upgrade to this service) or collection charges incurred by ourselves.
10.11 The Products will be your responsibility from the completion of delivery.
10.12 You own the Products once we have received payment in full, including all applicable delivery charges.
10.13 Please take your goods out of their packaging and check them over as soon as you can. We allow 14 working days from day of delivery as a reasonable period of time to inform us of damage or defect. If you inform us after this period, it may jeopordise potential refunds or replacements.
11. NO INTERNATIONAL DELIVERY / OFFSHORE DELIVERY / INTENDED FOR OFFSHORE DELIVERY
11.1 Unfortunately, we do not offer delivery to addresses outside Great Britain (Great Britain does not include Northern Ireland or the Republic of Ireland) or mainland England, Wales, or Scotland (including, but not only the Isle Of Wight, Isle Of Man)
11.2 You may place an order for Products from outside Great Britain, but this order must be for delivery to an address in Great Britain, but not to forwarding / shipping companies.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products will be as quoted on our site as updated from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.
12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site as updated from time to time. To check relevant delivery charges, please refer to our Delivery Charges page.
12.5 Our site contains a large number of Products. It is always possible that, despite our efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that if we discover an error in the price of the Products you have ordered we will inform you in writing of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
13. HOW TO PAY
13.1 You can only pay for Products using a debit card, credit card or Paypal. We accept the following cards: Visa, Delta, Mastercard, Cirrus, Solo.
13.2 Payment for the Products and all applicable delivery charges is in advance.
14. MANUFACTURER GUARANTEES
14.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
14.2 If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
14.3 Some items may require you to register your purchase, to gain full access to a manufacturer(s) guarantee, or extended warranty. Please check any information or warranty card you receive with your purchase.
15. OUR WARRANTY FOR THE PRODUCTS
15.1 For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 15.2.
15.2 The warranty in clause 15.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
15.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
16. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 16 only applies if you are a business customer.
16.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
16.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
16.3 Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
16.4 Subject to clause 16.2 and clause 16.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
17. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 17 only applies if you are a consumer.
17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
17.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
18. EVENTS OUTSIDE OUR CONTROL
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
19. COMMUNICATIONS BETWEEN US
19.1 When we refer, in these Terms, to in writing, this will include e-mail.
19.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an e-mail to sales@bedsinleek.co.uk or sales@ukbedstore.com or by sending a letter to Bedz Bedzz & Bedrooms Limited, Newspaper House, Brook Street, Leek, Staffordshire, ST13 5JE. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
(b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Bedz Beddz & Bedrooms Limited, Newspaper House, Brook Street, Leek, Staffordshire, ST13 5JE or sales@bedsinleek.co.uk . You can always contact us using our Customer Services telephone line 01538 399 150.
19.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
19.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 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 such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
20. OTHER IMPORTANT TERMS
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 15 to the recipient of the gift without needing to ask our consent.
20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 15, but we and you will not need their consent to cancel or make any changes to these Terms.
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
20.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
20.8 We will not file a copy of the Contract between us.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
TERMS OF WEBSITE USE
This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our websites listed below in clause 16 (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.
Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.
By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms of use, you must not use our site.
1. OTHER APPLICABLE TERMS
1.1 These terms of use refer to the following additional terms, which also apply to your use of our site:
(a) Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
(b) Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
1.2 If you purchase goods from our site, our Terms and conditions of supply will apply to the sales.
2. INFORMATION ABOUT US
2.1 http://www.bedsinleek.co.uk/ and www.ukbedstore.com are sites operated by Bedz Bedzz & Bedrooms Limited (we or us). We are a company registered in England and Wales under company number 05960975 and with our registered office at Newspaper House, Brook Street, Leek, Staffordshire ST13 5JE. Our VAT number is 904 5669 13.
3. CHANGES TO THESE TERMS
3.1 We may revise these terms of use at any time by amending this page.
3.2 Please check this page from time to time to take notice of any changes we made, as they are binding on you.
4. CHANGES TO OUR SITE
4.1 We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
4.2 We do not guarantee that our site, or any content on it, will be free from errors or omissions.
5. ACCESSING OUR SITE
5.1 Our site is made available free of charge.
5.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
5.3 You are responsible for making all arrangements necessary for you to have access to our site.
5.4 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
6. YOUR ACCOUNT AND PASSWORD
6.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
6.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
6.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at sales@bedsinleek.co.uk or sales@ukbedstore.com .
7. INTELLECTUAL PROPERTY RIGHTS
7.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
7.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
7.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
7.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. NO RELIANCE ON INFORMATION
8.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
8.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
9. LIMITATION OF OUR LIABILITY
9.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
9.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
9.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our site; or
(b) use of or reliance on any content displayed on our site.
9.4 If you are a business user, please note that in particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
9.5 If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
9.7 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
9.8 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply.
10. UPLOADING CONTENT TO OUR SITE
10.1 Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
10.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
10.3 Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
10.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
10.5 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
10.6 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
10.7 The views expressed by other users on our site do not represent our views or values.
11. VIRUSES
11.1 We do not guarantee that our site will be secure or free from bugs or viruses.
11.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
11.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
12. LINKING TO OUR SITE
12.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
12.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
12.3 You must not establish a link to our site in any website that is not owned by you.
12.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
12.5 We reserve the right to withdraw linking permission without notice.
12.6 The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
12.7 If you wish to make any use of content on our site other than that set out above, please contact sales@bedsinleek.co.uk or sales@ukbedstore.com .
13. THIRD PARTY LINKS AND RESOURCES IN OUR SITE
13.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
13.2 We have no control over the contents of those sites or resources.
14. APPLICABLE LAW
14.1 If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
14.2 If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
15. CONTACT US
15.1 To contact us, please email sales@bedsinleek.co.uk or sales@ukbedstore.com .
16. OUR WEBSITES
16.1 http://www.bedsinleek.co.uk/
16.2 http://www.ukbedstore.com/
16.3 www.childrensmidsleeperbeds.com
16.4 www.childrensmidsleeperbeds.co.uk
16.5 www.midsleeperbed.co.uk
16.6 www.midsleeperbed.com
16.7 www.highsleeperbed.co.uk
16.8 www.cheapleatherbeds.co.uk
Thank you for visiting our site.
WEBSITE ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our website (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
This is a site operated by Bedz Bedzz & Bedrooms Limited (we or us). We are a company registered in England and Wales under company number 05960975 and with our registered office at Newspaper House, Brook Street, Leek, Staffordshire ST13 5JE. Our VAT number is 904 5669 13.
1. PROHIBITED USES
1.1 You may use our site only for lawful purposes. You may not use our site:
(a) In any way that breaches any applicable local, national or international law or regulation.
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(c) For the purpose of harming or attempting to harm minors in any way.
(d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards at clause 3 below.
(e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
(f) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
1.2 You also agree:
(a) Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
(b) Not to access without authority, interfere with, damage or disrupt:
(c) any part of our site;
(d) any equipment or network on which our site is stored;
(e) any software used in the provision of our site; or
(f) any equipment or network or software owned or used by any third party.
2. INTERACTIVE SERVICES
2.1 We may from time to time provide interactive services on our site, including, without limitation:
(a) Chat rooms.
(b) Bulletin boards.
(c) Others.
(interactive services).
2.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
2.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
2.4 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
2.5 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
3. CONTENT STANDARDS
3.1 These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
3.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
3.3 Contributions must:
(a) Be accurate (where they state facts).
(b) Be genuinely held (where they state opinions).
(c) Comply with applicable law in the UK and in any country from which they are posted.
3.4 Contributions must not:
(a) Contain any material which is defamatory of any person.
(b) Contain any material which is obscene, offensive, hateful or inflammatory.
(c) Promote sexually explicit material.
(d) Promote violence.
(e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(f) Infringe any copyright, database right or trade mark of any other person.
(g) Be likely to deceive any person.
(h) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(i) Promote any illegal activity.
(j) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
(k) Be likely to harass, upset, embarrass, alarm or annoy any other person.
(l) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
(m) Give the impression that they emanate from us, if this is not the case.
(n) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
4. SUSPENSION AND TERMINATION
4.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
4.2 Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
(a) Immediate, temporary or permanent withdrawal of your right to use our site.
(b) Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
(c) Issue of a warning to you.
(d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
(e) Further legal action against you.
(f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
4.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
5. CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
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