Terms and Conditions

Welcome to the Bed Centre Grimsby Ltd, the Terms and Conditions listed below apply to the use of this website and all policies and conditions associated with this website. By accessing The Bed Centre Grimsby website and/or placing a Telephone order, you agree to be legally bound by the terms and conditions set out below. You should NOT place an order until you have read and agreed to these terms and conditions.

Please ensure to read this page carefully before placing an order. Bed Centre Ltd, at its discretion, may change, modify, and/or remove these terms and conditions at any time and it is, therefore, important to read them each time you place an order with us. Please note that all the terms and conditions outlined in this page are created in accordance with Distance Selling Regulations and do not affect your statuary rights.

 

Company Details

 

This website is the property of Bed Centre Grimsby Ltd. If you have any questions or queries about any of our policies, please do not hesitate to contact us. The registered address for the company is:

Bed Centre Grimsby Ltd
2a Alexandra Road
Grimsby
North East Lincolnshire
DN31 1RW

Bed Centre Grimsby Ltd is registered in England and Wales, with a Company Registration Number of 04043447

 

1. Definitions

 

  • 1.1. “Website” means the Bed Centre Grimsby website located here.
  • 1.2. “Buyer” means the individual and/or firm and/or company who buys or agrees to buy Good(s) from the Seller.
  • 1.3. “Seller” means Bed Centre Grimsby Ltd
  • 1.4. “Good(s)” are the items purchased by the Buyer via the Website
  • 1.5. “Supplier” refers to the manufacturer of the Good(s)
  • 1.6. “Product” refers to any purchasable item on the Website
  • 1.7. “Delivery Date” is the estimated date that the Good(s) will be delivered to the Buyer
  • 1.8. “Contract” refers to the legally binding agreement between the Buyer and the Seller for the sale and purchase of Good(s) on the website
  • 1.9. “Content” means any photographs, logos or text on the Website
  • 1.10. “Party” or “Parties” refers to the parties in the contract. The parties for the contract are the Buyer and the Seller
  • 1.11. “Personal Information” refers to any sensitive data obtained from the Buyer

 

2. General Terms

 

  • 2.1. To place a Telephone order from the Website, the Buyer must be 18 years of age.
  • 2.2. The Seller will treat each order for goods as an offer from the Buyer to purchase the Good(s) subject to these terms and conditions.
  • 2.3. The formation, existence, construction, performance and validity of the Contract shall be governed by English law and the Parties submit to the non-exclusive jurisdiction of the English courts.
  • 2.4. The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a Party to it.
  • 2.5. If any provision of the Contract is found by any court, tribunal, or administrative body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable, or unreasonable it shall to the extent of such illegality, invalidity, voidability, unenforceability, or unreasonable be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect, provided the overall effect of the Contract is more or less the same.
  • 2.6. Failure or delay by the Seller in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
  • 2.7. Any waiver by the Seller of any breach of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
  • 2.8. 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 its reasonable control, including but not limited to strikes, lockouts, accidents, war, fire, reduction in or unavailability of power at the Sellers’ / Suppliers’ premises or its manufacturing plant, breakdown of plant machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
  • 2.9. Provided that if any event referred to in clause 2.8. Continues for a period in excess of 50 working days, the Buyer will be entitled to give notice in writing to terminate the contract.

 

3. Damage To Your Computer

 

  • 3.1. The Seller will try to ensure that the Website is free from viruses or defects. However, they cannot guarantee that use of the Website or any other Websites accessible through it will not cause damage to a computer. It is the person/Buyers responsibility to ensure that they have the right equipment available to use the Website. Except in the case of negligence on the Sellers part, the Seller will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

 

4. Website Content

 

  • 4.1. Any photographs, logos, text or content displayed on the Bed Centre Grimsby website have been reproduced by the Seller with the permission of the copyright owner. You may not copy, reproduce, republish, upload, post, transmit, or distribute any form of content from the Website without obtaining permission from the Seller. All trademarks, service marks and trade names are the property of the Seller (or are used with the permission of the trademark owner). Infringement of any copyright or trademarks on this website may lead to legal action against the infringer.

 

5. Accuracy Of Content

 

  • 5.1. The quantity and description of the Products shall be set out in the Seller’s quotation.
  • 5.2. The Seller may make any 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. Product photographs are for illustrative purpose only, and may not exactly match the product itself.
  • 5.4. Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees. The seller will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the website. Although the seller aims to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment the buyer places an order. The seller cannot guarantee the reliability or accuracy of the information contained within the Website pages.
  • 5.5. Any additional items or illustrations in a product image, such as lighting, curtains, wallpaper and anything else, are used for visual purposes only. None of these items will be included with any order unless otherwise stated
  • 5.6. Any weights, dimensions, colours and capacities given about the Product(s) are approximate only.
  • 5.7. The Seller, at its discretion, may change any Product price to take account of any increase in Supplier prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the Good(s) is wrong whether or not the order has been confirmed. The Seller will inform the Buyer of the correct price within 24hours and give the Buyer the opportunity to cancel the contract.
  • 5.8. The Seller, at its discretion, may change the sale price of any listed special offer Product at any given time without notice. If the Buyer has placed an order for a special offer Product, then the Buyer will pay the price that is currently listed on the day that the order is processed by the Seller.

 

6. Warranties + Liability

 

  • 6.1. All Good(s) supplied by the Seller and/or Supplier come with a Supplier warranty of at least 12 months, unless otherwise specified and subject to conditions set out below. The Seller shall provide the Buyer with such information as is required to claim under the Supplier’s warranties. The Seller offers no additional warranty options at this time.
  • 6.2. The Seller shall not be liable for any breach of the warranty in clause 6.1. unless:
    • 6.2.1. The Buyer provides written notice of the defect within 72 hours of locating the defect or ought to have discovered the defect; and
    • 6.2.2. The Seller is given reasonable opportunity after receiving the Buyer’s notice of the defect to examine the Good(s) in question and the Buyer (if asked by the Seller to do so) shall provide photographic evidence of the defect.
  • 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 Good(s) after giving notice of the defect to the Seller.
    • 6.3.2. The defect arises as a result of fair wear and tear, willful damage, negligence, misuse, abnormal working conditions or failure to follow oral or written instructions as to the storage of use of the Good(s).
    • 6.3.3. The Buyer alters or repairs such Good(s) without obtaining permission from the Seller
  • 6.4. Subject to clause 6.2.:
    • 6.4.1. If any Good(s) are found to have been defected, then within 30 days of the Seller examining the defective Good(s), the Seller will:
    • 6.4.1.1. Repair or replace such Good(s) (or the defective part) free of charge
  • 6.5. If the Seller complies with clause 6.4.:
    • 6.5.1. The Seller shall have no further liability for breach of any warranty in clause 6.1. in respect of such Good(s).

 

7. Payment

 

  • 7.1. The Seller accepts most major credit cards including Visa, MasterCard, Delta, and Electron and banker’s drafts are also accepted. Cash payments will also be accepted in store. When the buyer places an order, the Buyer must provide their exact billing address and telephone number. Incorrect information will cause a delay in processing the order. This delay could be anything up to 5 working days or more. An order will only be processed once the Seller receives full payment from the Buyer. Payment must be made on the date of purchase. Products will not be dispatched for delivery until full payment has been made and the order has been fully processed. The Seller reserves the right to obtain validation of your credit charge or debit card details before accepting the order. The contract is not concluded until full payment is received and the Buyer has received the products.
  • 7.2. In the instance that the Buyer has underpaid and an order has been confirmed, the Buyer must pay the remaining balance before delivery.
  • 7.3. In the instance that the Buyer has overpaid and an order has been confirmed, the Seller must refund the overpayment to the buyer within 24hours where possible.
  • 7.4. If the Seller makes an error in the Confirmation or any invoice or any receipt the Seller will correct that error within 24 hours of being notified by the Buyer.

 

8. Availability

 

  • 8.1. All orders are subject to acceptance and availability.
  • 8.2. If the Good(s) the Buyer has ordered are not available from stock, the Seller will contact the Buyer by e-mail or phone and;
  • 8.3. The Buyer will have the option either to wait until the Good(s) are available from stock or to cancel the order. If the Buyer wishes to cancel, the Seller will reverse the order and no charge will be made.

 

9. Price

 

  • 9.1. All Product prices are inclusive of delivery and VAT at the current rates and are correct at the time of entering information except those postcodes who are excluded from Free delivery.
  • 9.2. Wherever it is not possible for the Seller to accept the Buyers order to buy Good(s) of the specification and description at the price indicated, the Seller will advise the Buyer by email, offer to sell the Buyer the Good(s) of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.

 

10. Delivery charges

 

  • 10.1. Free Premier 2 man Delivery – (Generally within 10 mile radius of the Bed Centre Grimsby Retail Shop
    This will be confirmed when placing an order).
  • 10.2. Additional Services and associated charges:
    Product disposal – 3FT Mattress – £15.00, 4FT,4FT6,5FT Mattress – £20.00, 6FT Mattress £25.00
    Product disposal – 3 FT Divan Set/Bed Frame – £20.00, 4FT,4FT6,5FT Divan Set/BedFrame £25.00

 

11. Delivery

 

  • 11.1. All Good(s) ordered will be delivered to the registered cardholders address.
  • 11.2. Good(s) shall be deemed delivered once they are delivered to the registered cardholders address.
  • 11.3. All deliveries must be signed for by the Buyer or by the person authorised to take delivery of the Good(s).
  • 11.4. Delivery dates are approximations only and will vary dependant on the various products. Standard delivery lead times can vary from 1-3 working days to 1-21 working days although this can take up to 28 working days in rare occasions. 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 Good(s).
  • 11.5. Free Premier Deliveries are made by our Premier two man delivery direct to the front door of the registered cardholders address.
  • 11.6. With our Premier two man service, Our delivery staff will endeavour to take the items you have purchased to the room of your choice. However for Health and safety reasons, it is the responsibility of the customer to ensure that the route to that room is clear of all objects including stair gates, ornaments and picture frames and that the items purchased will fit through the stairways and doorways, if not the goods will be left in the hallway and no refunds will be given.
  • 11.7. Whilst endeavouring to deliver the item to the customer’s room of choice the Bed Centre Grimsby its personnel/contractors will not accept liability for any damage both to the delivered product and to the customer’s property including all types of carpets, flooring, fixtures and fittings. The customer must take sole responsibility for this action. Any consequent damage would fall under the householder’s insurance.
  • 11.8. The Delivery men will not remove existing pieces of furniture to help make room for newly delivered products. Likewise, old beds/bedsteads/mattresses etc will not be taken away unless already agreed with the Seller for the agreed price. The Buyer must take the responsibility to organize the removal and disposal of unwanted items.
  • 11.9. The Buyer will become the owner of the Good(s) they have ordered when the Good(s) have been delivered to them. Once Good(s) have been delivered to the Buyer, they will be held at the Buyers own risk and the Seller will not be liable for their loss or destruction.
  • 11.10. If the Buyer fails to accept delivery on the agreed delivery date, the Seller reserves the right to charge the Buyer to cover the cost of the failed delivery. This charge depends on the weight and size of the item.

 

12. Damaged Good(s)

 

  • 12.1. If damaged Good(s) are delivered to the Buyer, then the Buyer is required to do the following;
    • 12.1.1. Notify the Seller of the damage and/or defect(s) within 72 hours and;
    • 12.1.2. Take photographic evidence of the damage and/or defect(s) and;
    • 12.1.3. Send the photographic evidence to the Seller via email
  • 12.2. Provided the Buyer has adhered to clauses 12.1.1, 12.1.2 and 12.1.3, the Seller after consultation with the manufacturer, will:
    • 12.2.1. Replace the damaged and/or defected Good(s) within 1-14 working days unless any reasons beyond the control of the buyer prevent this.

 

13. Cancellation Rights

 

  • 13.1. The Contract cannot be cancelled if;
    • 13.1.1. any of the Good(s) ordered are custom built or made to order or are 6FT Super Kingsize or;
    • 13.1.2. any of the packaging on the delivered Good(s) is not intact or;
    • 13.1.3. the delivered Good(s) have been damaged by the Buyer or;
    • 13.1.4. any of the Good(s) are a mattress that has been opened and/or slept on. If the packaging on a mattress has been removed, it cannot be returned due to hygiene reasons
    • 13.1.5. The item must not be used and must be ‘as new’ (for example if a bed frame has been assembled it cannot be returned)
  • 13.2. If the Buyer wishes to cancel the contract BEFORE the Good(s) have been delivered, then;
    • 13.2.1. The Buyer must inform the Seller that they wish to cancel the contract
    • 13.2.2. Upon notification in 13.1.1., the Seller will charge the Buyer an administration fee of up to £50 and;
    • 13.2.3. If the Good(s) were purchased using a credit or debit card, the Seller will charge the Buyer an additional 70pence to cover the cost of the refund and;
    • 13.2.4. The Seller will charge the Buyer 2.5% of the total value of the Good(s) purchased to cover the cost of lost transaction fees
    • 13.2.5. The charges in 13.2.2, 13.2.3 and 13.2.4 will be deducted from the Buyers refund and the refund will be issued by the Seller within 72 hours
  • 13.3. With the exception of clause 13.1 and sub clauses 13.1.1, 13.1.2, 13.1.3 and 13.1.4, under Distance Selling Regulations, the Buyer has the legal right to cancel the contract within seven days of receipt of the Good(s). The Buyer does not need to give the Seller any reason for canceling the contract nor will the Buyer have to pay any kind of penalty. However, the Buyer must notify the Seller if they wish to cancel the contract and:
    • 13.3.1. Once the Buyer has notified the Seller that they wish to cancel the contract, any sum debited to the Seller from the Buyers credit and/or debit card will be re-credited to their account as soon as possible and in any event within 30 days of the order PROVIDED THAT the Good(s) in question are returned to the address provided by the Seller and in the same condition they were in when delivered. If the Buyer does not return the Good(s) delivered to them or if the Buyer does not pay the costs of delivery to return the Good(s), the Seller will be entitled to deduct the direct costs of recovering the Good(s) from the amount to be re-credited to the Buyer. Approximate collection charges are as follows:
      – Divan/Bedstead: £80. With Mattress: £90
      – Flat Packed Bed: £55
      – Mattress: £55
      – Headboards: £20
  • 13.4. The Seller reserves the right to cancel the contract if one or more of the Good(s) ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by the Seller from the Supplier(s).
  • 13.5. The Buyer cannot cancel the contract once the Good(s) have been in their possession for more than 7 days.