1. WHAT DO THE TERMS MEAN?
1.1 In these terms and conditions and Your sale agreement (which was given to You on the day You purchased the Goods), the following words shall have the following meanings:
“You” or “Your” means the person named in the Order who we’re supplying the Goods to in accordance with these terms and conditions;
“We”, “Us” or “Our” means Beds Shawlands Ltd, 311 Kilmarnock Road, Glasgow, G43 2AT;
“Order” means Your order for the Goods;
“Goods” means all products listed in the Order;
“Made to Measure” mean any Goods that are made to specific, non-standard dimensions as determined by You; and
“Delivery” means the delivery of the Goods to the delivery address specified in the Order.
2. YOUR ORDERS:
2.1 These terms and conditions apply to Orders placed in store, online or over the phone.
2.2 It’s your responsibility to check:
(a) the dimensions of all goods to ensure that they will fit into your property; and
(b) that additional services requested (such as assembly) are clearly noted in the Order. These will be shown separately. If they’re not included in the Order then these services haven’t been purchased and won’t be provided. These can be added by contacting Customer Services on 0141 649 5657.
2.3 A confirmation of your Order will be sent automatically by e-mail or postal service and, unless You are notified to the contrary within 48 hours of this confirmation, the Order will be deemed to be accepted by Beds Shawlands Ltd.
3.1 The description of the goods will be as specified within the Order.
3.2 You should be aware that:
(a) all sizes given are approximate and stated bed and mattress sizes refer to the sleeping surface only;
(b) mattress sizes may vary slightly from their stated dimensions due to standard industry manufacturing tolerances; and
(c) comfort grading is for guidance only;
(d) when placing a mattress on a bedstead please note that there may be a gap around the edges; this is normal and is designed to allow for rotation & bedding.
3.3 We will ensure that at the time of delivery, the goods will:
(a) be of satisfactory quality;
(b) be fit for the purpose for which they are designed and supplied;
(c) be free from material defects in design, material and workmanship; and
(d) comply with all applicable statutory and regulatory requirements for selling the goods in the United Kingdom.
3.4 In addition to meeting our obligations set out in clause 3.3 above, if during the first 12 months from the date of delivery (the “guarantee period”), you inform us that you believe the goods do not conform to any of these obligations, we will arrange an inspection at our cost to verify this.
(a) if this inspection finds that we have not breached any of our obligations, we will decline any further action, but will provide full details of the reasons for the decision. You will have direct access to any reports completed by the inspection specialist;
(b) if the inspection verifies that the goods do not conform to any one of our obligations, should you be entitled to reject the goods for a refund under clause 3.7.1 below and you choose to exercise that right, we will provide a full refund without any deduction for use. In all other circumstances, your rights are set out in clause 3.7.
3.5.1 Our obligations cover normal domestic home use only and do not apply to any natural mattress settlement or any defect in the goods arising from fair wear and tear, wilful damage, accidental damage, negligence by you, commercial use, failure to follow our written instructions regarding care of the goods, or any alteration or repair to the goods that you carry out without our prior written approval.
3.5.2 Nor do our obligations cover defects drawn to your attention prior to purchase or where you examined the goods prior to purchase and you should have been reasonably expected to notice any defect.
3.6.1 Once the guarantee period has expired, if you believe the goods do not conform to the requirements set out in clause 3.3 above, you must provide suitable evidence showing that we are in breach of our obligations. Normally, such evidence would be in the form of a report from an inspection company arranged at your cost. Ideally, any inspection service used should be from a recognised, independent specialist approved by us to ensure that you and we have confidence in the inspection outcome.
3.6.2 If your own independent inspection report verifies that the goods do not conform to the requirements set out in clause 3.3 above, your rights are set out in clause 3.7 below. In these circumstances, we will also refund the cost of your inspection up to a maximum of £60, which is a reasonable level of cost for independent inspections.
3.7.1 In the rare event that goods are found not to conform to the requirements set out in clause 3.3 above, we will follow a fair and fast process. In these circumstances, you have the following rights:
1. Short-term right to reject
If the breach is reported within 30 days beginning with the first day after the goods were delivered, you may, at your absolute discretion, exercise your right to reject the goods and we will provide a full refund of the price paid for them
2. Right to repair or replacement
If you choose not to exercise your short-term right to reject, or if more than 30 days have passed since delivery of the goods, you may require the goods to be either repaired or replaced (with the same model) free of charge. If one of these remedies is disproportionate compared to the other, we will discuss with you which is the most reasonable and proportionate remedy.
3. Right to discount or final right to reject
If a repair or replacement of the goods is impossible or a previous repair or replacement has not resolved the breach, or if neither remedy can be achieved within a reasonable time, you may, at your absolute discretion, keep the goods and agree an appropriate price reduction or reject the goods and, subject to clause 3.7.2 below, obtain a full refund of the price paid for them
3.7.2 If you exercise your final right to reject after 12 months have passed since the goods were first delivered, we shall be entitled to reduce any refund by making a proportionate deduction for the use you have had of the goods since they were first delivered.
3.8 If the goods do not conform to this contract at the time of delivery, you have up to six years from that time to claim an appropriate remedy. You should report any non-conformity to us at the earliest opportunity and refrain from taking any action, including continued use of the goods, that may make any defect worse.
3.9 We guarantee that for 12 months from the date of repair or replacement, the goods will conform to the requirements set out in clause 3.3 above.
4. EXTENDED GUARANTEES:
If You have purchased an extended guarantee with your goods, these guarantees are subject to their own terms and conditions, which are stated on the guarantee paperwork.
5. EX-DISPLAY ITEMS:
5.1 If You have purchased ex-display items, the price of these items reflects the fact that they may have sustained fair wear and tear and they cannot be returned or refunded unless faulty. In addition, these goods cannot be ‘comfort exchanged’, nor are they covered by our price promise.
5.2 If an ex-display item is deemed to have breached the guarantee, We’ll choose to either repair the item or refund the price paid for the item, as ex-display items cannot be replaced with a full price item.
5.3 It’s Your responsibility to check that ex-display items are in a satisfactory condition when placing your Order, and You must arrange for collection of the goods within a reasonable time (usually within seven days of Order).
6. PRICE AND PAYMENT:
6.1 Full payment is required at the time the Order is placed and Beds Shawlands Limited will collect this using the debit/credit card details supplied by the buyer.
6.2 Our prices are the same, whether you purchase online or in store.
7. OUR DELIVERY AND COLLECTION SERVICE
7.1 Delivery of the Goods will incur a separate charge and Delivery charges are displayed on checkout using your postcode.
7.2 Delivery will be made to the delivery address specified on the Order and any changes to a delivery address must be supported by documentary evidence. You must notify us at least 72 hours before Delivery of any delivery amendments. Any amendment however small may lead to an increase in lead-time or change of delivery date.
7.3 We deliver within a 100 mile radius of Glasgow, Scotland.
7.4 Delivery dates and lead times are given in good faith but are subject to change. Most delivery lead times start from the date of Order. However, some exceptions apply when only a deposit is paid with Order. Please contact Customer services for details.
7.5 If, as a result of circumstances beyond our control, we are or reasonably believe that we’ll be unable to complete Delivery of the Goods, we’ll be entitled to cancel the Order and will provide You with a full refund of all amounts paid.
7.6 Delivery will be deemed to have taken place when the Goods have been delivered to the address set out in the Order. Delivery is to the room of Your choice at the delivery address. We don’t need to satisfy Ourselves that the person accepting delivery at the agreed address is authorised by You to accept the Goods.
7.7 If we’re unable to complete Delivery due to the Goods not fitting in the required room at the delivery address, You may Order a different product as a replacement for the Goods. In these circumstances:
(a) You must pay the difference between the price of the Goods and any replacement product which is of higher value;
(b) You shan’t be entitled to a refund of the difference between the price of the Goods and any replacement product which is of lower value; and
(c) You must pay a delivery charge of £39, and our reasonable administration costs.
7.8 The Goods may require some assembly. If you’ve purchased an assembly service, this will be carried out by a provider selected by Us. If You have not purchased this service, it’s Your responsibility to assemble the Goods. Please note that the availability of assembly services is dependent on the post code being delivered to.
7.9 You should inspect the Goods carefully upon Delivery. If assembled by Us, or our provider at the delivery address, Goods will be deemed accepted once assembled unless You inform us otherwise at the time. Where Goods are not removed from their packaging or You have otherwise not had a reasonable opportunity to inspect the Goods on Delivery, the Goods will be deemed accepted 7 (seven) days after Delivery.
7.10 We’ll notify You in writing or verbally once the Goods are ready for Delivery or collection. If You fail to collect or take Delivery of the Goods on the agreed date, we’ll not store the Goods for any reason for longer than 28 days.
7.11 If You fail to pay the full price of the Goods or fail to take Delivery or to collect the Goods within 28 days of the scheduled delivery date, We’ll be entitled to cancel the Order, and You must pay all amounts stated in the Order in addition to our reasonable administration costs, which may be up to 20% of the cost of the Goods. This charge may, at least in part, reflect the price at which we’re able to resell the Goods.
8. RESPONSIBILITY FOR RISK AND OWNERSHIP:
8.1 Responsibility for and ownership of the Goods passes to You once the Goods are Delivered or collected.
8.2 Where You have decided to pay through Our finance options, responsibility for and ownership of the Goods will only pass to You in accordance with the terms of Your finance documentation.
9.1 You may cancel the goods for any reason and at any point after placing your order, provided your intention to cancel is notified to us no later than 14 days after the day of delivery. We will provide a full refund of the price you paid for the goods without deduction, except as provided at sub-clauses 11.3 and 11.4 below. Your intention to cancel can be notified to us by:
You may use our model cancellation template, but this is not obligatory provided you notify us in a clear and unambiguous manner.
9.2 Orders for made-to-measure goods (see definitions at clause 1 above) cannot be cancelled once your order has been accepted by us.
9.3 You should not handle the goods beyond what would be reasonably allowed in one of our stores to establish the nature, characteristics and functioning of the goods. If the value of the goods is reduced by any amount through unnecessary handling, we shall be entitled to make a deduction of that amount from any refund.
9.4 In the case of sealed goods, such as, but not limited to, mattresses, pillows, mattress protectors and duvets, we reserve the right to reject cancellation for health protection or hygiene reasons if these goods become unsealed after delivery. This does not apply if the goods in question are found to be faulty.
9.5 You must make the goods available for collection by us within 14 days from the date you first notified us of your intention to cancel the goods. We will deduct a charge from the refund to cover the cost of collection. The collection of goods with a purchase value of less than £100 will incur a charge of £4.95. In all other cases, the collection charge is £38. Softs (see definitions at clause 1 above) should be returned via the Post Office.
9.7 It is your responsibility to take reasonable care of the goods while they are in your possession. If the goods, when returned to us, exhibit any signs of wear and tear or damage caused while they were in your possession, we may require a further deduction from any refund to reflect the diminution in the value of the goods.
9.8 You should return the goods in their original packaging, if this is available, and, if it is not available, you should make sure that the goods are suitably and sufficiently packaged to protect them while in transit back to us.
10. ABOUT REFUNDS:
10.1 Refunds will be made to You as soon as possible and in any event within a period of 30 days from return of the Goods.
10.2 If Goods have been Delivered, then a refund can’t be made until we’ve collected the Goods.
10.3 If You participated in a linked saving offer (for example, buy a bed for £999 and get £200 worth of free bedding) You must return both items to get a full refund. If You only returned the bed in the given example, You would be refunded only £799 to cover the price of the bedding.
10.4 If You participated in a ‘multibuy’ offer (for example, buy three items for the price of two) You must return all the items to get a full refund. If You only return part of such an Order, then any ‘multibuy’ saving will be deducted from the amount of Your refund.
11. EVENTS OUTSIDE OUR CONTROL:
11.1 We’ll not be liable or responsible for any failure to perform Our obligations under the Order that is caused by events outside Our reasonable control. These include (without limitation) the following:
(a) delays caused by one of Our suppliers, except in the circumstances envisaged by clause 8.6;
(b) strikes, lock-outs or other industrial action;
(c) fire, explosion, storm, flood, snow or other natural disaster;
(d) unavailability of shipping, aircraft, motor transport or other means of public or private transport; or
(e) unavailability of public or private telecommunications networks.
11.2 Our obligations under these terms and conditions are suspended for the period that such events continue, and we’ll have an extension of time to perform these obligations for the duration of that period.
12. LIMITATION OF LIABILITY:
12.1 We don’t accept any responsibility for damage to Your property during Delivery other than damage due to Our negligence when Our liability is limited to Your direct costs to repair that damage.
12.2 Our total liability in connection with or arising from the Order, whether in negligence or otherwise, shall be limited to the value of the Goods.
12.3 We shall not be liable for any indirect or consequential losses, costs or expenses in connection with or arising out of the Order.
12.4 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraud or any other liability which may not otherwise be limited or excluded under applicable law.