1 DEFINITIONS
1. "Buyer" means the organisation or person who buys or agrees to buy the Goods from the Seller;
2. "Buyer’s Purchase Order" means an order for Goods by the Buyer and acknowledged by the Seller in accordance with clause 2b;
3. "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
4. "Delivery Date" means the date specified by the Seller when the goods are to be delivered;
5. "Goods" means the articles that the Buyer agrees to buy from the Seller;
6. "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
7. "Price" means the price for the Goods including VAT (if applicable) or any analogous sales tax, carriage, freight, postage or insurance costs;
8. "Seller" means World of Beds Ltd;
9. "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
10. It is expressly understood that neither the Buyer nor the Seller are consumers, as defined by the Unfair Contract Terms Act 1977;
11. Any reference to a statutory provision shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2 CONDITIONS
1. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions that the buyer may purport to apply under any purchase order, confirmation of order or similar document.
2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and shall only be accepted by means of the Seller’s standard acknowledgement form.
3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
4. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 PRICE AND PAYMENT
1. The Price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. The Price is inclusive of VAT or any analogous sales tax, carriage, freight, postage or insurance costs.
2. Payment of the Price and VAT and any other applicable costs shall be made payable upon order of Goods.
3. Payments must be made in Pounds sterling only and by one of the following payment methods
o Major credit/debit cards as listed: Mastercard, Visa, Switch, Solo, Visa Delta.
o Cheques and Postal Orders made payable to World of Beds Ltd.
4 THE GOODS
1. The quantity and description of the Goods shall be as set out in the Buyer’s Purchase Order.
2. The Goods shall be required only to conform to the specification in the Buyer’s Purchase Order. Photographs are for illustrative purposes only and may not exactly match the product itself.
5 DELIVERY OF THE GOODS
1. Unless otherwise agreed, delivery of the Goods shall take place at the address specified in the Buyer’s Purchase Order on the Delivery Date and the Buyer shall be deemed to have accepted the Goods upon their delivery. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
2. The Delivery Date specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the Contract.
3. If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
4. The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify the Seller of the damage within 24 hours of delivery.
5. Risk shall pass on delivery of the Goods to the Buyer.
6 TITLE
1. The Seller warrants that it has good title to the Goods.
2. Title to the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
7 GUARANTEE
1. Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer.
2. Subject to the Seller’s liability under Clause 6 and subject to Clause 8, the Seller shall be under no liability whatever to the Buyer for any loss (including loss of profit), costs, damages, charges or expenses incurred by the Buyer or for any loss or damage to or caused by the Goods.
3. Subject to this Clause 7 and to Clause 8, all other warranties, conditions or terms whether made expressly or implied by common law or by statute relating to use, quality, and/or fitness for purpose are excluded.
8 LIMITATION OF LIABILITY
1. Subject to Clauses 8b and 8c, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods.
2. Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
3. Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for breach of the warranties contained in Clause 6 or for breach of warranty as to title and quiet possession implied by the Sale of Goods Act 1979 where such Act applies to the Contract.
9 FORCE MAJEURE
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 acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or 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.
10 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
11 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the Law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales.
Delivery
We only deliver to UK north west at present.
Our 24 hour delivery (subject to availability) service applies to Credit/Debit card orders only.
STANDARD DELIVERY TERMS
Once you have placed your order and it has been confirmed we will either call you to arrange a delivery date but we cannot give a specific time. We can deliver in 24 hours (subject to availability) providing that the payment has been made by Credit/Debit card or any day of your choice (MON - SUN) from either payment method. If stock is unavailable then obviously delivery time will take a while longer, in this case we will call you as soon as possible. If stock is available we can then make arrangements with you for your goods to be delivered within 24 hours.
DELIVERY TERMS
YOU MUST READ THIS SECTION FULLY
NOTE: IF YOU DON’T READ THIS SECTION FULLY OUR SERVICES TO YOU WILL BE AFFECTED.
WE CAN NEVER GUARANTEE ANY DELIVERY DAY OR TIME AS PROBLEMS CAN OCCUR BUT THIS IS RARE.
Once your order with your requested delivery day has been received we will contact you to let you know if that delivery option is available. If your delivery option is not available we will offer you other delivery days. Once we have agreed an estimated delivery day we will then do our best to get your order to you on that day.
Please note: As with any delivery service various unknown problems can occur. So if we do not make the estimated delivery for any reason mainly unforeseen problems which are out of our hands we can not be held responsible for compensation.
If an unknown problem does occur with your estimated delivery day. We will contact you and inform you of the situation. Then we will give you an alternative estimated delivery day.
THE DELIVERY DAY OR DATE GIVEN IS GIVEN IS AN ESTIMATE ONLY. A DATE GIVEN FOR DELIVERY SHALL NOT BE THE ESSENCE OF THE CONTRACT.
THESE DELIVERY TERMS ARE IN PLACE TO PROTECT WORLD OF BEDS LTD IN THE UNLIKELY EVENT OF ANY DELIVERY PROBLEMS. YOU MUST AGREE TO OUR TERMS AND CONDITIONS AND DELIVERY TERMS AND CONDITIONS AT CHECKOUT STAGE. IF YOU DO NOT AGREE TO OUR TERMS AND CONDITIONS AND DELIVERY TERMS AND CONDITIONS WE WILL NOT ACCEPT YOUR ORDER.
Refunds & Returns
The moment you receive your goods could you please examine them for damages or defects. If you find anything wrong with the goods contact us immediately on one of the following numbers 01942 671871, 0151 424 2729, 01925 259312.
Cancellations
Any order cancelled will incur a 20% charge of the total value of the goods.