Terms & Conditions

 
Terms and Conditions
1.      Definitions
2.      Application of Conditions
3.      Basis of Sale
4.      Price and payment
5.      Delivery
6.      Risk and title
7.      Property law of contract
8.      Complaints & Rights of Cancellation
9.      Warranties/ guarantees
10.    Force Majeure
11.    Privacy/ security policy
Definitions
1.1    Buyer is defined as the person who agrees to buy the products/ goods from the seller.
1.2    Seller means the Darlington Bedding Centre.
1.3    Products mean those goods as specified by the buyer.
1.4    Price includes the product cost, delivery, packing cost and V.A.T.
1.5    Tailored is a product that is classed as non- standard or made specifically to order.
1.6    Contract refers to the contract (any) between the buyer and the seller (DBC) for the sale or purchase of goods incorporating these conditions, whether completed electronically or via other means.
1.7    Delivery address is defined by you the buyer and specified in the original order.
1.8    Order refers to your offer as the buyer to purchase the products that you specified either electronically or via other means.
Application of Conditions
2.1    Unless otherwise agreed in writing these conditions shall apply (to the exclusion) of any other terms or conditions.
2.2    Each order that you (the buyer) place shall be deemed to be an offer by you (the buyer) to purchase the goods from DBC subject to these conditions
2.3     Items that are listed do not include additional goods that may be shown in display photographs. This may include lamps, plants, mattresses etc.
2.4    If, for any reason, we do not accept your order then you shall be informed within a reasonable amount of time.
2.5    You are required (and are responsible) to ensure that the details you supply in the order are complete and accurate; and that you supply all the necessary information relating to the supply of the goods with sufficient time for the Seller (DBC) to perform the contract in accordance with these conditions
2.6    Any grammatical, typographical, clerical error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the seller shall be subject to correction without any liability on the part of the seller.
2.7    If the seller is not able to supply and payment has already been made by the buyer then the buyers account will be refunded or credited with the amount pad by the buyer. This will usually be done within 30 days of the agreed refund. The seller will not be liable to offer any compensation for this.
Basis of Sale
3.1    Subject to clause 8 the buyer shall buy and the seller shall sell. No contract exists until the seller has received, processed and confirmed the order and until the seller has received payment in full (in cleared funds).
3.2    The description of the goods shall be set out in writing in the order confirmation.
3.3    Any specifications or advertising issued or shown by the seller Including within this website or product brochures) shall not form part of this contract. Such information is for guidance only and may not bear any relationship with the actual product.
3.4    The buyer is not entitled to assign the contract to any other parties without full written consent from the seller.
Price and Payment
4.1    The contract price for the supply of the products shall be detailed within the order confirmation. In the event of an increase in the cost to the seller, the seller may increase the price of the product within the contract by written confirmation. In notice of this price increase the buyer shall have the right to cancel the contract and receive back any sums paid. Notice of cancellation must be received within 7 days of delivery of notice of any price increase to the buyer.
4.2    Should the seller make an error with an order confirmation, invoice or receipt the seller will correct that error within 60 days of the error notification.
4.3    In the event that payment has not been received and an order has been confirmed interest on the overdue invoices shall be accrued from the date when payment becomes due. This will charged at a daily rate of 2% above the sellers’ banks base rate in force at that time.
4.4    Payment of the price shall be due on the date of the purchase order. Payment will therefore be due before delivery.
4.5    No payment will be considered paid until the seller has received cleared funds. Their will also be no delivery arranged until the seller has received cleared funds for the goods.
4.6    All payment methods are clearly shown on the website.
4.7    Payments shall be made without any form of deduction whether by way of discount, counterclaim or any other such set off unless by way of a court order.
4.8    The seller may make changes in the specification of the good which do not materially affect their quality or performance required to conform to the any relevant statutory requirements where the good are supplied to the Seller’s specification.
4.9    Photographs or product illustration on the website are illustrative purposes only and may not match the good supplied exactly.
 
 
 
 
 
 
Delivery
5.1    All delivery charges shown on the website are guidelines. Final delivery charges will be confirmed before despatch and order processing.
5.2    The goods the buyer orders will be delivered to the address specified in the order by the buyer unless otherwise agreed in writing by the buyer and the seller.
5.3    Goods will be judged delivered once they have been delivered to the specified address (detailed above). The seller will not be responsible for the non delivery of goods. The seller does not need to satisfy itself that the person accepting delivery at the specified address is the buyer (or authorized by the buyer to accept delivery of the goods).
5.4    Dates and times of delivery are estimates only. The seller shall not be responsible or liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in delivery the goods.
5.5    In the instance where there are multiple items ordered the seller will wait for all items to be in stock before delivery to the buyer will be arranged. Where the delivery has been arranged and the buyer is not available to receive it the seller reserves the right to charge a minimum of £35 to cover the cost of the failed delivery.
5.6    Any liability to the seller for non delivery of goods shall be limited to replacing the goods within a reasonable amount of time or issuing a respective credit not or refund for the goods.
5.7    The quantity or content of the any consignment of goods as recorded by the seller upon dispatch shall be conclusive evidence of the content or quantity of the consignment received by the buyer on delivery unless conclusive evidence can be supplied by the buyer proving the contrary.
5.8    Time for delivery can be before the specified date.
5.9    All deliveries will be operated with one man only and only. Goods will be delivered to the front door of the specified address only. For an apartment block this means the ground floor/ lobby. Delivery staff are not permitted or insured to enter private residences. If you require additional assistance please arrange this elsewhere. 
5.10  All goods must be signed for. It is not possible to deliver to unattended premises or properties other than that previously agreed with the customer.
5.11  We do not accept responsibility or blame for customers removing or disposing of old beds or mattresses before the agreed delivery. We do advise customers to dispose of old goods only once they have received and have inspected their new goods.
5.12  The following postcode addresses AB31-38, AB41-56, FK19-21, H5, IV1; IV3-56 cannot be delivered on a next day delivery basis.     
5.13  Deliveries to business addresses must have the permission for anybody in that premises to accept and sign for the goods. We will accept no responsibility once the goods have been signed for at the requested address.
5.14  Items that are classed as being in stock can take from 3-21 days for delivery in certain areas.
5.15  No provision is made for moving or removing old furniture. Please ensure that the delivery area is therefore clear.
5.16  The products shall be deemed accepted 3 days after the delivery. After this time the buyer shall not be entitled to reject the products in accordance with the contract.
Risk and Title
6.1    Risk and damage to the goods shall pass to the buyer upon delivery. If the buyer wrongfully takes delivery of the goods then risk and damage shall pass to the buyer at the time when the seller tendered delivery of the goods.
6.2    Title of the goods shall remain with the seller until they have received in full and cleared funds payment for all goods existing within the buyers account.
6.3    The seller shall be entitled to recover payment for the goods notwithstanding title for the goods has not passed from the seller.
6.4    The buyer may not use or resell the goods before title of ownership has passed from the seller to the buyer.
6.5    The buyer grants licence for the seller and it’s agents to enter any property where the goods are or may be stored or to inspect or recover them and to use reasonable force to do so.
Force Majeure
7.1    We shall not be liable to you or in breech of contract by reason of any delay performing, or any failure to perform any obligations relating to the contract, if the delay was beyond the sellers reasonable control. This includes (without limitation);
7.2    Acts of god, fire, explosion, epidemic, flood or terrorism.
7.3    War or national emergency.
7.4    Lock- outs, strikes, labour disputes or other civil disturbances.
7.5    Manufacturer’s inability to produce/ deliver/ source materials in reasonable time.
7.6    Import embargoes, regulations or restrictions.
7.7    Any acts or measures implemented or taken on by a governmental, parliamentary or local authority.
Complaints and Rights of Cancellation
8.1    If you should have a complaint or concern you should contact us at any of the following contact points;
8.2    To exercise the right of cancellation the buyer must send a written, signed confirmation. Notification by telephone will not be sufficient.
8.3    We will endeavour to write to you within 30 days of your initial complaint to inform you of any course of action that will be taken.
8.4    Goods that have been tailored to specific customer requirements are not ale to be cancelled once the order has been placed unless the goods are deemed faulty.
8.5    If the buyer does not cancel the contract the buyer shall be deemed to have accepted the goods (with the exception of any manufacturing faults).
8.6    If the seller has delivered the goods to the buyer but the buyer wants to cancel the contract the buyer must retain possession of the goods until the cancellation notice has been sent to the seller. The products cannot be used during this time. The buyer will be responsible for returning the goods to the seller at the buyer’s own cost. The goods must be returned to the seller in the same packaging and condition they were received in. The buyer has a duty of care for these goods until they have been received by the seller. 
 
 
 
Proper Law
9.1    The contract shall be governed by the Law of England and any dispute, question or remedy that arises shall be exclusively determined by the courts of England.
9.2    The sellers total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to price paid by the products.
9.3    The seller shall not be liable to the buyer for any indirect or consequential loss or damage (whether for the loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
Data Protection and Privacy Policy
10.1  The seller will take reasonable precautions to keep the details of the buyers order and payment details secure. However the seller will not be liable for unauthorised access to the information supplied by the buyer.
10.2  The seller may monitor record and use information that is supplied by the buyer (either intentionally or non- intentionally). This may include your domain address.