AccountOUR TERMS
- THESE TERMS
1.1 These are the terms and conditions on which we supply our goods to you.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to businesses only are in Italic.
1.4 If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Dreamers Bed Centre Limited, a company registered in England and Wales under company number 04106475.
2.2 Our registered office is at Unit 10, Park Industrial Estate, Liverpool Road, Ashton-in-Makerfield WN4 0YU.
2.3 Our main trading address is Unit 10, Park Industrial Estate, Liverpool Road, Ashton-in-Makerfield WN4 0YU.
2.4 Our VAT number is 582453723.
2.6 You can contact us by:
- Visiting us or writing to us at Unit 10, Park Industrial Estate, Liverpool Road, Ashton-in-Makerfield WN4 0YU;
- Emailing us at enquiries@dreamersbedcentre.co.uk;
- Via our website at dreamersbedcentre.co.uk using our contact page;
- Calling us on 01942 275464.
2.7 Our store opening times are
Monday 19th Dec – 10:00 – 17:00
Tuesday 20th Dec– 10:00 – 15.00
Wednesday – Closed
Thursday – Closed
Friday – Closed
Christmas Eve Christmas D
Excluding Bank and public holidays.
2.8 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.9 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- OUR CONTRACT WITH YOU
3.1 Please ensure that the details on your order form are correct.
3.2 Our acceptance of your order will take place when we tell you that we are able to provide you with the goods ordered at which point a contract will come into existence between you and us.
3.3 If we are unable to accept or fulfil your order, we will inform you of this and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
3.4 We will assign an order number, which will be as stated on the order form. It will help us if you can tell us the order number whenever you contact us about your order.
3.5 Our brochure and website are solely for the promotion of our goods in the UK. Unfortunately, we do not accept orders from or deliver orders to addresses outside the UK.
- OUR GOODS
4.1 Any images of goods in our brochure or on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images.
4.2 Items may be shown in our brochures or on our website as images of the goods which do not form part of the goods, are not included in the goods’ description and do not form part of any order (for example headboards, bedside tables, lamps, bed covers and other soft furnishings).
4.3 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated in our brochure or on our website have a 2% tolerance. All sizes quoted for beds and mattresses refer to sleeping surface only. Bed frames and headboards will add to the overall size. It is your responsibility to ensure that the goods will fit into the space you intend for the goods.
4.4 The packaging of the goods may vary from that shown on images in our brochure or on our website.
4.5 Goods may be delivered flat-packed or pre-assembled as stated in the description.
4.6 Any indication as to the tension of goods in its description (soft/medium/firm/very firm) is a guideline only and we do not guarantee that such guideline tension will be suitable for your needs.
4.7 If we are making the goods to measurements you have given us you are responsible for ensuring that these measurements are correct.
- YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- OUR RIGHTS TO MAKE CHANGES
We may change the goods to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements.
- PROVIDING THE GOODS
7.1 The costs of delivery (and assembly if applicable) will be as told to you during the ordering process.
7.2 During the order process we will let you know an estimated date for delivery. Any dates that we provide for collection or delivery are estimates only, and time is not of the essence. We shall provide you with at least 7 days’ notice of the date of delivery.
7.3 If we are not able to deliver all of the goods you have ordered at the same time due to operational reasons or shortage of stock, we will deliver the goods in instalments. We will not charge you extra delivery costs for this. However, if you ask us to deliver your order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these terms. If we are late delivering an instalment, or one of the items ordered is delivered faulty, that will not entitle you to cancel the whole of your order.
7.4 If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
7.5 If you are collecting the goods from us, we will notify you when they are ready for collection. Collection can be made at any time during our working hours (as set out in Clause 2.7)
7.6 It is your responsibility to ensure that we can deliver the goods to you:
- You must, before the date of delivery, inform us of any matter that could restrict or affect delivery including, but not limited to, narrow lanes, parking restrictions, steps, narrow corridors or obstructions.
- On or before the date of delivery, make any outstanding payment to us;
- We will deliver the goods to the front of your property or, if there are any parking or delivery restrictions and you have not informed us of this, as near to the property as possible. As some goods are heavy, you should have suitable arrangements in place to take the goods inside of your property.
- We will only deliver the goods to the inside of your property where (i) we have agreed in writing; or (ii) we have agreed to assemble the goods and you have paid the additional assembly charge. You should arrange a clear, unobstructed access route to where the goods are to be placed, and in the case of assembly, the area should be clear and there should be sufficient space for us to assemble the goods. You should make sure that all and any goods will be of a size that will enter your property and be taken to the place of assembly with ease. Where we agree to assemble the goods we will not be liable for any damage caused due to nature of the goods being assembled (for example, moving a bed into position once assembled could mark carpets or wooden flooring).
- If we cannot gain access for delivery for one of the reasons set out in this clause 7.6, we will leave the goods at the nearest point possible at your property. If we are requested not to leave the goods, then we shall arrange another delivery date with you however, we will charge you further delivery costs;
- If we are uplifting any items from your property, they must be fully dismantled by you.
- If, on the day of delivery, you request us to assembly the items (where we have not agreed in advance), we may do so at our absolute discretion and upon payment of an additional assembly charge.
7.7 If you are not at home when the goods are delivered. If no one is available at your address to take delivery and the goods, we will leave you a note informing you of how to rearrange delivery or collect the goods from us or from a local depot. We reserve the right to charge additional delivery costs.
7.8 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.
7.9 The goods will be your responsibility from the time we deliver the goods to the address you gave us or you collect it from us.
7.10 You own the goods once we have received payment in full.
- YOUR RIGHTS TO END THE CONTRACT
8.1 You may be able to end contract for supply of the goods before it has been delivered (or collected) and paid for (for goods that have been delivered see clause 11.2). You may contact us to end your contract for goods at any time before we have delivered it (or before you have collected it) and you have paid for it, but in some circumstances we may charge you for doing this, as described below. Of course, you always have rights where a product is faulty or mis-described (see Clause 12 if you are a consumer or Clause 13 if you are a business).
8.2 We cannot offer any refunds on any items that we are making to your specific order or your specific requirements/measurements once we have accepted your order.
8.3 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any goods which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the goods or these terms which you do not agree to (see Clause 6.2);
(b) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the goods may be significantly delayed because of events outside our control; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.4 If you are not ending the contract for one of the reasons set out in Clause 8.3, then the contract will end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
- HOW TO END THE CONTRACT WITH US
9.1 To end the contract with us, please let us know by writing to us, emailing us or calling us using the contact details in Clause 2.5.
9.2 If you are entitled to a refund under these terms we will refund within 14 days of the date you become entitled to the refund by the method you used for payment.
- OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a goods at any time by writing to you if:
(a) you do not make any payment to us when it is due; or
(b) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.
10.2 If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the goods. We may write to you to let you know that we are going to stop providing the goods. We will let you know at least 14 days in advance of our stopping the supply of the goods and will refund any sums you have paid in advance for goods which will not be provided.
- IF THERE IS A PROBLEM WITH THE GOODS
11.1 If you have any questions or complaints about the goods, please contact us. You can write to us, call us or email us using the contact details in Clause 2.5. Alternatively, please speak to one of our staff in-store.
11.2 If you are not happy with the goods after you have received them.
11.2.1 If you contact us within 14 days of receiving the goods, we may, at our absolute discretion on some goods:
(a) allow you to select different goods up to the value of your original purchase. if you choose goods of a lower value, no refund or credit for the difference will be made); or
(b) allow you to choose an alternative but we will only credit to you 70% of the original purchase price towards the alternative goods (on goods such as mattresses).
11.2.2 We will not offer any cash or credit alternatives to clause 11.2.1.
11.2.3 We cannot change pillows, bases, headboards or any items that have been ordered to your specific requirements.
11.2.4 We will only offer the change under clause 11.2 if the goods are returned unused, unsealed, in their original packaging and you pay any collection or re-delivery charges.
11.3 If you wish to discuss your product with us at the options available under clause 11.2, please contact us using the details in clause 2.5.
- YOUR RIGHTS IN RESPECT OF DEFECTIVE GOODS IF YOU ARE A CONSUMER
12.1 If you are a consumer we are under a legal duty to supply goods that are in conformity with this contract. This means that we must provide goods that must be as described, fit for purpose and of satisfactory quality.
12.2 If the goods do not conform to contract as stated in clause 12.1, you may have a legal right to reject them and receive a full or partial refund, depending on why and when you reject the goods (time limits apply).
12.3 For more information about your rights as a consumer, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
12.4 Your obligation to return rejected goods. If you have a legal right to, and wish to exercise your legal rights to reject goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. If, upon receipt, we accept that the goods do not confirm to the contract as described in Clause 12.1, we will pay the costs of postage or collection. Please contact us using the details in Clause 2.5 for a return label or to arrange collection. If we are collecting the goods, we will require you to produce photographic evidence of the fault or defect.
- YOUR RIGHTS IN RESPECT OF DEFECTIVE GOODS IF YOU ARE A BUSINESS
13.1 If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), any goods which are goods shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for their general purpose held out by us.
13.2 Subject to Clause 13.3, if:
(a) you give us notice in writing during the warranty period within 7 days of discovery that goods do not comply with the warranty set out in Clause 13.1;
(b) we are given a reasonable opportunity of examining such goods; and
(c) you return such goods to us at our cost,
we shall, at our option, repair or replace the defective goods, or refund the price of the defective goods in full.
13.3 We will not be liable for a good’s failure to comply with the warranty in Clause 13.1 if:
(a) you make any further use of such goods after giving a notice in accordance with Clause 13.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, use or maintenance of the goods or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by the you;
(d) you alter or repair the goods without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this Clause 13, we shall have no liability to you in respect of a good’s failure to comply with the warranty set out in Clause 13.1.
13.5 These terms shall apply to any repaired or replacement goods supplied by us under Clause 13.2.
- PRICE AND PAYMENT
14.1 The price of the goods (which includes VAT) will be the price stated on the order form. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see Clause 14.3 for what happens if we discover an error in the price of the goods you order.
14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the good’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the good’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we continue with your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.4 We accept payment with those methods stated in store. You can pay the full amount due at the time of submitting your order, or pay a deposit (a minimum of 10% of the full order price), with the balance due on or before delivery. Payment on delivery can be made by cash or debit or credit card (except American Express). We do not accept cheques or any form of banker’s draft. We will charge your debit or credit card at the points of order and delivery.
14.5 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods as summarised at Clause 12.1 and for defective goods under the Consumer Protection Act 1987
15.3 If you are a consumer we only supply the goods for to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in Clause 16.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective goods under the Consumer Protection Act 1987.
16.2 Except to the extent expressly stated in Clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to Clause 16.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you for the goods.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
17.1 We will only use your personal information as set out in our Privacy and Cookies Policy. A copy can be found out [ https://dreamersbedcentre.co.uk/privacy-policy/ ], or you may request that we send you a copy by contacting us using the contact information at Clause 2.5.
- OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
18.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
