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 Dreamers Bed Centre, Unit 10, Park Industrial Estate, Liverpool Road, Ashton-in-Makerfield WN4 0YU;
- Emailing us at email@example.com;
- Via our website at dreamersbedcentre.co.uk using our contact page;
- Calling us on 01942 275464.
2.7 Our store opening times are:
Monday – 10:00 – 17:00
Tuesday – 10:00 – 17:00
Wednesday – Closed
Thursday – 10:00 – 17:00
Friday – 10:00 – 17:00
Saturday – 09:00 – 17:00
Sunday – 11:00 – 15:00
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 Our website will guide you through the ordering process. You will be given the opportunity of reviewing your order before submitting it. Please ensure that your order is correct before you submit it to us.
3.2 Our acceptance of your order will take place when we email you to accept it, 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 to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.5 Our website is 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 The images of the goods 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 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 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 on our website.
4.5 Goods may be delivered flat-packed or pre-assembled as stated on the website.
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 Making sure your measurements are accurate. 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 displayed to you on our website.
7.2 During the order process we will let you know the approximate time of delivery, or collection availability. Any times given by us, or set out on the website, are estimates only. Time is not of the essence. We will give you at least 7 days’ notice of when the goods are to be delivered or are ready for collection.
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 installments. We will not charge you extra delivery costs for this. However, if you ask us to deliver your order in installments, we may charge you extra delivery costs. Each installment 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 have asked to collect the goods from us, we will, in the order confirmation, state the specific store from which collection should take place, and 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.
- 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 to your property due to one of the reasons set out in this clause 7.6, we will leave the goods at the nearest point possible to 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 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced), see Clause 12 if you are a consumer and Clause 13 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
(c) If you are a consumer and have just changed your mind about the goods, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see Clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a 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 delivery of the goods may be significantly delayed because of events outside our control;
(d) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 Your right as a consumer to change your mind does not apply in respect of:
(a) any goods that we make specifically to your requirements (bespoke goods); and
(b) goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them (for example, mattresses and pillows).
8.5 How long do consumers have to change their minds. You have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery unless you have specifically requested us to deliver in instalments, in which case you will have until 14 days after the day you (or someone you nominate) receives received each instalment to change your mind (see Clause 7.3.).
8.6 Even if we are not at fault and you are not a consumer who has a right to change their mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the goods are delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. 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 (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
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 a consumer who has changed their mind, you can also print off the form at the end of these terms and post it to us at the address on the form.
In each case, setting out your name, address, your order number and the date you ordered and/or received the goods.
9.3 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us in their original packaging. You must either return the goods to our store, post them back to us at Dreamers Bed Centre, Park Industrial Estate, Liverpool Road, Ashton-in-Makerfield WN4 0YU or (if they are not suitable for posting) allow us to collect them from you. Please email us at firstname.lastname@example.org or call us on 01942 275464ll to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.4 We will pay the costs of return:
(a) if the goods are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.5 What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery. Where we have not charged you for delivery, then we shall make a reasonable charge to you for the cost of collection.
9.6 If you are entitled to a refund under these terms we will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.7 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop, for example, the goods returns must be in a brand new condition, packed in its original packaging for transport, not used, worn or slept on. Mattresses, mattress toppers and pillows should not be opened until you are completely certain that you want to keep the goods. If you wish to test a mattress, mattress topper or pillow, please keep the goods wrapped until you are completely satisfied with the feel of the goods. Once you have opened the goods they are exempt to any return as they are sealed for hygienic reasons. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a goods within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.8 We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return a goods to us, see Clause 9.3.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
- 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 and you still do not make payment within 5 days of us reminding you that payment 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
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.
- 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 at Dreamers Bed Centre, Park Industrial Estate, Liverpool Road, Ashton-in-Makerfield WN4 0YU, 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 indicated on the order pages when you placed your order. 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 accept 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 of payment as set out on our website. All goods must be paid for at the time you submit your order.
- 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.
[ https://dreamersbedcentre.co.uk/privacy-policy ].
- 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.