These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause . Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 03.09.14.
These Terms, and any Contract between us, are only in the English language.
Information about us
1.1 We operate the website http://www.dreamersbedcentre.co.uk/. We are Dreamers Bed Centre Limited, a company registered in England and Wales under company number 04106475 and with our registered office at Unit 10, Park Industrial Estate, Liverpool Road, Ashton-in-Makerfield WN4 0YU. Our main trading address is Park Industrial Estate, Liverpool Road, Ashton-in-Makerfield WN4 0YU. Our VAT number is 582453723.
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause , you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at email@example.com or by post to Dreamers Bed Centre Limited, Unit 10, Park Industrial Estate, Liverpool Road, Ashton-in-Makerfield WN4 0YU. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date we receive the e-mail or the letter.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at firstname.lastname@example.org.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business. You may contact us by e-mailing us at email@example.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 1.63.
1.4 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. Items may be shown in images of the Products which do not form part of the Product, are not included in the Product description and do not form part of any order (for example headboards; bedside tables; lamps; bed covers and other soft furnishings).
1.5 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site 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 Products will fit into the space you intend for the Products.
1.6 The packaging of the Products may vary from that shown on images on our site.
1.7 Products may be delivered flat-packed or pre-assembled.
1.8 Any indication as to the tension of a Product 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.
Use of our site
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms, which apply to you.
How we use your personal information
If you are a consumer
This clause only applies if you are a consumer.
If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
If you are a business customer
1.9 This clause only applies if you are a business.
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
1.12 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
How the contract is formed between you and us
1.13 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
1.14 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. An order confirmation will be then sent which is our acceptance of your order and the contract between us will be formed when we send this confirmation to you. The following will take place as described in clause 1.15. Where the Product is not held in stock or is a special order this acknowledgement will be an acceptance of your order and the Product will be manufactured. You will not be able to cancel this contract.
1.15 Where the Products are not held in stock and must be made especially for you we will not refund any monies to you if the contract is cancelled.
1.16 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
Our right to vary these Terms
1.17 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
1.18 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
1.19 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; and
(b) changes in manufacturers or their terms and conditions.
1.20 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
Your consumer right of return and refund
This clause only applies if you are a consumer.
1.21 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 1.22. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and subject to the clauses set out below receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
1.22 Your legal right to cancel a Contract starts from the date of the [acknowledgement of your order] [Dispatch Confirmation] (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:
|Your Contract||End of the cancellation period|
|Your Contract is for a single Product (which is not delivered in instalments on separate days).||The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
|Your Contract is for either of the following:
one Product which is delivered in instalments on separate days.
multiple Products which are delivered on separate days.
|The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
|Your Contract is for the regular delivery of a Product over a set period.||The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
1.23 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. If you use this method we will e-mail you to confirm we have received your cancellation.
You can also e-mail us at firstname.lastname@example.org or contact our Customer Services team or by post to Unit 10, Park Industrial Estate, Liverpool Road, Ashton-in-Makerfield WN4 0YU. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
1.24 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund 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. See our Returns page for information about what handling is acceptable and examples. Refunds will not be paid where the Product has been opened from its packaging or is not in its original packaging or is not in resaleable condition.
(b) refund any surcharges you have paid.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you. For information about how to return a Product to us, see clause 1.27;
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
1.25 You must inspect the Products upon delivery and check for damage. If you have noted damage you should write this on the delivery note and refuse to take delivery. Any fault or defect must be reported within 7 days of delivery. If you have returned the Products to us under this clause because they are faulty or mis-described, we will refund the price of the Products in full, together with any [surcharges]. The costs incurred in returning the item to us are your costs and will not be reimbursed. At the time that you notify us of the fault or defect you must provide photographic evidence of the fault or defect. You must inspect the Product on delivery. When you have notified us of the fault or defect we will liaise with the manufacturer to assess the alleged fault or defect. Notification of a fault or defect must be made within 7 days of receipt. No refunds will be made until completion of this assessment/investigation and only then if we are satisfied that any damage is due to the manufacture of the product. We reserve the right to appoint FIRA to undertake an inspection of the Products at your home. You must cooperate with the inspector. You may be charged up to £50 contribution to the cost of the inspection and report if it is found that the fault or defect is not caused by the manufacturer.
1.26 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
1.27 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back to us or to the warehouse from which it was supplied. Please see our Returns page for our returns address.
(b) unless the Product is faulty or not as described (in this case, see clause 1.25), you will be responsible for the cost of returning the Products to us. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
1.28 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
1.29 We will contact you with an estimated delivery date which will be within 5 days of the estimated lead time we have been given by the manufacturer. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause for our responsibilities when this happens.
1.30 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
1.31 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
1.32 Large items will be delivered by 2-man delivery service and unless otherwise stated in your order and accepted by us will be to your door and not into a particular room in your property.
1.33 You own the Products once we have received payment in full, including all applicable delivery charges or surcharges.
This clause 10.5 only applies if you are a consumer.
1.34 If we miss the estimated delivery date for any Products then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) you told us before we accepted your order that delivery on or before the estimated delivery deadline was essential.
1.35 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 1.34, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
1.36 If you do choose to cancel your Order for late delivery under clause 1.35 or clause 1.36, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products unless they have opened from their packaging or is not its original packaging or are not resaleable.
No international delivery
1.37 Unfortunately, we do not delivery to addresses outside the UK.
1.38 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
Price of products and Surcharges
1.39 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 7.4 for what happens if we discover an error in the price of Product(s) you ordered.
1.40 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
1.41 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
1.42 The price of a Product does not include delivery charges. Our delivery charges are free other than in certain circumstances when surcharges apply are as advised to you during the check-out process, before you confirm your order. To check relevant surcharges, please refer to our Surcharges page.
1.43 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
How to pay
1.44 You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, Visa Debit, Mastercard.
1.45 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
1.46 Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
1.47 If you are a consumer, a manufacturer’s guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.]
1.48 The Manufacturer guarantee in clauses 14.1 and 14.2 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
Our liability if you are a business
This clause only applies if you are a business customer.
1.49 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
1.50 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
1.51 Subject to clause 1.50, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
1.52 Subject to clause 1.50, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
1.53 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
Our liability if you are a consumer
This clause 16 only applies if you are a consumer.
1.54 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
1.55 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
1.56 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
Events outside our control
1.57 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 1.58.
1.58 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
1.59 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
1.60 You may cancel a Contract affected by an Event Outside Our Control [which has continued for more than  days]. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any surcharges.
Communications between us
1.61 When we refer, in these Terms, to “in writing”, this will include e-mail.
1.62 If you are a consumer you may contact us as described in clause 1.2.
1.63 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Other important terms
1.64 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
1.65 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the manufacturer’s guarantee at clause 14 above.
1.66 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of the Manufacturer’s Guarantee at clause 14, but we and you will not need their consent to cancel or make any changes to these Terms.
1.67 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
1.68 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
1.69 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
1.70 If you are a business, a Contract and any dispute or claim arising out of or in connection with it 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.
1.71 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).