Terms and Conditions
Carefully read these terms and conditions, which will apply if you wish to proceed with the purchase of any product from Bedmill. Bedmill may, at its discretion, change, modify, add or remove these Terms at any time. Please check these terms periodically for changes.
|Supplier's Address:||See clause 15.1 below|
|Description of Goods:||See clause 2.2 below|
|Price of Goods:||See "Contract Price" in Glossary below|
|Delivery Costs:||See "Delivery Costs" in Glossary below|
|Payment Arrangements:||See clause 5 below|
|Delivery Arrangements:||See clause 7 below|
|Your right to cancel the Contract and procedure:||See clauses 3 & 4 below|
|Cost of using distance Communication:||You will pay the same price for the Goods if you purchase them using this website or the telephone|
|Period for which the contract Price remains valid:||See clause 5.1 below|
|Complaints Procedure:||See clause 12 below|
|After Sales Guarantee:||See clause 9 and 10 below|
TERMS AND CONDITIONS OF SALE:
1.APPLICATION OF CONDITIONS
1.2 Unless otherwise agreed in writing, these Conditions shall apply to the exclusion of any other terms and conditions.
1.3 Each Order that you place shall be deemed to be an offer by you to purchase the Goods from Bedmill subject to these conditions.
1.4 Each Order that you place shall be deemed to be accepted by Bedmill (and there will be no binding contract between Bedmill and yourself) until we issue a confirmation to you or (if earlier) we deliver the goods to you, in accordance with clause 7.
1.5 If, for any reason, we do not accept your Order we will advise you as soon as practicable (and there will be no binding contract between us).
1.6 You must ensure that:
1.6.1 the details you provide in the Order are complete and accurate; and
1.6.2 you provide us with all the necessary information relating to the supply of the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions.
2. BASIS OF SALE
2.1 Subject to clause 3, we shall sell and you shall buy the goods in accordance with the Confirmation
2.2 The description of the goods shall be set out in writing in the confirmation.
2.3 Any item that is not a bed (such as lamps, headboards or tables) that appears in any photograph or illustration on this site or in our brochures will not form part of this Contract. Such information is for illustration purposes only, and may not be comprise part of the Goods.
2.4 Any specifications or advertising issued by us and any descriptions or illustrations contained within our website or brochures will not form part of this Contract. Such information is by way of guidance or illustration only, and may not bear any relationship with the Goods.
2.5 Any typographical, clerical or other error made on our website, in the Confirmation on our invoice to you, in our price list or any brochures or any documentation issued by us shall be subject to correction without any liability on the part of Bedmill.
3. BUYER'S RIGHT TO CANCEL THE CONTRACT
3.1 You may cancel the Contract with in 7 days during the Cancellation Period by giving us written notice.
3.2 If you do not cancel the Contract in accordance with clause 3.1, you shall be deemed to have accepted the Goods (except any manufacturing faults) and will not be able to return the Goods to us.
3.3 The right to cancel in this clause 3.1 applies only to contracts affected over the Internet
4. IF THE BUYER CANCELS THE CONTRACT
4.1 Subject to clause 3, if we have delivered the Goods to you but you want to cancel the Contract, then you must retain possession and take good care of the Goods until you send your cancellation notice to us. The goods cannot be used.
4.2 If you cancel the contract before or after the goods are delivered there will be an administration charge of 20 % which will be deducted from your reimbursement
4.3 If you cancel the Contract after the goods are delivered then:
4.3.1 You must retain possession of the Goods and take good care of them until such time as we collect them from you.
4.3.2 You must make the Goods available and accessible for collection in the original packaging and the original, unassembled condition in which you received it, by us at a time when we will arrange with you and confirm with you.
4.3.3 We shall reimburse you any money that you have paid (by cheque) minus our administration charge of 20 % under the contract to the person by whom payment was made as soon as practicable
4.3.4 If you have entered into a Related Credit Agreement to pay for the Goods, then your notice to cancel the Contract under clause 3 will also cancel the Related Credit Agreement.
4.4 Once you cancel the Contract:
4.4.1 You must give the Goods back to us (and keep the Goods in your possession and take good care of them until such time as we collect them from you);
4.4.2 We shall collect the Goods from your premises (being the premises that you have specified to us in your cancellation notice) as soon as practicable.;
4.4.3 within 60 days of receiving your cancellation notice, we will send you a request to deliver up the Goods to us (this request may be given to you at the time we collect the Goods from you.
4.5.1 Within 60 days of the day on which you sent us your cancellation notice we give you notice requesting you to deliver up the Goods to us; and
4.5.2 You unreasonably refuse or fail to comply with our request, then you must continue to keep the Goods and take good care of them until such time as you give the Goods back to us.
4.6 We prefer to collect the Goods back from you when you cancel the Contract.
If, however, you decide to deliver the Goods back to us yourself then you must:
4.6.1 Deliver the Goods to our address
4.6.2 Take good care to ensure that the Goods are not damaged in transit; and
4.6.3 Pay any costs of delivery or our collection
4.6.4 Goods cannot be returned if the customer has unpackaged, assembled or used the goods.
4.7 If you give the Goods back to us and they are damaged (and the damage is not the result of our actions or negligence) then you must pay what we consider to be a reasonable amount for the damage. That amount will not exceed the price for the Goods. We will issue you with an invoice for the damage and you must pay that invoice on the date specified in the invoice (or if no date is specified, then 21 days from the date of the invoice).
You must pay for the damage out of the money that we are required to reimburse to you under clause 4.2.3
4.8 Products we're unable to cancel, refund or exchange
personalised or made-to-measure products
products where any of the customisable options are used.
SPECIAL SIZE TAILOR MADE PRODUCTS. Once an order has been received and payment taken for special sizes we do not refund for cancellations.
5.2 The Contract Price for the supply of the Goods shall be as set out in the Confirmation.
5.3 If we make an error in the Confirmation or any invoice or any receipt we will correct that error within 60 days of being notified of any error.
6.1 You must pay the Contract Price to us at the Address no later than the Payment Date.
6.2 You shall pay the Contract Price without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid to us by you.
6.3 Time for payment shall be of the essence.
6.4 No payment shall be deemed to have been received until Bedmill has received cleared funds. If you intend to pay for the Goods using credit or debit card, then we shall clear your transaction at the time of you placing your order, before we dispatch the Goods to you.
All delivery charges displayed on our web site are guide lines. Final delivery charges will be confirmed before dispatch and process of order
7.1 Unless otherwise agreed in writing by you and Bedmill, the delivery of the Goods will take place:
7.1.1 at the address you have specified in the Order (if the goods are to be delivered to another address other than the registered cardholders address, proof of address will be required); and if the goods are to be delivered to another address other than the registered cardholders address, proof of address will be required. Please note Your first mail order is required to be delivered to the registered cardholders address.
7.1.2 within 30 days after the day on which Bedmill receive the goods from our suppliers.
7.2 Provided that we deliver the Goods at the address you have specified in the Order (or any other address agreed by us in writing) then the Goods will be deemed to have been delivered and Bedmill will not be liable to you for non-delivery of the Goods. We do not have to satisfy ourselves that the person who accepts delivery at the given address is you (or authorised by you to accept delivery of the Goods).
7.3 If the Goods you have ordered are not available or discontinued we are unable to deliver them to you within the 60 days (or any other time limit agreed by the parties) we shall:
7.3.1 Inform you of this;
7.3.2 Cancel the Contract
7.3.3 Reimburse any sum you have paid (or which has been paid on your behalf) under the Contract to the person by whom payment was made no later than 60 days after the due date for delivery of the Goods under the Contract.
7.4 Subject clause 7.1, any dates and times quoted for delivery of the Goods are approximate only. The Goods may be delivered to you in advance of any quoted date upon giving you reasonable written notice.
7.5 Bedmill will not be liable to you for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by our negligence).
7.6 Any liability of Bedmill for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
7.7 The quantity or content of any consignment of Goods as recorded by Bedmill upon dispatch from the Address shall be conclusive evidence of the quantity or content received by you on delivery unless you can provide conclusive evidence proving the contrary.
7.8 We reserve the right to suspend future deliveries of Goods and cancel any Contracts with you and your right to possession of the Goods shall terminate immediately if you:
7.8.1 Have a bankrupts order made against you or make an arrangement or composition with your creditors;
7.8.2 Convene a meeting of creditors or enters into liquidation (whether voluntary or compulsory), except a solvent voluntary liquidation for the purposes only of reconstruction or amalgamation.
7.8.3 Have a receiver and / or administrator or administrative receiver appointed of its undertaking or any part thereof.
7.8.4 Pass a resolution or you are served with a petition for the winding up of for the granting of an administration order in respect of you.
7.8.5 Have proceedings issued against you in relation to your insolvency or potential insolvency
7.8.6 Suffer or allow any execution to be levied on your property or obtained against you.
7.8.7 Fail to observe / perform any of your obligations under the Contract or any other contract between Bedmill and yourself.
7.8.8 Are unable to pay any debts within the meaning of section 123 of the Insolvency Act 1986.
7.8.9 Cease to trade; or
7.8.10 Encumber or in any way charge any of the Goods.
7.8.11 Goods delivered by Bedmill or by a third party contracted to undertake delivery on our behalf to you are delivered only to inside the customer's doorstep. If the customer requests that the bed is taken upstairs and any damage to fixtures, fittings (such as lampshades, tables etc.) or the structure of the house i.e. plasterwork or brickwork occurs, the customer undertakes not to hold Bedmill, it's employees or sub-contractors responsible for any such damage should it occur. Such an action is undertaken solely on the individual customer's own responsibility.
8. RISK AND TITLE
8.1 The Goods shall be at your risk from the time of delivery at the Delivery Place and if you wrongfully fail to take delivery of the Goods, then risk of the Goods shall pass to you at the time when we tendered delivery of the Goods.
8.2 Despite delivery and the passing of risk, ownership in the Goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of:
8.2.1 The Goods; and
8.2.2 all other sums which are or which become due to us from you on any account.
8.3 Until ownership of the Goods are passed to you, you must:
8.3.1 Hold the Goods on a fiduciary basis as our bailee
8.3.2 Store of hold the Goods (at no cost to us) separately from all of your other Goods or those of any third party in such a way that the Goods remain readily identifiable as Bedmill's property.
8.3.3 Not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods and 8.3.4 Maintain the Goods in a satisfactory condition and take reasonable care of them.
8.3.5 Keep the Goods insured on our behalf for their full price against all risks to our reasonable satisfaction and upon request from us you shall produce the policy of insurance to us and
8.3.6 Hold the proceeds of the insurance referred to in condition 8.3.5 on trust for Bedmill and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
8.4 You may not use or resell the Goods before ownership has passed.
8.5 We shall be entitled to recover payment from you for the Goods not withstanding that ownership of any of the Goods has not passed from us.
8.6 You grant us and our agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where your right to possession has terminated, to recover them, and to use reasonable force in doing so.
9.1 We will endeavour to transfer to you the benefit of any manufacturer's warranty or guarantee given to us. For mattress warranty please see 9.7
9.2 Subject to the conditions set out below, we warrant that the Goods will correspond with their specification at the time of delivery and will be free from defects in quality, material workmanship and condition for a period of 12 months from delivery.
9.3 We shall not be liable for a breech of any of the warranty in clause 9.2 unless:
9.3.1 You give us written notice of the defect within 7 days of the time you discover or ought to have discovered the defect; and
9.3.2 We are given reasonable opportunity after receiving your notice of defect to examine the Goods in question and you (if asked by us to do so) shall return the Goods to the Address at our Cost for the examination to take place there.
9.4 We shall not be liable for a breech of the warranty in clause 9.2 if:
9.4.1 You make any further use of such Goods after giving notice of the defect to us
9.4.2 The defect arises as a result of fair wear and tear, wilful damage, negligence, misuse, abnormal working conditions or your failure to follow our oral or written instructions as to the storage or use of the Goods.
9.4.3 You alter or repair such Goods without our prior written consent; or
9.4.4 You have not paid the Contract Price for the Goods by the Payment Date.
9.5 Subject to clause 9.3, if any of the Goods do not conform with any of the warranty in clause 9.2, then within 30 days of us examining the defective Goods, we shall (at our option):
9.5.1 Repair or replace such Goods (or the defective part) free of charge; or
9.5.2 Refund the price of such Goods (or a proportionate part of the price) provided that you deliver up the Goods for collection (or, if we so request and at our expense you return the Goods of the part of such Goods which is defective to us at the Address).
9.6 If we comply with clause 9.5 we shall have no further liability for a breech of any of the warranty in condition 9.2 in respect of such Goods.
10. LIMITATION ON LIABILITY
10.1 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a "consumer" within the meaning of the Unfair Contract Terms Act 1977, all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
10.2 Where the Goods are sold under a "consumer transaction" as defined by the Consumer Transactions (Restrictions on Statements) Order 1976, the statutory rights of the Buyer are not affected by these Conditions.
10.3 Nothing in these Conditions excludes or limits our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.
10.4 Subject to clauses 10.1, 10.2 and 10.3:
10.4.1 Our total liability in contract, tort (including negligence or breech of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to Contract Price; and
10.4.2 We shall not be liable to you for any indirect or consequential loss or damage (whatever 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 the Contract.
11. FORCE MAJEURE
11.1 Bedmill shall not be liable to you or be deemed to be in breech of the Contract by reason of any delay in performing, or any failure to perform any of Bedmillís obligations relating to the Contract, if the delay or failure was due to any cause beyond Bedmillís a reasonable control including, without limitation: 11.1.1 Acts of God, fire, explosion, epidemic or flood;
11.1.2 War or national emergency;
11.1.3 Riot, civil commotion, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce);
11.1.4 Restraint or delays affecting carriers or inability or delay in obtaining supplies of adequate suitable materials;
11.1.5 import or export regulations or embargoes (including the failure of the Company's suppliers to obtain any necessary export permits, licenses or other authorisations);
11.1.6 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
11.2 Provided that, if any event referred to in clause 11.1 continues for a period in excess of 30 days, you shall be entitled to give us notice in writing to terminate the Contract.
12. COMPLAINTS AND DISPUTES
12.1 If you should have a complaint about the our service, you should contact us by:
12.1.1 Post sent to the Address
12.1.2 Electronic mail to
12.1.3 Telephone on 01924 470989
12.1.4 Any complaints made regarding damages upon delivery must be made within 48hours of delivery. Failure to do so after this timescale will mean the product was delivered in perfect condition.All complaints must be supported with photographic evidence.
12.2 We will endeavour to respond in writing to your complaint within 14 working days of receiving it. Our response will tell you:
12.2.1 The course of action we propose in response to your complaint;
12.2.2 The estimated time of dealing with your complaint; and
12.2.3 The contact details of a person at Bedmill who will be handling your complaint.
12.3 Within 14 days of our response under clause 12.2, we shall inform you of our substantive response to the complaint and our proposal for resolution. If you are not content with our proposal, you may elect to have your complaint reviewed by a senior executive of Bedmill, who will review your complaint and respond substantively within a further 21 days.
13.1 You shall not be entitled to assign the Contract or any part of it without our prior written consent.
13.2 We may assign the Contract or any part of it to any person, firm or company.
14.1 Bedmill owns the copyright in and operates this website. Any photographs displayed on our website have been reproduced by Bedmill with the permission of the copyright owner. You may not copy, reproduce, republish, upload, post, transmit or distribute any material from this website in any way without Bedmillís express written permission. All trade marks, service marks and trade names are the property of Bedmill (or are used with the permission of the trademark owner). Infringement of any copyright or trademarks on this website may lead to legal action against the infringer.
14.2 Each right or remedy of Bedmill under the Contract is without prejudice to any other right or remedy of Bedmill whether under the Contract or not.
14.3 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable, or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability, or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect, provided the overall effect of the Contract is more or less the same.
14.4 Failure or delay by Bedmill in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract. 14.5 Any waiver by Bedmill of any breech of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breech or default and will in no way affect the other terms of the Contract.
14.6 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
14.7 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the non-exclusive jurisdiction of the English courts.
15.1 For the purpose of this clause:
15.1.1 Bedmill's address details are as follows:
Electronic Mail: firstname.lastname@example.org
15.1.2 your address shall be as set out in the Order (or any other address as you shall notify Bedmill).
15.2 Any notices required to be given under this Contract shall be in writing and delivered to the other party by hand, pre-paid first class post, by facsimile or by electronic mail.
15.3 Notice shall be deemed to have been received:
15.3.1 If it is delivered to the last known address of the other party, then on the day of delivery;
15.3.2 If it is sent by post to the last known address of the other party, then on the day on which it was posted;
15.3.3 If it is sent by facsimile to the last known facsimile number of the other party, then on the day it is sent;
15.3.4 If it is sent by electronic mail to the last known electronic mail address of the other party, then on the day it is sent.
16. PRIVACY AND SECURITY POLICY
16.1 You may visit this website and access the public information while remaining anonymous and not revealing any personal information.
16.3 If you wish to make an online purchase from us, then you will be required to provide certain personal information as a prerequisite of being able to place an Order. We will only ask you for as much information as we need to process your order and perform the Contract. That information will be:
16.3.2 kept secure in accordance with the requirements of the Data Protection Act 1998 (as amended).
16.4 We shall not transfer any of your information outside of the European Economic Union.
16.5 You may contact us at any time for access to your information in order to ensure that the information is correct and up to date.
16.6 At the time of placing your Order you may give your consent to us:
16.6.1 To contact you by electronic mail in relation to the supply of the Goods.
16.6.2 To provide you with details of products which we consider to be of interest to you. If you do not give your consent, then we will not send you any such information. If at ant time you wish to withdraw your consent, you should notify us immediately in writing.
16.7 In accordance with our security policy, we shall use our reasonable endeavours to ensure that:
16.7.1 Our ordering system is on a secure server and is encrypted to prevent any security breech;
16.7.2 Any equipment at our Address is kept secure to avoid any tampering or unauthorized use of your information
16.7.3 Bedmill do not keep or store financial details (credit or debit card numbers) within our database system or website as well as paper documents and have never kept financial details (credit or debit card numbers).
"Address": the address for Bedmill set out in clause 15
"Bedmill", "we", "us": Bedmill.co.uk
"Buyer", "you": the person(s), firm or company who purchases the Goods from Bedmill
"Cancellation Period": period starts on the day on which we issue a Confirmation to you (or, if earlier, we deliver the Goods to you) and ends 7 working days from the day after the Goods are delivered to you.
"Conditions": Written acceptance of your Order (by electronic mail or otherwise) that we will issue to you as soon as practicable after receiving your order.
"Contract": Any contract between yourself and Bedmill for the sale and purchase of the Goods incorporating these Conditions, whether effected by electronic mail through this website, or otherwise.
"Contract Price": The price for the sale and delivery of the Goods as specified in the Confirmation and which is the sum of:
a. the price of the Goods
b. The Delivery Costs (if any)
c. Any value added tax payable on the above
"Delivery Costs": All goods (see Delivery pages on this web site )
Goods are to be delivered outside the United Kingdom, then the Delivery Costs will be all costs or charges in relation to the delivery of the Goods (including loading, unloading, insurance and carriage.)
"Delivery Place": Address for delivery as specified by you in the Order.
"Goods": Any bed(s) including any part(s) or accessories supplied to you by Bedmill.
"Order" Your offer to purchase Goods that you place with us (either by electronic mail or by telephone).
"Payment Date": The date due according to the invoice delivered to you (and where no time is specified 14 days from the date of invoice).
"Related Credit Agreement": An agreement under which fixed sun credit is granted by Bedmill (or by another person under an arrangement between that person and Bedmill) to fully or partly pay the Contract Price.
I accept that the above Conditions will govern any purchase I make from Bedmill (unless the conditions are modified by Bedmill in writing).