| 1. General
1.1. These Conditions shall supersede all earlier conditions of Beds Devon.
1.2. These conditions shall take precedence over any conditions of the Customer
and shall not be varied without the written consent of a director of Beds Devon.
2. Definitions
2.1. "Beds Devon" means furniture-devon.co.uk of Beds To Go Ltd trading as Beds Devon Head Office, Unit 4, Borough Close, Paignton, Devon. TQ4 7EP. Tel: 01803 528065
2.2. "Beds Devon" is part of the furniture-devon.co.uk Group of websites of which are managed at Beds To Go Ltd trading as Beds Devon Head Office, Unit 4, Borough Close, Paignton, Devon. TQ4 7EP. Tel: 01803 528065 United Kingdom. furniture-devon.co.uk is trading as "Beds Devon"
2.3. "Customer" means the person, firm or company buying or agreeing to buy
goods and services from Beds Devon.
2.4. "Price Paid" means the price paid by the Customer for the Product excluding
carriage and any credit surcharge. The Price Paid is stated on the Order
Confirmation.
2.5. "Order Confirmation" means the acknowledgement of the Customers’ order sent
to the Customer by Beds Devon.
2.6. "Product" means any item supplied to the Customer by Beds Devon.
2.7. "Working Day" means Monday through to Friday excluding Bank holidays.
2.8. "Out of Stock" means the product is currently out of stock and will be placed on back order.
2.9. "Back Order" means the product will, or has been ordered from our supplier(s).
3. Prices and Ordering
3.1. Unless otherwise stated all prices are exclusive of delivery and insurance.
3.2. The price payable by the Customer will be the price current at the date of
the order.
3.3. Reservation of Products does not constitute an order and is not binding on
either party.
3.4. Acceptance of your order and the completion of the contract between you and
us will take place on dispatch to you of the products ordered unless we have
notified you that we do not accept your order or you have cancelled it.
3.5. Errors and omissions are excepted. Images are for illustrative purposes
only and may or may not represent the actual product.
4. Payment
4.1. Payment is due on demand and in any event must be made within 30 days of
the invoice date.
4.2. Beds Devon may charge interest on overdue accounts at the
rate of 2% per month calculated on a daily basis until actual payment.
5. Delivery
5.1. We aim to deliver within 48 hours of the order being placed on a "working day", subject to if the item is in stock. If the item is "out of stock" or on "back order" we will aim to have the goods within 2 to 10 working days.
5.2. Any delivery date stated is only a warranty by Beds Devon to
use reasonable endeavours to effect delivery by that date. No liability will be
accepted by Beds Devon for failure to meet a stated delivery date.
5.3. If payment is made by credit or debit card, delivery will be made to the
statement address of the cardholder unless an alternative delivery address is given.
5.4. Products supplied by Beds Devon are delivered at the risk of
Beds Devon.
5.5. Delivery charges
Delivery charges vary depending on the type of products ordered and the service you select and can only be refunded in accordance with your legal rights under the Distance Selling Regulations and other legislation.
5.6. Acknowledgment and acceptance of your order
If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order. Our acceptance of your order will take place upon despatch of the product(s) ordered.
5.7. Delays
Occasionally, the manufacture of your product ordered may be delayed. This can be for various reasons such as material shortages, import delays or higher than anticipated demand. We will, of course, make every effort to keep you informed.
5.8. Cancellation right
Under the distance selling regulations you have the legal right to cancel your order within seven working days of receipt of the goods. Where goods are delivered to a third party you will only be able to exercise this right if you are able to return to us the goods you ordered. For details of how to exercise this right please see our Consumer Rights section.
6. Consumer Rights
6.1. If you are a consumer (a private person buying for their personal use) then
Once you have taken delivery of your order, you have a legal right to cancel your order within 7 day of reciept.
As soon as you realise that you need to change your order please contact us on 01803 393525 and one of our advisors will help you.
If you amend your order, you may find there are changes to your delivery timescale and/or the price you pay for the item (as you’ll be charged the current selling price on the day you amend the order).
The packaging may be opened but the goods should not be used.
Items should be in a resaleable condition and returned or collection arrangements made promptly at your cost.
If collection of an item is required, we will charge you the cost of collection (up to £100) of which you will be notified at time of cancellation.
6.2. If a customer wishes to return Products not covered by clause 6.1 then such
Products will be accepted at the discretion of Beds Devon. The
customer must obtain a RMA number from Beds Devon and quote this
when returning the goods. An RMA Number can be requested online after logging into your account, or you can phone us and we can generate one for you. The customer will be credited with the current market
price.
Goods can be returned to the following address:
Ref: Beds Devon
Beds To Go Ltd trading as Beds Devon Head Office Unit 4 Borough Close Paignton Devon TQ4 7EP Tel: 01803 528065
*Carriage charge: This means the collection and transport of the item from you to us, this also depends upon the weight of the item(s) but will be the actual charge based on the weight of the item(s) and / or depending on courier and tariff used, this will usually be the price you had originally paid for carriage, but this may vary.
7. Guarantee
7.1. If within 12 months of being delivered a defect in any Product is
discovered which is directly due to faulty goods or workmanship, or if a valid
claim is made under 5.2 above, then Beds Devon shall at its option
repair or replace the Product free of charge for labour and materials.
7.2. The Customer will receive a warranty direct from the
manufacturer and should claim under this warranty.
7.3. The Customer should return the Product in its original packaging to
Beds Devon at the address above. Prior authorisation must be
obtained for any returns by contacting Beds Devon customer
services and obtaining a RMA number, which must be quoted in any correspondence.
8. Limitation of Liability
8.1. Beds Devon accepts liability for any private property loss or
damage, death or personal injury caused directly by the negligence or deliberate
misconduct of Beds Devon or its employees. Except for death or
personal injury, this liability shall be limited to the lesser of £250,000 or
the Price Paid.
8.2. Beds Devon shall not be liable for any financial
consequential indirect or other losses suffered by the Customer or any third
party whether such loss arises in contract or tort or in any other way.
9. Uncontrollable Events and Delays
9.1. In case of delays caused by circumstances beyond the control of Beds Devon
or its’ suppliers, Beds Devon shall have the right
to either suspend delivery or to cancel the contract without liability.
9.2. Examples of Uncontrollable Events are (by way of example and not limited
to) strike, lockout, riot, revolution, war, epidemic, working difficulties,
transportation difficulties, fire, and failure of suppliers or official
regulations.
10. Customers Obligations
10.1. You are responsible for your own choice of Product and the suitability for
any particular purpose. You must ensure that any Products are compatible.
10.2. Images are for illustration purposes only.
10.3. Specifications are correct as per manufacturer information.
10.4. You must provide reasonable courtesy information and co-operation to
Beds Devon.
11. Title and Risk
11.1. Until full payment has been received by Beds Devon for all
Products whatsoever, supplied at any time by Beds Devon to the
Customer: -
11.1.1. Property of the Products shall remain in Beds Devon;
11.1.2. the Customer shall store the Products in such a way that they can be
readily identified as being the property of Beds Devon, and at all
times in accordance with Beds Devon recommendations;
11.1.3. subject to 11.1.4 and 11.1.5 below the Customer shall be at liberty in
its own name (but not on behalf of or in the name of Beds Devon)
to sell the Products in the ordinary course of business, on the basis that any
proceeds of sale shall be the property of and be held on trust for Beds Devon;
11.1.4. Beds Devon may at any time suspend or revoke the Customers
power of sale by notice in writing to the Customer if the Customer is in default
for longer than 14 days in payment of any sum whatsoever due to Beds Devon
or if any Bill of Exchange, cheque or other negotiable instrument
drawn or accepted or endorsed by the Customer is dishonoured on presentation for
payment;
11.1.5. the Customer´s power of sale will automatically determine if a Receiver
is appointed over any of the assets or the undertaking of the Consumer or a
winding up order is made against the Consumer or the Consumer goes into
voluntary liquidation (otherwise than for the purpose of reconstruction or
amalgamation) or causes a meeting of, or makes any arrangement or composition
with creditors or commits any act of bankruptcy;
11.1.6. upon revocation of the power of sale under clauses 11.1.4 and 11.1.5
above the Customer shall place the Products at the disposal of Beds Devon,
who shall be entitled to enter upon any premises of the Customer
for the purposes of removing the Products from the premises.
11.1.7. The risk in the goods shall pass from the seller to the buyer upon
delivery of such goods to the buyer. However, notwithstanding delivery and the
passing of risk in the goods, title and property in the goods, including full
legal and beneficial ownership, shall not pass to the buyer until the seller has
received in cash or cleared funds payment in full for all goods delivered to the
buyer under this and all other contracts between the seller and the buyer for
which payment of the full price of the goods thereunder has not been paid.
Payment of the full price of the goods shall include the amount of any interest
of other sum payable under the terms of this and all other contracts between the
seller and the buyer under which the goods were delivered.
12. Marketing Emails
12.1 ‘Marketing Emails’ refers to any promotional email communication. The
information transmitted in these emails is intended only for the person(s) or
entity to which it is addressed and may contain proprietary, confidential and/or
privileged material. If you have received an email in error, please contact the
sender. Although the emails and any attachments are believed to be free of any
virus, it is the responsibility of the recipient to ensure that they are virus
free and no responsibility is accepted by the sender for any loss or damage
arising in any way from the receipt or use thereof. Errors and omissions are
excepted. Images are used for illustrative purposes only. Prices valid for the
indicated time period only. Offer pricing only available on the online store.
Retail prices apply through the Trade Counter and Telephone Sales.
13. Export Restrictions
13.1. We currently only ship to the United Kingdom, British Channel Islands and
Eire.
14. Currencies Accepted
14.1. At present we only accept British Pound Sterling.
15. Typographical Errors
It is possible that a product or service will be listed at an incorrect price on our web site due to a typographical error. Beds Devon has the right to cancel any orders placed for the product or service listed at an incorrect price. If your account or credit card has been charged for the order at the incorrect price and Beds Devon cancels the order, Beds Devon will issue a credit to your account or credit card in the amount of the order at the incorrect price.
16. Miscellaneous
16.1. If any part of these Terms and Conditions are found to be invalid or
unenforceable by a court the rest are unaffected.
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