In these terms:
Goods means bedding or any accessories or other products manufactured or supplied by MyBedding.co.uk and the subject of the order made by You.
You and Your means the person ordering Goods from MyBedding.co.uk.
MyBedding.co.uk or We or Us or Our means MyBedding whose registered address is:
MyBedding.co.uk is a trading name of Genesis Forty Four
Full address:
MyBedding.co.uk
Genesis 44 Ltd
Unit 6, The Lopen Works
Lopen Road
London
N18 1PU
1. OUR CONTRACT
Our website invites You to buy Goods from Us. A legally binding contract with You will only arise once MyBedding.co.uk has received payment for the Goods in full from You by our secure payment system and a time of 24 hours has elapsed for us to review any order. We shall notify You of acceptance of Your order by e-mail to the e-mail address given by You in the order form when we accept the order informing you that we are now 'processing' your order, 'pending' orders are pre inspection and are Not acceptance of a contract with you. We regret We cannot accept orders placed by persons located or resident outside of the United Kingdom.
2. PRICE
2.1 The price for any Goods ordered by You will be the price shown on the order confirmation section of the MyBedding.co.uk website at the time You place Your order and will include all taxes applicable from time to time. Please refer to clause 4.1.3 for further information on incorrect pricing.
2.2 In addition to the price, a delivery charge may be payable in respect of deliveries made to locations within the UK mainland. The delivery charge will be that shown on the order confirmation section of the MyBedding.co.uk website at the time You place Your order. If there is any change in the delivery charge payable We will notify You before Your order is accepted by Us and ask You to confirm that You wish to proceed with Your order. Delivery to locations outside of the UK mainland will be made only with Our express prior agreement and additional delivery charges may be payable in that event. If You require delivery outside of the UK mainland You are advised to contact Us on Our enquiry line or by e-mail in advance of placing Your order. If there is any change in the delivery charge payable We will notify You before Your order is accepted by Us.
2.3 Subject to clause 6, We will debit the price, plus any delivery charge, from Your debit or credit card when We receive Your order or as soon as reasonably practicable thereafter. If more than one item is ordered We may deliver the Goods in installments but, if We do, We will not charge more than one delivery fee.
3. RIGHT FOR YOU TO CANCEL YOUR CONTRACT AND RETURNS
3.1 If you wish to cancel an order before goods are sent out you will be refunded your payment less £7.50 handling fee for your order. You may cancel Your order with Us for the Goods You order at any time up to the end of the seventh working day from the date You receive the Goods that you have ordered. You do not need to give Us any reason for canceling Your order however where there is no defect to the product will levy a handling fee of 12% for all orders. To cancel Your order You must notify Us by e-mail at sales@MyBedding.co.uk with Your order number and customer .We will then give you a return address for which the goods must be sent to. ALL returns must be sent by recorded delivery to ensure the parcel arrives. Do not send parcels without informing us first as the return address is different to the registered address. The balance of the price paid will be reimbursed to You within 30 days of notification of cancellation by recrediting Your debit or credit card.
3.2 Once You have notified Us that You are canceling your order, any sum debited to Us from Your debit or credit card will be recredited to Your account as soon as possible and in any event within 30 days of cancellation of Your order provided that the Goods in question are made available for collection from You and received by Us in the condition they were in when delivered to You and have not been modified or subject to misuse or negligence.
Please note: If You do not follow the instructions above, by informing us that you wish to return goods, sending goods back recorded delivery and by returning them to the address we provide you with then we cannot guarantee that you will be refunded. We do this to protect you the customer and to ensure that goods You wish to send back are received by us properly.
4. CANCELLATION BY US
4.1 We reserve the right to cancel Your order if:
4.1.1 We have insufficient stock to deliver the Goods You have ordered
4.1.2 You require delivery outside the United Kingdom; or
4.1.3 one or more of the Goods You ordered was listed at an incorrect price due to a typographical error or an error in the pricing information made by Us and/or received by Us from Our suppliers.
4.1.4 If You are found to be aggressive or threatening towards any member of our staff either by phone or by email
4.2 If We do cancel Your order We will notify You by e-mail and will re-credit to Your account any sum deducted by Us from Your debit or credit card as soon as possible but in any event within 30 days of Your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. PRODUCT DESCRIPTIONS AND MEASUREMENT
6.1 The product information and photographs contained within Our website are provided for illustrative purposes only and We cannot warrant that they are accurate. If You are in any doubt as to the precise nature of the product or composition You wish to order, You are advised to contact us by phone or email to confirm the exact product.
7. DELIVERING YOUR GOODS
7.1 MyBedding.co.uk will deliver Your Goods to the address You have provided within 5 – 10 working days and in any event within 30 days of the day after Your order was placed unless a later date is agreed with You by Royal Mail First Class Recorded Delivery.
7.2 Ownership of, and risk in, the Goods will pass to You once they have been delivered to You. If You return the Goods under clauses 3 or 8, ownership of, and risk in the Goods returned will pass to Us on receipt of the Goods by Us.
8. DEFECTIVE GOODS
8.1 MyBedding.co.uk warrants that all Goods sold to You will be free from defects in material and workmanship for a period of 12 months from delivery of the goods to You.
8.2 If Your Goods are defective on delivery or a defect arises within the following 12 months, You are entitled to return them to Us provided You have first contacted Us through the telephone order help-line or e-mail address shown on Our web-site, or in writing at the address set out in the Contact Us section of Our web-site, giving Us details of the defects, but only if We have agreed that the Goods should be returned to Us. If it appears that the Goods are defective We will promptly arrange:-
8.2.1 for a prepaid envelope to be sent to you for you to return the goods to us
8.2.2 if the Goods are defective on delivery, and You so request, arrange for a full refund of the price and delivery charge of the defective Goods by crediting Your debit or credit card within 30 days of receipt of the defective Goods provided that the Goods have not been modified or subject to misuse or negligence. Please contact Us on Our order help-line or by e-mail as described above for guidance on how to pack Your Goods to return them.
8.3 No liability under clause 8.2 shall arise unless the price and the delivery charge have been paid in full on or before delivery.
8.4 If the Goods are not defective, or are returned to Us after the period of 12 months from delivery of the Goods, or they have been modified, misused or the subject of negligence, You will be responsible for the payment of Our charges on a time and materials basis in respect of any repairs and collection and return of the Goods which We agree to carry out at Your request. We shall be entitled to debit such charge on the debit or credit card which You used to order the Goods provided We notify You of the amount of such charges before carrying out the repair.
8.5 Except where You are a consumer, MyBedding.co.uk will not be liable for any indirect or consequential loss or damage or loss of profits arising out of Our supply or failure to supply the Goods to You.
8.6 The rights You have under clauses 8.1 and 8.2 above do not in any way seek to limit MyBedding.co.uk' liability for death or personal injury resulting from MyBedding.co.uk' negligence and they do not limit any statutory rights You have as a consumer.
8.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from Our website. The importation or exportation of certain of Our goods to You may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods You purchase.
8.8 Except where You are acting as a consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or condition of the Goods whether implied by statute or common law or otherwise are excluded to fullest extent of the law.
9. REPRESENTATIONS
No statement, description, or recommendation contained in any catalogue, price list, advertisement, communication, the pages of this website or by any employee or agent of MyBedding.co.uk shall be interpreted so as to enlarge, vary or override in any way any of these terms and conditions.
10. EVENTS BEYOND OUR CONTROL
We shall have no liability to You for any failure to deliver Goods You have ordered or for any delay in doing so or for any change of the specified delivery date or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond Our reasonable control including, without limitation, third party default, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
11. INVALIDITY
If any part of these terms and conditions is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these conditions will not be affected.
12. THIRD PARTY RIGHTS
Except for Our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13. GOVERNING LAW
This contract is subject to English law and the exclusive jurisdiction of the English courts.