Sleep On Beds LTD is a UK based company that operates from West Yorkshire, United Kingdom.
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the goods listed on our website sleeponbedsltd.co.uk(our site) to you. Please read these terms and conditions carefully before ordering any Goods from our site. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Our site is only intended for use by people resident in the United Kingdom. We currently do not accept orders from individuals outside those countries.
By placing an order through our site, you warrant that:
You are legally capable of entering into binding contracts;
You are at least 18 years old; and
You are resident in the United Kingdom
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods.
If the Goods you have ordered are not available or discontinued, or if we are unable to deliver them to you within 60 days, we shall inform you of this. In this event, no Contract shall have been formed between you and us.
If we are unable to supply the Product and payment has already been made by the buyer, then the buyers account will be refunded or re-credited with the sum paid by the Buyer. The Seller will not be obliged to offer any compensation for disappointed suffered.
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in Clause 10 below).
To cancel a Contract, you must inform us via email at firstname.lastname@example.org You must make the Goods available to us for collection and during this time keep the Goods in the same condition in which you received them. You may not use the Goods. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
If a customer wishes to cancel after receiving goods, for reasons of change of mind, incorrect goods ordered, wrong size, wrong colour choice, do not fit for any reason, then there is a £70 collection fee and £45 re-delivery fee of correct item, any additional delivery charges paid are non refundable.
You will not have any right to cancel a Contract for the supply of any Goods that were made to your explicit specifications or which have been clearly personalised for your use.
If you have entered into an agreement under which fixed sum credit is granted by us (or by another person under an arrangement between that person and us) to fully or partly pay the Contract price (“Related Credit Agreement”), then your notice to cancel the Contract will also cancel the Related Credit Agreement.
Please be aware that images of our products on our website are for illustration purposes only. Any item that is not a bed or the specified product in the product description on the web page, or that appears in any photograph or illustration on the website will not form part of this contract. An example of such things are lamps, bed covers, pictures and in certain instances headboards on divan beds (unless previously mentioned in product description).
RISK AND TITLE
The Goods will be at your risk from the time of delivery pursuant to clause 9 and if you wrongfully fail to take delivery of the Goods, then risk of the Goods shall pass to you at the time we tendered delivery of the Goods.
Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including any delivery charges.
PRICE AND PAYMENT
The price of any Goods will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where correct price is less than our stated price; we will charge the lower amount when dispatching the Goods to you. If a correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a misprice.
Payment for all Goods must be by credit or debit card. We accept payment made with all major credit/debit cards, with the exception of American Express. Your credit or debit card will be charged at the time the order is made.
For all our products, the delivery service is one man and can only be delivered to the doorstep. If you reside in an apartment or a block of flats, the delivery driver will only be able to deliver to the ground floor lobby of the building only.
If you live in Cornwall, Devon, Somerset, Aberdeen, Inverness or Dundee, your delivery may take up to 14 working days depending on the item you have purchased. Please contact us before placing your order to determine a lead time on your delivery.
The free express delivery service (applicable to orders over £300 is guaranteed within 5 working days.
We can only deliver to Maindland UK and we are unable to deliver to the Scotish Highlands or any other offshore islands.
Please be aware that our drivers are not insured to enter private premises and only deliver to the doorstep. If you require assistance with the moving of your item into your premises, you must arrange the assistance yourself.
Items Shipped Within 2-3, 4-6 and 7-10 Days- are all based upon working days Monday-Friday. You will be contacted within these days to organise a suitable delivery date.
All other delivery times- are based on approximate supplier lead times. Once the goods have been processed and manufactured to your choice we will contact you to organise a suitable delivery date.
Delivery times- We aim to deliver all our items between the hours on 8am and 6pm (depending on traffic)
Unless otherwise agreed in writing by yourself and Sleep On Beds Ltd, the delivery of the Goods will take place at the address you have specified in the order (if the Goods are to be delivered to another address other than the registered cardholder address, proof of address will be required).
Provided that we deliver the Goods to the address you have specified in the order (or any other address agreed by Sleep On Beds Ltd) then the Goods will be deemed to have been delivered and we 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 address you have provided is you (or is a person authorised by you to accept delivery of the Goods).
Any dates and times quoted for delivery of the Goods are approximate only. The Goods may be delivered to you in advance of any estimated delivery time, giving you reasonable notice.
Goods delivered by Sleep On Beds Ltd or by a third party contracted to undertake delivery on our behalf are delivered only to the inside of your doorstep. If you request that Goods are taken inside your property, or request any assistance with moving or assembly of items, then we or any third party contractor shall not be held liable or responsible for any damage to carpets, fixtures, fittings or the structure of your accommodation (e.g. plasterwork, brickwork) that may occur. It is at the customer’s risk. Such an action is undertaken solely on your individual responsibility. Please note that any claims for damages arising from the above must be claimed with the buyers own insurance. Sleep On Beds Ltd will not be held liable.
Please note that all the above deliveries are subject to good road/weather conditions. Sleep On Beds Ltd cannot be held responsible for road closures, accidents and adverse weather conditions that delay your delivery.
When a delivery date has been arranged with the customer and our delivery team arrive and the customer is not present to receive delivery, Sleep On Beds Ltd reserves the right to charge the customer a minimum of £45 to cover the cost of the failed delivery.
Please note that if you request a call prior to delivery, this cannot be guaranteed. Our delivery times are outlined above.
Delivery without a signature – Please be aware that Sleep On Beds Ltd and our contracted delivery teams require a signature at time of delivery. However, if you are unable to be present at time of delivery and you request the goods to be left with a neighbour or in a safe place, Sleep On Beds Ltd will do so with the presence of a signed note from the customer stating to that effect. Upon delivery, the driver will take the note as proof of doing so. If goods are left at customers request and upon returning to the property find that the goods are not present Sleep On Beds Ltdwill not be held reliable or responsible. This is undertaken at the risk of the customer.
Please note that many of our products/furniture are flat packed for home/self assembly. It is the responsibility of the customer to assemble the items or arrange for a competent third party to do so at their own expense.
Please be aware that Sleep On Beds Ltd will not be liable to pay any form of compensation for late or failed deliveries. This also includes time taken off work to accept delivery or loss of income for rental properties.
If you are purchasing a replacement bed or mattress Sleep On Beds Ltd strongly recommend that you DO NOT dispose of your old items until delivery of the new goods has been made.
Please note: Colours may vary in shade as there are many shades of blues, blacks, pinks, browns and especially white.
Please ensure when purchasing an item that if you require any information regarding sizes and dimensions, you ask before placing your order. If you wish to return any items that are delivered that do not fit your requirements, there will be a returns fee of £100 payable to cover delivery/collection and administration costs.
If you wish to cancel an order after the delivery has been missed, at the time of delivery by returning the goods with the delivery driver or whilst your item is out for delivery, a £45 cancelation fee will apply.
OUR REFUNDS/RETURNS POLICY
If you are asking for a refund because you have cancelled the Contract between us within the seven-day cooling-off period (see Clause 6 above) either by email or writing, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation and collect the Goods from your premises as soon as practicable. In this case, we will refund the price of the Goods in full, including the cost of delivery to you (if any). However, there is a charge of £85 per item this is to cover the cost of delivery and collection fee, providing the item is in the original packaging.
If the original packaging is not present a charge of 50% would be deducted from the refund (not including delivery charges), you may be required to return the goods at your own cost using your own courier if the original packaging is not present.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Please research your product before buying from our site. No refunds or exchanges will be authorised if products are found cheaper after delivery has been accepted.
Unwanted goods/wrongly ordered:
Goods will be collected at a charge of £85 per item. If you require an exchange there will also be a redelivery charge of £45. Goods must be returned in the original packaging they arrived in, in order to be collected. Please note:
The items will not be collected if they are not safely or sufficiently packed.
Any mattresses received that are vacuum packed (rolled up), if you find that the mattress is not suitable, we would kindly ask for you to contact us and we will send you a mattress bag and to not to use it and re-wrap ready for collection or exchange.
All the firmness ratings advertised on our site for mattresses are given by us and are based on comparison of the different products we sell, if you wish to return an item due to it not meeting your firmness rating expectation a collection fee will be applicable of £85 per item.
Damaged or Faulty goods:
Damages must be reported within 24hrs – 48hrs of receipt of goods. In all cases goods must be repackaged sufficiently in order to collect or exchange. Please check all packages before signing “received in good condition”. If any packages have any damage to them, please sign as “damaged” and refuse the delivery. If goods have been signed for and taken in and upon unpacking find that the goods are damaged the cost of the replacement part and redelivery fee of £45 will be payable by the customer.
If after unpacking an item you find the item is faulty or damaged we would require photographic evidence to prove this before we can proceed with a replacement/collection.
CUSTOMER CARE/AFTER SALES
Please note all after sales queries regarding any issues relating to damage/defects of items received, must be put in writing either by post or email.
If a product is damaged, in order to identify the damaged part correctly, we will request images of the damage and packaging in order to resolve the situation quickly and efficiently.
If it is deemed that the damage is due to misuse, we will not be deemed liable to replace/repair the damaged item.
Under no circumstances will any item be exchanged or returned if the product has been assembled, tampered with, modified, drilled or damaged through mis-use. Once the goods have been signed for you have accepted the goods in good condition and Sleep On Beds Ltd will not be able to replace.
If you wish to return a mattress which has been slept on Sleep On Beds Ltd will not be able to take the mattress back due to health & hygiene.
Misuse of bed frames with centre rails and support legs − Please note that purchases of bed frames that have centre rails and support legs there must be a 5mm gap left between the support legs and the floor. Also, it is recommended that a non slip pad/castor cup is placed under each leg/foot if the bed frame is being placed on a wooden/laminate floor. This is to help prevent the legs from slipping and damaging the centre rail.
If moving a bed frame with support legs, you should lift the frame rather than drag it as the centre support rail and legs will collapse. This will be classed as misuse and no further action will be taken by Sleep On Beds Ltd.
SIZES – Please note the following sizes – 3ft/090cm = Single, 4ft/120cm = Small Double, 4’6/135cm = Double, 5ft/150cm = King size, 6ft/180cm = Super king. Special Sizes – Please note that any orders for special sizes or 6ft goods, we will require a special size order form to be signed and returned before any goods can be dispatched. We require this form to be signed to ensure that the customer has taken all measures to ensure the goods will fit in the property.
If upon delivery the goods you have ordered are unable to fit in your property or upstairs, unfortunately SLEEP ON BEDS LTD CANNOT BE DEEMED LIABLE, and a cancellation/delivery fee of £100 will apply. Please ensure that measurements and precautions are taken prior to placing your order, to ensure that the product can be successfully delivered.
Please be advised that all dimensions stated on our site are approximates and may vary slightly.
Please note: All our ottoman divan bases do not close without a mattress on, they are designed to be used with a mattress on and will only stay closed once a mattress is placed on top.
We warrant to you that Goods purchased from us through our site are of satisfactory quality and reasonably fit for the purpose for which Goods of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Goods and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
This does not include or limit in any way our liability:
For death or personal injury caused by our negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
We will endeavour to transfer to you the benefit of any manufacturer’s warranty or guarantee given to us.
Subject to Clauses 13.3 and 13.4 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.
We shall not be liable for a breach of warranty as set out in Clause 13.2, unless
You give us written/email notice of the defect, or wrong goods delivered within 7 days of the time of delivery.
You may be asked to provide images of the defect/damaged goods.
We shall not be liable for a breach of the warranty in Clause 13.2
If you make any further use of such Goods after giving notice of the defect to us; or
If the defect arises as a result of fair wear and tear, wilful damage, negligence, misuse or your failure to follow our oral or written instructions as to the storage, assembly or use of the Goods; or
You alter or repair the Goods without our prior written consent.
If any of the Goods do not conform to the warranty, then within 30 days of collecting the defective Goods, we will at our option:
Repair or replace such Goods (or the defective part) free of charge; or
Refund the price of such Goods in accordance with clause 10.
SUSPENSION OF FUTURE DELIVERIES
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:
Have a bankruptcy order made against you or make an arrangement or composition with your creditors;
Convene a meeting of creditors or enter into liquidation (whether voluntary or compulsory), except a solvent voluntary liquidation for the purposes only of reconstruction or amalgamation;
Have a receiver and / or administrator or administrative receiver appointed;
Pass a resolution of is served with a petition for the winding up of or for the granting of an administration order in respect of you;
Have proceedings issued against you in relation to your insolvency or potential insolvency;
Suffer or allow any execution to be levied on your property or obtained against you;
Fail to observe or perform any of your obligations under the Contract or any other contract between us and yourself;
Are unable to pay any debts within the meaning of section 123 of the Insolvency Act 1986;
Cease to trade; or Encumber or in any way charge any of the Goods.
If we assume that any transactions have been placed fraudulently.
Applicable laws require that some of the information or communications we send to you should be in writing/email/text message. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail/text message or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Sleep On Beds Ltd either by email or post. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or seven days after the date of posting of any letter. 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.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
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 events outside our reasonable control
(Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
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.
Impossibility of the use of roads, railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).
LAW AND JURISDICTION
Contracts for the purchase of Goods through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
CASH ON DELIVERY
The payment option of Cash on Delivery is available only for selected items that gives the option to select “cash on delivery” at checkout.
Cash on Delivery can be used as payment method only for orders less than £3,000.00.
The order must be over the value of £50 in order to take advantage of the cash on delivery payment method.
Paying by cash on delivery does not effect your statutory rights.
Our courier partner will only accept Pound Stirling and will not accept any other currencies or cheques or credit / debit cards.
The driver can only hand over the goods once the payment had been made in full.
The packaging of the product cannot be opened until the full balance has been paid.