Terms and Conditions1. Interpretation
In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:
"the Buyer" means the person, firm or company who purchases the Goods from the Company:"the Company" means GBD Discount Furniture Centre Ltd. T/A mattressgiant
"Contract" means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms;
"Goods" means any goods agreed in the Contract to be supplied by the Company to the Buyer;
"Place of Delivery" means the place to which the Goods are to be delivered.
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
These terms and conditions do not affect your statutory rights.2. The Contract
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.
No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.3. Delivery
Unless otherwise agreed in writing, the Place of Delivery shall be deemed to be the address given on the Buyers order.
Any dates specified by the Company for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time.
Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days.
Please note: mattresses delivered via our next day delivery service are to your door only, and not to the room of choice4. Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery
Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account.
Until ownership of the Goods has passed to the Buyer, the Buyer shall:
hold the Goods on a fiduciary basis as the Company's bailee; store the Goods separately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Company's property; not destroy or deface any identifying mark on the Goods or their packaging; maintain the Goods in satisfactory condition insured with the Company's interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money.
5. Price and Payment
The total price payable for the goods will be debited from the buyers account at the time the order is placed. The company reserves the right to make adjustments to the price to take account of any increase in the Company's suppliers' prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been confirmed. The Company will inform the buyer of the correct price and give the buyer the opportunity to cancel the order. All prices are inclusive of VAT but exclusive of delivery charges which will be payable as indicated at the time the buyer places an order.
Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.6. Warranties.
All goods supplied by the Company come with a manufacturer's warranty of 12 months from the date of supply. The Company will replace any part or the entire product that is defective completely free of charge.
If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Company within 30 days of the discovery of the defect and give the Company a reasonable opportunity to inspect the Goods in question.
The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company.
The Company's liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the price of such goods.
This warranty does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by the buyer or any third party, use otherwise than as recommended by the manufacturer, failure to follow the manufacturer's instructions, or any alteration or repair carried out without the manufacturer's approval.7. Limitation of Liability
The Company's liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising out of the subject matter of the Contract shall be limited to the price paid for the goods and the Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.8. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party's obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.9. Accuracy of Product Information
All product specifications, images and other information published on the Company website have either been made accessible by suppliers, manufacturers, publications, publicists, or gathered from public domain sources. The intention of the Company is that all information the Company website should be as accurate and up to date as possible. Whilst the company will make every reasonable endeavour to verify the accuracy of the information published, the Company cannot guarantee the reliability and accuracy of the information contained therein.10. Your Right of Cancellation
The Buyer has right to cancel the contract at any time up to the end of 5 working days after the Buyer has received the goods (see below).
To exercise the right of cancellation, the Buyer must give written notice to the Company by letter, email or fax giving details of the goods ordered, delivery date and delivery address. Notification by telephone is not sufficient.
If the Buyer exercises their right of cancellation after the Goods have been delivered, the Buyer must take reasonable care to ensure the Goods are returned not damaged and in a pristine saleable condition and in their original packaging.
The Goods are to be returned to "The Bed Shop" GBD Discount Furniture Centre Limited, 87 Railway Road, Leigh, Lancashire. WN7 4AD. All costs associated with the return of the Goods will be paid by the Buyer.
Once the Buyer has notified the Company that they are canceling the contract and the returned Goods have been received and checked by the Company, the Company will refund or re-credit the Buyer within 30 days after receiving the Goods for any sum that that has been paid by the Buyer for the Goods, less a £25 per order re-stocking fee.
If the Buyer does not return the goods as required, or if the Goods are incomplete, damaged or in any condition other than re-saleable the Company will charge the Buyer a sum not exceeding the total cost of the Goods.
The Buyer does not have the right to cancel the contract if the goods have been used.11. General
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.
These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.