UK wide delivery - Mattresses automatically included with all children's beds

Terms of service

TERMS AND CONDITIONS OF SALE

 

  1. Definitions

In this document the following words shall have the following meanings:

1.1 “Buyer” means the person who buys Goods from the Seller;

1.2 “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;

1.3 “Delivery/Fitting date” means the date specified by the Seller when the Goods are to be delivered or fitted;

1.4 “Goods” means the articles to be supplied to the Buyer by the Seller;

1.5 “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;

1.6 “Price” means the price set out in the list of prices of the Goods maintained by the Seller as amended from time to time or such other price as the parties may agree in writing plus such carriage, packing, insurance or other charges, interest or fees on such as may be quoted by the Seller or as may apply in accordance with these conditions;

1.7 “Seller” means Pay Weekly Beds, PayItWeeklyBeds or associated trading names.

1.8 "Total amount due" is stated individually on each product.  The amount stated each week is multiplied by the total number of weeks payable.  This is then added to the deposit and delivery charge to give a total amount payable.  The Buyer agrees to pay the total amount in full.

1.9 "Continuous card payments" mean that the Buyer agrees to allow us to take card payments automatically from any card associated with their account (see Clause 3.6).

1.10 "Contract" means the agreement between the Buyer and Seller whom are abiding by these Terms and Conditions.  When the Buyer purchases from the Seller, they are agreeing to the Terms and Conditions of sale written below and these form their binding Contract.  The Contract is formed between the Buyer and Seller and the Buyer's intent is specified by the order being placed and initial payment being made.

  1. General

2.1 These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may seek to apply under any purchase order, order confirmation conditional sale agreement or similar document.

2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.

2.3 Acceptance of delivery/fitting of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.

2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties including without limitation as to discounts) shall be inapplicable unless agreed in writing by the Seller.

2.5 Any advice, recommendation or representation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods or otherwise which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and, accordingly, the Seller shall not be liable for any such advice, recommendation or representation which is not so confirmed.

2.6 Nothing in these Conditions shall affect the statutory rights of any Buyer dealing as a consumer.

  1. Price and Payment

3.1 The buyer agrees to pay the FULL balance of the goods purchased including the deposit, delivery costs and the total amount of all the weekly payments due.  The total weekly amount due multiplied by the total number of weeks specified added to the deposit and the delivery charge is the total amount that is due by the buyer.

3.1.1 The total amount due is stated individually on each product.  The amount stated each week is multiplied by the total number of weeks payable.  This is then added to the deposit and delivery charge to give a total amount payable.  The Buyer agrees to pay the total amount in full (eg £15 per week for 52 weeks would be £780 plus £29.99 deposit plus £40 delivery. Total Due is therefore £849.99. (deposit and delivery may be different and £15 per week is just an example)).

3.2 The Seller reserves the right to grant, refuse, restrict, cancel or alter credit terms at its sole discretion at any time.

3.3 If payment of the Price or any part thereof is not made by the due date, the Seller shall be entitled to:

3.4.1 require payment in advance of delivery/fitting in relation to any Goods not previously delivered;

3.4.2 refuse to make delivery/fitting of any undelivered/fitted Goods whether ordered under the contract or not and without incurring any liability whatsoever to the Buyer for non-delivery/fitting or any delay in delivery/fitting;

3.4.3 appropriate any payment made by the Buyer to such of the Goods (or Goods supplied under any other contract) as the Seller may think fit;

3.4.4 terminate the contract.

3.5 The buyer agrees to pay the debt in full in the time period stipulated within the agreement and agrees that they are liable for all of the payments due even are receipt of the goods.

3.6 As per clause 9.2, the Buyer allows the Seller to set up a continuous card payment and agrees that payments can be automatically taken from any card associated with their account.  Failed payments can be re-applied for at any time. 

  1. Description

4.1 Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

  1. Sample

5.1 Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality and suitability of the product, and not so far as to constitute a sale by sample.

  1. Delivery

6.1 Unless otherwise agreed in writing, delivery/fitting of the Goods shall take place at the address specified by the Buyer on the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery/fitting of the Goods whenever they are tendered for delivery/fitting.

6.2 The date of delivery/fitting specified by the Seller is an estimate only. Time for delivery/fitting shall not be of the essence of the contract and while every reasonable effort will be made to comply with such dates, compliance is not guaranteed and the Buyer shall have no right to damages or to cancel the order for failure for any cause to meet any delivery/fitting date stated.

6.3 If the Seller is unable to deliver/fit the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such time as delivery may be affected.

6.4 If the Buyer fails to accept delivery/fitting of Goods on the delivery date or fail to notify us that they are unable to accept delivery/fitting of Goods on the delivery date within 24 hours of the delivery/fitting date, the Seller reserves the right to apply a fee to the Buyer and charge them for failed delivery accordingly. (See Fees Table)

6.5 We require a minimum of 8 consecutive weekly payments (some items require more than 8 weeks and this will be detailed on the product page of the item) before the order is passed to the delivery team.

  1. Acceptance

7.1 The Buyer is required to check Goods upon delivery/fitting and shall be deemed to have accepted the Goods 14 days after delivery/fitting to the Buyer. Accordingly, no claim for defects, damage or quality will be entertained (without prejudice to the Seller’s other rights pursuant to these Conditions) unless written notice together with all supporting evidence is received by the Seller within 14 days of delivery. After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

  1. Risk and Title

8.1 Risk of damage or loss of the Goods shall pass to the Buyer at the time when the Goods are delivered/fitted at the Buyers premises.

  1. Payment for the goods

9.1 The buyer accepts and agrees that they owe the full amount for the goods once they are delivered.  The full balance as calculated in clause 3.1 is made clear at the outset of the contract.

9.2 The buyer agrees to allow the Seller to take continuous card payments for the balances due on the account.  The buyer agrees that payments can be taken from any card associated with the account.  Payments will be taken at specified times and if they fail, can be re-applied for at anytime.  The buyer allows the Seller to set up continuous card payments and allows the payments to be taken automatically as they fall due. If a payment fails on the specified day, the buyer agrees that the payments can be reattempted at anytime afterwards.  The Seller would reattempt a reasonable amount of times over a reasonable period.  This would be deemed reasonable over a period of approximately three weeks for any failed payment to continue to be reattempted.  

9.3 Failure to pay in full at the times specified within the contract allows the seller to undertake debt recovery processes including taking County Court Action.  Any associated debt recovery and/or County Court fees may be added to the total balance due.

  1. Warranty

10.1 Where the Goods are found to be defective, the Seller shall replace defective Goods free of charge within the manufacturer’s warranty period if acceptable from the date of delivery, subject to the following conditions:

10.1.1. the Buyer notifying the Seller in writing immediately upon the defect becoming apparent;

10.1.2. the defect being due to faulty design, materials or workmanship;

10.2 Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer’s expense, if so requested by the Seller.

10.3 Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer and the Buyer shall have no other remedy against the Seller.

10.4 The Seller shall be entitled in its absolute discretion to refund the Price of the defective Goods in the event that the Price has already been paid minus any non refundable deposits as agreed in contract of sale.

10.5 Unless in contradiction to Consumer Contract Regulations, any warranties and guarantees are only granted to the original buyer as stated within the contract. 

10.6 The remedies contained in this Clause are without prejudice and subject to the other Conditions herein, including, but without limitation, to conditions 11 and 12 below.

  1. Liability

11.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:-

11.1.1. the correspondence of the Goods with any description or

sample;

11.1.2. the quality of the Goods; or

11.1.3. the fitness of the Goods for any purpose whatsoever.

11.2 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:

11.2.1. the correspondence of the Goods with any description;

11.2.2. the quality of the Goods; or

11.2.3. the fitness of the Goods for any purpose whatsoever.

11.3 Except where the Buyer deals as a consumer all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are hereby excluded from the contract to the fullest extent permitted by law.

11.4 For the avoidance of doubt the Seller will not accept any claim for consequential or financial loss of any kind however caused.

  1. Limitation of Liability

12.1 Where any court or arbitrator determines that any part of Clause 11 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the Price.

12.2 Nothing contained in these Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.

  1. Force Majeure

13.1The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may without liability on its part, terminate the contract or any part of it.

  1. Right to cancel

14.1 In accordance with the Consumer Contracts Regulations 2013, the consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions—

(a)regulation 34(3) (where enhanced delivery chosen by consumer);

(b)regulation 34(9) (where value of goods diminished by consumer handling);

(c)regulation 35(5) (where goods returned by consumer);

(d)regulation 36(4) (where consumer requests early supply of service).

(2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.

(3) Paragraph (1) does not affect the consumer’s right to withdraw an offer made by the consumer to enter into a distance or off-premises contract, at any time before the contract is entered into, without giving any reason and without incurring any liability.

14.2 Cancelation must be notified to the seller within 14 days of receiving the goods & the goods must be in there original packaging, unopened and in their original state.

14.3 Some items may not be able to be returned for hygiene reasons i.e mattresses that have been opened are deemed as being used.

14.4 any bespoke or made to customer specification items i.e blinds are outside the scope of these terms and cannot be cancelled.

  1. Relationship of Parties

15.1 Nothing contained in these Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Conditions shall be deemed to construe either of the parties as the agent of the other.

  1. Waiver

16.1 The failure by either party to enforce at any time or for any period any one or more of the Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Conditions of this Agreement.

  1. Severability

17.1 If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

  1. No set off

18.1 The Buyer may not withhold payment of any invoice or other amount due to the Seller by reason of any right of set-off or counterclaim which the Buyer may have or allege to have for any reason whatsoever.

18.2 These Conditions and any documents incorporating them or incorporated by them constitute the entire agreement and understanding between the parties.

  1. Entire Agreement

19.1 These Conditions and any documents incorporating them or incorporated by them constitute the entire agreement and understanding between the parties.

  1. Governing Law and Jurisdiction

20.1 This Agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusion jurisdiction of the English courts.