Organic Bedding Terms & Conditions
Terms & Conditions of Sale
As our bedding range is different in nature to our other products, the following points apply to the bedding range only.
Warranties and liability
All goods supplied by the Seller come with a manufacturer's warranty of 12 months. In the event of a claim, the Buyer shall in the first instance contact the Seller's customer service department. Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
Insofar as is permitted by law, the Seller’s only liability to the Buyer under these terms and conditions will be, at its sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by the Buyer in a damaged or defective state or to refund the Buyer any sums actually paid for the goods in question. The Seller will not be liable to the Buyer for any indirect or consequential loss or damage arising out of any problem notified to the Seller and will have no liability for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond the Seller’s reasonable control. Nothing in this clause affects the Buyer’s statutory rights as a consumer.
Delivery, Returns and Cancellations
Delivery of the Product shall be made by the Seller or his agent for delivery to such place as the Buyer may specify at the time the order is placed. The Seller shall use his reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence.
The Seller shall not be liable for any delay in delivery howsoever caused. Generally, where an order contains more than one item all items will be delivered at the same time once all items are available. Where a delivery date has been agreed with the Seller’s carrier but the Buyer is not present to receive the delivery the Seller reserves the right to charge the Buyer a minimum of £25 to cover part of the cost of the failed delivery.
If the Buyer is dissatisfied with his purchase for any reason he may, within 3 days of delivery, contact the Seller's customer service department to arrange for collection of the goods at the Buyer’s expense. This option does not apply to Product customised to the Buyer’s specific needs and requirements. Any money, which the Buyer has paid, will be refunded within 30 days provided that the Seller receives the goods in their original packaging and same condition as at the time of delivery to the Buyer. Items, which are not adequately packaged at time of collection, will not be collected and a charge of £25 will be levied to cover the cost of the failed collection..
Mattresses can only be returned if they are unopened. Mattresses which have been opened and slept on cannot be returned. If the Buyer wishes to test a mattress it must be kept wrapped until the Buyer has made a decision on its suitability.
Acceptance of the products
The Buyer shall be deemed to have accepted the Products 3 working days after delivery to the Buyer. After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.
Title and risk
Risk of damage to or loss of the Products shall pass to the Buyer upon delivery. Not-with-standing any other provision herein title in the Products shall not pass to the Buyer until the Seller has been paid in full.
The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all monies owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.
Insolvency of Buyer
This clause applies if:
The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or a receiver is appointed to any of the property or assets of the Buyer, or The Buyer, not being a consumer, ceases, or threatens to cease, to carry on business, or The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
If this Clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Seller, and if the Products have been delivered but not paid for the Price shall become immediately due and payable despite any previous arrangement or agreement to the contrary.
General
Neither party shall 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 strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller's premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
Any notice required or permitted to be given by either party to the other under these conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer's address as provided to the Seller.
Representations
No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.
Additional costs
The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
Proper law of contract
This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising determined exclusively by the Courts of England and Wales.
Dated: 21st April 2005.
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