1.1 The Company intends to rely upon the written terms set out here. If you require any changes, please make sure that you ask for these to be put in writing. In that way, we can avoid any problems surrounding what the Company and you the Customer is expected to do.
1.2 Acceptance of the goods referred to in the Order by the Customer shall be deemed to constitute acceptance of these conditions.
2.1 In Force Majeure (extreme circumstances outside of our control) the Company may, at its absolute discretion, terminate any contract for the supply of goods pursuant to the order form, or cancel the manufacture and/or delivery of the goods. In such circumstances, the Company will consult with the Customer to try to find suitable alternatives that may be possible.
3.1 The price payable for goods to be supplied shall be as set out onscreen and will be inclusive of Value Added Tax (VAT) at the prevailing rate.
3.2 Any changes in the rate of VAT between the order date and the delivery date may require an adjustment to the price payable.
4.1 Full payment for merchandise is required on checkout for any orders totalling under £1000 inclusive of VAT.
4.1(a) A deposit of 50% of the total price is payable on check out if the order totals £1000 or higher, with the full balance due within 14 days of the Customer being notified that the Goods are available for delivery (the deemed delivery date), whether or not actual delivery occurs, and notwithstanding any agreement by the company to postpone actual delivery and store the goods subject to the provisions of clause 8 below.
5. Delivery Dates
5.1 Whilst all reasonable endeavours will be made to adhere to delivery dates quoted at the time of an order being placed, such dates must be viewed as approximate estimates only, given in good faith and based upon the information available to us at the time.
5.2 The Company will not accept any liability for any loss or inconvenience suffered by delivery delay, excepting where delays may be reasonably foreseeable by the Company.
6. Cost and Place of Delivery
6.1 Goods are delivered by the Company at a pre-notified delivery charge to the delivery address stated on the order. Any subsequent change of address may incur an additional delivery charge. Goods will be assembled where appropriate.
6.2 Responsibility for goods, once ordered, will rest with the Customer who must ensure that the goods will fit through relevant door and passageways.
6.3 On delivery, the Customer must ensure that all obstructions are removed, and that valuables are safeguarded against accidental damage.
6.4 The Company will not be held responsible for removing furniture or other items from any room into which the goods are delivered.
6.5 We regret that Health and Safety issues prevent the Company from disposing of Customers' unwanted goods.
6.6 A summary of standard delivery charges and their descriptions are below:
Delivery by courier
Delivery time (if in stock): approx. 2 working days
Applicable to small items such as linen, duvets and pillows.
Delivery by And So To Bed – large items
Delivery time (if in stock): approx. 7 working days
Applicable to furniture items and accessories that do not require assembly
Delivery & Assembly by And So To Bed
Delivery time (if in stock): approx. 7 working days
Applicable to furniture that requires assembly by the Company.
6.7 The delivery charges stated above and throughout the site apply to UK Mainland deliveries only - excluding the Scottish Highlands. If you require delivery beyond this area please contact us before placing your order to discuss your requirements.
7.1 The Company will store and insure Goods free of charge for a maximum period of one month from the date that notification is given that they are ready for delivery, provided all balances due are paid in full upon such notification.
7.2 Thereafter, storage and insurance will be charged at a weekly rate of 3% of the total value of the Goods including VAT until delivery occurs.
7.3 In the event of cancellation by the Customer, sums already paid will be returned less any amounts which are due for storage or other appropriate charges (see also Cancellation).
7.4 The Company reserves the right to cancel the order and to dispose of the Goods at any time before payment is received in full for Goods and Services.
In any such cases, the Company will advise the Customer of its intended action by recorded delivery letter to the address quoted on the Order, allowing a period of 21 days before disposal takes place.
8.1 Design Services: Copyright in any interior designs, drawings or specifications produced in writing will remain vested in the Company until the Customer shall have paid for the Goods and Services in full.
8.2 Products: Copyright in any designs, drawings or specifications produced in writing will remain vested in the Company subject to the Customer being permitted to make use thereof for the sole purpose of using or repairing the Goods supplied.
9.1 Cancellations sent to the Company in writing by letter or email and received by the Company within 14 days of the order date will be accepted.
10.1 Returns of linen, pillows, duvets or accessories must be notified to the Company in writing via letter or email within 14 days of receipt of the goods. Items that cannot be returned in their original packaging cannot be accepted. Items in their original packaging must be unused for the return to be accepted.
10.2 Returns of Beds, Furniture and Mattresses must be notified to the Company within 14 days of receipt of the goods. The Company will not accept returns for upholstered items, or items that were order specifically for the customer (where the item(s) ordered were either bespoke or simply not a stocked line), unless the item(s) is faulty.
10.3 Mattresses cannot be returned once taken out of their original packaging for hygiene reasons.
10.4 With all returns, once the collection has been arranged and we have received and verified the reason for the return, and the packaging if applicable, we will refund the value of the goods. Please allow 14 days for us to do this.
11. Risk and Title
11.1 Risk of loss or damage and title to the Goods shall pass to the Customer on receipt by the Company of cleared funds for the full order value (the deemed delivery date).
11.2 Ownership of the Goods is retained by the Company who will be entitled to dispose of them at any time before receipt of payment in full for Goods and services supplied having notified the Customer of such intended action in writing by recorded delivery letter to the address on the Order, and after the correct notice period has passed.
12. Claims and Liability
12.1 The Company can only be held responsible for reasonable and foreseeable losses resulting from a breach in Contract.
12.2 Any shortage or defects apparent on delivery must be noted on the carrier's advice note.
12.3 Any error in quantity or any defect which is or might reasonably be expected to be apparent on inspection must be notified to the Company by the customer ideally within 48 hours of delivery, but certainly within 7 days.
12.4 Any damage to Customers' property caused by Company carrier's negligence must be noted on the carrier's advice note, and subsequent claims must be put to the Company in writing, ideally within 48 hours.
12.5 No unauthorised repairs should be made to the Goods.
12.6 Dimensions and specifications of the Goods may vary slightly within normal acceptable commercial tolerances.
12.7 The Company cannot guarantee precise matching of graining or shading between different items within its product ranges because of variations between batches and production.
12.8 The Company reserves the right to alter specifications without notice from time to time, and reserves the right to discontinue any products or ranges without notice.
12.9 The Company accepts no responsibility for any loss or damage whatsoever arising directly or indirectly from misuse or faulty fitting of the Goods not fitted by the Company, or damage to the Customer's property arising out of the delivery of Goods not delivered by the Company or its representatives, including any consequential loss of profit or incidental expense attributable thereto.
13. Guarantee and Indemnity
13.1 Unless resulting from negligence by the Company, its employees or sub-contractors, the Customer shall have the responsibility to cover the Company (indemnify) against all actions, claims, cost damages or losses incurred which arise from the Company acting on the Customer's instructions or from the Customer's own actions.
13.2 Whilst accepting that the Customer may, under certain circumstances, be entitled to a refund of monies paid, the Company reserves the right to repair or replace Goods sold which prove within a reasonable period of time to be defective because of bad materials or workmanship in manufacture.
13.3 The Company cannot guarantee furnishing fabrics and linens other than for reasonable wear and tear or against shade variations of items purchased at different times.
None of the rights or obligations of the Customer under these conditions may be assigned or transferred in whole or in part without the prior written consent of the Company.
15.1 The Company may decide to withhold delivery of all or some of the Goods or other property owned by the customer in the Company's possession until the Customer has paid all the charges owed to the Company in respect of Goods or Services, even if the unpaid charges do not relate to the Goods concerned.
15.2 The Company shall be entitled to off-set any sums owing to it from the Customer against any sums owing to the Customer by the Company.
If any of these conditions shall be held to be illegal, invalid or unenforceable in any respect whether in whole or in part, such condition(s) shall not prejudice the effectiveness of any or all of the rest of these conditions or remainder of any part.
Breach of, or failure to implement any individual condition as a waiver on the part of the Company shall not prejudice any other condition within this contract.
18. Law and Jurisdiction
18.1 These Conditions and any contract to which these Conditions apply shall be governed and constructed in accordance with English law, and the parties hereto submit to the non-exclusive jurisdiction of the English Courts.
18.2 The Contract (Rights of Third Parties) Act 1999 shall not apply to the transaction or the subject of these Conditions, and no person other than the Company or the Customer (and their respective successors) shall have any rights hereunder.
Any Notice under or in connection with a contract subject to these Conditions shall be in writing and may be delivered personally or sent by first class pre-paid recorded delivery (and airmail if overseas) or by facsimile to the party concerned at its last known address. Proof of posting may be required in determining a reasonable time for receipt.
The Company will try to resolve any disagreements quickly and effectively. In the first instance, the Customer is requested to contact the Manager of the branch at which the order was placed. If no satisfactory solution is reached, full details of any complaint should be given in writing to the Customer Service Manager, Pymore Mills, Bridport, Dorset, DT6 5PJ