Terms of Purchase of Goods or Services from Vic Smith Bedding Ltd.
All orders for products are to now be known as goods (“Goods”) and on-line or offline pay-services (“Services”) (together “Products”) from a buyer (“you”) accepted by Vic Smith Bedding Ltd.(“we/us”) on or through the Vic Smith Bedding Ltd web site (“Site”) or by other methods are subject exclusively and strictly to the following terms and conditions (“Purchase Terms”) (which, in the event of a conflict/ dispute, take priority over the terms and conditions of use of the Site).
Pricing and Delivery of Goods
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The pricing & delivery of the Goods shall be the price quoted on the Site (which we reserve the right to change). Payment details must be provided at the time of order placement (including full contact numbers & postcode).
You confirm that you have given us the correct billing address of your credit/debit card and, in respect of Goods and if different to the billing address, that you have also notified us of the correct delivery address.
Normal practice is for us to contact you via telephone within 48 hours to confirm the stock status of the goods and to arrange a convenient delivery time.
Normal practice is that the Goods will be delivered by our own vans, and you will be contacted to arrange a convenient time for delivery. If our driver calls within the time agreed and is unable to deliver the Goods then a re-delivery charge will apply.
To ensure that you have received your Goods, the delivery driver will request a signature for proof of delivery.
Deliveries of Goods within the UK will normally be made within 2 to 3 weeks. We will notify you either if there will be a delay or if the item is no longer available. If the item is no longer available, we will contact you to offer an alternative product.
All prices displayed on goods include VAT (where applicable).
Description of goods
The description of the goods will be as listed in the confirmation e-mail and it is the Buyers (“you”)responsibility to check that the Goods specified are as the Buyer(“you”) intended to order.
All sizes given are approximate and the Buyer (“you”)should ensure that the goods will fit into the delivery address. The normal bed and mattress sizes (i.e. 3’ 0″ =90cm single, 4’6″ = 135cm double and 5’0″ = 150cm king) refer to the sleeping surface area only and the Buyer (“you”)should check the overall dimensions given for each product.
There is often in photos & illustrations decorative items used to display & promote a product which is not part of the product in any way, shape or form – i.e. bedside tables, lamps, bedcovers, pillows & headboards.
Payment can be made by Mastercard, Visa, Debit Cards, Connect and Switch. Currently, we do not accept American Express or Electron cards. Payment will be debited from your account before the despatch of your purchase.
You confirm that the credit/debit card that is being used is yours.
We also accept payment by cheque, however the goods cannot be dispatched until the cheque has been cleared. Please send the cheque with your address and cheque card number on the back to Vic Smith Bedding Ltd, 4-5 Dennis Parade, Winchmore Hill Rd, Southgate, London, N14 6AA
You may also order by telephone, by calling 020 8882 8292 Monday to Saturday, 9am to 5pm. Please have to hand the details of the goods you wish to purchase and the method of payment.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
Risk & Property
The provisions in this Clause relate only to Goods.
Once the Goods have been received by you, all risk of damage to, or loss of, the Goods shall pass to you.
Irrespective of delivery and the passing of risk in the Goods, or any other provision of these conditions, the ownership of the Goods shall not pass to you until we have received in cash or cleared funds payment in full for the price of the Goods and all other Goods agreed to be sold by us to you for which payment is then due. Until such time as the ownership of the Goods passes to you, we shall be entitled to ask you to return the Goods to us.
Warranties & Replacements
The following relate only to Goods:
- Subject as set out below, the Goods are sold with the benefit of and subject to the terms applicable to such warranty as is given by the manufacturer of the Goods.
- There shall be no liability under any such warranty or guarantee if the total price for the Goods has not been paid by the due date for payment.
- Where you are dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations) your statutory rights are not affected by these Purchase Terms ie. if the Goods are faulty or not what you ordered, in this case please provide a full description of the fault and send it to Vic Smith Bedding Ltd, 4-5 Dennis Parade, Winchmore Hill Rd, Southgate, London, N14 6AA
Any goods that are not in stock at Vic Smith Bedding Ltd and are ordered and/or manufactured specifically for the Buyer(“you”) cannot be cancelled once the order has been accepted by Vic Smith Bedding Ltd.
Under the Distance Selling Regulations Beds, mattresses, pillows, mattress protectors, duvets etc, are exempt from the statutory 7 day cooling off period once the packaging has been removed due to the intimate nature of the product. For reasons of health and hygiene any beds, mattresses, pillows, mattress protectors or duvets that have been opened will be assumed to have been used and therefore cannot be returned for any reason other than a manufacturing fault.
Manufacturing faults will need to be sent away for inspection.
The Buyer must retain the Goods and take good care of them until they are collected by Vic Smith Bedding Ltd The Goods must be unused, made available for collection and be in the original packaging and in the original condition at a time requested by Vic Smith Bedding Ltd (this request not to exceed 21 days from the cancellation date).
There is a collection charge of £45, for Vic Smith Bedding Ltd to collect the goods and the collection charge will be deducted from the refund value and the original delivery charge is non refundable.
Should the Goods not be adequately packaged at the time of collection then they will not be collected
If goods be found to be damaged (not in their original condition) and not through a manufacturing fault, and the Damage is not the result of our actions or negligence, Vic Smith Bedding Ltd will deduct a reasonable amount from the refund to cover such damage. (such amount not to exceed the price of the Goods and delivery).
Should the buyer unreasonably fail or refuse to make the Goods available to us when requested within 21 days then the Goods must be kept and good care taken of them until they are collected or returned.
A refund will not be given until the Goods have been collected/returned and inspection made as to their condition.
Limitations of Liability
Our (Vic Smith Bedding Ltd) total liability in respect to the execution of this contract shall be limited to the value of the Goods.
Vic Smith Bedding Ltd shall not be deemed liable for any direct, indirect or subsequent losses, costs or expenses that may be incurred or any consequential compensation arising out of the performance/or non execution of this contract.
Nothing in our (Vic Smith Bedding Ltd) terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation/ falsification or any other liability which may not otherwise be limited or excluded under English law.
All contracts shall be governed by English Law.
Any order placed by the Buyer and accepted by Vic Smith Bedding Ltd is subject to the above terms and conditions unless specified in writing by Vic Smith Bedding Ltd.