Terms and Conditions - Divan Bed Warehouse
1.1. The customer's attention is drawn to these terms and conditions of business. All orders placed with the company via the website only and contractual agreements via the website only with the company are subject to these terms and conditions at all times.
1.2 Nothing in these terms and conditions shall affect the statutory rights of a consumer.
“the company” shall mean Zenith & Zass Beds Limited whose registered office is at Brookvale Trading Estate, Moor Lane, Birmingham, B6 7AQ, a limited company registered in England and Wales company registration number 11172935.
“the customer” shall mean any person or persons, firm, business, partnership, company or other organisation by whom or on whose behalf an order is placed for the company to supply the goods
“the goods” shall mean any goods, item, or items supplied by the company to the customer following a contract having been entered into between the company and the customer. This shall include, where appropriate, all replacements thereof and additions thereto
“the premises” shall mean the delivery location address as nominated by the customer and advised to the company at the time an order is placed by the customer with the company. The company will only deliver to and enter into a contract with a customer where the premises are in England, Scotland, or Wales
“the price” shall mean the price for the goods as detailed on the website
“force majeure” shall mean an event which occurs outside the company’s control
“company’s literature” shall mean any document (whether in print or electronically produced) as prepared from time to time by the company, and including, but not limited to, catalogues, pricelists, and brochures
“website” shall mean the website of the company being the website address www.divanbedwarehouse.co.uk
3.1 The price detailed on the website or in the company’s literature provided by and/or supplied by the company shall be valid until such time as the price shall be amended or varied either by a change to the website or by publication of new or amended company’s literature.
3.2 Notwithstanding and without prejudice to clause 3.1 above, the company reserves the right to amend any price for any goods at any time, including at the time of order at the company’s sole discretion and without being responsible for any form of loss.
3.3 All prices detailed on the website or in the company’s literature are exclusive of delivery unless otherwise stated. The company may periodically offer free or reduced delivery offer promotions.
3.4 The company reserves the right to withdraw any of the goods for sale at any point (whether before or after contract) at the company’s sole discretion and without being responsible for any form of loss.
3.5 Where any variation to a contract is subsequently agreed by the company, the company reserves the right to amend the price and/or the contract accordingly.
3.6 Any typographical or clerical error or omission on the website or in any quotation, order, acceptance, invoice, or the company’s literature issued by the company shall be subject to correction without any liability on the part of the company at whatever time and whenever such a correction shall be necessary.
3.7 Whilst the company shall endeavour to ensure that the details on the website or in the company’s literature are accurate, at all times, all drawings, specifications, photographs, colours, weights, sizes / dimensions and information detailed in the company’s literature or the website or elsewhere relating to the goods are approximate only and do not form part of the contract. Colours and shades may vary due to the limitations of the photography and lighting conditions. The company shall not be held responsible for any variation of the same nor have any liability in respect thereof. Where divan bed are shown with headboards these are for illustration purposes only. Headboards maybe available at extra cost.
3.8 In the event that a bedframe is purchased, the seller is not responsible for replacing damaged parts if the bedframe has been improperly constructed or improperly used. Any bedframe that is being used on laminate or wooden flooring must have anti slip pads under the centre legs / feet and they must be straight or the bed will collapse. Also the bed once assembled is not to be dragged with the mattress on it, as this will cause excess pressure on the central support causing the bed to collapse.
3.9 Mattresses and bases are hand crafted and may vary in size due to the handmade nature of the product. Some suppliers produce to metric measurements and others to imperial sizes. Our mattresses and bases are supplied to a tolerance of +/- 2.5% on the stated metric sizes. Please note Super King size divan bases are supplied in two halves which maybe split north to south rather than east to west which may be shown on the picture. In the event of fabric shortages we reserve the right to change mattress covers from images displayed on our website.
4.1 These terms and conditions shall apply to every contract made via the website. The company shall not be bound by any terms and conditions which may be inconsistent with these terms and conditions.
4.2 A contract shall exist when an order has been placed by or on behalf of the customer via the website to the company and payment of the price has been made in full. The company will not enter into any contract nor be bound by any purported contract where delivery of the goods is to premises outside England, Scotland, or Wales (unless the company specifically agrees in writing to the same).
4.3 In the event that after the placing of an order, the customer shall request a modification, amendment, or variation of the contract, then any such request shall be deemed to be an amendment to the contract and shall not constitute a new contract.
4.4 Should an order need to be cancelled by the customer it will incur a charge of £30 plus 5% of the order value. This amount will be deducted from any refund due. Should the delivery already be planned and a notification sent to the customer there will be am additional charge of upto £40. Should the customer want to cancel as a consequence of a national pandemic, act of god, courier delay for any reason, access issues due to national motorway closures, the Cancellations charge is still applicable. Cancellations need to be requested via email or post.
4.5 The customer may not cancel a contract unless the company agrees this in writing and then only upon the terms that the customer shall indemnify the company in full against all costs, claims, actions, damages, charges and expenses incurred by the company as a direct or indirect result of the cancellation. Special order items will be subject to a restocking fee of upto 50%. Special order items are non stock items that have been specifically purchased for the customer and may have been made to customer requirements. Due to the intimate nature of Beds and mattresses, these are exempt from the statutory 14 day cooling off period under the Distance Selling Regulations when they have been unsealed. Therefore, for reasons of health and hygiene any beds or mattresses that have been unsealed will be deemed to be used and cannot be returned for any reason other than a manufacturing fault. The buyer must retain the goods and take good care of them until they are collected. The Goods must be unused, made available for collection and be in the original packaging and in the original condition.
5.1 In consideration of the payment of the price by the customer to the company, the company shall deliver the goods to the customer on a date to be notified, and, wherever possible, agreed with the customer.
5.2 The company shall endeavour to make delivery of the goods within 28 days of the date of the contract. However, the company shall not be liable for any penalty, loss, injury, damage, or expense arising from any delay or failure in delivery or performance of the contract from any cause at all, nor shall any such delay or failure entitle the customer to refuse to accept any delivery under the contract, performance of the contract, or to repudiate the contract.
5.3 All dates quoted or provided by the company for the delivery are approximate only and although the company shall use its best endeavours to supply the goods within the time scale of 28 days, or any other timescale notified by the company to the customer, time shall never and not be of the essence at any point. The company shall not incur any liability whatsoever for failure to supply or deliver goods by any given or such date or dates.
5.4 Delivery of the goods shall be effected by the company arranging transportation of the goods to the customer’s premises.
5.5 The company may at the company’s sole discretion subcontract the performance of the delivery in whole or in part. The choice of carrier in order to effect delivery shall at all times be the company’s and the customer shall raise no requisition in relation to the same.
5.6 Delivery of the goods may take place separately and on a piecemeal basis.
5.7 The customer warrants in entering into the contract to ensure that adequate access is available to the premises to enable the company to deliver the goods and in the event it is not, the company shall be at liberty to deliver the goods to the closest point of accessibility which shall be determined by the company, employees, servants or agents at their sole discretion and the customer shall raise no objection or requisition thereto.
5.8 The customer shall carefully examine the goods upon delivery and shall notify the company of any shortages or defects reasonably discoverable upon careful examination. Such notification shall be made in writing must be received by the company within 48 hours, commencing with the date of delivery. In the absence of such notification, the company excludes all liability in respect of any defects or shortages. Any goods which the customer believes are damaged or defective must be retained together with the packaging for inspection by or on behalf of the company. All beds are sold for self assembly, before assembly or contracting any third parties to assemble, please check all fittings/components parts are present as no liability can be taken for additional costs incurred due to missing/damaged items or parts.
5.9 If the company shall be satisfied that the goods are satisfactory and are as detailed in the contract, and are not damaged or defective then the contract shall be deemed to have been fulfilled insofar as the company’s obligations under the contract are concerned.
5.10 Due to any reason, if you are unable to accept delivery on your agreed delivery date and you choose to have this delivered to a safe place without being present, a signed note must be left instructing the driver and written authorisation should be sent to firstname.lastname@example.org. Please note, where you choose to leave a delivery unattended, this is done at your risk, any damages, missing items, stolen products will not be exchanged or refunded.
5.11 We understand your plans may change at short notice that may be beyond your control, however, where a 2 man delivery has been arranged and a 3 hour delivery window is allocated or delivery fails, to re-arrange the delivery a minimum re-delivery charge of £30 is applicable. Any 2 man delivery can be changed up to 12 midday the working day before the agreed date by contacting our team on 0330 133 0404. To change the date of your 1 man delivery, we ask that you contact us the working day before delivery is scheduled on 0330 133 0404, any failed deliveries may incur re-delivery charges.
6.1 The customer agrees to pay the price to the company.
6.2 Should the company be prevented from adhering to the delivery date by the customer’s postponement or delays (of whatever nature and howsoever arising) then the company reserves the right to amend the price to reflect any extra costs incurred to the company thereby. In particular, in the event that the company is unable to effect delivery on the date notified to the customer, as a result of the customer not making necessary arrangements to enable the delivery to be properly effected, and as such a different date for delivery has to be made, the delivery cost will be levied to the customer and added to the contract price. Should the order be cancelled the customer will be liable for the full delivery costs incurred.
6.3 All prices quoted on the website or in the company’s literature are inclusive of value added tax and, where applicable, of any substitute taxes, levies, duties, imports, fees, or charges whatsoever and howsoever payable.
6.4 All invoices shall be issued by the company to the customer upon receipt of order.
6.5 In the event that part of a package or bundle deal is returned any refund will be calculated on the individual standard unit prices charged at the time of purchase.
7.1 In consideration of the supply of goods by the company to the customer the customer shall pay the company the price.
7.2 Payment for the goods shall be due from the customer in full at the time of order. A contract shall only exist when payment has been made in full.
7.3 Payment shall be made by debit or credit card via Sagepay or Paypal.
7.4 In the event of any late payment whatsoever, the company shall be entitled to charge interest on any balance due at the rate of 4% over Barclays Bank plc bank base rate the interest being calculated from the date that the payment fell due until the date of payment in full, plus interest.
7.5 The customer shall reimburse the company all costs and expenses (including, but not limited to, legal costs) incurred in the collection of any overdue amount.
7.6 The standard delivery charge of £39.99 shall be added to the price and paid in full at the time of order, unless a delivery offer is placed at the time of order.
7.7 All payments to the company are dealt with by Stripe. The customer’s attention is drawn to the company’s limit of liability in this respect as detailed in paragraph 11.3.
8. Risk and Retention of Title
8.1 The risk in the goods shall pass to the customer immediately upon delivery.
8.2 Notwithstanding clause 8.1, the company shall retain title and ownership in the goods until the price and all other sums outstanding and owing by the customer to the company are paid in full.
9. Quality of Goods
9.1 The company hereby undertakes and warrants to the customer that all goods supplied will be of the requisite quality and fitness for purpose in line with the appropriate statutory legislation.
9.2 The customer’s attention is drawn to the fact that (as appropriate) the goods supplied may be natural products. In particular solid wood, leather, and velvet goods may be subject to changes in colour due to their natural properties, including variations in colour. Painted goods may experience colouration differences. The company will not be held liable for any such variation in the goods which is due to the natural properties of the goods or colouration differences and the customer shall not regard the same as a breach of contract.
10.1 In lieu of all warranties, conditions, or liabilities imposed by law, the company’s sole liability in respect of any defect in or failure of the goods supplied or for any loss, injury, or damage attributable thereto is limited to making good by replacement or repaired defects which under proper use appear therein and arise solely from defective design, workmanship, or faulty materials within a period of 12 months from the date of delivery.
10.2 The company will only accept liability under clause 10.1 above provided it is notified in writing within 14 working days of any such defect or failure becoming apparent to the customer and the defective goods being retained by the customer for the inspection by the company.
10.3 In respect of all goods supplied, the company shall not be liable for any defect in or failure of goods as a result of misuse by the customer or any third party, due lack of care, or lack of general maintenance.
11.1 The company shall only be liable as stated in clause 10 above. This clause is in lieu of all conditions, warranties, and statements of whatever nature in respect of the contract whether express or implied by statute, trade, custom, or otherwise and any such condition, warranty, or statement is hereby excluded. At all times the customer’s statutory rights as a consumer are no affected.
11.2 Without prejudice to the foregoing, the company’s liability for any loss or damage sustained by the customer as a direct result of any breach of the contract or any liability whatsoever of the company (including negligence) in respect of the performance of the contract shall be limited to payment of damages not exceeding the invoice value of the contract.
11.3 The company will not be liable for the following loss or damage which shall or may arise out of or in connection with any failure or defect of or in any part of the goods (including any delay in supplying or any failure to supply the goods in accordance with the contract or at all) or its use by the customer or howsoever caused or for any loss incurred by the customer in making payment via SagePay or Paypal (even if foreseeable or in the company’s contemplation) including, but not limited to, loss of profit, special, indirect, or consequential loss or damage (whether sustained by the customer or any third party), any loss arising from any claim made against the customer or any third party), any loss arising from any claim made against the customer by any third party, and any personal injury to the customer or any other person or individual where such injuries are not caused by the company’s negligence.
11.4 These conditions do not purport to exclude or restrict any liability which is strictly prohibited by the Unfair Contract Terms Act 1977.
13. Force Majeure
The company shall be entitled, without liability on its part, and without prejudice to its other rights, to terminate the contract or any unfulfilled part there, or, at its option, to suspend or give partial performance under it, if performance by the company or its suppliers is prevented, hindered, or delayed whether directly or indirectly by any reason or any cause whatsoever beyond the company’s or its supplier’s reasonable control, whether or not such cause existed on the date when the contract was made. Non-exhaustive illustrations include act or acts of God, war, strike, delay by suppliers, and shortage of materials, labour, or manufacturing facilities.
14. Intellectual Property
14.1 The company shall have and shall retain the property, copyright, and all other intellectual or industrial property rights in any drawings, designs, plans, proofs, models, prototypes, catalogues, brochures and literature.
14.2 The customer shall indemnify the company from all actions, costs, claims, demands, expenses and liabilities whatsoever arising from any actual or alleged infringement brought in connection with clause 13.1 above.
In the event of any payment due by the customer to the company not being paid on the due date, or in the event of the customer becoming insolvent or bankrupt or a petition being presented on a resolution being passed for the liquidation (otherwise for the purpose of amalgamation or reconstruction) or sequestration of the customer or a receiver, administrator, administrative receiver or judicial factor being appointed over all or any of the assets of the customer, or if any steps are taken in relation to any of the foregoing, the customer making any voluntary arrangements with its creditors generally, or if the customer shall cease or threaten to cease trading or carrying on business, or if the customer shall, without prior written consent of the company, sell, or otherwise dispose of the whole or substantially the whole of its assets, or if the company reasonably apprehends that any of the foregoing events is about to occur (and notifies the customer accordingly), the company shall be entitled to treat the contract of which these conditions form part and any other contract between the company and the customer as repudiated and shall be entitled to suspend deliveries to the customer without being liable for any form of loss.
16. Entire Agreement Clause
16.1 The customer confirms that they have not relied upon any warranty, representation, or undertaking of or on behalf of the company by any of its employees or agents (whether written or oral) in respect of the goods and the company shall have no liability in respect thereof.
16.2 The customer further confirms and acknowledges that it is the sole responsibility of the customer alone to ensure that the goods ordered from the company under the contract shall be appropriate for the customer’s requirements.
16.3 These terms and conditions represent the entire agreement between the company and the customer.
16.4 Nothing in this clause 15 is intended to exclude nor limit the company’s liability for fraud.
17.1 The company may at the company’s sole discretion subcontract the performance of this contract in whole or in part.
17.2 In the event of these terms and conditions conflicting with any other terms and conditions, then these terms and conditions shall prevail.
17.3 Each right or remedy of the company under the contract is without prejudice to any other right or remedy of the company whether under the contract or not.
17.4 No waiver by the company of any breach of contract by the customer shall be construed as a waiver of any subsequent breach of the same or any other provision hereof.
17.5 Failure or delay by the company in enforcing or partially enforcing any provision of this contract shall not be construed as a waiver of its rights generally under the contract.
17.6 For the avoidance of doubt, nothing in this agreement shall confer on any third party any benefit or the right to enforce any term or terms of this agreement.
17.7 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part then the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be effected thereby.
17.8 Obligations by more than one person are joint and several and where any party under this agreement at any time is more than one person, references to it are to each person individually as well as jointly with the others comprising it.
17.9 Words importing the singular also include the plural and vice versa where the context so requires.
17.10 The headings, marginal notes, and notes for guidance in this agreement shall not be deemed to be part thereof nor taken into consideration in the interpretation or construction thereof.
17.11 What to do if I am not happy with my purchase? If you are unhappy with your purchase, please email email@example.com an we will do our best to resolve your issues. If you are unsatisfied with our response to a complaint, you may be able to refer the matter for Alternative Dispute Resolution for independent investigation. To find out more about The Furniture Ombudsman and how to use their service, visit: www.thefurnitureombudsman.org or telephone 0845 6532064.
17.12 All references herein to clauses are references to clauses numbered in this agreement and not to those in any other document unless otherwise stated.
17.13 This contract shall be governed by and construed in accordance with the law of England and Wales and the parties shall submit to the jurisdiction of the English Courts in their entirety.