- Storage Beds
- Bed Frames
- Bedroom Furniture
- Bedroom Accessories
Terms & Conditions
The Bed Gallery
Terms and conditions of Sale (Online and Telesales)
These terms and conditions (together with the documents (such as the Order Confirmation) referred to in it) tells you the terms and conditions on which we supply any of the Goods or services linked to buying the Goods listed on our website to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Goods from our site. You should understand that by ordering, you agree to be bound by these terms and conditions. Your attention is drawn in particular to the provisions of the Liability clause (clause 12) and the Force Majeure clause (clause 14).
We intend to reply upon these terms and conditions and any documents (such as the Order Confirmation) expressly referred to in the terms and conditions in relation to the subject matter of any Contract formed between us in accordance with clause 3 below.
Please understand that if you are unable to accept these terms and conditions, you will not be able to order any Goods from our site.
1. INFORMATION ABOUT US
1.1 We operate the website https://www.thebedgallery.net Our company name is The Bed Store Hertfordshire Ltd, a company registered in England and Wales under company number 09157800 and with our registered office at 87/89 High Street, Hoddesdon, Herts. EN11 8TL and our shop address is 51 High Street, Cheshunt, Herts. EN8 0BS.
2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old;
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 Your order constitutes an offer to us to buy Goods and services linked to buying the Goods (“Order”). All Orders are subject to acceptance by us, which we are free to accept or decline at our absolute discretion. We will confirm our acceptance of your Order by sending you an e-mail confirming our acceptance (“Order Confirmation”). The contract between us will only be formed when we send you our Order Confirmation.
3.2 We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
3.3 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, technology, payment methods, relevant laws and regulatory requirements and/or in our system's capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
4.1 Should you wish to cancel and/or amend your order you should contact The Bed Gallery by email at email@example.com. Advice about your legal rights is available from your local Citizen Advice Bureau or trading standards office.
4.2 Subject to clause 4.8 you can cancel your order by notifying us in writing at anytime from placing the Order up to the expiry of 14 working days starting the day after the date the Goods are delivered.
4.3 Should you cancel your Order in accordance with the provisions of clauses 4.6 once it has been delivered, we will collect such Goods.
4.4 We will charge a collection cost for the Goods that we collect under the provisions of clause 4.3 above. The collection cost will depend on the nature of the Goods, the size, weight and number of packages and where and when it is to be collected from. This cost will be notified to you in advance. In any event the Goods will remain your responsibility until we collect the Goods. Please be aware that the cost to you of return/collection may range from £100 for mattress only to £400 for a divan bed. You should also be aware of the following obligation:
Any collection will be from the delivery address, and we will agree with you a suitable day for collection. You must ensure that on the day of collection the access to the Goods is clear and free from obstruction. If the access is not clear and free of obstruction then we will not collect the Goods. Should windows or doors need to be removed to allow access, it is your responsibility to arrange this at your own cost and your own risk. We do not accept any responsibility for damage to your property during collection other than damage due to our negligence when our liability is limited to the repair of that damage with no element of betterment,
You have a statutory duty to take reasonable care of the Goods. If you breach this duty we have a right of action against you. If any original packaging has been left with you please return the Goods with the original packaging. If the original packaging is not available, then please ensure any items to be returned are packaged in a suitable and sufficient manner so as to ensure that there is no risk of damage in transit;
4.5 In the event that you do not comply with the above obligations, we may require payment from you of all costs reasonably incurred by us which may include but is not limited to wasted collection journeys or the cost of any Goods which you have damaged or lost.
4.6 If you wish to return the Goods to us:
(a) because you have cancelled the Contract between us in accordance with the provisions of clause 4.2, we will process the refund due to you as soon as possible. In such cases, we will refund the price of the product in full, although for the avoidance of doubt we shall be entitled to offset and retain any collection charges we may incur in collecting the Goods.
(b) for any other reason (for instance, because you consider the Goods are faulty), we will discuss the issue with yourselves and, if necessary examine the returned Goods. Should we agree the Goods are faulty we would reserve the right to discuss with you whether it would be more appropriate to repair the Goods in question. Should we agree with you that the Goods should be returned and you should obtain a refund, we will notify you of your refund via e-mail within a reasonable period of time. We will process the refund due to you as soon as possible after we have confirmed to you via e-mail that you are entitled to a refund. We will refund the price of the Goods in full, any applicable delivery charges and not charge you any collection charge for collecting the Goods from you.
4.7 We will refund any money received from you using the same method originally used by you to pay for your purchase.
4.8 The provisions of clause 4.2 will not apply to any Goods which:
(a) you have bought either online or by telephone which you have previously viewed at our store or ordered during or following a visit to our store;
(b) are bespoke and handmade to your specification. Please note that the majority of our Goods are bespoke and handmade to your specification. To reiterate, please be aware that for Goods that are bespoke and handmade to your specification you will not have a right to cancel or return the Goods once ordered so please carefully consider your decision to place your Order before doing so;
(c) in the case of mattresses, bedding and bed linen, if the packaging has been un-sealed, for reasons of health and hygiene these items by their Nature cannot be returned unless faulty. Please note that we cannot accept a return or cancellation once a mattress has been slept on.
(d) in the case of mattresses and divan beds, If Assembly service forms part of your order and the hygiene seal is broken and mattress bag removed we will not be able to accept return unless the goods are faulty,
(e) any Goods which cannot by their nature be disassembled once they have been partially assembled (such as flat pack wardrobes).
(f)Roll-up or vacuum mattresses, once unrolled or opened these mattresses cannot be returned
(g) unfortunately, if you cancel an order and We have already dispatched your Goods to you, We will not be able to cancel your Order until it is delivered. In this case, if you return the Goods to Us, you will have to pay the cost of returning the Goods back to Us. Any return charges applicable will deducted from the refund that is due to you.
(h) If you wish to refuse delivery of your order please contact our office by phone 01992 309751 immediately for advice. Please be aware that the cost to You of return/collection will range from £100.00 for mattress only to £400.00 for a divan bed depending on the size and weight of the item and your post code address. Furthermore, if your delivery address is in a Premium post code area there may be further costs involved to You. In this case any return costs will be deducted from the refund due to you.
(i) In regard to all sales where you wish to return the Goods, you must keep the Goods in good condition, including by not using them, and where possible retain the packaging which the Goods came in. Any flat-pack goods must be returned as such, without having been assembled (unless they are faulty or miss-described). In particular, duvets, mattresses and bedding must not have been used and must be in the original sealed packaging.
5. IF THE GOODS ARE FAULTY
5.1 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
5.2 To help us ascertain the nature of the fault we may ask you to provide evidence to us in the form of an image by email. Failure to provide this evidence may prevent Us from progressing the issue.
5.3 If you state that the Goods are faulty, we may instruct an external source or the manufacturer to undertake an inspection of the Goods at your home to establish the nature of the alleged fault.
5.5 In the case of a replacement being offered this will be of equivalent quality or better than the original product purchased from the manufacturer's current range.
6. THE GOODS
6.1 We will take reasonable steps to pack the Goods properly and to ensure that you receive your Order in good condition.
6.2 We will not be responsible for any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we or the manufacturer do not recommend, your failure to follow our or the manufacturer’s instructions, or any alteration or repair you carry out without our prior written approval.
6.3 These terms and conditions apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform to these terms and conditions.
7. PRODUCT SPECIFICATION
7.1 Our website, catalogue and brochure are solely for the promotion of Our Goods in the UK. Their content does not form part of the contract between Us and you. The images on the website are for illustration purpose only. In particular, the colour of the Goods may differ in reality from their representation on any website, catalogue or brochure. Similarly, patterns of material may vary, in particular those of mattress covers.
7.2 Where stated some images have been digitally created to illustrate the colour options available from the range. These colours will be affected by your monitor and by your printer and therefore may not be 100% accurate to the finished product.
7.3 The tension rating (firmness) of mattresses is a subjective indication and is for general guidance only.
7.4 All dimensions and measurements indicated on Our website or in Our catalogue or brochure have a tolerance of plus or minus 2 centimetres. Please note Metric and imperial sizes are not exact equivalents.
7.5 It may occasionally be the case that as technology and manufacturing processes advance that there may be a slight variation to specification that will improve the product/s within your Order. A manufacturer may change the specification to enhance the performance of the product.
7.6 It is often the case with new mattresses that they will require a 'bedding in' period of 8 to 12 weeks to allow the fillings to settle and the mattress to gently expand to the correct size.
Additionally, on occasion new mattresses may carry an odour for up to 6 to 8 weeks. This may be due to the fire retardancy, a legal requirement, and the newness of materials. This odour will gradually dissipate with airing.
7.7 All images on Our web site are for illustration purposes only. Unless clearly stated on the website, headboards will not be included with a divan bed. If a headboard is required, this will need to be selected as a separate item on your order.
7.8 If you are purchasing a mattress that will be placed on your existing bed frame we recommend that the slats are no more than 6cm apart.
7.9 We offer a bed removal service. This includes mattresses and divan bases only. Please call our office on 01992 309751 for a quotation.
8.1 All delivery times quoted at the time of order are estimated and so cannot be guaranteed. Whilst we will make every effort to deliver within the estimated delivery time, occasionally deliveries may be affected by factors beyond our control. We will deliver to the delivery address stated in the Order and confirmed by us in the Order Confirmation.
8.2 We will contact you where applicable to arrange delivery and to ensure that full payment has been made prior to your Order being delivered. We reserve the right to charge a storage charge in the event you do not reasonably accept delivery.
8.3 Goods will be delivered to Mainland Britain only and the delivery address must be the same as the billing address.
8.4 Delivery of an Order shall be completed when We deliver the Goods to the address you gave us or you collect them from Us. Please take time to check the goods carefully.
8.4(a) Please be aware that in the case of Fast deliveries these will usually be delivered to the entrance of your property and will not be carried to the room of choice.
8.5 If no one is available to take delivery at the address given by you, Goods will be returned to Our premises. You will be subject to a charge for re-delivery.
8.6 Where you have ordered multiple Goods from us we may need to make more than one delivery to you.
8.7 We do not hold or store Goods, therefore if you fail to accept the reasonable delivery dates offered to you, then, except where this failure is caused by our failure to comply with these terms and conditions or by an event beyond our control;
(a) We will store the Goods until delivery takes place and may charge you a reasonable sum currently £25 per week to cover expenses
Any such charges must be cleared before delivery will take place.
8.8 It is essential that you notify us of any possible restrictions to access into your home when placing your Order so that we can perform a risk assessment. In particular you should consider vehicle access, lifts, staircases and room access. Should windows or doors need to be removed to allow access, it is your responsibility to arrange this at your own cost and at your own risk.
8.9 We recommend that you do not dispose of your existing bed until the new one has been delivered.
8.10 We deliver only to the first floor of any house/apartment block, except when arranged separately within the Order and confirmed in the Order Confirmation. Any such arrangement may incur an additional charge that we shall advise to you.
8.11 You must also ensure that on the day of delivery access to your preferred location of the Goods is clear and free of any obstruction. If access is not clear and free of any obstruction, then we will not deliver your Goods. This will result in a re-delivery of your Goods and a further delivery charge will be levied.
8.12 Goods intended to be assembled by you will not be unpacked at the point of delivery.
8.13 We do not accept any responsibility for damage to your property during delivery other than damage due to our negligence when our liability is limited to the repair of that damage with no element of betterment.
9. SELLER'S GUARANTEE OF GOODS
9.1 Normally, the manufacturer of the Goods will guarantee the Goods for a period of up to 1 year and you have the benefit of that guarantee for the specified period unless otherwise stated. However, these guarantees do not apply in the circumstances described in clauses 9.2 or 9.3;
9.2 Guarantees do not apply to any defect in the Goods arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party and any damage caused by excessive handling/bending to fit into the required room or a difficult access;
(c) if you fail to take care of or use the Goods in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of Our authorised repairers; and
(e) any specification provided by you.
(f) Roll-up Vacuum Packed Mattresses: You must unroll the mattress within 1 month of purchase to ensure it expands to its full flat size and the foam or springs recover to their intended comfort. Once unrolled these mattresses cannot be returned.
9.3 Please note Guarantees are only applicable to goods in Main Land UK addresses.
10. TITLE AND RISK
10.1 The Goods will be your responsibility from the time of delivery.
10.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including any delivery charges.
11. PRICE AND PAYMENT
11.1 We will require payment in full of the value of the Order inclusive of VAT and any delivery costs at the time the Order is made. If you wish to pay a deposit call 01992 309751. Outstanding balances must be paid in full 7 days prior to delivery.
11.2 The price of the Goods will be as quoted on our site may change from time to time.
11.3 The prices of Goods include VAT. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
11.4 The prices of Goods and delivery charges are liable to change at any time, but changes, other than changes in the VAT rate as set out in clause 11.3, will not affect orders in respect of which we have already sent you an Order Confirmation.
11.5 Payment for all Goods must be by credit, debit card, PayPal, American Express or bank transfer.
11.6 The prices for the Goods exclude delivery costs, which will be added to the total amount due (except where free delivery is offered).
12. OUR LIABILITY
12.1 Subject to clause 12.2 and clause 12.3, if either of us fails to comply with these terms and conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms and conditions at the time we entered into the contract with one another.
12.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and we have no liability to you for any consequential loss, loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 Nothing in this agreement excludes or limits in any way our liability for:
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
12.4 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices at time of order so that, where the Goods’ correct price is less than our stated price, we will charge the lower amount. If the Goods’ correct price is higher than the price stated on our site, we will contact you to tell you and ask for your instructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 We will use the personal information you provide to Us to:
(a) provide the Goods;
(b) process your payment for such Goods; and
(c) inform you about similar products or services that We provide, as well as promotions we offer from time to time, but you may stop receiving these at any time by contacting Us.
13.2 We will not give your personal data to any third party.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action
(b) civil commotion, riot, invasion, piracy, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) inclement weather, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. Should the Force Majeure Event continue for a period of more than 3 months then either party will have the right to terminate any contract that exists between ourselves forthwith without any further liability to the other party apart from providing you with a refund if you have not received the Goods.
14.4 We advise customers not to dispose of their existing bed prior to delivery of the new bed.
14.5 We are not responsible for damage to your property caused by third parties, including couriers. Your remedy in such cases lies with the insurers of the third party.
14.6 It is your responsibility to ensure that it is possible to get the Goods into the room of choice in your home. We cannot be held responsible for failure to get the Goods into the relevant room when it is physically impossible so to do. We reserve the right to leave the goods in the premises even if in the hallway, if this is the only option.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
You may not transfer any of your rights or obligations under these terms and conditions to another person. We can transfer all or any of our rights and obligations under these terms and conditions to another organisation, but this will not affect your rights under these terms and conditions.
16. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site or telephone sales system, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.
All notices given by you to us must be given to The Bed Gallery at firstname.lastname@example.org We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 16 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter (if sent from the UK). In proving the service of any notice, it will be sufficient to prove, in the case of a letter posted in the UK, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
18.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
18.2 If we fail, at any time while these terms and conditions are in force, to insist that you perform any of your obligations under these terms and conditions, or if we do not exercise any of our rights or remedies under these terms and conditions, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms and conditions shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
18.3 A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
18.4 These terms and conditions shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.
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