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Terms and Conditions

Divan Beds

This page contains information on the terms and conditions for purchases from Perfect Sleep Beds Ltd

Please read these terms and conditions carefully before placing your order with Perfect Sleep Beds. Perfect Sleep Beds, at its discretion, may change, modify, add or remove these terms and conditions at any time and therefore it is important to read these each time you make a purchase order.

Contents of the terms and conditions:

Definitions
Application of conditions
Basis of sale
Price and payment
Description of Products
Warranties and liabilities
Delivery
Acceptance of the Product(s)
Risk and Title
Insolvency of Buyer
General
Headings
The Buyer's right of cancellation
Proper law of Contract
Limitation of liability
Data protection
Complaints and disputes
Standard conditions of sale:

Definitions

1.1"Buyer" means the person who buys or agrees to buy the Products/ Goods from the Seller.
1.2"Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3"Seller" means Perfect Sleep Beds.
1.4"Delivery date" means the date specified by the Seller when the Products are to be delivered.
1.5"Products" means those goods specified.
1.6"Price" means the price for the Products including delivery, packing and VAT.
1.7"Regulations" refers to The Consumer Protection (Distant Selling) regulations 2000 ("The Buyer's right to cancel").
1.8"Tailored" means a Product that is non-standard.
1.9"Address" refers to the address for Perfect Sleep Beds. The address is: Perfect Sleep Beds, First Floor, Swan Buildings, 20 Swan Street, Manchester, M4 5JW
1.10"Consumer" shall bear the meaning given in Section 12 Unfair Contract Terms Act 1977.
1.11"Contract" refers to any contract between the Buyer and Perfect Sleep Beds for the sale and purchase of Products incorporating these conditions, whether completed electronically through this website or via other means.
1.12"Delivery Place" refers to the delivery address as specified by you, the Buyer, in the Order.
1.13"Order" refers to your offer, as the Buyer, to purchase Products that you place with Perfect Sleep Beds, whether electronically or via other means. Application of conditions
2.1Unless otherwise agreed in writing, these Conditions shall apply to the exclusion of any other terms and conditions.
2.2Each order that the Buyer places shall be deemed to be an offer by the Buyer to purchase Products from Perfect Sleep Beds, the Seller, subject to these conditions.
2.3Each order that the Buyer places shall be deemed to be accepted by the Seller and will become binding once the Seller issues a Confirmation to the Buyer or, if earlier, the Seller delivers the Products to the Buyer in accordance with the delivery terms and conditions.
2.4If for any reason the Seller does not accept the Buyer's Order, the Seller will advise the Buyer as soon as practicable. This will mean that there will be no binding Contract between the two parties.
2.5The Buyer must ensure that the details that he provides the Seller are complete and accurate and that he provides all the necessary information relating to the Supply of the Products within sufficient time to enable the Seller to perform the Contract in accordance with these Conditions.
2.6Any typographical or clerical error or ommission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
2.7If any provision of these conditions is adjudged invalid or unenforceable in whole or part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
2.8If the Seller is not able to supply the Product and payment has already been made by the Buyer, then following agreement between the Seller and the Buyer, the Buyer's account will be refunded or re-credited with the sum paid by the Buyer. The refund will be carried out as soon as possible, in any event, within 30 days of the order. The Seller will not be obliged to offer any compensation for disappointment suffered.
3.Basis of Sale

3.1By clicking the 'Accept' button you agree to these terms and conditions. By completing and submitting the electronic order form (or proceeding through the 'checkout process') you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Neither submitting an electronic order form or completing the checkout process constitutes our acceptance of your order."
3.2The description of Goods shall be set out in writing in the Confirmation.
3.3Any items that is not a bed or the specified Product in the product description on the web page that appears in any photograph or illustration on the website or in product brochures will not form part of this Contract. An example of such items are lamps, bed covers, and in certain instances headboards, (unless mentioned in the product description). Such information is for illustration purposes only and may not comprise part of the Products.
3.4The Buyer shall not be entitled to assign the Contract or any part of it without prior written consent.
3.5The Seller may assign the Contract or any part of it to any person, firm or company.
3.6The free 24" headboard we provide with divan beds is a gift and does not form part of our contract with you
3.7 Perfect Sleep Beds will not be responsible for any pricing, typographical or other manifest errors
Price and payment

4.1The Contract price for the supply of Products shall be as set out in the Confirmation. In the event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the Contract upon written notice. If notice of price increase is given by the Seller, the Buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the Seller within seven days of delivery of the notice of price increase to the Buyer.
4.2If the Seller makes an error in the Confirmation or any invoice or any receipt the Seller will correct that error within 60 days of being notified of any error.
4.3Payment of the Price shall be due on the date of the purchase order. Payment shall be due before the delivery date and time for payment shall be of the essence.
4.4In the instance that payment has not been received and an order has been confirmed, interest on overdue invoices shall accrued from the date when payment becomes due on a daily basis until the date of payment at the rate of 2% above HSBC's base rate in force at that time.
4.5No payment shall be deemed to have been received until the Seller has received cleared funds. There will be no delivery until cleared funds have been received.
4.6Payment for the Products and any delivery charges can be made by any method shown on the Suppliers website at the time the Buyer places an order.
4.7 If there is a manifest error on the website in terms of pricing the seller is not liable to fulfil the order and will refund any payments made back to the customer
Description of Products

5.1The quantity and description of the Products shall be set out in the Seller's confirmation.
5.2The Seller may make changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller's specification.
Warranties and liabilities

6.1The Seller warrants that the Products will correspond with their specification at the time of delivery and will be free from defect in quality, material workmanship and condition for a period of 12 months from the date of order.
6.2The Seller shall not be liable for any breach in warranty clause 6.1 unless:
6.2.1The Buyer provides written notice promptly once they discover or ought to have discovered the defect; and
6.2.2The Seller is given reasonable opportunity after receiving the Buyer's notice of defect to examine the Products in question. If testing is required it will be completed by an independent party and the consumer will not be liable for return postage when when it is identified that the seller is at fault
6.3The Seller shall not be liable for a breach of the warranty in clause 6.2 if:
6.3.1The Buyer makes further use of such Products after giving notice of the defect to the Seller.
6.3.2The defect arises as a result of fair wear and tear, wilful damage, negligence, misuse, abnormal working conditions or failure to follow our written instructions as to the storage of use of the Products.
6.3.3The Buyer alters or repairs such Products without our written consent; or
6.3.4The Buyer has not paid the Contract price for the Products by the Payment date.
6.4Subject to clause 6.2, if any Products do not conform with any of the warranty, then within 30 days of us examining the defective Products, the Seller (at the Seller's option) will either:
6.4.1Repair or replace such Products (or the defective part) free of charge.
Delivery

7.1All delivery charges displayed on the website are accurate. The Seller will not deliver to addresses outside of mainland United Kingdom.
7.2The Products the Buyer orders will be delivered to the address specified in the order unless otherwise agreed in writing by the Buyer and the Seller.
7.3Goods will be deemed to have been delivered once delivered to the specifed address as detailed in clause 7.2 and the Seller will not be liable to the Buyer for non-delivery of the Products. The Seller does not need to satisfy itself that the person accepting delivery at the specified address is the Buyer (or authorised by the Buyer to accept delivery of the Goods).
7.4Dates and times quoted for delivery are accurate at the time of purchase
7.5Generally, where an order contains more than one item all items will be delivered at the same time once all items are available.
7.6Where a delivery date has been agreed with our carrier but the Buyer is not present to receive the delivery, the Seller reserves the right to charge the Buyer a minimum of £50 to cover the cost of the failed delivery.
7.7If the Products ordered by the Buyer are not available or discontinued and the Seller is unable to deliver them to the Buyer within 60 days (or any other time limit agreed by the parties), the Seller shall inform the Buyer of this; cancel the Contract; and reimburse any sums paid by the Buyer (or which has been paid on the Buyer's behalf) under the Contract to the person by whom payment was made no later than 30 days after the due date for delivery of the Goods under the Contract.
7.8The Products may be delivered by the Seller in advance of the quoted delivery date providing this has been communicated to the buyer in advance.
7.9Deliveries made by national carriers will be delivered by one man and delivered to your front door.
7.10All goods must be signed for, We are unable to deliver to unattended premises or outside of customer addresses.
7.11We do not accept any blame or liability for customers removing or disposing of old beds or mattresses prior to delivery. We do advise that customers only dispose of old goods after acceptance of the new goods been delivered.
7.12Postcode areas AB31 - 38, AB41 - 56, FK19 - 21, H5, IV1, IV3 - 56 cannot be delivered on a next day basis.
7.13Deliveries made to business addresses will have the customers authority for anybody in the building to accept goods on the customers behalf. Perfect Sleep Beds will accept no responsability once the goods have been signed for at the requested address.
7.14For Items that are In Stock deliveries can take between 2-4 working days depending on your location and the type of item ordered.
7.15All products that are available on a 'next day' delivery service will be delivered by a 1 man logistics company, unless otherwise stated. The services used will only deliver the ordered items to the front door of the designated delivery address. This means that if you reside in an apartment or a block of flats, the delivery driver will deliver to the lobby of the building only. Please understand that the logistics companies that offer a 'next day' service are not insured to enter a private premises. Please be aware that if you purchase a product on a 'next day' delivery service and require assistance with the positioning of the product, you must arrange the assistance yourself..
7.16If you have any specific delivery requirements prior to ordering please contact Perfect Sleep Beds on 01617910339 or email support@perfectsleepbeds.co.uk to confirm we can meet your requirements.
7.17Perfect Sleep Beds contracted deliverers will not remove existing pieces of furniture to help make room for newly delivered products. Likewise, old pieces of furniture will not be taken away. The customer must take the responsibility to organize the removal and disposal of unwanted furniture.
7.18Perfect Sleep Beds and our contracted deliverers can only deliver to your doorstep or just inside your front door. If you live in a block of flats delivery will be to the ground floor only.
7.19 If Perfect Sleep Beds agrees to such a request, there will be no additional charge. It will be expected that the passageway and the necessary room(s) will have been cleared in order to make way for the order.
7.20Perfect Sleep Beds third party contractors will not assemble any orders even if requested to do so. The assembly of orders is the responsibility of the customer. Preparation for delivery: Customers are advised when accepting goods to have protective sheets available as the goods been delivered may have transferred through a number of warehouses and delivery vehicles. Perfect Sleep Beds will not accept any liability for any damaged caused.
7.21Please be aware for health and safety issues delivery drivers are unable to remove their shoes when delivering products into customers houses. If you need to protect your flooring please make sure an adequate cover has been placed on the floor prior to the delivery driver arriving.
7.22Before signing for the goods please check the boxes to see if there is any sign of damage. If there is damage please put 'Damage' next to your name on the courier drivers PDA. If there is no damage please put 'Unchecked' next to your name on the drivers PDA.
7.23 If the buyer cancels the order when the item is out for delivery on that particular day, then there will be a £50 charge deducted from the total
Acceptance of the Product(s)

8.1
8.2
Risk and title

9.1Notwithstanding any other provision herein title to the Products shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full for the Products and all other sums which are or which become due to the Seller from the Buyer on any account.
9.2The Seller shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from the Seller.
9.3The Buyer may not use or resell the Products before ownership has passed.
Insolvency of Buyer

10.1This clause applies if:
10.1.1The 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 purpose of amalgamation or reconstruction) or
10.1.2An emcombrancer takes possession, or a receiver is appointed, of any of the property of assets of the Buyer, or
10.1.3The Buyer, not being a Consumer, ceases or threatens to cease, to carry on business, or
10.1.4The Seller reasonably apprehends that any of the events mentioned above is a about to occur in relation to the Buyer and notified the Buyer accordingly.
10.2If the clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitiled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, 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

11.1Neither 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 of their reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction or unavailability of power at the Seller's premises or its/ suppliers manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, import or export regulations or embargoes (including the failure of the Seller's suppliers to obtain any necessary export permits licences or other authorisations) and the party shall be entitiled to a reasonable extension of its obligations.
11.2 Provided that if any event referred to in clause 11.1 continues for a period in excess of 30 days, the Buyer will be entitiled to give notice in writing to terminate the Contract.
11.3Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its Address or in the case of notices to the Buyer, at the Buyer's address as provided to the Seller.
11.4Failure or delay by the Seller in enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
Headings

12.1The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
12.2Representations- no statement, description, warranty condition or recommendation contained in any price list, 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.
12.3Additional 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 to delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
The Buyer's right of cancellation

13.1In accordance with the Regulations the Buyer has the right of cancellation within 14 days except where a Product is faulty only. Refunds on made to order items can only be made if the product is faulty or incorrect
13.2To exercise the Buyer's right of cancellation, the Buyer must give written notice to the Seller by letter, e-mail or phone giving details of the Products ordered and (where appropriate) their delivery. Written notice is preferred.
13.3Once the Seller has been notified of the cancelling of the Contract, the Supplier will refund or re-credit the Buyer within 14 days for any sum that has been paid or debited from the Buyer's credit card for the Products upon collection of the product
13.4If the Buyer does not cancel the Contract in accordance with clauses 3.1 and 3.2, the Buyer shall be deemed to have accepted the Goods (except any manufacturing faults) and will not be liable to return the Goods to the Seller.
13.5If the Seller has delivered the Products to the Buyer but the Buyer wants to cancel the Contract, as prescribed in clauses 13.1 and 13.2, the Buyer must retain possession of the Goods until the cancellation notice has been sent to the Seller within the relevant time limit. The Products can not be used. The Buyer will be responsible for returning the Products to the Supplier at the Buyer's own cost. The Products must be returned to the address in the definitions section. The Buyer must take reasonable care to ensure that the Products are not damaged in the meantime. We aim to collect within 2 weeks, but please be aware collections can take up to 30 days, after which a refund will be issued via the same method payment was made.
Proper law of Contract

14.1The Contract shall be governed by the law of England and Wales and any dispute, question or remedy howeverso arising determined exclusively by the Courts of England and Wales. Limitation of liability
15.1Nothing in these conditions excludes or limits the liability of the Seller for death or personal injury caused by the Seller's negligence or fraudulent misrepresentation.
Data protection

16.1The Seller will take all reasonable precautions to keep the details of the Buyer's order and payment secure but unless the Seller is negligent, the Seller will not be liable for unauthorised access to information supplied by the Buyer.
16.2Please note we do not store any credit card data on our website
Complaints and disputes

17.1If the Buyer has a complaint about the Goods or service, the Buyer should contact Perfect Sleep Beds, the Seller by:
17.1.1Post- sent to the Address in the definitions section
17.1.2Electronic e-mail to support@perfectsleepbeds.co.uk
17.1.3Telephone on 01924443786
17.2The Seller will try to respond in writing to the Buyer's complaint within 14 working days of receiving it.
If you do not agree with our terms and conditions, please do not use our website.
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Perfect Sleep Beds is a registered company in the UK under Alexandra Beds LTD - Company number 11974241