Conditions of Use : Childrens Bed Shop, The Kids Bedroom Furniture Superstore

Last Updated: 15 June 2011, 12:39pm

Welcome to the Childrens Bed Shop website Terms and Conditions for use. Please read them through carefully before using the website. They do not affect your statutory rights. Your continued use of this website constitutes your agreement to be bound by these terms and conditions which shall also govern all transactions on the website to the exclusion of any other terms and conditions.

Childrens Bed Shop ("ChildrensBedShop.co.uk", "we", or "us") reserves the right to change these terms and conditions from time to time without notice to you and any changes will take effect on the day they are posted. Any such changes will be posted on this section of the website and your continued use of the website constitutes your agreement to be bound by the prevailing terms and conditions. You will be requested to read and accept these terms and conditions every time you place an order. For this reason we encourage you to review them whenever you use this website to ensure that you are familiar with the latest terms and conditions. We also recommend to all our customers to print and retain a copy of the terms and conditions for future reference.

Before you place an order, if you have any questions relating to these terms and conditions, please contact our online team by e-mail at sales@childrensbedshop.co.uk or call us on (0191) 654 2030 between our office opening hours of 9am and 5pm Monday to Friday.

A. PURCHASE OF PRODUCTS

1. How to create the Contract between yourself and the Childrens Bed Shop:
    1.1 Place your order online by following the instructions.
    1.2 Before you submit the order, you will have the opportunity to change or amend so you are 100% confident you have ordered the correct item(s). Please bear in mind the majority of our furniture requires home assembly - it is your responsibility to ask the Childrens Bed Shop staff how your item(s) are delivered.
    1.3 Once you have submitted your order – one of our team will acknowledge receipt of the order.
    1.4 If you are paying by credit card, we will authorize your debit or credit card payment. If you are paying by cheque, we will deposit your cheque on the first working day after we receive it.
    1.5 Once payment has been authorised, or your cheque has cleared, and we have determined the availability of stock, we will arrange for the delivery of the goods to you. Acceptance of your order and the creation of a legally binding contract between us will only occur when we send you a second e-mail which contains the details of how your goods will be delivered to you. The lead times quoted are to our warehouse - our couriers add additional time (as detailed in our delivery tab) - it is your responsibility to understand our delivery regions - you can call the staff to discuss zones during our trading hours.
    1.6 We reserve the right to decline all or part of any order for whatsoever reason and should this occur we will e-mail you with these details.
       1.6.6 We also reserve the right to decline an order that does not pass our security and fraud checks upon review of an individual order. We will e-mail you upon receipt of your order if your order is deemed by us as a "high risk" transaction.
    1.7 It is recommended that you retain all e-mails relating to your order and contract.
    1.8 The details of your specific contract are filed by us. Should you want any information regarding your order you may contact us.

2. Payment
    2.1 If you have chosen to pay by card, once your order is received we will process the payment for your order by way of the credit or debit card details you have provided.
    2.2 If you have chosen to pay by cheque, please send payment in full to our office address: Childrens Bed Shop, within Efurn Ltd, Unit 14, Cherry Way, Dubmire Ind. Est., Fencehouses. DH4 5RJ. We are unable to accept deposits via this payment method. Once your order is received we will deposit your cheque. Once the cheque has been cleared for payment, we will begin processing your order.
    2.3 If your order contains any item with a lead time of more than 5 weeks and you have opted to pay a 20% deposit by card, the balance outstanding must be paid in full on the same card before final delivery is made. As part of the checkout process, you will be requested to confirm that you agree to this. A receipt for the balance payment will be posted to your billing address. You can not pay any part of your invoice by "Cash on Delivery".
    2.4 If your cheque has not cleared, or if your card declines – we may invite you to pay by another method.
    2.5 All prices and charges on this website are quoted in UK pounds stirling. The price you pay for your order is that price which is displayed on the website. Prices include VAT unless otherwise stated but exclude delivery charges. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you an option of reconfirming your order at the correct price, or cancelling the order. If we are unable to contact you, we will treat the order as cancelled and you will receive a full refund.

3. Security and Clearing
    3.1 All credit and debit card payments that are made on our website are protected by a secure connection. This secure connection ensures that your credit and debit card is encrypted prior to it being transferred to the bank for authorization.
    3.2 As an additional security means, no credit or debit card details submitted online are stored directly by us once your order has been processed.
    3.3 If you have authorised us to obtain a second or final payment of your order on your chosen card, we will use the same secure connection to request these monies to be transferred to the bank for authorization. Your CV2 number is not retained by our Secure Payment Provider (SSP).

4. Delivery of goods to you
    4.1 We will deliver the goods you have ordered to the address you give us for delivery at the time you place your order. Should you wish to change your delivery address, please e-mail us at sales@childrensbedshop.co.uk where we can change this for you. This request cannot be made within 7 days prior to delivery, or you may jeopardize your delivery date.
    4.2 We offer a free, one man, delivery service throughout the mainland of the U.K. only. The delivery driver will deliver your goods to your front door.
    4.3 We offer a premium, two-man, room of choice delivery service at a supplement charge of £19.99 per order - you will be offered this service at the time of checkout. However, we do not offer this service to the parts of the mainland (KW, DD, CT, EX, IV, PA, TR, DT, AB, NR, PL, LD, PH, SA, TQ, BH postcodes) and all offshore locations.
    4.4 We offer a Saturday delivery service for £29.99. However, we do not offer this service to the parts of the mainland (KW, DD, CT, EX, IV, PA, TR, DT, AB, NR, PL, LD, PH, SA, TQ, BH postcodes) and all offshore locations.
    4.5 For all offshore locations (e.g. Scottish Islands, Jersey, Guernsey, Isle of Man, Isle of Wight), please e-mail us at sales@childrensbedshop.co.uk and we will respond with a delivery quote.
    4.6 We aim to deliver your furniture within the time quoted on our website when you place your order. If circumstances change, we will contact you. If, however, it is delayed due to circumstances beyond our control, then we cannot accept any liability for consequential loss.
    4.7 The delivery times quoted on the website are for delivery to postcodes which fall within our normal delivery areas. These are just a guide and are dependant on suppliers, shipping, freight and many matters which our beyond our control.
    4.8 You will become the owner of the goods (and be liable for the loss or destruction of the goods) at the time of delivery, provided that we have received payment in full for the goods.
    4.9 All deliveries must be signed for. If you are out when our delivery team arrives, they will leave a card with a contact number for you to call them and arrange a delivery at a future date. Please note that there may be an additional delivery charge for redelivery.

5. Access to the destination room
    5.1 Before placing an order, please check that the items of furniture will fit through any passages, stairwells, landings and doorways on the way to the destination room. We are not responsible if the item will not fit in your property or through to your property.
    5.2 If the item will not fit in your property, or we are unable to help you gain access to your property, you can not return the goods on the same vehicle as they always return full.
    5.3 Should you have any concerns over access, then please note them on the comments box on the order or contact us by e-mail or on (0191) 654 2030 between 9am – 5 pm Monday to Friday.

6. Cooling Off Period
    6.1 You are entitled to a statutory cooling off period beginning from the date you placed your order and ending 7 working days after you received the goods. Certain goods are exempt from this cooling off period, for example a mattress which has been taken out of its sealed packaging (or has been opened - this is for health and safety reasons) in which it was delivered, flatpack furniture which has been assembled or removed from the box, and special order or bespoke items ordered. Please note you are responsible for returning the goods to ChildrensBedShop - this is at your cost and we may not be able to arrange this for you. Please note if the goods are delivered to us in a damaged condition, we will not refund the cost of the goods - they are your responsibility and will remain here until you are able to collect them.
    6.2 You must inform us in writing during the cooling off period that you are cancelling the contract (e-mails are accepted).
    6.3 If you have not received the goods at the time of cancellation of the contract, and we have not processed the goods for delivery, we will refund to you all the monies paid by you for the goods in question, including the delivery charges in the same form of payment originally used for the purchase, as soon as possible, and in any event within 30 days of the your cancellation being accepted.
    6.4 If you have not received the goods at the time of cancellation of the contract, but we have processed the goods for delivery, and they are en route, you must not unpack the goods when they are received by you. You are the owner of the goods once they have been delivered to you and you are liable for their loss or destruction. The goods must be returned to us as soon as possible. We will refund to you all the monies paid by you for the goods in question, excluding the cost of collection of the goods, in the same form of payment originally used for the purchase, as soon as possible and in any event within 30 days of your cancellation being accepted.
    6.5 If you have received the goods at the time of cancellation of the contract the goods must be returned to us as soon as possible. You are the owner of the goods once they have been delivered to you and you are liable for their loss or destruction. The goods must be returned to us as soon as possible. We will refund to you all the monies paid by you for the goods in question, excluding the cost of collection of the goods, in the same form of payment originally used for the purchase as soon as possible, and in any event within 30 days of your order being accepted, PROVIDED THAT the goods are returned by you and received by us in the condition that they were in when delivered to you.
    6.6 If you do not return the goods to us we shall be entitled to deduct the direct costs of recovering the goods from the amount to be refunded to you - if when we receive the goods back it is obvious that flat pack goods have been assembled then taken down, then we will not refund the bed and store the item until you are able to recover them - we will also charge the collection fee.
    6.7 We do accept returns on assembled flat pack items which have been opened or mattress which have been removed from packaging.

7. Damaged or Defective Goods
    7.1 Every effort will be made to ensure that the goods you have ordered arrive undamaged and without defect.
    7.2 If the goods are found to be either damaged or defective in any way, we require that an e-mail is sent to us at sales@childrensbedshop.co.uk with pictures detailing the damages. You must contact us within 7 days of delivery of the goods if you wish to report delivery of defective goods.
    7.3 If the goods are found to be damaged and we wish to resolve your issue(s) by replacing the individual parts that are defective, the lead time for replacement parts is up to 5 weeks for manufacturers based in mainland Europe and up to 3 weeks for manufacturers based in the UK.
    7.4 If the goods are damaged, and we are unable to repair the item to manufacturing standards, we will send a replacement item upon confirmation that the damaged item has been returned to us.
    7.5 If the goods are found to be defective, we will refund all monies paid by you for the goods in question (including the delivery charges), together with any return delivery charges you may have reasonably incurred if you have undertaken to return the items yourself, in the same form of payment originally used for the purchase as soon as possible. We will not refund any delivery charges for goods being returned to us without our authorisation.

8. Cancellation by Us
    8.1 We reserve the right not to accept any order request if:
        8.1.1 we have insufficient stock to deliver the goods you have ordered;
        8.1.2 we do not deliver to your area;
        8.1.3 one or more of the goods ordered was incorrectly described or priced on the website;
        8.1.4 the payment transaction is not authorized;
        8.1.5 you have not complied with the provisions of paragraph 12 of these terms and conditions.
    8.2 If we do cancel your contract we will notify you by e-mail and will refund to you any sum paid by you to us in respect of the contract as soon as possible, and in any event within 30 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

9. Stock Levels
    9.1 As far as reasonably possible all products featured to buy on the website are either in stock and available at the time of ordering, or are produced to order with the anticipated lead-time published on site.
    9.2 The lead times for all goods are between 7 - 30 working days as standard but we always try hard to deliver your order as soon as we receive it.

10. Unforeseen Circumstances
    While every effort is made to meet our customers' demands, cancellations or variations may be necessary as a result of an Act of God, war, strike, lockout, labour dispute, fire, flood, drought, or other causes beyond our reasonable control.

11. Complaints and Remarks
    11.1 If you have a complaint, or a particular remark to make, please do not hesitate to contact us immediately by e-mail at sales@childrensbedshop.co.uk, or by any other form of written communication. Please state your order number and confirm your full name and address with postcode.
    11.2 Any complaint will be dealt with fairly, effectively and confidentially. Your statutory rights as a consumer are unaffected.
    11.3 Complaints can only be made by the person that has paid for the goods (e.g. Billing Customer). Complaints will not be discussed with any other person (such as the recipient customer, or, Delivery Customer).

12. Contractual Capacity
    12.1 In order to be eligible to enter into a contract with us to purchase goods through the website you must:-
        12.1.1 provide the required information including your real name, payment details including your card address; your delivery address if different from your card address; e-mail address and telephone number;
        12.1.2 be over the age of 18.

13. Invalidity
    If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of these terms and conditions will not be affected.

14. Law
    These terms and conditions shall be governed by and construed in accordance with British law and you hereby agree to be subject to the jurisdiction of the Courts of England and Wales. All contracts are concluded in English.

15. Data Protection and Privacy
    Information you provide to us remains confidential. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully and in accordance with the Data Protection Act 1998. We collect information about you for two reasons: firstly, to process your order and, secondly, to provide you with the best possible service. You specifically authorise us to transmit information to or to obtain information about you from third parties (including, but not limited to, your debit or credit card number), to authenticate your identity, to validate your debit or credit card and to authorise the transaction. You acknowledge that you consent to the processing of such information. Click here for details of our Privacy Policy, the terms of which you acknowledge and agree to be bound by. Should you wish to contact us regarding our Privacy Policy please do so (for details see the "contact us" page of the Website).

16. Entire Agreement
    16.1 These terms and conditions together with our current website prices, delivery details, contact details and Privacy Policy set out the whole of our agreement relating to the supply of goods to you by us.
    16.2 Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us.
    16.3 Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

B. INTELLECTUAL PROPERTY RIGHTS

The content of this website is Copyright © Childrens Bed Shop (or its third party licensors). You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us (or our licensors). You may not copy, reproduce, change, modify, license, transmit or sell any material or content contained herein and you are permitted to use this material only as expressly authorised by us (or our licensors).

C. DISCLAIMER

Childrens Bed Shop is providing this Website on an "as is" basis and makes no representations or warranties of any kind, whether express or implied, in relation to this Website, or its contents and disclaims all such representations and warranties. In addition, Childrens Bed Shop makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information on this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of Childrens Bed Shop howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

Neither Childrens Bed Shop nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Childrens Bed Shop accepts no liability for any information or content contained in external third party websites which link to or from this Website.

Notwithstanding the a foregoing, none of these exclusions and limitations are intended to limit any rights you may have as a consumer under local or other statutory rights.