- Terms and Conditions - Childrens Bed Shop
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Last Updated: 23 October 2018
Welcome to the ChildrensBedShop.co.uk 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.
ChildrensBedShop.co.uk (“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 email@example.com or call us on (0191) 654 2030 between our office opening hours of 9am and 5pm Monday to Friday.
Our orders are delivered using several levels of delivery service. Assistance may be required and it is important that an able body is available to accept delivery, aged 18 years +.
If your delivery is being made between 8am – 6pm, Monday – Friday, our couriers do not provide a time slot, so please choose a day when someone is available all day. There are no exceptions to this all day delivery service, such as, for the school run. We are unable to make contact with the drivers on the day of delivery with any special requests. Prior to despatch, we can advise the delivery service of a safe dry place where the order can be left, at your authorisation. Please note, that we cannot accept liability for items that have been left unattended.
PLEASE CHECK THE CONDITION & NUMBER OF PACKAGES BEFORE SIGNING THE COURIER'S CONSIGNMENT NOTE. We cannot accept liability for missing packages if they have been signed for as received. If there is indication of damage to any packages, please sign for as 'Damaged'; DO NOT SIGN AS 'UNCHECKED'.
If any damage is found, you have 14 calendar days from the day after delivery to email photographs of the packaging & any affected products. We cannot accept responsibility for any damages reported later than this.
In the unlikely event that you have a faulty product, DO NOT ASSEMBLE the product. Instead, please email us within 14 calendar days of delivery with a photograph of the issue & we will proceed accordingly to these Terms and Conditions. We cannot accept liability for any item which has been assembled.
- REFUNDS/ RETURNS
Orders can be cancelled and refunded in full, including delivery costs, where applicable, up until 48 working hours before the confirmed delivery date.
If the cancellation request is within the 48 working hours, the order would incur a failed charge*.
After delivery should you change your mind, we must be notified in writing within 14 calendar days from the day after delivery that you wish to return it. We would advise that the original packaging is used for returns. We cannot refund items which have been part or fully assembled, so please consider the dimensions provided before placing an order. Please note that for hygiene reasons, we cannot accept the return of mattresses.
Returns are at the customers expense and responsibility. If products are returned damaged, it is at our discretion if a part refund will be offered or if the item should be returned to you at your own cost.
A. PURCHASE OF PRODUCTS
1. How to create the Contract between yourself and ChildrensBedShop.co.uk:
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 ChildrensBedShop.co.uk 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.
1.5.1. All descriptions, images, colours and specifications are for the sole purpose of giving an approximate description of the products. ChildrensBedShop.co.uk and its online team will not be held responsible for information provided regarding a product or service.
1.5.2. Mattress ticking may be changed from time to time, depending on raw materials available. All mattresses displayed on our website are for illustration purposes only.
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.
1.6.1 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. In some cases we may require further identification if your order is showing as “medium risk” or “high risk” transaction. If the identification provided to us is not satisfactory, then we have the right to hold your order up to 8 weeks, or decline the sale.
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.
2.1 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. You are under an obligation to pay for your order at the point when the order is placed.
2.2 If you have chosen to pay by cheque, please make the cheque payable to Efurn Limited, and then send payment in full to our office address: ChildrensBedShop.co.uk, 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, you can opt to pay a deposit by card. Orders under £300.00 will require paying a 20% deposit, and orders over £300.00 will require paying a 10% deposit. All deposits are non-refundable. This is not a finance option and no interest is charged while waiting for your goods. The balance outstanding must be paid in full before the order can be processed for delivery. 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 sterling. 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 firstname.lastname@example.org where we can change this for you. Changing a delivery address may alter the delivery lead time. Once a delivery date has been confirmed, changing the delivery address may not be possible. If we are able to change the delivery date, and the delivery date has been acceted and confimed, then a £15.00 charge will be applied.
4.2 We offer the following services:
4.2.1 We offer a free, one person, standard delivery service throughout the mainland of the UK. only (£20.00 charge for deliveries to remote area postcodes). Our free, one person, standard delivery service is an all-day service, between the general working hours of 8am – 6pm. The delivery service will only deliver your goods to your door step at ground level. With this service, we are unable to provide a time slot for delivery, and the delivery team are also unable to call prior to delivery taking place. Assistance may be required.
4.2.2 We offer an upgraded, one person / two person, timed delivery service at a supplement charge of £9.95 per order (£29.95 for deliveries to remote area postcodes) – you will be offered this service at the time of checkout. With this service, you will be given a dedicated 4 hour time slot, as well as a call 30 minutes prior to delivery on the day of delivery. The delivery driver will only deliver your goods to your hall way/passage, or to the ground floor. Assistance may be required.
4.2.3 We offer a premium, one person / two person, “Room of Choice” delivery service at a supplement charge of £19.95 per order (£39.95 for deliveries to remote area postcodes) - you will be offered this service at the time of checkout. With this service, you will be given a dedicated 4 hour time slot, as well as a call 30 minutes prior to delivery on the day of delivery. The delivery driver will deliver your goods to a room of your choosing. Conditions will apply based on access to the room of your choosing. Assistance may be required.
* Remote area postcodes include: SA, KW, IV, AB, DD, PA and PH.
4.2.4 We offer customer collections, where you can come and collect the goods from our premises. You must inform us that you intend to collect your order. We will contact you when your goods are ready for collection. You must give us up to 48 hours notice to let us know when you will be coming to collect your order. If the goods do not fit in the vehicle, then we may be able to arrange delivery with the transport company.
4.2.5 "Day of Choice" and "Next Day" Deliveries.
DAY OF CHOICE* - We offer a free, one person, "Day of Choice" delivery service to selected UK Mainland addresses in England, Wales and Scotland, on a weekday of your choosing. Our free, one person, day of choice delivery service offers the delivery of your goods to your door step at ground level. This standard delivery service is an all day delivery service, between the hours of 8am - 6pm. Assistance may be required.* Selected products only.
NEXT DAY* - We offer a free, one person, "Next Day" delivery service to selected UK Mainland addresses in England, Wales and Scotland. Our free, one person, next day delivery service offers the delivery of your goods to your door step at ground level. This standard delivery service is an all day delivery service, between the hours of 8am - 6pm. Assistance may be required. *Selected products only. Order before 11am, and receive delivery the next working day*. Or if ordered on or after 11:01am, then the order will be processed the next working day, for delivery the following working day. * Working Days: Monday – Friday. (not including Bank and Public Holidays).
We are unable to offer "Day of Choice" and "Next Day" delivery to the following postcodes. Delivery to these postcodes will be on an Economy Service, estimated between 2-3 working days. We reserve the right to amend postcodes without notice.
AB 1-9, 13, 14, 21-22, 23, 30-45, 1-56, IV 1-56, FK 19-21, KW 1-14, PA 20-39, PH 11-40.
4.3 We are unable to offer deliveries to Northern Ireland and the Republic of Ireland, Orkney and the Shetland Islands, Isle of Wight, Isle of Man, Guernsey and Jersey. We are also unable to carry out deliveries to 3rd party carriers, should you wish to arrange your own transit to the above areas. We are sorry for any inconvenience this may cause.
4.4 We aim to deliver your furniture within the time quoted on our website when you place your order. Please see our “Lead Times” page for estimated times of delivery. 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.
4.5 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 dependent on suppliers, shipping, freight and many matters which our beyond our control. These times are based for delivery of orders throughout the UK. Mainland. Parts of the UK Mainland are classed as "Postcode Surcharge" areas with our transport company, and therefore delivery lead times can be extended (parts of the UK mainland affected include HR, KW, DD, CT, EX, IV, PA, TR, DT, AB, NR, PL, LD, PH, SA, TQ, BH, LL and DG postcodes).
4.6 Once the transport company have received your goods, they will contact you to confirm a delivery date, with up to 5 days advance notice (excluding 24 – 48 hour orders). You will be given a date for delivery from our transport company which can be accepted or declined. Should the delivery date be declined for any reason, a new date will follow but a delivery date can take up to 7 working days. Where you have agreed a delivery date with our transport company in advance, but you are not available to receive delivery on the accepted date or wish to cancel the order, we reserve the right to charge for re-delivery or the cancelled delivery slot to cover the cost of the failed delivery. You will be contacted to pay this additional delivery charge for re-delivery before the new delivery date is arranged. If the decision to cancel the order is made after the original delivery date has been confirmed, then this amount will be deducted from the refund amount. Arranged delivery slot cancellations or order cancellations must be confirmed at least 48 working hours (Monday - Friday, between 9am-5pm) prior to the accepted delivery date. If we arrange delivery using our all-day overnight delivery courier, delivery will be using an all-day service. If you are out when the delivery team arrive, they will leave a calling card with a contact number for you to call them and arrange delivery at a future date.
4.7 All deliveries must be signed for. Please check the goods, or at least the packaging, on arrival making sure you are fully satisfied before signing. In the unlikely case of fault or damage please sign for the goods as damaged and register this with the driver. Please do not sign your order as being unchecked.
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.
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 contact us by e-mail or on +44 (0) 191 654 2030 between 9am – 5 pm Monday to Friday.
6. Cooling Off Period
6.1.1 You are entitled to a statutory cooling off period beginning from the date you placed your order and ending 14 calendar days from the day after the item was delivered, as per the Distance Selling Regulations and the Consumer Rights Directive. To confirm, this means that you (the buyer) has 14 calendar days to let us know if you wish to return an item. 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, flat pack furniture which has been assembled, part-assembled, or removed from the box, and special order or bespoke items ordered.
6.1.2 If you wish to return your order, then you are responsible for returning the goods back to ChildrensBedShop.co.uk - this is at your cost and we may not be able to arrange this for you. You (the buyer) have an additional 14 calendar days from when you let us know to actually returning the item or provide proof of the return. Refunds will be processed within 14 calendar days or less of receiving the returned item(s). If we can arrange a collection using our transport company then with your consent, we will arrange this for you, but it will be at your cost. If we can arrange the return for you using our own transport connections, then we will provide you with the cost prior to collection. It is then your responsibility to confirm whether you wish for us to arrange the return. The return will not be actioned without your prior consent. Return costs using our own transport connections are dependent on type of item(s), total weight and collection postcode.
6.1.3 If a return has been arranged by us, and you are not there for the courier to collect the goods, then this service will still be chargeable. We ask that you return the goods back in the original packaging taking care to reseal the box so we are able to resell. Please note if the goods are delivered to us from you 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 14 calendar days or less 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 14 calendar days or less of your cancellation being accepted. 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 can have the option to cancel the delivery or refuse the goods at the time of delivery. This means that the goods will be returned back to us; however, we reserve the right to charge for this cancelled delivery to cover the cost of the failed delivery.
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 14 calendar days or less 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 order and store the item until you are able to recover them - we will also charge the collection fee.
6.7 We do not accept returns on part or fully assembled flat pack items which have been opened, or any mattress which has been removed from its original 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 email@example.com with pictures detailing the damages. You must contact us within 14 calendar days of delivery of the goods if you wish to report delivery of defective goods. Upon receipt of an email and pictures, every effort will be made to resolve your issue(s). If you refuse to send in pictures detailing the damages, then we will not be held responsible to co-operate.
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. If you are not prepared to wait until the damaged parts are replaced, then we will not be held responsible to provide compensation for damaged goods.
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 due to manufacturing defects, 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 you any sum paid by you to us in respect of the contract as soon as possible, and in any event within 14 calendar days or less of the cancellation of your order. We will not be obliged to offer any additional compensation for any inconvenience or 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 firstname.lastname@example.org, 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. We do not have a legal duty to provide any form of financial compensation for any inconvenience caused with your order.
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.
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.
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
We collect information about you for the following reasons: to process your order, to pass individual contact details such as name, company name (if applicable), address, contact number and email address supplied during the ordering process to necessary third parties, to include suppliers and/ or delivery companies in order to confirm delivery bookings, and, to provide you with the best possible customer service. Once we have fulfilled an order, we process personal data for the purposes of direct feedback marketing, to include Feefo. We will not pass your data to any third parties for the purposes of third party marketing.
16. Entire Agreement
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 © ChildrensBedShop.co.uk (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).
ChildrensBedShop.co.uk 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, ChildrensBedShop.co.uk 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 ChildrensBedShop.co.uk howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Neither ChildrensBedShop.co.uk 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.
ChildrensBedShop.co.uk 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.