TERMS AND CONDITIONS OF SUPPLY
It is important to read and understand these Conditions before placing your order.
By placing your order, you agree to be bound by these Conditions.
1. INFORMATION ABOUT US
1.1 www.endrauncebeds.co.uk is a site owned and operated by Bedcare Limited T/A Endurance beds (we). We are registered in England and Wales under company number 09500277 with our registered office and main trading address at Bedcare Ltd, West Holme Nursery, 65 Station Road North, Walpole Cross Keys, King's Lynn, Norfolk, PE34 4HB, United Kingdom.. Our VAT number is 144 9309 04.
2. SERVICE AVAILABILITY
It is prohibited to access our site from territories where its contents are illegal or unlawful. If you access this site from a location outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
3. 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.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Orders for any of the Goods listed on our site may be placed by you by telephone, email, or via our site. After placing an order, you will normally receive an e-mail from us confirming acceptance of your order, although for orders placed by telephone, your order may be verbally accepted by us at the time that it is placed. Acceptance either verbally or in writing pursuant to this clause 4.1 shall constitute confirmation of our acceptance of your order (Confirmation of Acceptance). The contract between us (Contract) will only be formed when you receive our Confirmation of Acceptance.
4.2 The Contract will relate only to those Goods confirmed in our Confirmation of Acceptance. We will not be obliged to supply any other Goods which may have been part of your order until such Goods have been confirmed in a separate Confirmation of Acceptance.
4.3 Each order for Goods by you to us will be deemed to be an offer by you to purchase Goods subject to these Conditions.
4.4 You must ensure that the terms of your order and any applicable specification are complete and accurate.
4.5 We reserve the right without prior approval from or notice to you to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements or which, in our reasonable opinion, do not materially affect the specification of the Goods.
4.6 These Conditions will be incorporated in the Contract to the exclusion of all other terms and conditions.
5. CONSUMER RIGHTS
5.1 For the purposes of these Conditions, you shall be contracting as a consumer if you are not acting for the purposes of your business, trade or profession in purchasing Goods from us. All other customers shall be contracting as business customers. If you are contracting as a consumer, you may cancel a Contract (without giving any reason for cancellation) at any time within the period:
(a) beginning upon the submission of your order; and
(b) ending at the end of 14 days after the day on which the Goods come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the Contract is for delivery of multiple Goods, lots or pieces of something, 14 days after the day on which the last of those Goods, lots or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them).
5.2 In order to cancel a Contract on the basis described in clause 5.1, you must inform us of your decision to cancel. You may inform us by means of any clear statement setting out the decision. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
5.3 You must send the Goods back to us or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this clause 5.3 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the Contract. You must pay the direct cost of returning the Goods.
5.4 If you cancel a Contract on the basis described in clause 5.1, you will receive a full refund of the amount you paid to us in respect of the order, including the cost of delivery to you.
5.5 If the value of the Goods returned by you is diminished by any amount as a result of the handling of those Goods by you beyond what is necessary to establish the nature, characteristics and functioning of the Goods, we may recover that amount from you up to the Contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a store will be "beyond what is necessary to establish the nature, characteristics and functioning of the Goods" for these purposes.
5.6 Unless we have offered to collect the Goods, we will process a refund due to you as a result of a cancellation on the basis described in clause 5.1 within the period of 14 days after the day on which we receive the returned Goods. If we have not sent the Goods to you at the time of cancellation or have offered to collect the Goods, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
5.7 You will not have the right to cancel a Contract on the basis described in clause 5.1 in respect of either of the following types of Goods:
(a) bespoke Goods (if the product is signed as 'damaged on delivery' then we will replace / repair the relevant parts)
(together, the Restricted Goods).
5.8 If you require clarification regarding the nature of the Goods which you wish to purchase, you should contact our sales office on 01553 401844 for details before placing your order.
6. AVAILABILITY AND DELIVERY
6.1 All Goods are offered by us subject to availability and we reserve the right to cancel any order placed by you if we have insufficient stock to deliver the Goods you have ordered.
6.2 Material finishes and product colours shown on our site are for illustrative purposes only and can vary when viewed on differing computer equipment. For this reason, we cannot guarantee that your computer monitor will accurately reflect the true colour and finish of the Goods.
6.3 The price of the Goods excludes delivery charges, which are detailed on the Delivery Information page of our site.
6.4 We offer the below delivery service(s):
DX (1 man) or Panther Home Delivery (2 man) gives the customer added delivery service options.
Delivery Service Options:
- 1 Man Standard Delivery (Mon-Fri) - FREE
- 2 Man Saturday with Take to Room Delivery - £45.00
- 2 Man Take to Room Only - £30.00
- 2 Man with Assembly - £50.00
- 2 Man with Disposal - £75.00
- 2 Man with Assembly & Disposal - £99.00
Assembly (Delivery Service Options): This is a delivery service provided by a fully trained third party company. We (Bedcare Ltd) cannot be held liable for any faults arising from assembly.
6.5 Notwithstanding any delivery times detailed in clause 6.4, in no event shall we be liable for any delay in delivering the Goods, howsoever caused.
6.6 We may deliver the Goods by separate instalments. Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle you to repudiate or cancel any other Contract or instalment.
6.7 We will deliver the Goods ordered by you to the address you give us for delivery when you place your order. It is your responsibility to ensure that the delivery address is accurate and complete; you must also ensure that there will be somebody to sign for and take delivery of the Goods upon delivery.
6.8 Any attempted delivery which is refused at the delivery address or which, through no fault of our own, cannot be delivered at the delivery address, will be returned. In this case a re-delivery charge will be applied. The amount of the re-delivery charge depends on the carrier used to effect re-delivery.
6.9 All Goods must be inspected immediately while the delivery driver is still present. If found to be damaged the Goods must be refused, otherwise claims cannot be entertained. Please write "Refused due to damage" on the consignment note and hand the Goods back to the driver.
6.10 Without prejudice to the provisions of clause 6.12, if we, acting reasonably, are satisfied that the deficiency in the Goods would not have been reasonably apparent to you upon delivery of the Goods to you, or that the deficiency in the Goods only manifested itself following delivery of the Goods to you, then the provisions of clause 9.1 (b) (ii) will apply.
6.11 In the event that you are in breach of the Contract, we reserve the right to refuse to supply you with any additional Goods, or to suspend the delivery of any Goods, without limiting any other remedy available to us. We may exercise this right until such time as the breach has been remedied, where such breach is remediable.
7. RISK AND TITLE
7.1 The Goods will be at your risk from the time that we dispatch the Goods to you. We shall not be liable for any damage occurring to the Goods during delivery, notwithstanding any liability placed upon us by these Conditions for damage to the Goods.
7.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including any applicable carriage charges.
7.3 If you are contracting as a business customer, ownership of the Goods will only pass to you upon:
(a) our receipt of the sums detailed in clause 7.2 above, together with
(b) all other sums which are or which become due to us from you on any account.
7.4 Until ownership of the Goods has passed to you, if you are contracting as a business customer, you must:
(a) store the Goods (at no cost to us) separately from all your other goods and any goods of any third party in such a way that they remain identifiable as our property;
(b) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods, maintain the Goods in satisfactory condition and keep it insured on our behalf for the full price of the Goods against all risks to our reasonable satisfaction. On request you shall produce the policy of insurance to us; and
(c) hold the proceeds of the insurance referred to in sub-clause (b) on trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
7.5 If you are contracting as a business customer, your right to possession of the Goods shall terminate immediately, if:
(a) you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
(b) you suffer or allow any execution, whether legal or equitable, to be levied on your property or be obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or you cease to trade, or you encumber or in any other way charge the Goods.
7.6 If you are contracting as a business customer and if:
(a) you are late in paying for the Goods; or
(b) you are late in paying for any other goods or services supplied by us; or if
(c) before title to the Goods passes to you, you become subject to any of the events listed in clause 7.5 (a) or (b), or we reasonably believe that any such event is about to happen and notify you accordingly, then:
(d) without limiting any other right or remedy we may have, we may at any time require you to deliver up the Goods and, if you fail to do so promptly, we may (during normal business hours and with or without vehicles) enter any premises of yours or of any third party where the Goods are stored or kept in order to recover them. You shall not keep the Goods at any premises other than such premises as shall be specified in writing by you to us prior to the dispatch of the Goods to you, or at any premises at which you do not have the right to grant access to us.
8. PRICE AND PAYMENT
8.1 The price of the Goods will be as quoted on our site from time to time, except in cases of obvious error.
8.2 All prices include any applicable VAT. Eligible individuals and eligible charities may claim VAT Exemption Relief on purchases.
8.3 Prices are liable to change at any time, but changes will not affect orders for which you have already received a Confirmation of Acceptance.
8.4 Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price we will charge the lower amount when dispatching the Goods to you. If the correct price of the Goods is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after you have received our Confirmation of Acceptance, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
8.6 We accept payment by Visa and Mastercard.
8.7 You can enter your payment details at checkout or phone our sales office on 01553 401844 to place your order.
8.8 As part of the order process, security checks may be applied and your card details, including your address will be checked. This process may include passing your details to a third party fraud checking company. From time to time, we may require further details before processing your order.
8.9 Payment can alternatively be made by Bank Transfer. Please call our sales office on 01553 401844 for bank details then please send payment with an order reference number.
8.10 Cheques are also accepted and must be made payable to BEDCARE LTD and sent to Bedcare Ltd, West Holme Nursery, 65 Station Road North, Walpole Cross Keys, King's Lynn, Norfolk, PE34 4HB, United Kingdom.
9. OUR REFUNDS POLICY
9.1 When you return Goods to us:
(a) because you are contracting as a consumer and you have cancelled the Contract between us within the period referred to in clause 5.1, we will process the refund due to you in accordance with the provisions of clause 5.6, subject always to the provisions of clause 5.7 ;
(b) for any other reason, returns will be subject to the following process:
(i) returns of non-faulty Goods by business customers under this clause 9.1 (b) (i) shall only be refunded or replaced without charge if you contact us within 2 Working Days of receipt of the Goods, informing us of your wish to return them. The Goods must be returned in accordance with our standard authorisation procedure (contact our sales office on 01553 401844 for details). Without limitation, you must take reasonable care of the Goods in your possession and the Goods must be returned at your risk, in the same condition in which you received them and securely re-packed in their original packaging. A handling charge of 15% of the invoiced value of the Goods plus the delivery and return carriage costs will be levied. There will be an additional charge for repackaging if the original packaging is not in a suitable condition for re-stocking. Any non-faulty Goods which are Restricted Goods may not be returned;
(ii) without limiting any of the provisions of clause 6.9 and subject to the provisions of clauses 9.7-9.12 which relate to individual product guarantees, if you wish to return Goods to us because they are damaged or defective, or do not materially conform to their specification, any such damage, defect or nonconformity must be notified to us as soon as possible, but in any event within 14 days of receipt of the Goods and no further use of the Goods must be made following discovery of the damage, defect or nonconformity. We will examine the returned Goods and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the damaged, defective or nonconforming Goods. Goods returned by you because of damage, defect or nonconformity will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.3 You have an obligation to take reasonable care of the Goods whilst they are in your possession. The consequences of failing to discharge this obligation with respect to any Goods to which clause 9.1 (a) applies are set forth in clause 5.5; we may also, at our discretion and without limitation, refuse to refund, repair or replace any Goods to which clause 9.1 (b) applies if we consider that you have failed to discharge this obligation.
9.4 In accordance with clause 9.3, you must not make any improper use of, or make any unauthorised modifications or repairs to, the Goods, and you must otherwise take reasonable care to avoid any risk of damage occurring to the Goods by any means.
9.5 Notwithstanding those provisions of clause 10.1 (a) which relate to Goods being reasonably fit for purpose, unless otherwise agreed by us in writing in any particular instance, you shall be solely responsible for selecting Goods which are suitable for use for the specific purpose for which they are to be used.
9.6 For the avoidance of doubt, if any failure to discharge the obligation in clause 9.3 results in any loss or damage pursuant to clause 10, any such loss or damage may be considered as having been caused by you or contributed to by you.
9.7 Most Goods are guaranteed for 12 months or more. The guarantee period is stated on each individual product page.
9.8 The guarantee period runs from the purchase date of the Goods.
9.9 The guarantee covers the use of the Goods for those purposes for which the Goods would normally be used and any use of the Goods beyond what would reasonably be considered to constitute normal use will invalidate the guarantee.
9.10 The guarantee will also be invalidated if the weight-bearing capacity of the Goods is exceeded; please see our product pages and the Weight Guide page of our site for further information.
9.11 You should note that the guarantee relating to mattresses does not cover normal changes in hardness or softness of the mattress, but rather covers physical defects and changes which cause a visible, permanent indentation of more than 3cm in depth in the mattress material.
9.12 For the avoidance of doubt, any breach of clause 9.3 or clause 9.4 by you shall invalidate any guarantee offered by us.
9.13 For any compensation claims not covered in our terms and conditions, reimbursements are capped at between 2.5% - 7.5% of the product ordered price for the particular affected product. The actual rate is set by us and is dealt with on a case-by-case basis.
10. OUR LIABILITY
10.1 If you are contracting as a consumer:
(a) we warrant to you that any Goods purchased from us through our site are of satisfactory quality and reasonably fit for all of the purposes for which goods of that kind are commonly supplied; but
(b) we shall only be liable to you for:
(i) losses that are caused as a result of any breach of Contract by us (up to the value of the purchase price of the Goods you purchased); and
(ii) losses that are caused as a result of our negligence; and
(c) we shall not be liable for any loss pursuant to clause 10.1.(b) if:
(i) any such loss is not foreseeable. Losses are foreseeable if they could have been contemplated by both of us at the time that your order was accepted by us; or
(ii) any such loss (or any part thereof) was caused by or contributed to by your breach of any of these Conditions; and
(d) for the avoidance of doubt, we shall not be liable for any indirect losses which happen as a side effect of the main loss or damage, and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) howsoever arising and whether caused by breach of contract, negligence, or otherwise.
10.2 If you are contracting as a business customer:
(a) all warranties, representations, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law;
(b) without limiting the generality of clause 10.2.(a), we shall not be liable to you if any monies due from you to us have not been paid in full;
(c) without prejudice to any of the provisions of this clause 10.2, we shall have no liability to you for any:
(i) consequential losses;
(ii) loss of profits and/or damage to goodwill;
(iii) economic and/or other similar losses;
(iv) special damages and indirect losses;
(v) business interruption, loss of business, contracts and/or opportunity; and/or
(vi) inconvenience, delay or loss of production;
(d) without limitation to any of the foregoing, our aggregate liability to you (whether for breach of Contract or for negligence or otherwise howsoever), for any loss or damage of whatsoever nature and howsoever caused, shall be limited to and in no circumstances shall exceed the price of the Goods purchased from us; and
(e) without limitation or prejudice to any of the foregoing, you shall indemnify and hold us, our partners, affiliates, officers and their employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising from any breach of the Contract by you, or the infringement by you, or anybody else using your account, of any intellectual property or other right of any person or entity.
10.3 Nothing in these Conditions shall exclude or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, 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 clause does not affect your statutory rights.
All notices to us shall be in writing and shall be made either via e-mail or post to the addresses in the Contact section of our site. We may broadcast notices or messages through our site or contact you by email and notification by either of these methods shall constitute notice to you.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 Any Contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You shall not assign or delegate all or any of your rights or obligations under the Contract without our prior written consent, such consent not to be unreasonably withheld.
13.3 We reserve the right to assign, subcontract or transfer all or any of our rights and obligations under the Contract to any person, firm or company without notice to you.
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 the 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, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; or
(f) the acts, decrees, legislation, regulations or restrictions of any government.
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.
15.1 If we fail, at any time during the pendency of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any of these Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Conditions.
18. OUR RIGHT TO VARY THESE CONDITIONS
18.1 We have the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
18.2 You will be subject to the policies and Conditions in force at the time that you order Goods from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before you receive our Confirmation of Acceptance.
19. LAW AND JURISDICTION
The Contract will be governed by English law. Any dispute arising from, or related to, the Contract shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales.