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By purchasing through this website you agree to be bound by the Terms and Conditions laid out below.
These terms and conditions apply to online transactions only and do not apply to any purchases made in a store.
These conditions do not affect your statutory rights as a Consumer.
Definitions:
"Buyer" means the Consumer who buys or agrees to buy Goods on this website from buymybed.
"Goods" means all products listed on the order and the order confirmation e-mail
"Consumer" has the meaning given in section 12 Unfair Contract Terms Act 1977
"Delivery" means the delivery of the Goods to the delivery address specified on the order.
Risk and Ownership:
The Goods shall be at the Buyer's risk once delivery has taken place. The Buyer must take all reasonable care of the Goods. Should the Goods be returned to John Gregory Ltd having been damaged while in the Buyer's care, the cost of such damage will be recovered from the Buyer.
Ownership of the Goods will only pass when cleared funds have been received from the Buyer, regardless of whether delivery has taken place.
Limitations of Liability:
Our total liability in regard to the performance of this contract shall be limited to the value of the Goods.
John Gregory Ltd shall not be liable for any direct, indirect or consequential losses, costs or expenses incurred or any consequential compensation arising out of the performance/or non performance of this contract.
Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation or any other liability which may not otherwise be limited or excluded under applicable law.
All contracts shall be governed by English Law
Any order placed by the Buyer and accepted by John Gregory Ltd is subject to the following terms and conditions unless specified in writing by a Director of John Gregory Ltd
A confirmation of your order will be sent automatically by e-mail and, unless you are notified to the contrary within 48 hours of this confirmation, the order will be deemed to be accepted by John Gregory Ltd .
John Gregory Ltd retains the right to refuse any order that is subject to an error on its website and will in these circumstances reimburse the Buyer in full.
Fraud Prevention:
John Gregory Ltd retains the right to investigate any order placed on this website that it suspects to be fraudulent, any such order will not be delivered until it is proven that the order is bona fide. Should John Gregory Ltd be unable to prove that an order is bona fide or to contact the Buyer then the monies will be refunded to the original card used to place the order and the order will be cancelled.
For your protection, to ensure that your credit, debit or charge card is not being used fraudulently, we will validate your name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. Please be assured that this is only done to confirm your identity. A credit check is not performed and your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
Description of goods:
The description of the goods will be as specified within the confirmation e-mail and it is the Buyers responsibility to check that the Goods specified are as the Buyer intended to order.
There may be certain items included in the illustration of a product which are not part of the product and are not included in the product description and are not part of the order, (for example, bedside tables, lamps and bedcovers).
Payment:
Full payment is required at the time the order is placed and John Gregory Ltd will collect the payment from the debit/credit card details supplied.
All Prices and charges on this site are in U.K. pounds and include any V.A.T payable at the prevailing rate.
Delivery:
Delivery will normally take place within the timescales estimated on the order acknowledgement (and in any case within 60 days), however this is only an estimate and time shall not be the essence of any order. Some products for Northern Ireland customers may occasionally take longer due to the logistics of supply.
Some smaller Goods may be delivered by post or courier and certain ranges of bedroom furniture will be delivered direct by the supplier.
John Gregory Ltd operates a fast paced transit warehouse and is therefore unable to hold goods for Buyers. Delivery must be arranged within 5 days of the goods arriving at our distribution warehouse. buymybed retain the right to charge storage at £5 per week for Goods that are not delivered within two weeks of receipt into our warehouse (Maximum £50 per order).
buymybed standard delivery charge for online purchases is £32. Where the Goods cannot be delivered on the day arranged due to the fault of the buyer, John Gregory Ltd retains the right to charge a further £32 for "re-delivery" to cover costs incurred. This charge will be taken from the debit/credit card used to purchase the Goods.
If John Gregory Ltd has failed to deliver the Goods within 30 days of the order date due to its own neglect (on either stock or special items) then the Buyer may either cancel the contract without penalty or John Gregory Ltd will pay £5 for each complete week any item (over £250) is further delayed (Maximum payable £50 per order).
Certain bedroom furniture ranges are only currently available in mainland England, central Scotland and Wales unless otherwise agreed in advance with John Gregory Ltd . If you reside outside this area please call us on 01244 555555 and we may be able to supply depending on your exact location and requirements.
Delivery is officially to the front door only but Goods may be taken to the room of choice at the driver's discretion if access is clear.
Most Goods will require some form of assembly and it is the Buyer's responsibility to assemble the Goods.
Delivery will only be made to the delivery address specified on the original order.
Delivery will be deemed to have taken place when the Goods have been delivered to the agreed address (John Gregory Ltd do not need to satisfy themselves that the person accepting delivery at the agreed address is authorised by the Buyer to accept the Goods)
Guarantees:
All Goods are guaranteed against faulty materials and workmanship for a minimum period of twelve months from the date of delivery.
Terms & Conditions
This agreement applies only to divan sets and mattresses and is supplementary to the manufacturer’s guarantee which must always be used before claiming.
WHAT IS PROVIDED?
• A repair service in the event of a functional failure of the goods not related to normal wear and tear of usage
• A repair service without charge up to a cost equal to the original purchase price paid for the product
• All repairs are provided by buymybed and Warranty Logistics Management approved repair agents
• If we decide your product cannot be repaired or is uneconomical to repair, we will replace it with the same product. Should that specific product no longer be available we will provide an alternative product of equivalent specification or make a money allowance
• Call 01244 555555 and we will assist you in arranging authorisation for repair
WHAT IS NOT BEING COVERED?
• Use other than domestic, excessive soiling or unsanitary condition
• Deliberate damage or misuse including the manufacturer’s instructions not being followed
• Accidental damage, incorrect or faulty installation
• Damage due to weather such as lightning, flooding and high winds
• The cost of materials and labour charges for which the manufacturer is held responsible under the terms of any guarantee or warranty
• Normal ageing or wear and tear including mattress settlement and “dipping”
• Work for which the manufacture has recalled the product
• Loss of or damage to accessories
• Noises caused by the use of the product
• Damage caused by foreign objects or substances not normally associated with the product
• Repairs carried out by the persons not authorised by us or without prior approval
• Any routine maintenance, cleaning, realignment, modification, installation, or transit
• Any loss suffered as a result of not being able to use the product or any loss other than the repair and/or replacement cost of the product
• The expense of a service call when no fault has been found with the product
LIMITATIONS
• The services will be provided for products bought and used in the UK, the
Isle of Man and the Channel Islands
• This agreement shall be governed by and construed in all respects in accordance with the laws of England and each party hereby submits to the non-exclusive jurisdiction of the English Courts
• This agreement is non-transferable
• If payment or replacement is made because the product is considered uneconomical or not possible to repair, the agreement ceases and we retain the right to take possession of the product/dispose of it
• We will not be responsible for the failure to carry out our obligations under
this agreement if this is caused by circumstances outside our reasonable control
• You may be asked to provide proof of purchase upon claim request
Refunds:
Refunds on Goods cancelled prior to delivery will be made as soon as possible following written notification of cancellation and in any case will not exceed a period of 30 days of that written notice. All refunds will be made onto the same card used to make the original purchase.
Refunds on Goods already delivered will take place as soon as possible following the collection, return and inspection of such goods and in any case will not exceed a period of 30 days following that collection/return.
Cancellation:
The Buyer may cancel the goods at any time within the cancellation period by giving John Gregory Ltd notice of the cancellation in writing or in another durable medium.
Cancellation period
Stock Items
(Delivery 7 – 14 days)
Any time up to seven working days following the delivery of the goods.
Special Items
(Delivery 14 – 28 days)
Goods that are not held in stock by John Gregory Ltd and are ordered and/or manufactured specifically for the Buyer cannot be cancelled once the order has been accepted by John Gregory Ltd .
Due to the intimate nature of Beds, mattresses, pillows, mattress protectors, duvets etc, these items are exempt from the statutory 7 day cooling off period under the Distance Selling Regulations when they have been unsealed. Therefore, for reasons of health and hygiene any beds, mattresses or bedding that has been unsealed will be deemed to be used and cannot be returned for any reason other than a manufacturing fault.
The Buyer must retain the Goods and take good care of them until they are collected by John Gregory Ltd or their agents.
The Goods must be unused, made available for collection and be in the original packaging and in the original condition at a time requested by John Gregory Ltd (this request not to exceed 21 days from the cancellation date)
There is a collection charge of £32 for John Gregory Ltd to collect the Goods or the Buyer may return the Goods (at the Buyers cost) and unused, to us at John Gregory Ltd Hallens Drive Wednesbury West Midlands in the original packaging and in the original condition, the collection charge will be deducted from the refund value and the original delivery charge is non refundable.
Should the Goods not be adequately packaged at the time of collection then they will not be collected and John Gregory Ltd retain the right to charge a further £32 for "re-collection" to cover costs incurred. The "re-collection" charge will be deducted from the refund value.
Following collection or return, should Goods be found to be damaged (not in their original condition), and the Damage is not the result of our actions or negligence, John Gregory Ltd will deduct a reasonable amount from the refund to cover such damage. (such amount not to exceed the price of the Goods).
Should the buyer unreasonably fail or refuse to make the Goods available to us when requested within 21 days then the Goods must be kept and good care taken of them until they are collected or returned.
No refund shall be made until the Goods have been collected/returned and inspection made as to their condition. |
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