Terms

This page contains information on the Terms and Conditions for purchases from TV Bedstore, trading as TV Bedstore.co.uk. Carefully read these Terms and Conditions, which will apply if you wish to proceed with the purchase of any product from TV Bedstore.co.uk.

TV Bedstore.co.uk may, at its discretion, make changes, modify, add or remove these terms at any time.

Please check these terms periodically for any changes and print off a copy to keep for reference.

By using or accessing this website and/or placing any order(s), you agree to be legally bound by these terms and conditions.

Nothing in these terms and conditions affects your rights as a consumer.

1.0 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 TV Bedstore.co.uk

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 “Address” refers to the address for TV Bedstore. The address is: Unit 8, Stewart Street, Bury, BL8 1SF

1.9 “Consumer” shall bear the meaning given in Section 12 Unfair Contract Terms Act 1977.

1.10 Contract” refers to any contract between the Buyer and TV Bedstore.co.uk for the sale and purchase of Products incorporating these conditions, whether completed electronically through this website or via other means.

1.11 “Delivery Place” refers to the delivery address as specified by you, the Buyer, in the Order.

1.12 “Order” refers to your offer, as the Buyer, to purchase Products that you place with TV Bedstore Company Limited, whether electronically or via other means.

2.0 Conditions applicable

2.1 Nothing in these conditions shall affect the buyer’s statutory rights as a consumer.

2.2 Each order that the Buyer places shall be deemed to be an offer by the Buyer to purchase Products from the Seller, subject to these conditions.

2.3 Each 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.

2.4 If 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.

2.5 The 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.

2.6 Any typographical or clerical error or omission 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.

2.7 If 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.

2.8 If 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.

3.0 Description of Products and Pictures

3.1 All sizes quoted are approximate.

3.2 The quantity and description of the Products shall be set out in the Seller’s confirmation.

3.3 The 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.

3.4 Display products are examples of the finished product and goods are supplied on the understanding that there may be slight variances in colour, finish, shade and grain particularly on wooden and metal products.

3.5 Raw materials may have minor technical variances and products may differ marginally from the goods shown. Any changes made will be of an equally or higher standard.

3.6 The weights, dimensions and capacities of products given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.

3.7 Photographs provided on the website are for illustrative purposes only and may not exactly match the Product itself. Unless stated any extra products/items in any product photograph that that has been not specified for sale in the description of the Product is for illustration purpose only.

4.0 Price and Payment

4.1 The Contract price for the supply of Products shall be as set out in the Confirmation.

4.2 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.

4.3 If 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.

4.4 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.

4.5 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.

4.6 Payment of the Price shall be due at the date of the order unless agreed with the Seller

4.7 If the Buyer does not pay the Price on notification of shipment the Seller may bring an action for the Price even though property in the Products has not been passed to the Buyer.

4.8 If the Buyer fails to make payment within Seven days without notice to the Seller as required the Seller will suspend delivery of the Products or any further Products ordered until payment is made in full and funds have been cleared. There will be no delivery until cleared funds have been received.

4.9 Payment 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.

4.10 All prices quoted include VAT at the prevailing rate. Should government legislation regarding VAT change prior to the delivery of the goods we reserve the right to impose any increase charges in respect of VAT.

4.11 As mentioned in the Return Section should the buyer wish to return there purchase for any reason they may do so at their own cost or they may ask the Seller to collect which will be based upon the direct cost to recover the goods and this cost will be deducted from the Buyer’s refund.

4.12 Where 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 £25 to cover the cost of the failed delivery and rearrangement of a new date.

5.0 Delivery of Goods

5.1 Only once the Buyer has paid the full amount for the Purchase shall the Delivery of the Purchase be arranged with the Buyer.

5.2 Final delivery charges will be confirmed before despatch and processing of the Order.

5.3 We endeavour to arrange a Delivery date to suit the Buyer. Delivery is an all day service and the Buyer must be available to receive the purchase as agreed.

5.4 Delivery of the goods shall be made by the Seller or their agent for delivery to such place as the Buyer may specify at the time the order is placed.

5.5 Where a delivery date has been agreed with the Seller’s carrier but the Buyer isn’t present to receive the delivery, the Seller reserves the right to charge the Buyer a minimum of £25 to cover part of the cost of the failed delivery.

5.6 The Seller shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.

5.7 The Seller will deliver only to the main entrance of the Buyer’s property and will not place the Goods in the Buyer’s room of choice

5.8 Delivery charges do not include unpacking or assembly.

5.9 If the Buyer requires delivery to an apartment or flat, the Seller will only deliver to the lobby of the building.

5.10 The Seller shall not be liable for any delay in delivery howsoever caused.

5.11 Generally, where an order contains more than one item, all items will be delivered at the same time once all items are available.

5.12 Delivery of goods will be deemed to have taken place when they are taken from our vehicle at your chosen delivery address.

5.13 Please inspect all goods on delivery and before acceptance advise us or confirm with the Delivery Persons of any visible damage. See Acceptance of Product on Delivery for further information.

5.14 In the rare event that the Goods have arrived damaged, contain a manufacturer’s defect or parts are missing, the Buyer must inform the Sellers Customer Services Department within 48 hours of receiving delivery. The Seller reserves the right to request photographic evidence to be provided on behalf of the Buyer.

5.15 Any liability to the Seller for the non-delivery of Products shall be limited to replacing the Products within a reasonable time or issuing a respective credit note/ refund raised for such Products.

5.16 The quantity or content of any consignment of Products as recorded by the Seller upon dispatch shall be conclusive evidence of the quantity or content received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.

5.17 If 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.

5.18 Deliveries made to business addresses will have the customer’s authority for anybody in the building to accept goods on the customer’s behalf. TV Bedstore.co.uk will accept no responsibility once the goods have been signed for at the requested address.

5.19 We 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.

5.20 All goods must be signed for; we are unable to deliver to unattended premises or outside of customer addresses.

5.21 All orders for delivery to addresses within mainland GB are delivered free of charge, except to AB, DD, FK, IV, KY, KW, PA, PH postcodes where there will be an additional charge which will be advised by the Seller prior to the Buyer’s order confirmation.

5.22 For delivery to Northern Ireland, Isle of Man, Isle of Wight, Scottish Islands and Channel Islands the Seller will deliver free to a nominated mainland GB address e.g. a port. Onward shipping from that point is the responsibility of the Buyer.

6.0 Acceptance of Delivery

6.1 It is the responsibility of the Buyer to check and ensure that the Products are all present and undamaged on acceptance and before signing Proof of Delivery.

6.2 In the rare event that the Goods have arrived damaged, contain a manufacturer’s defect or parts are missing, the Buyer must inform the Sellers Customer Services Department within 48 hours of receiving delivery. The Seller reserves the right to request photographic evidence to be provided on behalf of the Buyer.

6.3 Other than where the Buyer acts as a Consumer the Buyer shall be deemed to have accepted the products seven days after delivery to the Buyer.

6.4 After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.

7.0 Cancellation & Return Policy

7.1 An ‘Administration Fee’ for cancellations and returns will be charged at 5% of the total order value. *The Buyer must note that for cancelling a ‘made to order’ item which includes Divan Beds, Futons / Sofa Beds, Jay-Be Guest Beds, Mattresses and Upholstered Headboards, there will be an additional 50% fee of the item value unless the order is cancelled within 2 working days of placement before it has been made.

7.2 In accordance with the Regulations the Buyer has the right of cancellation within seven days except where a Product is tailored to customer requirements and without fault.

7.3 If the Buyer is dissatisfied with their purchase for any reason they may, within seven days of delivery, contact the Seller’s Customer Service Department to notify them that they wish to return some or all items from their order.

7.4 To exercise the Buyer’s right of cancellation, the Buyer must give written notice to the Seller by letter or e-mail giving details of the Products ordered and (where appropriate) their delivery. Notification by phone is not sufficient.

7.5 The Buyer can either arrange to return the goods themselves to the Seller at their own cost or they may ask the Seller to collect which will be based upon the direct cost to recover the goods and this cost will be deducted from the Buyer’s refund. Goods must be returned to the Seller in the same condition they were in at the time of
delivery to the Buyer and in their original packaging or similar. Items which are not adequately packaged at time of collection may not be collected and a charge of £35 will be levied to cover cost of failed collection.

7.6 Mattresses can only be returned if they are unopened. Mattresses which have been opened and slept on cannot be returned. If you wish to test a mattress please keep it wrapped until you are sure you want to keep it.

7.7 Refunds will be issued within 30 days of receipt of goods and after the Seller has inspected them for damage. The Seller reserves the right to withhold all or part of the Buyer’s refund if items are returned damaged.

8.0 Warranties & Liability

8.1 All goods supplied by the Seller come with a manufacturer’s warranty of at least 12 months.

8.2 The Buyer shall provide the Seller with information such as photographic evidence and proof of purchase to enable the Seller to claim under the manufacturer’s warranties. In the event of a claim, the Buyer shall in the first instance contact the Seller’s customer service department.

8.3 The Seller does not provide any warranty cover against defects in his own right.

8.4 Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.

8.5 Insofar as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question.

8.6 We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. Nothing in this Clause 5 affects your statutory rights as a consumer.

9.0 Risk and Title

9.1 Risk of damage to or loss of the Products shall pass to the Buyer upon delivery
9.2 Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.
9.3 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.

10.0 Proper law of contract

10.1 This Contract shall be governed by the law of England and Wales and any dispute question or remedy howsoever arising determined exclusively by the Courts of England and Wales.

11.0 Limitation of liability

11.1 The Seller’s total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the Products.

11.2 Nothing 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.

11.3 The Seller shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for the loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

12.0 Data Protection

12.1 The 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

13.0 Headings

13.1 The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.

13.2 Representations- 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.

13.3 Additional 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.

14.0 Insolvency of Buyer

This clause applies if:

14.1 The 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 purposes of amalgamation or reconstruction) or

14.2 An encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or The Buyer, not being a consumer, ceases, or threatens to cease, to carry on business, or The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.

14.3 If the Clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled 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 that despite any previous arrangement or agreement to the contrary.

15.0 Complaints and Disputes

15.1 If the Buyer has a complaint about the Goods or service, the Buyer should contact TV Bedstore , the Seller by post:

TV Bedstore, Unit 8 Stewart Street, Bury, BL8 1SF
E-mail to sales@tvbedstore.co.uk
Telephone on 0161 797 2652

The 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.