Terms and conditions of Sale.
These terms and conditions (together with the documents (such as the Order Confirmation) referred to in it) tells you the terms and conditions on which we supply any of the Goods or services linked to buying the Goods listed on our website to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Goods from our site. You should understand that by ordering, you agree to be bound by these terms and conditions. Your attention is drawn in particular to the provisions of the Liability clause (clause 10) and the Force Majeure clause (clause 12).
We intend to reply upon these terms and conditions and any documents (such as the Order Confirmation) expressly referred to in the terms and conditions in relation to the subject matter of any Contract formed between us in accordance with clause 3 below. Please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
Please understand that if you are unable to accept these terms and conditions, you will not be able to order any Goods from our site.
1. INFORMATION ABOUT US
1.1 We operate the website https://www.thebedguy.co.za Our company name is The Bed Guy CC, a company registered in South Africa under company number CK2007/146174/23 and with our registered office at 3 Lime Acres, Simaan Close, Denise Road, Buccleuch, Sandton, South Africa.
2. 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;
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 Your order constitutes an offer to us to buy Goods and services linked to buying the Goods (“Order”). All Orders are subject to acceptance by us, which we are free to accept or decline at our absolute discretion. We will confirm our acceptance of your Order by sending you an e-mail confirming our acceptance (“Order Confirmation”).
3.2 We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
3.3 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, technology, payment methods, relevant laws and regulatory requirements and/or in our system’s capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
4.1 Should you wish to cancel and/or amend your order you should contact The Bed Guy. Details of your statutory right of cancellation are provided in our Order Confirmation. This provision does not affect your other statutory rights as a consumer. Advice about your legal rights can be seen here.
4.2 Subject to clause 4.8 you can cancel your order by notifying us in writing at anytime from placing the Order up to the expiry of 14 working days starting the day after the date the Goods are delivered.
4.3 Should you cancel your Order in accordance with the provisions of clauses 4.6 once it has been delivered, we will collect such Goods.
4.4 We will charge a collection cost for the Goods that we collect under the provisions of clause 4.3 above. The collection cost will depend on the nature of the Goods and where and when it is to be collected from. This cost will be notified to you in advance. In any event the Goods will remain your responsibility until we collect the Goods. You should also be aware of the following obligation:
Any collection will be from the delivery address unless we agree otherwise, and we will agree with you a suitable day for collection. If you are not going to be available for collection yourself, you must notify us in advance of a nominated adult who will be present for the collection. You must ensure that on the day of collection the access to the Goods is clear and free from obstruction. If you or a nominated adult are not available or the access is not clear and free of obstruction then we will not collect the Goods. Should windows or doors need to be removed to allow access, it is your responsibility to arrange this at your own cost and your own risk. We do not accept any responsibility for damage to your property during collection other than damage due to our negligence when our liability is limited to the repair of that damage with no element of betterment,
You have a statutory duty to take reasonable care of the Goods. If you breach this duty we have a right of action against you. If any original packaging has been left with you please return the Goods with the original packaging. If the original packaging is not available, then please ensure any items to be returned are packaged in a suitable and sufficient manner so as to ensure that there is no risk of damage in transit;
4.5 In the event that you do not comply with the above obligations, we may require payment from you of all costs reasonably incurred by us which may include but is not limited to wasted collection journeys or the cost of any Goods which you have damaged or lost
4.6 If you wish to return the Goods to us:
(a) because you have cancelled the Contract between us in accordance with the provisions of clause 4.2, we will process the refund due to you as soon as possible. In such cases, we will refund the price of the product in full, and any applicable delivery charges, although for the avoidance of doubt we shall be entitled to offset and retain any collection charges we may incur in collecting the Goods.
(b) for any other reason (for instance, because you consider the Goods are faulty), we will discuss the issue with yourselves and, if necessary examine the returned Goods. Should we agree the Goods are faulty we would reserve the right to discuss with you whether it would be more appropriate to repair the Goods in question. Should we agree with you that the Goods should be returned and you should obtain a refund, we will notify you of your refund via e-mail within a reasonable period of time. We will process the refund due to you as soon as possible after we have confirmed to you via e-mail that you are entitled to a refund. We will refund the price of the Goods in full, any applicable delivery charges and not charge you any collection charge for collecting the Goods from you.
4.7 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
4.8 The provisions of clause 4.2 will not apply to any Goods which:
(a) you have bought either online or by telephone which you have previously viewed at one of our stores;
(b) are bespoke and handmade to your specification. Please note that the majority of our Goods are stock items unless they have been identified as bespoke and handmade to your specification. To reiterate, please be aware that for Goods that are bespoke and handmade to your specification you will not have a right to cancel or return the Goods once delivered unless the Goods are faulty so please carefully consider your decision to place your Order before doing so;
(c) any Goods which cannot by their nature be disassembled once they have been partially assembled (such as flat pack wardrobes).
5. THE GOODS
5.1 We will take reasonable steps to pack the Goods properly and to ensure that you receive your Order in good condition.
5.2 We will not be responsible for any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we or the manufacturer do not recommend, your failure to follow our or the manufacturer’s instructions, or any alteration or repair you carry out without our prior written approval.
5.3 These terms and conditions apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform to these terms and conditions.
6. PRODUCT SPECIFICATION
6.1 Any photographs, models, samples, drawings, sizes and/or product description or advertising we issue, and any illustrations contained in our catalogues, brochures, emails or on our website are produced solely to provide you with an approximate idea of the Goods they describe and/or are representative of the finished product. All Goods are manufactured within the standard industry measurement tolerances.
6.2 Your Order is unique to you and will be supplied in accordance with the instructions and specification as detailed in our Order Confirmation. Every effort will be made to match all colours and finishes. Notwithstanding this all Goods are purchased and supplied, on the understanding that there may be slight dye and shade. Colours may also change with age and exposure to sun and other climatic conditions.
6.3 Where stated some images have been digitally created to illustrate the colour options available from the range. These colours will be affected by your monitor and by your printer and therefore may not be 100% accurate to the finished product.
6.4 Occasionally we may supply Goods with minor differences in specification due to circumstances beyond our reasonable control. Should this be the case any differences will result in the Goods being of an equal or improved standard, and it will not affect your rights under the law, and the quality coding and guarantee will continue to apply.
7.1 All delivery times quoted at the time of order are estimated and so cannot be guaranteed. Whilst we will make every effort to deliver within the estimated delivery time, occasionally deliveries may be affected by factors beyond our control. We will deliver to the delivery address stated in the Order and confirmed by us in the Order Confirmation. Should you wish to change the delivery address from the address given in the Order and confirmed by us in the Order Confirmation then you must have notified us and have obtained our agreement in writing to any change in delivery address prior to any delivery taking place.
7.2 We will contact you where applicable to arrange delivery and to ensure that full payment has been made prior to your Order being delivered. We will offer you a delivery slot. We reserve the right to charge a storage charge in the event you do not reasonably accept delivery. If you are not going to accept delivery yourself, you must notify us in advance of the nominated adult who will take delivery.
7.3 Goods will be delivered to within South African Borders only
7.4 A delivery charge will apply on all orders. The amount is variable depending on the Order and is made clear at the point of Order, and will be contained on our Order Confirmation. Unfortunately we are not able to arrange for collection of Goods from our distribution centres on sales processed through our site.
7.5 Where you have ordered multiple Goods from us we may need to make more than one delivery to you. Should there be an extra delivery charge for us to do this, we shall let you know in advance. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs.
7.6 Delivery of the Order shall be completed when we deliver the Goods to you.
7.7 We do not hold or store Goods, therefore if you fail to accept the reasonable delivery dates offered to you, then, except where this failure is caused by our failure to comply with these terms and conditions or by an event beyond our control;
(a) We will store the Goods until delivery takes place and may charge you a reasonable sum currently £25 per week to cover expenses
Any such charges must be cleared before delivery will take place.
7.8 Clause 7.7 will not apply where the Goods are available before the delivery date detailed in the Order Confirmation or as agreed with you where you have stipulated a “not before date” on your Order, and which has been confirmed on the Order Confirmation.
7.9 It is essential that you notify us of any possible restrictions to access into your home when placing your Order so that we can perform a risk assessment. In particular you should consider vehicle access, lifts, staircases and room access. Should windows or doors need to be removed to allow access, it is your responsibility to arrange this at your own cost and at your own risk.
7.10 We recommend that you do not dispose of your existing bed until the new one has been delivered.
7.11 We deliver only to the first floor of any house/apartment block, except when arranged separately within the Order and confirmed in the Order Confirmation. Any such arrangement may incur an additional charge that we shall advise to you.
7.12 You must ensure that you or a nominated adult with (if we so request in order to prevent fraudulent activity) appropriate ID (driving licence or passport) are available on the day and the point of delivery to sign for the Goods.
7.13 You must also ensure that on the day of delivery access to your preferred location of the Goods is clear and free of any obstruction. If you or a nominated adult are not available or the access is not clear and free of any obstruction, then we will not deliver your Goods. This will result in a re-delivery of your Goods and a further delivery charge will be levied.
7.14 Goods intended to be assembled by you will not be unpacked at the point of delivery.
7.15 We do not accept any responsibility for damage to your property during delivery other than damage due to our negligence when our liability is limited to the repair of that damage with no element of betterment.
8. TITLE AND RISK
8.1 The Goods will be your responsibility from the time of delivery.
8.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
9. PRICE AND PAYMENT
9.1 Save where payment is to be made by finance agreement, we will require payment in full of the value of the Order inclusive of VAT and any delivery costs at the time the Order is made.
9.2 Where payment is to be made by finance agreement we may require a deposit to be paid at the time the Order is made. In the event that the cancellation rights in clause 4.2 apply this is refundable.
9.3 The price of the Goods will be as quoted on our site from time to time. The delivery charge will be as set out in clause 7.4 above.
9.4 The prices of Goods include VAT. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
9.5 The prices of Goods and delivery charges are liable to change at any time, but changes, other than changes in the VAT rate as set out in clause 9.4, will not affect orders in respect of which we have already sent you an Order Confirmation.
9.6 Payment for all Goods must be by credit, debit card or approved finance agreement.
9.7 Where credit approval is ‘deferred’ your Goods will not be delivered until approval is given by our credit provider. We will advise our finance providers to activate your account from the date of agreed delivery or date of purchase dependent upon the finance product taken.
9.8 If, for any reason you would like to make a complaint about our role in arranging your credit agreement please write to the FOS Complaints Manager c/o Bensons for Beds, Huncoat Industrial Estate, Bolton Avenue, Accrington, Lancashire BB5 6NJ. If you are unhappy with our response you can write to: Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR, who will investigate your complaint and advise accordingly.
10. OUR LIABILITY
10.1 Subject to clause 10.2 and clause 10.3, if either of us fails to comply with these terms and conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms and conditions at the time we entered into the contract with one another.
10.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and we have no liability to you for any consequential loss, loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 Nothing in this agreement excludes or limits in any way our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
10.4 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of despatch procedures so that, where the Goods’ correct price is less than our stated price, we will charge the lower amount when despatching the Goods to you. If the Goods’ correct price is higher than the price stated on our site, we will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
11.2 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, piracy, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) inclement weather, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
11.3 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. Should the Force Majeure Event continue for a period of more than 3 months then either party will have the right to terminate any contract that exists between ourselves forthwith without any further liability to the other party apart from providing you with a refund if you have not received the Goods.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
You may not transfer any of your rights or obligations under these terms and conditions to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these terms and conditions to another organisation, but this will not affect your rights under these terms and conditions.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site or telephone sales system, 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 condition does not affect your legal rights.
All notices given by you to us must be given to The Bed Guy at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter posted , that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
15.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
15.2 If we fail, at any time while these terms and conditions are in force, to insist that you perform any of your obligations under these terms and conditions, or if we do not exercise any of our rights or remedies under these terms and conditions, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms and conditions shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
15.3 These terms and conditions shall be governed by South African law and we both agree to the non-exclusive jurisdiction of the South African courts