Terms and Conditions of Sale
1. These Terms
1.1 These terms and conditions relate to all goods supplied to you after you have placed through this website (“the Site”) These terms and conditions set out the terms of the contract between you, the customer or Site user (“you”) and us. These terms and conditions together with our policies and your order confirmation which we will send to you by email form the agreement between you and us (“the Agreement”).
1.2 These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except in writing signed by us or our duly authorised representative.
1.3 These terms and conditions may be varied by us at any time by posting amended terms and conditions to our Site. The terms and conditions which apply to your purchase will be those terms and conditions applicable at the time of the purchase.
1.4 Our employees and agents are not authorised to make any representations concerning the goods we supply unless confirmed by us in writing. You agree that you have not relied on any such representations before placing an order.
1.5 Each order you place with us will be a separate order and contract between us, any default by us in relation to one order will not entitle you to terminate another order.
2. Ordering and Payment
2.1 Your order is an offer to buy from us, once you place an order we will send you an email to confirm that we have received your order. There will be no contract of any kind between you and us unless and until we take payment from you, fulfil and despatch your order. A binding agreement will come into force between you and us when we email you to confirm that your order has been fulfilled and despatched. At any point up until then, we may decline to supply the goods to you without giving any reason. If we take payment and subsequently fail to dispatch the goods for any reason we will refund you in full.
2.2 You accept the accuracy of any orders placed with us. It is your responsibility to check our confirmation of receipt of order to ensure that the order is accurate.
2.3 At the time you place an order you must give authority for payment. We may take payment from you at any time between you placing the order and us dispatching the goods.
2.4 The prices payable for the items that you order are clearly set out on the Site. If, by mistake, we have under-priced an item or a collection of items, we will not be liable to supply an item to you at the stated price provided that we notify you before we dispatch the item concerned.
2.5 Our prices are calculated based on current costs including the cost of materials, labour, delivery, insurance and other costs. We reserve the right to increase our prices at any time up to despatch of an order arising from any factor beyond our control including any increase in our costs. Please note also that we reserve the right to increase our prices in the event that you request any change or variation in the goods or services supplied and that we are not obliged to accept any such request.
2.6 All prices are expressed exclusive of any VAT payable unless otherwise stated.
2.7 If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item
2.8 We remind you that we are under a legal duty to supply goods which are in conformity with our contract with you.
3.1 Prices and specifications quoted in our website are subject to change at any time, for any reason, and we will not be obliged to supply goods at the price and specification set out in our website.
3.2 Please note that all descriptions, specifications, drawings, photos and details of weights and dimensions which are included in our materials are approximate only.
3.3 Please note also that it is virtually impossible to accurately portray the precise colour of goods in an internet photo, due to differing screen resolutions, and variations from batch to batch. We endeavour to give the best portrayal of colour, but we cannot accept colour or shade differences as evidence of defects.
4. Delivery and Access
4.1 Delivery will be made to the address specified by you on the completed order form, however, we do not deliver to PO boxes. Our delivery charges will be specified at the time the order is placed.
4.2 We can only delivery to the door of the delivery address, we cannot carry orders up stairs or use a lift.
4.3 A number of our orders are delivered on a pallet. Please advise us at the time of ordering if a pallet delivery is unsuitable.
4.4 Pallet deliveries are a kerb side delivery service only. The driver is not authorised to carry goods up or down steps or through a building. However, the driver can wheel the pallet truck (across a smooth surface) to try and get it as close to the delivery address as possible. The driver will not remove the goods from the pallet or take the pallet away.
4.5 Drivers are not permitted to drive their vehicle off road.
4.6 We may, at our sole discretion, allow collection of items you have ordered from our premises but we reserve the right to refuse any request for collection and to impose such conditions in relation to a collection from our premises as we see fit.
4.7 When you place an order we may not be able to provide an exact delivery date at the time you order.,
4.8 We will endeavour to deliver items within the United Kingdom 2-3 days but we are not able to guarantee any specific delivery date. Whilst we make every effort to deliver all your goods as soon as possible , we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
4.9 If you fail to take delivery of the items or fail to give us adequate delivery instructions (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, without prejudice to any other right or remedy available to us, we reserve the right to:
4.4.1 attempt to redeliver the items to you and charge you an additional delivery fee; or
4.4.2 treat your contract with us as terminated and refund the price of the items to you less our costs and charges (including our delivery charge and our reasonable costs arising from the your failure to take delivery); or
4.4.3 store the items until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
4.4.4 sell the items at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the contract or charge you for any shortfall below the price under the contract.
4.10 Whilst we will use reasonable endeavours to deliver the items on the agreed date we will not be liable for any failure to deliver on the stated date or at the stated time.
5.1 Please see our Returns Policy for information about our policy in relation to returns.
5.2 You have a right to cancel your contract with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, our Returns Policy explains how to do this. Please note that in many cases our own returns policy may be applicable or may be more suitable for your requirements.
5.3 Defective items or items with transit damage should be notified to us within 30 days (unless the defect is not obvious within that time period).
5.4 You will not be permitted to return any items unless we are notified within the time periods set out in clause 5.2 to 5.3 (save where the item was materially defective on delivery but the defect was not obvious within the above time periods).
5.5 Personalised or custom made items may not be returned unless they are defective.
6. Cancellation and changes prior to delivery
You can cancel or change any of your current orders prior to dispatch by contacting us on email@example.com
7. Our Liability
7.1 Subject as expressly provided in these conditions, and where you are not dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7.2 Where items are sold under a consumer transaction your statutory rights are not affected by any of these terms and conditions.
7.3 We will not be liable in respect of any defect arising from any specification, request, drawing or design supplied by you, nor in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal usage or working conditions, exceeding recommended loads, failure to follow instructions, misuse, alternation or repair of the items without our express consent.
7.4 Any advice or recommendation we may give as to the storage, application or use of the goods and which we do not confirm in writing is followed or acted upon entirely at your own risk and accordingly we will not be liable for any such advice or recommendation which we have not confirmed in writing.
7.5 Any claim by you which is based on any defect in the quality of the goods supplied or their failure to correspond with specification must be notified to us as soon as possible from the date of delivery (and in any case, within 30 days of delivery) or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If you do not notify us accordingly, you will not be entitled to reject the goods and we shall have no liability for such defect or failure.
7.6 Where any valid claim in respect of any of the items supplied which is based on any defect in the quality or condition or their failure to meet its specification is notified to us in accordance with these terms and conditions, we shall replace or repair the items free of charge or refund to you the price of the item at our sole discretion, but we shall have no further liability to you. You are not entitled to reject part only of items you have ordered.
7.7 We shall not be liable to you by reason of any representation, or any implied warranty, condition or other term or any duty at common law, or under the express terms of these terms or this Agreement, for any consequential loss or damage (whether for lost profit, lost opportunity or lost reputation or otherwise), costs expenses or other claims for consequential compensation whatsoever (and whether caused by our negligence, our employees or agents or otherwise) which arise out of or in connection with the supply of goods or their use or resale by you, except as expressly provided in these conditions.
7.8 Our entire liability under or in connection with these terms and conditions shall not exceed the price of the items supplied.
8.1 You agree that our liability in respect of any loss under the Agreement with you shall be limited in accordance with these terms and conditions.
8.2 Nothing in this Agreement shall limit or exclude our liability for:
8.2.1 death or personal injury, fraud or fraudulent misrepresentation arising as a result of our negligence or the negligence of our employees, agents or sub-contractors;
8.2.2 fraud or fraudulent misrepresentation;
8.2.3 breach of the terms implied by section 2 (title and quiet possession) of the Supply of Goods and Services Act 1982;
8.2.4 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
8.2.5 defective products under the Consumer Protection Act 1987.
8.3 We will not be liable to you for any loss of profit, indirect or consequential loss or damage such as loss of anticipated savings, data loss, lost opportunity, lost bargain, lost reputation or otherwise whether such loss or damage arises from breach of contract, our negligence, the negligence of our employees, agents, sub-contractors or otherwise, any tort other than negligence, breach of statutory duty or otherwise.
9.1 No term of the Agreement will be enforceable by virtue of the Contract
9.2 Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.
9.3 Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of the Agreement impossible, whereupon all money accrued due under the Agreement shall be paid.
9.4 Each party acknowledges that these terms and conditions (including the Instructions for Cancellation and Cancellation Form) and the Contract Summary contain the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.
9.5 This Agreement may be executed in any number of counterparts and by the parties to it on separate counterparts, each of which will be an original and all of which together shall constitute one instrument. This Agreement shall not be effective until each of the parties has executed at least one counterpart.
9.6 If any provision of this Agreement is, or is found to be, illegal, invalid or unenforceable, the remaining provisions shall continue in full force and effect and shall not be affected by such illegality, invalidity or unenforceability.
9.7 Failure by us to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver by us of them or the right at any time subsequently to enforce all terms and conditions of this Agreement.
9.8 This Agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England.
9.9 Any proceedings arising out of or in connection with this Agreement may be brought in any court of competent jurisdiction in England or Wales.
Our Returns Policy - Goods
Please note that this returns policy does not affect your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ('Consumer Regulations') which are explained below.
1. It is your responsibility to request a return. If you don't tell us you want to make a return, we don't know. Once you do tell us, we will do everything we can to action it.
2. If you have not requested a return within 28 days of receiving an order, we will have assumed that you are intending to keep it and we will not authorise a return
3. We always refund the payment according to how the original purchase was made and aim to do so within 72hrs of the return being received by us.
4. Returned goods are liable for a 20% handling and repackaging charge if the order is not returned in its original, unopened packaging. This charge will be subject to our inspection of the returned goods.
5. Delivery surcharges will not be refunded unless the delivered goods are faulty.
6. Replacement products are dispatched immediately after the returned goods have been received by Pattresses Direct
7. Custom-designed/made to order products are excluded from our Returns policy. Such products can only be returned in accordance with your legal rights.
Right to Cancel Under the Consumer Regulations
We explain below how you can exercise your right under the Consumer Regulations to cancel your contract with us but please also bear in mind that in many cases our own returns policy may be more applicable or more suitable for your requirements.
You have a right to cancel a contract with us for goods or services within 14 days without giving any reason.
Where you have purchased goods, the cancellation period will expire after 14 days from the day on which you acquire, or a third-party other than the carrier and dictated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us, at firstname.lastname@example.org.
To meet the cancellation deadline it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of Cancellation - Goods
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay and not later than -
14 days after the day we receive back from you any goods supplied, or
(if earlier), 14 days after the day you provide evidence that you have returned the goods, or
If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days expires.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
Where You Do Not Have a Right to Cancel
Where goods have been personalised to your requirements then you will not be entitled to cancel the contract under the Consumer Regulations unless the goods are defective.
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