Terms & Conditions
Standard Terms and Conditions for Sale of Goods
1. Definitions
In this document the following words shall have the following meanings:
1.1 “Buyer” means the organisation or person who buys 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 “Delivery date” means the date specified by the Seller when the Goods are to be delivered;
1.4 “Goods” means the articles to be supplied to the Buyer by the Seller;
1.5 “Price” means the price set out in the list of prices of the Goods maintained by the Seller as amended from time to time or such other price as the parties may agree in writing plus such carriage, packing, insurance or other charges or interest on such as may be quoted by the Seller or as may apply in accordance with these conditions;
1.6 “Seller” means Fitzgerald’s Bed Centre, 17B Abbey Road, Bourne, PE10 9EF.
2. General
2.1 These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may seek to apply under any purchase order, order confirmation or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties including without limitation as to discounts) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any advice, recommendation or representation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods or otherwise which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and, accordingly, the Seller shall not be liable for any such advice, recommendation or representation which is not so confirmed.
2.6 Nothing in these Conditions shall effect the statutory rights of any Buyer dealing as a consumer.
3. Our information and how to contact us
3.1 We are a registered company. Our registered VAT number is 638566304.
3.2 If you have any questions or complaints, please contact us by telephoning us at 01778 394 774 or by e-mailing customer.care@fitzgeraldsbeds.co.uk
4. Price and Payment
4.1 Full Payment of the Price is required prior to delivery of Goods.
4.2 The Seller reserves the right to grant, refuse restrict, cancel or alter credit terms at its sole discretion at any time.
4.3 If payment of the Price or any part thereof is not made by the due date, the Seller shall be entitled to:
4.3.1 refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non- delivery or any delay in delivery;
4.3.2 appropriate any payment made by the Buyer to such of the Goods (or Goods supplied under any other contract) as the Seller may think fit;
4.3.3 terminate the contract.
4.4 The Prices for the Goods do not include the cost of delivery, which will be added to the total amount due. (Except where we offer free delivery)
4.5 On the rare occasion the Goods We Sell on the website may be priced incorrectly, if the pricing error is obvious or recognised as a price mistake, we are not obliged to provide the Goods to you at the incorrect lower price.
5. Product Description, Specification and Samples
5.1 Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
5.2 This includes any product descriptions and/or sizes, photographs, drawings, models, samples, or advertising online/ print. Any of these things contained in our catalogues, brochures, website or email, are produced solely with an approximate idea of the Goods described and/ or are representative of the finished product. All Goods supplied are manufactured within the standard industry measurements tolerances.
5.3 Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so far as to constitute a sale by sample.
5.4 Your Order is unique to you and will be supplied in accordance with the instructions and specification as detailed in our Order Confirmation. All Goods are purchased and supplied, on the understanding that there may be slight dye, shade and grain variations.
5.5 Fabrics may not be uniform in colour or texture and will show natural marks. Colours may also change with age and exposure to sun and other climatic conditions. Every effort will be made to match all colours and finishes in our stores.
5.6 In cases where images have been digitally created to illustrate the colour options available from the range, may not be 100% accurate to the finished product as factors such as your monitor and your printer will affect this.
5.7 In the circumstance where we supply Goods with minor differences in specification due to reasons beyond our control, any differences will be of an equal or improved standard and will not affect your rights under the law, and the quality guarantee will continue to apply.
6. Delivery
6.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.2 The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract and while every reasonable effort will be made to comply with such dates compliance is not guaranteed and the Buyer shall have no right to damages or to cancel the order for failure for any cause to meet any delivery date stated.
6.3 If the Buyer fails to accept delivery of Goods on the delivery date the Seller reserves the right to invoice the Goods to the Buyer and charge him therefore. In addition the Buyer shall then pay reasonable storage charges or demurrage as appropriate in the circumstances until the Goods are either despatched to the Buyer or disposed of elsewhere.
6.4 The Seller shall be entitled to deliver the Goods by instalments and where the Goods are so delivered, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat any other related contract as repudiated.
6.5 Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 3 months of the delivery date.
6.6 Timescales for delivery and delivery charges may vary depending on the availability of the Goods and your address. Please allow extra time for difficult to reach postcodes.
6.7 Please take the time to check the Goods carefully during the time of delivery. The order is completed when the Goods are delivered to the address given to us or are collected from our stores.
6.8 The Goods will be returned to our premises if there is no adult to take delivery at the address given by you. If the Goods are not taken in, there will be a charge for a re-delivery.
6.9 On the day of delivery, you must ensure that access to your preferred location of the Goods is free and clear of obstruction. If the access is not clear then the Goods will not be delivered.
6.10 If there is damage to your property during the delivery we do not accept any responsibility other than damage due to our negligence, of which our liability is limited to repair of the damage with no element of betterment. Please prepare your property prior to delivery to ensure the risk of damage is at a minimum.
6.11 If there are any restrictions to access your home, it is essential that you notify us of these when placing your Order. We will then perform a risk assessment to determine if delivery attempt should continue. We will need to know in particular the vehicle access, lifts, staircases and room access. If windows or doors need to be removed to access your preferred location of the Goods, it will need to be organised by yourself at your own cost and risk prior to the delivery.
7. Cancellation & Returns
7.1 To cancel your order, you must give us notice of cancellation within 14 days of the date of delivery or collection. To give notice please email or call to the information given on the order form. If you are cancelling due to a fault, please notify us of the problem at the time of cancellation.
7.2 On cancellation we shall only cover the cost of delivery if the Goods are returned because there is a fault, incorrect Goods or if there is an unsuitable substitution by us. If none of these reason apply, then you must return the Goods at your cost, we ask that you allow us to nominate the carrier.
7.3 To be returned safely you must ensure that the Goods are adequately packed and ensure that your reference number and name are displayed clearly. If you fail to take reasonable care of the Goods before they are returned to us, resulting in damage and or deterioration, we will seek to recover the reduction in value from you, by deducting this from the refund due to you.
7.4 Please note refunds may take up to 14 days to process once we have received the Goods. We will inform you when we have received the Goods to then move forward with the refund or exchange process.
7.5 If you are unable to arrange your own carriage for returns we will arrange this on your behalf through our carriers. Collections from customers are available Monday – Friday and are an all day service 8am – 6pm. The drivers cannot call before collection and we cannot provide a narrower time window. The charge for collection will vary depending on size of Products and location. Please contact Customer Services for the associated costs. We will not be responsible for failed or delayed collections and/or any associated costs.
7.6 If there is a fault with your Goods, we will arrange for a third party company to check the Products. The third party company is arrange at your cost, and is refunded if the report comes back that there is a fault. For the occasion where a fault is found we shall be in touch with you to start the process of an exchange or refund.
7.7 For hygiene reasons we cannot accept returns once the original packaging as been opened and the bed or mattress has been slept on. If you’re unsure we strongly advise trying the mattress in one of our stores prior to ordering.
7.8 Under The Consumer Regulations Act, Mattresses can be returned due to change of mind as long as the hygiene seals have not been broken and the mattress slept on. As per the regulations you will need to inform us within 14 days of delivery
7.9 You can return pillows, duvets, bed linen, mattress protectors and toppers at any time within 14 days after delivery. For hygiene reasons, we can only accept them if they’re returned unused and unopened – still in their original packaging. Please note, there’ll be a charge for collection.
7.10 If you wish to refuse delivery of your order please contact our office by phone 01778 394 774 immediately for advice. Please be aware that there will be an extra cost to You of return/collection item depending on the size and weight of the item and your post code address. Furthermore, if your delivery address is is in a Premium post code area there may be further costs involved to You. In this case any return costs will be deducted from the refund due to you.
7.11 In regard to all sales where you wish to return the Goods, you must keep the Goods in good condition, including by not using them, and where possible retain the packaging which the Goods came in. Any flat-pack goods must be returned as such, without having been assembled (unless they are faulty or miss-described). In particular, duvets, mattresses and bedding must not have been used and must be in the original sealed packaging.
7.12 Unfortunately, if you cancel an order and We have already dispatched your Goods to you, We will not be able to cancel your Order until it is delivered. In this case, if you return the Goods to Us, you will have to pay the cost of returning the Goods back to Us. Any return charges applicable will deducted from the refund that is due to you.
8. When you don't have the right to change your mind.
8.1 You do not have a right to change your mind in respect of Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them, or for Made to Measure Products, once we (or our suppliers) have commenced work on them. In particular, where the Product you have purchased is a mattress which has been delivered in a protective covering, once that covering has been unsealed, you will not be able to exercise the right to change your mind. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 If Assembly service forms part of your order and the hygiene seal is broken and mattress bag removed we will not be able to accept return unless the goods are faulty.
9. Faulty Products
9.1 We are under a legal duty to supply Products that are in conformity with this contract. Nothing in these Conditions will affect your legal rights.
9.2 Please check over your Products on delivery to ensure that the packing is intact and all Products appear to be in good condition before you sign for them. If you find your Products to be faulty, damaged or incorrect please refuse the Products and contact Customer Services as soon as possible. If you find that your Products are damaged after you have taken delivery please notify us as soon as possible. We ask that you inspect your Products within a reasonable time scale and prior to them being transported anywhere else.
10. Acceptance
10.1 The Seller is a distributor of goods and the Buyer is exclusively responsible for detailing the specification of the Goods, for ascertaining the use to which they will be put and for determining their ability to function for that purpose.
10.2 The Buyer is required to test Goods upon delivery and shall be deemed to have accepted the Goods 14 days after delivery to the Buyer. Accordingly, no claim for defect, damage or quality will be entertained (without prejudice to the Seller’s other rights pursuant to these Conditions) unless written notice together with all supporting evidence is received by the Seller within 14 days of delivery. After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
10.3 The Buyer shall not remove or otherwise interfere with the marks or numbers on the Goods.
11. Risk and Title
11.1 Risk of damage or loss of the Goods shall pass to the Buyer in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection, or in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery.
11.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the Price of the Goods and of all other Goods agreed to be sold by the Seller to the Buyer for which payment is then due.
12. Warranty
12.1 Where the Goods are found to be defective, the Seller shall, replace defective Goods free of charge within the manufacturer’s warranty period if acceptable from the date of delivery, subject to the following conditions;
12.1.1. the Buyer notifying the Seller in writing immediately upon the defect becoming apparent;
12.1.2. the defect being due to faulty design, materials or workmanship;
12.2 Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer’s expense, if so requested by the Seller.
12.3 Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer and the Buyer shall have no other remedy against the Seller
12.4 The Seller shall be entitled in its absolute discretion to refund the Price of the defective Goods in the event that the Price has already been paid.
12.5 The remedies contained in this Clause are without prejudice and subject to the other Conditions herein, including, but without limitation, to conditions 10 and 11 below.
13. Complaints Procedure
13.1 If you have a complaint, please contact the store where the purchase was made in. Make sure you have your order number to hand before you call in. This will allow the sales person to identify your order quickly.
13.2 If you have already contacted the store and you feel that your concerns have not been addressed to your satisfaction, you can contact our customer service department by email customer.care@fitzgeraldsbeds.co.uk
13.3 You will be asked about your complaint in more information and may be asked to include images.
13.4 We will investigate your case and come back to you with feedback as quick as possible.
13.5 In some cases we may decide that it is necessary that we get a third party company involved to inspect the issue.
14. Liability
14.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:-
14.1.1. the correspondence of the Goods with any description or sample;
14.1.2. the quality of the Goods; or
14.1.3. the fitness of the Goods for any purpose whatsoever.
14.2 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
14.2.1. the correspondence of the Goods with any description;
14.2.2. the quality of the Goods; or
14.2.3. the fitness of the Goods for any purpose whatsoever.
14.3 Except where the Buyer deals as a consumer all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are hereby excluded from the contract to the fullest extent permitted by law.
14.4 For the avoidance of doubt the Seller will not accept any claim for consequential or financial loss of any kind however caused.
15. Limitation of Liability
15.1 Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the Price.
15.2 Nothing contained in these Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
16. Privacy
16.1 The Buyer consents to the Seller processing contact data provided for the purposes of fulfilling their obligations under this contract, and further consents to the Seller processing contact data for direct marketing purposes.
16.2 The Seller warrants that such data will not be shared with third parties, save for the purpose of law enforcement or as required by regulatory bodies, in line with the Data Protection Act.
16.3 The Seller warrants that all relevant technical and logical controls are in place to protect such data, and that the seller is duly authorised to act as a Data Controller in this matter.
16.4 The Buyer is permitted to remove consent to marketing at any time via email to customer.care@fitzgeraldsbeds.co.uk with the subject line “unsubscribe”, or via letter to Fitzgerald’s Bed Centre, 17B Abbey Road, Bourne, PE10 9EF
17. Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may without liability on its part, terminate the contract or any part of it.
18. Waiver
The failure by either party to enforce at any time or for any period any one or more of the Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Conditions of this Agreement.
19. Severability
If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
20. No set off
The Buyer may not withhold payment of any invoice or other amount due to the Seller by reason of any right of set-off or counterclaim which the Buyer may have or allege to have for any reason whatsoever.
21. Entire Agreement
These Conditions and any documents incorporating them or incorporated by them constitute the entire agreement and understanding between the parties.
22. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusion jurisdiction of the English courts.