Last Updated: 27 january.2012 11:14am
Welcome to the Beds and Bunks Direct Ireland website Terms and Conditions for use. Please read them through carefully before using the website. They do not affect your statutory rights. Your continued use of this website constitutes your agreement to be bound by these terms and conditions which shall also govern all transactions on the website to the exclusion of any other terms and conditions.
Beds and Bunks Direct Ireland (“BedsandBunksDirect.ie”, “we”, or “us”) reserves the right to change these terms and conditions from time to time without notice to you and any changes will take effect on the day they are posted. Any such changes will be posted on this section of the website and your continued use of the website constitutes your agreement to be bound by the prevailing terms and conditions. You will be requested to read and accept these terms and conditions every time you place an order. For this reason we encourage you to review them whenever you use this website to ensure that you are familiar with the latest terms and conditions. We also recommend to all our customers to print and retain a copy of the terms and conditions for future reference.
Before you place an order, if you have any questions relating to these terms and conditions, please contact our online team by e-mail or call us on +44 (0)191 6542031 between 9am and 5pm Monday to Friday.
A. PURCHASE OF PRODUCTS
1. How to create the Contract between yourself and Beds and Bunks Direct Ireland:
1.1 Place your order online by following the instructions.
1.2 Before you submit the order, you will have the opportunity to change or amend so you are 100% confident you have ordered the correct stock. Please bear in mind the majority of our furniture required home assembly - it is your responsibility to ask the Bedsand Bunks Direct Ireland staff how your item/s are delivered.
1.3 Once you have submitted your order – one of our team will acknowledge receipt of the order.
1.4 If you are paying by credit card, we will authorize your debit or credit card payment. If you are paying by cheque, we will deposit your cheque on the first working day after we receive it.
1.5 Once payment has been authorised, or your cheque has cleared, and we have determined the availability of stock we will arrange for the delivery of the goods to you. Acceptance of your order and the creation of a legally binding contract between us will only occur when we send you a second e-mail which contains the details of how your goods will be delivered to you. The lead times quoted are to our warehouse - our couriers add additional time (as detailed in our delivery tab) - it is your responsibility to understand our delivery regions - you can call the staff to discuss zones during our trading hours.
1.6 We reserve the right to decline all or part of any order for whatsoever reason and should this occur we will e-mail you with these details.
1.7 It is recommended that you retain all e-mails relating to your order and contract.
1.8 The details of your specific contract are filed by us. Should you want any information regarding your order you may contact us. (For details see the contact us page of the Website or Part D of these terms and conditions.)
2. Payment
2.1 If you have chosen to pay by card, once your order is received we will process the payment for your order by way of the credit or debit card details you have provided.
2.2 If you have chosen to pay by cheque, please send payment in full to our office address: Beds and Bunks Direct Ireland, within Efurn Ltd, Unit 14 , Cherry Way, Dubmire Ind. Est., Fencehouses. DH4 5RJ. We are unable to accept deposits via this payment method. Once your order is received we will deposit your cheque. Once the cheque has been cleared for payment, we will begin processing your order.
2.3 If your order contains any item with a lead time of more than 5 weeks and you have opted to pay a 20% deposit by card, the balance outstanding must be paid in full on the same card before final delivery is made. As part of the checkout process, you will be requested to confirm that you agree to this. A receipt for the balance payment will be posted to your billing address. You can not pay any part of your invoice by “Cash on Delivery”
2.4 If your cheque has not cleared or if your card declines – we may invite you to pay by another method.
2.5 All prices and charges on this website are quoted in British Pounds Sterling. The price you pay for your order is that price which is displayed on the website. Prices include VAT unless otherwise stated but exclude delivery charges. Delivery charges are calculated as part of the checkout process, based on the proximity of your delivery address to our distribution centre. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you an option of reconfirming your order at the correct price, or cancelling the order. If we are unable to contact you we will treat the order as cancelled and you will receive a full refund.
2.6 You may pay for your goods in Euros only if you choose to pay by PayPal at the online checkout.
3. Security and Clearing
3.1 All credit and debit card payments that are made on our website are protected by a secure connection. This secure connection ensures that your credit and debit card is encrypted prior to it being transferred to the bank for authorization.
3.2 As an additional security means, no credit or debit card details submitted online are stored directly by us once your order has been processed.
3.3 If you have authorised us to obtain a second or final payment of your order on your chosen card, we will use the same secure connection to request these monies to be transferred to the bank for authorization. Your CV2 number is not retained by our Secure Payment Provider (SSP).
4. Delivery of goods to you
4.1 We will deliver the goods you have ordered to the address you give us for delivery at the time you place your order.
4.2 We aim to deliver your furniture within the time quoted on our website when you place your order. If circumstances change, we will contact you. If, however, it is delayed due to circumstances beyond our control, then we cannot accept any liability for consequential loss.
4.3 The delivery times quoted on the website are for delivery to postcodes which fall within our normal delivery areas. These are just a guide and are dependant on suppliers, shipping, freight aand many matters which our out of our control.
4.4 You will become the owner of the goods (and be liable for the loss or destruction of the goods) at the time of delivery, provided that we have received payment in full for the goods.
4.5 Our delivery contractor will deliver the goods to the kerbside of your home – you are required to offer additional assistance from his vehicle. Drivers are not insured or obliged to enter your home or carry goods through awkward passages and stairs.
4.6 All deliveries are signed for. If you are out when our delivery team arrives, they will leave a card with a contact number for you to call them and arrange a delivery at a future date. Please note that there may be an additional charge for this.
4.7. The standard lead time for all items on our site is 7-30 working days. If we fall outside those times we will contact you.
4.8 All our deliveries are to the closest ground floor entrance point of your property. If you live above the ground floor, access is to the closest ground floor entrance point. We do not offer a room of choice service and we do not remove packaging or old furniture.
4.9 It is your responsibility to offer the driver assistance on the day of delivery for all heavy items. The driver will be equipped with a sack barrow and can manage with access to your property if the access is level with no steps or inclines.
5. Access to the destination room
5.1 Before placing an order, please check that the items of furniture will fit through any passages, stairwells, landings and doorways on the way to the destination room. We are not responsible if the item will not fit in your property or through to your property.
5.2 If the item will not fit in your property or we are unable to help you gain access to your property – you can not return the goods on the same vehicle as they always return full.
5.3 Should you have any concerns over access, then please note them on the comments box on the order or contact us by e-mail or on +44 (0)191 6542031 9am – 5 pm Monday to Friday.
6. Cooling Off Period
6.1 You are entitled to a statutory cooling off period beginning from the date you placed your order and ending 7 working days after you received the goods. Certain goods are exempt from this cooling off period, for example a mattress which has been taken out of its sealed packaging (or has been opened - this is for health and safety reasons) in which it was delivered, flatpack furniture which has been assembled or removed from the box and special order or bespoke items ordered. Please note you are responsible for return ing the goods to ChildrensBedShop - this is your cost and we will not arrange this for you. Please note if the goods are delivered to us in a damaged condition, we will not refund the cost of the goods - they are your responsibility and will remain here until you are able to collect them.
6.2 You must inform us in writing during the cooling off period that you are cancelling the contract (e-mails are accepted).
6.3 If you have not received the goods at the time of cancellation of the contract, and we have not processed the goods for delivery, we will refund to you all the monies paid by you for the goods in question including the delivery charges in the same form of payment originally used for the purchase as soon as possible, and in any event within 30 days of the your cancellation being accepted.
6.4 If you have not received the goods at the time of cancellation of the contract, but we have processed the goods for delivery, and they are en route, you must not unpack the goods when they are received by you. You are the owner of the goods once they have been delivered to you and you are liable for their loss or destruction. The goods must be returned to us as soon as possible. We will refund to you all the monies paid by you for the goods in question, excluding the cost of collection of the goods, in the same form of payment originally used for the purchase, as soon as possible and in any event within 30 days of your cancellation being accepted.
6.5 If you have received the goods at the time of cancellation of the contract the goods must be returned to us as soon as possible. You are the owner of the goods once they have been delivered to you and you are liable for their loss or destruction. The goods must be returned to us as soon as possible. We will refund to you all the monies paid by you for the goods in question, excluding the cost of collection of the goods, in the same form of payment originally used for the purchase as soon as possible, and in any event within 30 days of your order being accepted, PROVIDED THAT the goods are returned by you and received by us in the condition that they were in when delivered to you.
6.6 If you do not return the goods to us we shall be entitled to deduct the direct costs of recovering the goods from the amount to be refunded to you - if when we receive the goods back it is obvious that flat pack goods have been assembled then taken down, then we will not refund the bed and store the item until you are able to recover them - we will also charge the collection fee.
6.7 We do accept returns on assembled flat pack items which have been opened or mattress which have been removed from packaging.
7. Damaged or Defective Goods
7.1 Every effort will be made to ensure that the goods you have ordered arrive undamaged and without defect.
7.2 If the goods are found to be either damaged or defective in any way, we require that an e-mail is sent to us at sales@bedsandbunksdirect.ie with pictures detailing the damages. You must contact us within 7 days of delivery of the goods if you wish to report delivery of defective goods.
7.3 If the goods are found to be damaged and we wish to resolve your issue(s) by replacing the individual parts that are defective, the lead time for replacement parts is up to 5 weeks for manufacturers based in mainland Europe. Shorter lead times are applied when the manufacturer and wholesaler of that product is based within the United Kingdom.
7.4 If the goods are damaged, and we are unable to repair the item to manufacturing standards, we will send a replacement item upon confirmation that the damaged item has been returned to us.
7.5 If the goods are found to be defective we will refund all monies paid by you for the goods in question (including the delivery charges) together with any return delivery charges you may have reasonably incurred if you have undertaken to return the items yourself, in the same form of payment originally used for the purchase as soon as possible. We will not refund any delivery charges for goods being returned to us without our authorisation.
8. Cancellation by Us
8.1 We reserve the right not to accept any order request if:
8.1.1 we have insufficient stock to deliver the goods you have ordered;
8.1.2 we do not deliver to your area;
8.1.3 one or more of the goods ordered was incorrectly described or priced on the website;
8.1.4 the payment transaction is not authorized;
8.1.5 you have not complied with the provisions of paragraph 12 of these terms and conditions.
8.2 If we do cancel your contract we will notify you by e-mail and will refund to you any sum paid by you to us in respect of the contract as soon as possible, and in any event within 30 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
9. Stock Levels
9.1 As far as reasonably possible all products featured to buy on the website are either in stock and available at the time of ordering, or are produced to order with the anticipated lead-time published on site.
9.2 Lead times for all goods are 7 - 30 working days as standard but we always try hard to deliver your order as soon as we receive it.
10. Unforeseen Circumstances
While every effort is made to meet our customers' demands, cancellations or variations may be necessary as a result of an Act of God, war, strike, lockout, labour dispute, fire, flood, drought, or other causes beyond our reasonable control.
11. Complaints and Remarks
11.1 If you have a complaint or a particular remark to make please do not hesitate to contact us immediately by e-mail or by any other form of written communication. Please state your order number (not required for Telephone Orders) and confirm your full name and address with postcode.
11.2 Any complaint will be dealt with fairly, effectively and confidentially. Your statutory rights as a consumer are unaffected.
11.3 Complaints can only be made by the person that has paid for the goods (or, Billing Customer). Complaints will not be discussed with any other person (such as the recipient customer, or, Delivery Customer).
12. Contractual Capacity
12.1 In order to be eligible to enter into a contract with us to purchase goods through the website you must:-
12.1.1 provide the required information including your real name, payment details including your card address; your delivery address if different from your card address; e-mail address and telephone number;
12.1.2 be over the age of 18.
13. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected.
14. Law
These terms and conditions shall be governed by and construed in accordance with British law and you hereby agree to be subject to the jurisdiction of the Courts of England and Wales. All contracts are concluded in English.
15. Data Protection and Privacy
Information you provide to us remains confidential. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully and in accordance with the Data Protection Act 1998. We collect information about you for two reasons: firstly, to process your order and, secondly, to provide you with the best possible service. You specifically authorise us to transmit information to or to obtain information about you from third parties (including, but not limited to, your debit or credit card number), to authenticate your identity, to validate your debit or credit card and to authorise the transaction. You acknowledge that you consent to the processing of such information. Click here for details of our Privacy Policy, the terms of which you acknowledge and agree to be bound by. Should you wish to contact us regarding our Privacy Policy please do so (for details see the “contact us” page of the Website).
16. Entire Agreement
16.1 These terms and conditions together with our current website prices, delivery details, contact details and Privacy Policy set out the whole of our agreement relating to the supply of goods to you by us.
16.2 Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us.
16.3 Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
B. INTELLECTUAL PROPERTY RIGHTS
The content of this website is Copyright © Beds and Bunks Direct Ireland (or its third party licensors). You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us (or our licensors). You may not copy, reproduce, change, modify, license, transmit or sell any material or content contained herein and you are permitted to use this material only as expressly authorised by us (or our licensors).
C. DISCLAIMER
Beds and Bunks Direct Ireland is providing this Website on an “as is” basis and makes no representations or warranties of any kind, whether express or implied, in relation to this Website, or its contents and disclaims all such representations and warranties. In addition, Beds and Bunks Direct Ireland makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information on this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of Beds and Bunks Direct Ireland howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Neither Beds and Bunks Direct Ireland nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Beds and Bunks Direct Ireland accepts no liability for any information or content contained in external third party websites which link to or from this Website.
Notwithstanding the a foregoing, none of these exclusions and limitations are intended to limit any rights you may have as a consumer under local or other statutory rights.
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