Terms & ConditionsConditions Applicable
Nothing in these conditions shall affect the buyer’s statutory rights as a consumer.
The Seller shall sell and the Buyer shall purchase the products in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders placed using the Seller’s electronic online ordering service, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
Any typographical or clerical or other 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.
If any provision of these conditions is adjudged invalid or unenforcable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
The Price and Payment
Save as provided otherwise herein the Price shall be that as stipulated in the Seller’s published price list current at the date of order of the Products. Any 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. 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. 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.
Payment of the Price shall be due at the date of the order. Time for payment shall be of the essence. 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. If the Buyer fails to make payment as required the Seller may suspend delivery of the Products or any further Products ordered until payment is made in full.
Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 2% above Barclays Bank Plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.
The quantity and description of the Products shall be set out in the Seller’s quotation.
The Seller may make any 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.
Photographs are for illustrative purpose only, and may not exactly match the product itself.
Warranties and Liability
All goods supplied by the Seller come with a manufacturer’s warranty of at least 12 months.
The Seller shall provide the Buyer with such information as is required 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. Photographic evidence may be required from the buyer to back up any claim. Where a claim is made by the buyer where a product is found not to be faulty any costs incurred will be payable by the buyer.
The Seller does not provide any warranty cover against defects in his own right.
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.
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. 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.
Delivery and Cancellations
The Seller shall use his reasonable endeavors to meet any date agreed for delivery.
In any event time of delivery shall not be of the essence.
The Seller shall not be liable for any delay in delivery howsoever caused.
In the case of goods purchased by credit card, those goods can only be shipped to the credit card holders address (in order to protect you, we carry out extensive checks to ensure that your card is not being used fraudulently) and must be signed for on delivery.
All orders for delivery to addresses within mainland GB are delivered for a charge of £20
Generally, where an order contains more than one item all items will be delivered at the same time once all items are available.
Where a delivery date has been agreed with our carrier but the customer isn’t present to receive the delivery we reserve the right to charge the customer a minimum of £45 to cover part of the cost of the failed delivery.
An order may be cancelled at any time between the placement of the order and 7 days following delivery of the goods. Cancellations will only be accepted in writing by email or post. There will be a £30 administration cost deducted from the refund and a further minimum of £80 will be charged by the seller if goods have tried but failed to be delivered or have been delivered to the consumer to cover transportation costs. Goods must be returned in the same condition as they were in when delivered with all packaging intact. Any item which is not adequatley packaged at time of collection will not be collected. Mattresses cannot be returned once the packaging has been opened. If you wish to test your new mattress please keep in in original packaging until you are sure you want to keep it
All orders that are specially made for the customer (this includes all items that are manufactured to order, including all mattresses and divans that are not in stock) or a non-standard size are exempt from the 7 days cancellation policy and are fully chargeable.This does not affect your statutory rights.
Please Note: all overnight deliveries are to the door only,if you want your goods on a 2 man service this will take between 2 and 4 weeks.
Acceptance of the Products
Other than where the Buyer acts as a Consumer the Buyer shall be deemed to have accepted the Products 7 working days after delivery to the Buyer.
After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.
Goods must be fully inspected on delivery, any damage must be clearly signed 'damaged'. Any goods which have been signed for will be regarded as accepted in good condition. Unless signed for as damaged any claim for return as 'damaged on delivery' will not be accepted.
Title and Risk
Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
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.
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.
Neither party shall 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 strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller’s premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer’s address as provided to the Seller.
The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
No statement, description, warranty condition or recommendation contained in any catalogue, price list or 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.
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 or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
Storage Charges for Returned Goods: At the discretion of the seller a standard charge of £5.00 per item per week will be charged for any item/s stored by the seller for over 6 weeks in continuous duration. Where the customer has not contacted the seller concerning their property for a period in excess of 6 weeks this charge will defacto automatically be levied.
Set up costs are extra for all Stompa Products, this depends on what Stompa frame you are buying.
Proper Law of Contract
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.
Some points that will speed up your order: We verify all orders against current voters list, so if you have moved in the last 3 years please advise previous address by e-mail. We check all details with your card provider; please ensure "Invoice" address is as supplied to your card provider. If you have moved within the last three months please ensure your card provider has your correct Address details. We use Land Line telephone numbers as added security checks; please ensure you supply this as well as MOBILE.
Please note that for your Security; we do not dispatch goods to addresses that have no Land line Telephone Number without getting verification that the addressee lives there.