Absolute Sofas - Terms & Conditions
ABSOLUTE SOFAS ONLINE TERMS AND CONDITIONS
These terms and conditions of sale constitute a binding agreement
between Sleepwell Direct Limited trading as Absolute Sofas
(us/we/our/Seller) and its customers (you/your/Buyer). By purchasing
through this website you agree to be bound by the terms and conditions
set out below.
1. CONDITIONS APPLICABLE
1.1. These terms and conditions shall apply to the contract to the
exclusion of all other terms and conditions including any terms or
conditions which you may purport to apply under your purchase order
confirmation or similar document.
1.2. Any variation to these terms and conditions (including any
special terms and conditions agreed between the parties) shall be
inapplicable unless agreed in writing by us.
1.3. Any typographical, clerical or other error or omission in any
sales literature shall be subject to correction without any liability on
our part.
1.4. Any representations made by our employees or agents (including
customer services) concerning the goods shall not be incorporated into
the contract unless confirmed by us in writing and in entering into the
contract you acknowledge that you do not rely on and waive any claim for
breach of such representations which are not so confirmed.
1.5. We reserve the right to modify or withdraw, temporarily or
permanently, this website (or any part thereof including these terms and
conditions) without notice to you and you confirm that we shall not be
liable to you or any third party for any modification to or withdrawal
of the website.
1.6. You are provided with access to this website in accordance with
these terms and conditions and any orders placed by you must be placed
strictly in accordance with these terms and conditions.
1.7. The information contained on our website is not a substitute for
medical advice or treatment. You accept that we recommend consultation
with your doctor or health care professional and we will not be liable
for any claims, loss, injury or damage suffered by you or a third party
in reliance on information provided.
2. ORDERS OF GOOD(S)
2.1. All orders are subject to acceptance in accordance with our Order Acceptance clause set out below.
2.2. Sadly we cannot guarantee we will have all items in stock all
the time. If an item is out of stock, we will tell you if we have more
coming in and when. If you can wait we will place your order on back
order and send the goods to you when they arrive. You can phone email us
for up to date stock information.
3. FORMATION OF CONTRACT AND ORDER ACCEPTANCE
3.1 You can place your order for our goods:
(a) by telephoning customer services on the number set out at our Customer Services Contact Details clause below;
(b) by emailing us at the email address set out at our Customer Services Contact Details clause below; or
(c) on our website by pressing the confirm order button at the end of
the check-out process. You will be guided through the process of
placing an order by a series of simple instructions on the website.
3.2 We will send to you an order acknowledgement email detailing the
goods you have ordered. This is not an order confirmation or order
acceptance from us. By placing an order, the customer is making an offer
on our website. The contract of purchase will be in place only if the
customer's order is accepted by the seller.
3.3 Order acceptance will take place once you have received an order
confirmation from us, unless prior to your receipt of our order
confirmation, we have notified you that we do not accept your order.
3.4 Non-acceptance of an order may be a result of one of the following:
(a) The delivery address is in an area of inaccessibility;
(b) Our inability to obtain authorisation for your payment;
(c) The identification of a pricing or product description error;
(d) Delivery is delayed for reasons beyond our control, including
(but without limitation to) the reasons set out in our Unsuccessful
Delivery Attempt clause and Force Majeure clause below;
(e) Your failure to:
(i) stipulate a delivery address in the United Kingdom including a postcode or equivalent;
(ii) to possess a valid credit or debit card issued by a bank acceptable to us;
(iii) be over 18 years of age;
(iv) comply with and consent to the clause below and generally the terms of our website privacy policy.
(f) Receiving electronic payment from the customer's credit/debit
card, or PayPal account does not signify acceptance of the purchase
offer.
3.5 By making an offer to buy good(s), you specifically consent to (in accordance with our website privacy policy
our transmitting personal information or to obtain personal information
about you from third parties from time to time for the purpose of
fulfilling the order made. This may include (but is not limited to) your
debit or credit card number or credit reports, to authenticate your
identity, to validate your credit card, to obtain an initial credit card
authorisation and to authorise individual purchase transactions. We
will take all reasonable care to keep the details of your order and
payment secure, but in the absence of negligence on our part we cannot
be held liable for any loss you may suffer if a third party procures
unauthorised access to any data you provide when accessing or ordering
from the website.
3.6 Prior to acceptance of an order by us, we reserve the right at any time and at our sole discretion to:
(a) withdraw any good(s) from this website; and/or
(b) edit or remove any materials or content on this website; and/or
(c) reject any order.
3.7 If there are any problems with your order, you will be contacted by customer services.
4. DELIVERY
4.1 We aim to deliver on the date requested by you if you used our
selected delivery options. Further information about deliveries can be
viewed on our Transport and Delivery page.
4.2 We offer FREE NEXT WORKING DAY DELIVERY for orders placed and
paid for before 11am on stocked mattresses, divan sets, pillows and self
assemble furniture requiring delivery to mainland UK (orders over £99
only).
4.3 Whilst we aim to deliver all mattresses, divan sets, pillows and
self assemble furniture in stock (orders over £99 only) on the next
working day, we cannot guarantee delivery on the next working day and
any date quoted for delivery of the goods is approximate only. Further,
we shall not be liable for any loss suffered by you arising from any
delay in the delivery of the good(s).
4.4 Reasons for delay or non-delivery could be:
(a) During holiday periods eg: Christmas, Easter;
(b) The good(s) that you have ordered are not in stock and we are therefore reliant on our suppliers’ timeframes;
(c) The delivery area requires a ferry crossing or is otherwise an
area of inaccessibility. For deliveries in these districts you should
allow extra time and a delivery fee may be incurred;
(d) Unforeseen circumstances, such as but not limited to lock-outs,
riots, strikes, malicious damage, trade disputes, labour disturbances,
government action, (including action by any local or statutory
authority), floods, fire, vehicle breakdown, acts of God, delays by
suppliers or any other cause whatsoever beyond our control.
4.5 If we cannot deliver on the next working day for any reason, we
will update you by e-mail or telephone as to the progress of your order,
advising you of the anticipated delivery date, and contact you by email
or telephone once your good(s) is (are) ready for dispatch.
4.6 The delivery timeframes and delivery costs of goods not in stock
are dependent on our suppliers. Please generally allow up to 6 weeks for
delivery. Some of the brands we stock offer more favourable delivery
times, for more information please see our Transport and Delivery page.
4.7 Deliveries to Northern Ireland, the Scottish Isles, the English
Isles and the Channel Islands, the Republic of Ireland or elsewhere in
Europe can be arranged on stocked and not stocked items however
additional time and a delivery fee will be incurred.
4.8 We have broken down our delivery procedure into 3 steps, which should ensure a smooth and efficient delivery service:
STEP 1. Order acknowledgement:
On receipt of your order, we will send you an order acknowledgement via
email. The acknowledgement will give you full details of the good(s)
you have purchased, delivery address, and financial details of the
transaction. Please take time to carefully check:-
(a) Your name, delivery address, telephone numbers and postcode are correct;
(b) The goods are correct (including colours, quantities required etc.); and
(c) The financial details total correctly.
If you do not receive an acknowledgement or if you find any errors, phone us on 020 8208 1616 or email customer services at sales@absolutebeds.co.uk
STEP 2. Order confirmation:
Prior to dispatch of your good(s), we will send you an order
confirmation by email, giving you full details of the good(s) you have
purchased, delivery address, financial details of the transaction and an
anticipated delivery day.
If you do not receive an order confirmation phone us on 020 8208 1616 or email customer services at sales@absolutebeds.co.uk
If the anticipated delivery day is not convenient or if you find any
errors on your order confirmation, please phone us on 020 8208 1616 or
email customer services at sales@absolutebeds.co.uk and quote your
personal order/reference number provided on the order confirmation.
Please note dispatch will not take place unless you have received an order confirmation.
STEP 3. Delivery of your good(s): Following successful completion of steps 1 and 2, delivery will take place on the confirmed day.
4.9 Delivery is generally carried out by a national carrier and their
experienced delivery drivers, who will deliver your new goods to the
most easily accessible ground floor door to your premises. Please note
that if you live in a block of flats or in a basement premises, your
good(s) will only be delivered to the most easily accessible ground
floor door of the building, and will not be delivered to your specific
door of your premises within the building or basement. Should you need
help upstairs or require assistance with the positioning of your goods,
you must arrange this yourself. Please note our courier delivery drivers
are not insured to enter private premises. They cannot and will not
enter your premises or any building leading to your premises, assemble
your new goods or dispose of your old goods.
4.10 Delivery of special orders, bespoke furniture and high end brand
bedroom furniture (such as solid wood bed frames and furniture by
Brigitte Forestier, Frank Hudson, and Presotto etc) necessitate the use
of specialist "white glove” delivery personnel. The charge incurred to
cover delivery of these goods, also includes assembly and the removal of
packaging. Customers are advised to inform us of any restrictions
regarding access to the property.
5. UNSUCCESSFUL DELIVERY ATTEMPT
5.1 If, contrary to our Delivery clause above, and otherwise than by reason of our fault:
(a) you fail to give us adequate delivery instructions and/or fail to
inform us that there are errors in the order acknowledgement and/or
order confirmation relating to your delivery address details; or
(b) you fail to inform us that the anticipated delivery day is not
convenient and/or that there are errors in your order confirmation
relating to your delivery address details;
and as a consequence you fail to take delivery of the good(s) whenever
they are tendered for delivery, then without prejudice to any other
right or remedy available to us, we reserve our right to and will
generally seek to recover transportation costs for the return trip and
an administration fee. You may arrange to collect the good(s) at your
expense to avoid a second delivery fee. If you no longer want the
good(s) please see the procedure under our Returns and Cancellation Policy clause .
6. PRICE & PAYMENT
6.1. We take all reasonable care to ensure that all details,
descriptions and prices of goods appearing on our website are correct at
the time when the relevant information was entered onto the system.
Although we aim to keep the website as up to date as possible, the
information including product description and prices appearing on this
website at a particular time may be subject to change without notice.
6.2. Any new prices, offers and conditions or changes to existing prices, offers and condition do not apply retrospectively.
6.3. The price listed includes VAT (Value Added Tax) at the UK
standard rate. If at any time we deem it necessary to decrease the
price, we shall have the right to give written notice of such action to
you, reducing the price following which such decrease shall be
subtracted from the price accordingly. The correct price you will pay
will be on your printed order confirmation.
6.4. We reserve the right to increase the price to reflect any taxes
or duties which are or may from time to time be levied by any
governmental statutory or local authority upon the sale of the good(s)
and any necessary additions shall be charged at the rates prevailing at
the date of invoice.
6.5. We accept all major credit cards/debit cards VISA, Delta,
MasterCard, Switch and Solo. We use secure web pages and offer the use
of our secure real-time credit card transaction server.
6.6. You must confirm that the credit or debit card that is being
used is yours in order to purchase good(s) on our website, by email or
over the telephone.
6.7. All credit/debit card holders are subject to validation checks
and authorisation by the card issuer. If the issuer of your payment card
refuses to or does not, for any reason, authorise payment to us,
without prejudice to our Returns and Cancellation clause below, we shall
be permitted to cancel our contract with you.
6.8. All orders are payable in full before delivery. Interest (before
and after judgment) on any unpaid balances is chargeable at the rate of
4% per annum above NatWest Bank Plc base rate from time to time until
payment in full is made.
7. RETURNS & CANCELLATION POLICY
7.1. We want all our customers to be completely satisfied with their
Absolute Beds purchase without reservation. We therefore offer customers
a cooling off period of seven (7) days, starting from the date the
goods are delivered, in which a customer can cancel the contract without
giving a reason. The customer must notify us in writing, for example by email, fax or letter, within 7 days of the date of delivery. Notification by phone is not sufficient.
7.2. Due to the intimate nature of beds, mattresses, pillows etc the
goods must still be sealed in original packaging and not used or
damaged. For reasons of health and hygiene any beds, mattresses or
bedding that has been unsealed will be deemed to have been used and
cannot be returned for any other reason than a manufacturing fault.
7.3. If the Buyer does not cancel the contract in accordance with our
Returns and Cancellation Policy, the Buyer shall be deemed to have
accepted the goods (except any manufacturing faults) and will not be
liable to return the goods to the Seller.
7.4. If you are unhappy with your purchase for any reason or change your mind and you give us written notice prior to delivery
we will refund the cost of your goods. Any refund will be less a £35
administration fee, plus the cost of the credit/debit card transaction
fee charged to the Seller by the Seller’s payment processor NatWest.
7.5. Refunds on cancelled contracts prior to delivery will be made as
soon as possible following written notification of cancellation and in
any case will not exceed a period of 30 days from that written notice.
7.6. All refunds will be made onto the same card used to make the original purchase.
7.7. If you are unhappy with your purchase for any reason or change
your mind and you cancel the contract in accordance with our Returns and
Cancellation Policy after delivery of the good(s), you have two options:
(a) take responsibility for returning the products to us at your own cost and at your own risk; or
(b) authorise us to collect the goods at a mutually convenient date.
The goods must be in the original sealed packaging and in the condition in which they were delivered to the Buyer.
The goods cannot be used or damaged. The Buyer must retain possession
of and responsibility for the goods until the cancellation notice has
been sent (within the relevant time limit), the goods have been
collected/returned AND the returned goods have been accepted by us. The
Buyer will need to ensure that all reasonable care is taken of the goods
whilst in his/her possession.
7.8. If you have cancelled the contract in accordance with our
Returns and Cancellation Policy after delivery of the good(s) and you
intend to return the goods to us you must ensure that the goods are
returned within 21 days of cancellation. The Buyer must take reasonable
care to ensure that the goods are not damaged prior to their return or
in transit and the goods must be in the original sealed packaging.
7.9. If you have cancelled the contract in accordance with our
Returns and Cancellation Policy after delivery of the good(s) and we are
to collect the goods, we will arrange to do so within 21 days of
cancellation. We reserve the right to and will generally seek to recover
the cost of collecting the goods, which would be deducted from the
refund amount or added to any upgrade.
7.10. Refunds on cancelled contracts where the good(s) are already
delivered will take place as soon as possible following the
collection/return and inspection of such goods and in any case will not
exceed a period of 30 days following that collection/return and us
accepting the returned goods. Any refund will be less the cost of the
credit/debit card transaction fee charged to the Seller by the Seller’s
payment processor NatWest. For cancellations after delivery, the Buyer
will therefore be re-credited with a full refund less the exact cost of
collecting the goods (if applicable), an administration fee of £35 and
the card transaction fee.
7.11. Unfortunately, there are the following exceptions to our returns policy:
(a) Made to measure and special order goods (without fault);
(b) Mattresses/Beds that are not in the original packaging or are unsealed;
(c) Customer damaged goods;
(d) Unwanted or damaged items not notified in writing within 7 days.
(e) Non-standard or catalogue products.
8. DAMAGED OR FAULTY GOODS
8.1. You should inspect your goods on delivery and if your goods are
defective, faulty or damaged or there is anything missing you must
notify us by telephone or email within 48 hours of receipt. We must ALSO
receive written notification setting out the alleged fault, damage or
missing parts within 7 days of delivery.
8.2. The Buyer must not use the defective goods.
8.3. The Seller will contact the Buyer within 2 working days of
receiving notification of an alleged fault, damage or missing part(s).
The Seller will discuss the problem with the Buyer and seek to provide a
solution to rectify the problem. The Seller reserves the right to
repair or replace such goods, refund the price of such goods, or take
other such means in their discretion to rectify the problem.
8.4. The Seller will not be liable to replace any goods should the
defects arise from fair wear and tear, wilful damage, negligence,
misuse, abnormal working conditions, and failure to follow instructions
as to storage of the goods, or goods that have been altered by the
Buyer.
9. GUARANTEE
9.1. The manufacturers of bedding goods generally offer a guarantee
of a stipulated length on their goods from the date of delivery of the
good(s) purchased. The provisions of any manufacturers guarantee will be
attached to your good(s) on delivery. This guarantee is an added
benefit and does not affect your statutory rights as a consumer.
9.2. The manufacturers guarantee terms will contain warranties
relating to the quality of their goods. Should a breach of a
manufacturers guarantee arise due to either faulty material or poor
workmanship, the manufacturer promises to act in accordance with the
guarantee they offer. Generally, a manufacturers guarantee will provide
for the replacement of any part or the entire product that is defective
and ensure delivery free of charge.
9.3. Any complaints made by you during the period covered by the
manufacturers guarantee should initially be made to us in writing (by
fax, email or letter), quoting your order reference number and setting
out the alleged fault. We shall then liaise with the manufacturer on
your behalf and keep you fully informed of how the matter progresses. If
your product is faulty or damaged when delivered, you must follow the
procedure set out in our terms and conditions under Damaged or Faulty
Goods (section 8).
9.4. In the years following the period expressed in the
Manufacturers Guarantee, we offer as an EXTRA BENEFIT to you an
additional Absolute Beds Warranty. This Absolute Beds Warranty is
separate from and effectively extends the manufacturers guarantee (no
matter what its length) by doubling the period covered. Therefore if
your manufacturers guarantee is for 5 years, our warranty will ensure
you peace of mind for a further 5 years (10 years in total).
9.5. If, after the expiry of the manufacturers guarantee, your
good(s) develop a fault and you wish to claim on our Absolute Beds
warranty, we will impose a charge for the replacement of the faulty item
according to its age. The charges are based on a sliding scale - the
older the item is, the more you will need to contribute towards the
replacement (including delivery costs). The charges will be calculated
as follows (please note that the periods set out below are defined with
reference to the date the manufacturers guarantee expires):
1st year after Manufacturers guarantee expires - charge is 10% of replacement cost
2nd year after Manufacturers guarantee expires - charge is 20% of replacement cost
3rd year after Manufacturers guarantee expires - charge is 30% of replacement cost
4th year after Manufacturers guarantee expires - charge is 40% of replacement cost
5th year after Manufacturers guarantee expires - charge is 50% of replacement cost
6th year after Manufacturers guarantee expires - charge is 60% of replacement cost
7th year after Manufacturers guarantee expires - charge is 70% of replacement cost
8th year after Manufacturers guarantee expires - charge is 80% of replacement cost
9th year after Manufacturers guarantee expires - charge is 90% of replacement cost
9.6. On specific high end brands we offer an Extended Absolute Beds
10 Year Warranty. We recognise that the quality of certain high end
brand goods we sell is second to none and we are willing to back it up
with an Extended Absolute Beds 10 Year Warranty. At the expiry of the
period expressed in the Manufacturers Guarantee, we offer a further 10
year warranty on the following brands:
Therefore if, for example, your Sleepshaper manufacturers guarantee is
for 10 years, then our Extended Absolute Beds 10 Year Warranty will
ensure you peace of mind for a further 10 years (20 years in total).
9.7. If, after the expiry of the manufacturers guarantee, your
good(s) develop a fault and you wish to claim on our Extended Absolute
Beds 10 Year Warranty, we will impose a charge for the replacement of
the faulty item according to its age. The charges are based on the same
sliding scale as set out above. The same charges are applicable to
replacement goods supplied under both our Absolute Beds Warranty and
Extended Absolute Beds 10 Year Warranty.
9.8. To be entitled to a replacement product in accordance with our
Absolute Beds warranty or Extended Absolute Beds 10 Year Warranty, you
will need to comply with our Warranty Conditions set out below.
10. WARRANTY CONDITIONS FOR ABSOLUTE BEDS WARRANTY AND EXTENDED ABSOLUTE BEDS 10 YEAR WARRANTY
10.1 In order to make use of our Absolute Beds warranty or Extended
Absolute Beds 10 Year Warranty you must have followed the manufacturer’s
instructions supplied with the good(s).
10.2 If the manufacturers guarantee requires you to return a
completed manufacturers guarantee registration card, then to make use of
our warranty you must have completed and returned the original
manufacturers guarantee registration card within 4 weeks of receipt of
the goods or other such timeframe as stipulated by the manufacturer and
within the same timeframes mentioned above you must have also provided
us with a copy of the duly completed manufacturers guarantee
registration card at the address/details listed in the Customer Services
Contact Details clause below.
10.3 The good(s) must be or have been turned regularly, as per the
instructions, thereby minimising the settlement of the cushioning
layers. The exception is a no turn product, which will be clearly
specified on the tag.
10.4 The warranties cover physical defects and, in memory foam
material, changes that cause a visible indentation of more than 2cm.
10.5 We are unable to accept items that are either soiled or
un-hygienic. Therefore, please ensure that you use an adequate mattress
protector/cover from the first day of use.
10.6 The warranties do not cover normal changes in tension,
discolouration or any dislike of the inherent smell of memory foam.
10.7 The Absolute Beds Warranty and Extended Absolute Beds 10 Year
Warranty is void and you will not be entitled to a replacement product
if a fault results from misuse of the goods. Examples of misuse include:
(a) Use without bed linen;
(b) Rolling or bending the good(s);
(c) Subjecting the good(s) to excessive wear and tear, e.g. jumping up and down on the mattress(es);
(d) Using the good(s) for something other than their normal and proper use;
(e) Using the goods in a careless or negligent manner;
(f) Altering, modifying or otherwise interfering with the good(s);
(g) Using the good(s) with a base for which it was not designed (e.g. an old sprung base); and
(h) Overloading any drawers and causing distortion of the base.
10.8 If a claim is made under the warranty, you must present an invoice or sales receipt as documentation of your purchase.
10.9 All claims must be made to us in writing (by fax, email or
letter), setting out the alleged fault, quoting your order reference
number (if known) and attaching proof of purchase (an invoice or sales
receipt). Our registered address (for notices sent by post), fax and
email details can be found at the Customer Services Contact Details
clause below.
10.10 Wherever possible, any replacement will be identical goods or
made of identical material. However, if identical goods or material is
no longer available, we reserve the right to substitute appropriately
with a similar good /material or one of higher quality.
11. TITLE AND RISK
11.1 Risk of damage to the goods shall pass to you upon delivery of
the goods. Delivery shall not be made until payment in full cleared
funds is received.
11.2 Property in the goods shall not pass to you until we have
received in cleared funds payment in full of the price and the price of
all other goods (if any) agreed to be sold by us to you for which
payment is due.
11.3 Until such time as the property in the goods passes to you, we
shall be entitled at anytime to require you to deliver up the goods to
us and if you fail to do so, immediately to enter your premises or
premises of any third party where the goods are stored and repossess the
goods.
11.4 Until such time as the property in the goods passes to you, you
shall hold the goods as our fiduciary, agent and bailee and shall keep
the goods separate from those belonging to you and third parties and
properly stored in the original wrappings, protected, insured and
identified as owned by us.
11.5 If the Buyer cancels a contract after delivery of the goods, the
Buyer must retain possession of and responsibility for the goods until
the cancellation notice has been sent (within the relevant time limit),
the goods have been collected/returned AND the returned goods have been
accepted by us. The Buyer will need to ensure that all reasonable care
is taken of the goods whilst in his/her possession as risk and title lie
with the Buyer until the cancellation notice has been sent (within the
relevant time limit), the goods have been collected/returned AND the
returned goods have been accepted by us.
11.6 You shall not be entitled to pledge for any indebtedness any of
the goods which remain our property but if you do so, all monies owing
to us by you shall (without prejudice to any other right or remedy
available to us) immediately become due and payable.
12. INTELLECTUAL PROPERTY AND RIGHT TO USE
12.1 You acknowledge and agree that the material and content
contained within the website is made available for your personal
non-commercial use only and that you may (if necessary to make a
purchase) download such material and content onto only one computer hard
drive for such purpose and no other. Any other use of the material and
content of the website is strictly prohibited. You agree not to (and
agree not to assist or facilitate any third party to) copy, reproduce,
distribute, publish, transmit, display, commercially exploit or create
derivative works of such material and content.
12.2 You acknowledge and agree that all current and future 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 are permitted to use this material
only as expressly authorised by us or our licensors.
13. LIMITATION OF LIABILITY
13.1. We make no warranty that the website will meet your
requirements or will be timely, uninterrupted or error-free, that
defects will be corrected, or that the site or the server that makes it
available are free of viruses or bugs or represents the full
functionality, reliability, and accuracy of the website. Please note
also that the colours shown in the images on our website will vary
dependent on your computer’s monitor calibration. We will not be
responsible or liable to you for any economic loss suffered or any loss
of content or material uploaded or transmitted through the website. This
does not affect your statutory rights as a consumer, nor does it affect
your contract cancellation rights.
13.2. Our liability hereunder for any delay in performing or any
failure to perform any of our obligations in relation to the good(s)
shall be limited to the excess (if any) over the price of the cost to
you in the cheapest available market of similar goods to replace those
not supplied.
13.3. We will not be liable, in contract, (including, without
limitation, negligence [whether caused by us or our servants, agents or
employees] or any other duty at common law), pre-contract or other
representations (other than fraudulent or negligent misrepresentations)
or any implied warranty condition or under the express warranty terms of
the contract or otherwise out of or in connection with the conditions
for:
(a) any economic (including consequential) losses or damage
(including without limitation loss of profits, revenue, business,
contracts or anticipated savings);
(b) any loss of reputation or goodwill;
(c) any expenses, costs or other claims for compensation whatsoever; or
(d) any special or indirect losses suffered or incurred by you or any
third party arising out of or in connection with the provisions of any
matter under these terms and conditions.
13.4. You shall indemnify us against all claims, losses, expenses and
costs made against or suffered by us arising from or incurred by reason
of any loss, injury or damage suffered by a third party and arising out
of your use of the good(s).
13.5. Nothing in the conditions shall exclude or limit our liability
for death or personal injury resulting from our negligence or that of
our agents, servants or employees.
14. FORCE MAJEURE
14.1. We shall not be liable for non-delivery or delay by reason of,
but not limited to, lock-outs, riots, strikes, malicious damage, trade
disputes, labour disturbances, government action, (including action by
any local or statutory authority), floods, fire, vehicle breakdown, acts
of God, delays by suppliers or any other cause whatsoever beyond our
control.
14.2. The Company shall not be under any liability to the customer
for any loss or damage however so arising, if performance of the company
is prevented, hindered or delayed by FORCE MAJEURE or by circumstances
outside of the company's control.
15. GENERAL
15.1. The contract shall be governed by the Laws of England and subject to the jurisdiction of the English Courts.
15.2. We may perform any of our obligations or exercise any of our
rights hereunder by ourselves or through our agents, servants,
representatives, employees or any other person so nominated by us.
15.3. The headings in these terms and conditions are for convenience only and shall not affect the interpretation.
15.4. Any reference in the terms and conditions to any provisions of a
statute shall be construed as a reference to that provision as amended
from time to time.
15.5. If any provisions of these terms and conditions is held by any
competent authority to be invalid or unenforceable in whole or in part,
the validity of the other provisions of these terms and conditions and
the remainder of the provisions in question shall not be affected
thereby.
15.6. No failure by us to exercise any power given to us or to insist
upon the strict compliance by you with any obligation hereunder and any
custom or practice of the parties at variance with the terms and
conditions shall constitute any waiver of any of our rights under the
contract.
15.7. No waiver by us of any breach of the terms and conditions by
you shall be considered as a waiver of any subsequent breach of the same
or another provision.
15.8. Except as otherwise provided nothing in the terms and
conditions shall confer on any third party any benefit or the right to
enforce any terms of the contract.
15.9. Any notice given hereunder must be in writing and delivered or
sent by post or facsimile transmission to the principal place of
business of the party to whom it is addressed.
15.10. Clerical and typographical errors in any advertising,
quotations, estimates or invoices are subject to correction by the
Company.
16. CUSTOMER SERVICES CONTACT DETAILS
Phone: 020 8208 1616
(Calls charged at normal rates)
(Open: Monday to Saturday 10am - 6pm, Sunday and Bank Holidays 11am - 5pm)
Fax: 0208 452 2477
E-mail: sales@absolutebeds.co.uk
Check out our website at www.absolutesofas.com
Registered Office:
Sleepwell Direct Limited t/a Absolute Sofas
273 Cricklewood Broadway
London
United Kingdom
NW2 6NX
Company Registration Number: 6751243
Company VAT Number: GB944148221 |
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