Terms and Conditions
You will find our legal advisor’s
learned opinion below. In a nutshell we are here
to provide a predictable and reliable service and
want to be very clear about how we aim to handle
this transaction. Despite everything said below;
if you are not satisfied with how we execute your
transaction, please send a note to our managing
director, Phoebus van Deventer and let him know
you views on phoebus at availablebeds.com or you
can reach him at 0121 321 2035
1. General
1.1 The customer’s attention is drawn to these
terms and conditions of business. All orders placed
with the company via the website only and contractual
agreements via the website only with the company
are subject to these terms and conditions at all
times.
1.2 Nothing in these terms and conditions shall
affect the statutory rights of a consumer.
2. Definitions
“the company” shall mean Available Beds
Limited trading as availablebeds.com, whose registered
office is 14 High Street, Sutton Coldfield, Birmingham,
B72 1UX, a limited company registered in England
and Wales company registration number 5237783 whose
trading address is as above.
“the customer” shall mean any person
or persons, firm, business, partnership, company
or other organisation by whom or on whose behalf
an order is placed for the company to supply the
goods
“the delivery charge” shall mean an
additional charge for delivery of goods under the
contract which are less than £499.00, as detailed
in clause 5.4 below
“the goods” shall mean any goods, item,
or items supplied by the company to the customer
following a contract having been entered into between
the company and the customer. This shall include,
where appropriate, all replacements thereof and
additions thereto
“the premises” shall mean the delivery
location address as nominated by the customer and
advised to the company at the time an order is placed
by the customer with the company. The company will
only deliver to and enter into a contract with a
customer where the premises are in England, Scotland,
or Wales
“the price” shall mean the price for
the goods as detailed on the website
“force majeure” shall mean an event
which occurs outside the company’s control
“company’s literature” shall
mean any document (whether in print or electronically
produced) as prepared from time to time by the company,
and including, but not limited to, catalogues, pricelists,
and brochures
“website” shall mean the website of
the company being the website address www.availablebeds.com
3. General
3.1 The price detailed on the website or in the
company’s literature provided by and/or supplied
by the company shall be valid until such time as
the price shall be amended or varied either by a
change to the website or by publication of new or
amended company’s literature.
3.2 Notwithstanding and without prejudice to clause
3.1 above, the company reserves the right to amend
any price for any goods at any time, including at
the time of order at the company’s sole discretion
and without being responsible for any form of loss.
3.3 All prices detailed on the website or in the
company’s literature are inclusive of delivery
where an order by a customer for any good or goods
shall be in excess of £499.00. In the event
of any order by a customer for any good or goods
of an amount less than £499.00, an additional
charged shall be raised for the company to deliver
the goods to the customer’s premises as detailed
in paragraph 5 below.
3.4 The company reserves the right to withdraw
any of the goods for sale at any point (whether
before or after contract) at the company’s
sole discretion and without being responsible for
any form of loss.
3.5 Where any variation to a contract is subsequently
agreed by the company, the company reserves the
right to amend the price and/or the contract accordingly.
3.6 Any typographical or clerical error or omission
on the website or in any quotation, order, acceptance,
invoice, or the company’s literature issued
by the company shall be subject to correction without
any liability on the part of the company at whatever
time and whenever such a correction shall be necessary.
3.7 Whilst the company shall endeavour to ensure
that the details on the website or in the company’s
literature are accurate, at all times, all drawings,
specifications, photographs, colours, weights, and
information detailed in the company’s literature
or the website or elsewhere relating to the goods
are approximate only and do not form part of the
contract. The company shall not be held responsible
for any variation of the same nor have any liability
in respect thereof. Where divan bed are shown with
headboards these are for illustration purposes only.
Headboards maybe available at extra cost.
4. Contract
4.1 These terms and conditions shall apply to every
contract made via the website. The company shall
not be bound by any terms and conditions which may
be inconsistent with these terms and conditions.
4.2 A contract shall exist when an order has been
placed by or on behalf of the customer via the website
to the company and payment of the price has been
made in full. The company will not enter into any
contract nor be bound by any purported contract
where delivery of the goods is to premises outside
England, Scotland, or Wales (unless the company
specifically agrees in writing to the same).
4.3 In the event that after the placing of an order,
the customer shall request a modification, amendment,
or variation of the contract, then any such request
shall be deemed to be an amendment to the contract
and shall not constitute a new contract.
4.4 The customer may not cancel a contract unless
the company agrees this in writing and then only
upon the terms that the customer shall indemnify
the company in full against all costs, claims, actions,
damages, charges and expenses incurred by the company
as a direct or indirect result of the cancellation.
5. Delivery
5.1 In consideration of the payment of the price
by the customer to the company, the company shall
deliver the goods to the customer on a date to be
notified, and, wherever possible, agreed with the
customer.
5.2 The company shall endeavour to make delivery
of the goods within 7 days of the date of the contract.
However, the company shall not be liable for any
penalty, loss, injury, damage, or expense arising
from any delay or failure in delivery or performance
of the contract from any cause at all, nor shall
any such delay or failure entitle the customer to
refuse to accept any delivery under the contract,
performance of the contract, or to repudiate the
contract.
5.3 All dates quoted or provided by the company
for the delivery are approximate only and although
the company shall use its best endeavours to supply
the goods within the time scale of 28 days, or any
other timescale notified by the company to the customer,
time shall never and not be of the essence at any
point. The company shall not incur any liability
whatsoever for failure to supply or deliver goods
by any given or such date or dates.
5.4 Delivery of the goods shall be affected by
the company arranging transportation of the goods
to the customer’s premises. Subject to clause
6.2 the costs of the transportation and carriage
shall be met in full by the company in the event
that the value of the contract shall exceed £499.00.
In the event that the value of the contract shall
be less than £499.00, then the customer shall
pay the company a delivery charge of £45.00
which shall be added to the price.
5.5 The company may at the company’s sole
discretion subcontract the performance of the delivery
in whole or in part. The choice of carrier in order
to affect delivery shall at all times be the company’s
and the customer shall raise no requisition in relation
to the same.
5.6 Delivery of the goods may take place separately
and on a piecemeal basis.
5.7 The customer warrants in entering into the
contract to ensure that adequate access is available
to the premises to enable the company to deliver
the goods and in the event it is not, the company
shall be at liberty to deliver the goods to the
closest point of accessibility which shall be determined
by the company, employees, servants or agents at
their sole discretion and the customer shall raise
no objection or requisition thereto.
5.8 The customer shall carefully examine the goods
upon delivery and shall notify the company of any
shortages or defects reasonably discoverable upon
careful examination. Such notification shall be
made in writing must be received by the company
within 7 days, commencing with the date of delivery.
In the absence of such notification, the company
excludes all liability in respect of any defects
or shortages. Any goods which the customer believes
are damaged or defective must be retained together
with the packaging for inspection by or on behalf
of the company.
5.9 If the company shall be satisfied that the
goods are satisfactory and are as detailed in the
contract, and are not damaged or defective then
the contract shall be deemed to have been fulfilled
insofar as the company’s obligations under
the contract are concerned.
6. Price
6.1 The customer agrees to pay the price to the
company in the currency in which it was issued.
Available Beds Ltd only transact in Pound Sterling.
6.2 Should the company be prevented from adhering
to the delivery date by the customer’s postponement
or delays (of whatever nature and howsoever arising)
then the company reserves the right to amend the
price to reflect any extra costs incurred to the
company thereby. In particular, in the event that
the company is unable to effect delivery on the
date notified to the customer, as a result of the
customer not making necessary arrangements to enable
the delivery to be properly effected, and as such
a different date for delivery has to be made, the
delivery cost will be levied to the customer and
added to the contract price. Should the order be
cancelled the customer will be liable for the full
delivery costs incurred.
6.3 All prices quoted on the website or in the
company’s literature are inclusive of value
added tax and, where applicable, of any substitute
taxes, levies, duties, imports, fees, or charges
whatsoever and howsoever payable.
6.4 All invoices shall be issued by the company
to the customer upon receipt of order.
7. Payment
7.1 In consideration of the supply of goods by the
company to the customer the customer shall pay the
company the price.
7.2 Payment for the goods shall be due from the
customer in full at the time of order. A contract
shall only exist when payment has been made in full.
7.3 Payment shall be made by debit or credit card
via HSBC.
7.4 In the event of any late payment whatsoever,
the company shall be entitled to charge interest
on any balance due at the rate of 4% over HSBC plc
bank base rate the interest being calculated from
the date that the payment fell due until the date
of payment in full, plus interest.
7.5 The customer shall reimburse the company all
costs and expenses (including, but not limited to,
legal costs) incurred in the collection of any overdue
amount.
7.6 The delivery charge of £45.00 (in relation
to contracts to a value of less than £499.00)
shall be added to the price and paid in full at
the time of order.
7.7 All payments to the company are dealt with
by HSBC. The customer’s attention is drawn
to the company’s limit of liability in this
respect as detailed in paragraph 11.3.
8. Risk and Retention of Title
8.1 The risk in the goods shall pass to the customer
immediately upon delivery.
8.2 Notwithstanding clause 8.1, the company shall
retain title and ownership in the goods until the
price and all other sums outstanding and owing by
the customer to the company are paid in full.
9. Quality of Goods
9.1 The company hereby undertakes and warrants to
the customer that all goods supplied will be of
the requisite quality and fitness for purpose in
line with the appropriate statutory legislation.
9.2 The customer’s attention is drawn to
the fact that (as appropriate) the goods supplied
may be natural products. In particular solid wood,
leather, and velvet goods may be subject to changes
in colour due to their natural properties, including
variations in colour. Painted goods may experience
colouration differences. The company will not be
held liable for any such variation in the goods
which is due to the natural properties of the goods
or colouration differences and the customer shall
not regard the same as a breach of contract.
10. Warranty
10.1 In lieu of all warranties, conditions, or liabilities
imposed by law, the company’s sole liability
in respect of any defect in or failure of the goods
supplied or for any loss, injury, or damage attributable
thereto is limited to making good by replacement
or repaired defects which under proper use appear
therein and arise solely from defective design,
workmanship, or faulty materials within a period
of 12 months from the date of delivery.
10.2 The company will only accept liability under
clause 10.1 above provided it is notified in writing
within 7 working days of any such defect or failure
becoming apparent to the customer and the defective
goods being retained by the customer for the inspection
by the company.
10.3 In respect of all goods supplied, the company
shall not be liable for any defect in or failure
of goods as a result of misuse by the customer or
any third party, due lack of care, or lack of general
maintenance.
11. Liability
11.1 The company shall only be liable as stated
in clause 10 above. This clause is in lieu of all
conditions, warranties, and statements of whatever
nature in respect of the contract whether express
or implied by statute, trade, custom, or otherwise
and any such condition, warranty, or statement is
hereby excluded. At all times the customer’s
statutory rights as a consumer are no affected.
11.2 Without prejudice to the foregoing, the company’s
liability for any loss or damage sustained by the
customer as a direct result of any breach of the
contract or any liability whatsoever of the company
(including negligence) in respect of the performance
of the contract shall be limited to payment of damages
not exceeding the invoice value of the contract.
11.3 The company will not be liable for the following
loss or damage which shall or may arise out of or
in connection with any failure or defect of or in
any part of the goods (including any delay in supplying
or any failure to supply the goods in accordance
with the contract or at all) or its use by the customer
or howsoever caused or for any loss incurred by
the customer in making payment via HSBC (even if
foreseeable or in the company’s contemplation)
including, but not limited to, loss of profit, special,
indirect, or consequential loss or damage (whether
sustained by the customer or any third party), any
loss arising from any claim made against the customer
or any third party), any loss arising from any claim
made against the customer by any third party, and
any personal injury to the customer or any other
person or individual where such injuries are not
caused by the company’s negligence.
11.4 These conditions do not purport to exclude
or restrict any liability which is strictly prohibited
by the Unfair Contract Terms Act 1977.
12. Privacy
The customer’s attention is drawn to the company’s
privacy policy, for the customer’s security
and peace of mind. To read the company’s privacy
policy please click here.
13. Force Majeure
The company shall be entitled, without liability
on its part, and without prejudice to its other
rights, to terminate the contract or any unfulfilled
part there, or, at its option, to suspend or give
partial performance under it, if performance by
the company or its suppliers is prevented, hindered,
or delayed whether directly or indirectly by any
reason or any cause whatsoever beyond the company’s
or its supplier’s reasonable control, whether
or not such cause existed on the date when the contract
was made. Non-exhaustive illustrations include act
or acts of God, war, strike, delay by suppliers,
and shortage of materials, labour, or manufacturing
facilities.
14. Intellectual Property
14.1 The company shall have and shall retain the
property, copyright, and all other intellectual
or industrial property rights in any drawings, designs,
plans, proofs, models, prototypes, catalogues, brochures
and literature.
14.2 The customer shall indemnify the company from
all actions, costs, claims, demands, expenses and
liabilities whatsoever arising from any actual or
alleged infringement brought in connection with
clause 13.1 above.
15. Termination
In the event of any payment due by the customer
to the company not being paid on the due date, or
in the event of the customer becoming insolvent
or bankrupt or a petition being presented on a resolution
being passed for the liquidation (otherwise for
the purpose of amalgamation or reconstruction) or
sequestration of the customer or a receiver, administrator,
administrative receiver or judicial factor being
appointed over all or any of the assets of the customer,
or if any steps are taken in relation to any of
the foregoing, the customer making any voluntary
arrangements with its creditors generally, or if
the customer shall cease or threaten to cease trading
or carrying on business, or if the customer shall,
without prior written consent of the company, sell,
or otherwise dispose of the whole or substantially
the whole of its assets, or if the company reasonably
apprehends that any of the foregoing events is about
to occur (and notifies the customer accordingly),
the company shall be entitled to treat the contract
of which these conditions form part and any other
contract between the company and the customer as
repudiated and shall be entitled to suspend deliveries
to the customer without being liable for any form
of loss.
16. Entire Agreement Clause
16.1 The customer confirms that they have not relied
upon any warranty, representation, or undertaking
of or on behalf of the company by any of its employees
or agents (whether written or oral) in respect of
the goods and the company shall have no liability
in respect thereof.
16.2 The customer further confirms and acknowledges
that it is the sole responsibility of the customer
alone to ensure that the goods ordered from the
company under the contract shall be appropriate
for the customer’s requirements.
16.3 These terms and conditions represent the entire
agreement between the company and the customer.
16.4 Nothing in this clause 15 is intended to neither
exclude nor limit the company’s liability
for fraud.
17. Miscellaneous
17.1 The company may at the company’s sole
discretion subcontract the performance of this contract
in whole or in part.
17.2 In the event of these terms and conditions
conflicting with any other terms and conditions,
then these terms and conditions shall prevail.
17.3 Each right or remedy of the company under
the contract is without prejudice to any other right
or remedy of the company whether under the contract
or not.
17.4 No waiver by the company of any breach of
contract by the customer shall be construed as a
waiver of any subsequent breach of the same or any
other provision hereof.
17.5 Failure or delay by the company in enforcing
or partially enforcing any provision of this contract
shall not be construed as a waiver of its rights
generally under the contract.
17.6 For the avoidance of doubt, nothing in this
agreement shall confer on any third party any benefit
or the right to enforce any term or terms of this
agreement.
17.7 If any provision of these terms and conditions
is held by any competent authority to be invalid
or unenforceable in whole or in part then the validity
of the other provisions of these terms and conditions
and the remainder f the provision in question shall
not be effected thereby.
17.8 Obligations by more than one person are joint
and several and where any party under this agreement
at any time is more than one person, references
to it are to each person individually as well as
jointly with the others comprising it.
17.9 Words importing the singular also include
the plural and vice versa where the context so requires.
17.10 The headings, marginal notes, and notes for
guidance in this agreement shall not be deemed to
be part thereof nor taken into consideration in
the interpretation or construction thereof.
17.11 All references herein to clauses are references
to clauses numbered in this agreement and not to
those in any other document unless otherwise stated.
17.12 This contract shall be governed by and construed
in accordance with the law of England and Wales
and the parties shall submit to the jurisdiction
of the English Courts in their entirety.
