IMPORTANT: Please read these Terms and Conditions carefully. They form a legally binding agreement between you and us. If you do not agree with these Terms and Conditions, please do not access or use the Website or place any orders with us through the Website or by phone.
These Terms and Conditions apply to your access and use of the Website and/or to any orders you place through the Website or by phone. By: clicking the “I ACCEPT” button on the Website to accept these Terms and Conditions accessing or using the Website; placing an order with us through the Website; and/or confirming, whether by email, post or phone, that you accept these Terms and Conditions, you are agreeing to be bound by these Terms and Conditions and enter into a contract with Nestledown Beds Limited, a company registered in England and Wales, whose registered number is 01478223 and whose registered office is at Knight Road, Rochester, Kent, ME2 2BP.
If you do not accept these Terms and Conditions you should not click “I ACCEPT” or access or use the Website or place an order with us through the Website or by phone.
2. CUSTOMER INFORMATION
You are responsible for the accuracy and completeness of the personal information that you give to us and you warrant that such information is accurate and complete in all respects. You agree to notify us of any change to such information.
3. ORDER PROCESS
3.1 You must be over 18 to place an order via the Website.
3.2 We will provide an estimated date on which such product(s) will be delivered to you.
3.3 Following our confirmation on the product(s) estimated delivery date, we will take payment from you in respect of the product(s) ordered and will send you a confirmation (by email if you have an email address or by post if you do not have an email address) of dispatch of the product(s). That confirmation of dispatch constitutes our acceptance of your offer and the formation of a contract between you and us for the sale of such product(s) under these Terms and Conditions.
3.4 We will take all reasonable care, in so far as it is in our power to do so, 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.
4.1 The prices payable for products are shown on the Website and will be discussed with you if you place an order by phone. We make an additional charge for delivery costs to the Highlands of Scotland (£60), there may be an additional charge of (£50) to certain postcode areas, and (£25) to Northern Ireland.
We do not offer a White Glove delivery service to Jersey, Guernsey, Isle of Man and Southern Ireland.
4.2 All product prices on the Website are inclusive of VAT but exclusive of any delivery charges, which are added, inclusive of VAT at the point of payment.
5. NON-ACCEPTANCE OF ORDERS BY US
5.1 We can refuse to accept or fulfil any order in our absolute discretion, including, without limitation, if:
5.1.1 There is a pricing or description error when the order is placed which is obvious and unmistakeable and could have reasonably been recognised as a mis-pricing;
5.1.2 2 your payment is refused;
5.1.3 3 we do not deliver to the area in which your delivery address is located; and/or
5.1.4 4 it is not possible or practical for us to deliver to, or we have any other concerns with, the delivery address that you have given us.
5.2 If we refuse to accept an order in accordance with this Clause 5, we will not be obliged to offer any compensation for loss or disappointment suffered by you.
6.1 We accept payment by credit or debit card (Visa, MasterCard, Maestro, Visa Debit, Visa Electron, American Express or PayPal.)
6.2 We do not allow orders to be placed by paying a deposit and paying the balance of the purchase price for the product(s) ordered at a later date.
6.3 All payment transactions may be subject to validation checks and authorisation by the relevant card and service providers and/or by us. If your card issuer/payment service provider refuses to authorise payment to us, we will not be liable for any delay or non-acceptance of orders made by you.
6.4 If for any reason any payment is refused after we have dispatched any product we will have the right to request the payment from you or recover the relevant product(s) from you. We may charge you for our costs in recovering the product(s) or seeking further payment.
6.5 Full ownership and title in any product ordered from us will remain with us and will not pass to you until we have received payment of the full purchase price for such product.
7.1 We are only able to deliver a product to an address within mainland UK (excluding offshore islands). If we do not deliver to your address and you would like to order and collect any product(s), please contact us using the information available on the “Online Enquiry” page within Get in Touch on our Website.
7.2 We are only able to deliver products between Monday and Saturday (excluding bank and other public holidays) and there must be a person aged over 18 at the delivery address when the product is delivered.
Once you have submitted an order; you may not be able to change the delivery address. If you would like to discuss a change to the delivery address after you have submitted an order, please contact us as soon as possible using the information available on the “Online Enquiry” page within Get in Touch on our Website.
7.3 The estimated delivery date of a product is based on the delivery address you have provided to us and is subject to receipt by us from you of payment for such product. Although we endeavour to deliver products on the estimated delivery date, such date is indicative only and we cannot guarantee that the delivery will take place on such date, although, unless agreed otherwise with you, delivery of any product will take place within 30 days of the date on which we received payment from you for such product.
7.4 You must inform us, by completing the online order form if there are any special circumstances which might be relevant to your delivery, including , without limitation, factors relating to access: to your delivery address (e.g. Low bridges, narrow lanes etc); and/or to the premises at your delivery address (e.g. Small door frames, narrow passages, steps etc). Please take appropriate measurements to confirm whether or not there are any such factors.
7.5 You may be liable to pay us extra delivery charges if:
7.5.1 We are unable to complete a delivery because a person over 1 8 is not present at the delivery address on the date of delivery to accept the product;
7.5.2 You attempt to change the delivery address after the product has been dispatched to you; and/or
7.5.3 You fail to notify us in accordance with Clause 7.4 above of special circumstances which are relevant to
7.6 Notwithstanding Clause 6.5 once we have delivered any product to you: risk in that product passes to you, and you are responsible for its insurance and security.
8. IF YOU CHANGE YOUR MIND
8.1 Unless you have ordered a product which was created to your specification or clearly personalised, you may cancel your order for any product for any reason at any time from the date on which you placed the order up to 7 working days after the day after you received such product by notifying us in writing pursuant to Clause 10 below, in which case:
8.1.1 We will, as soon as possible and, in any event, within 30 days of such cancellation, refund any sums paid to us by you, and any provider of credit facilities, as envisaged by Clause 6.5, in respect of the purchase price for the product and any charges for delivering the product to you;
8.1.2 2 You must return the product to us at your cost, and we request that you follow our returns policy, as set out in Clause 10 below. If you fail to return the product to us and we have to arrange for it to be collected, you will be charged the amount of £48 plus VAT for the cost of collection; and
8.1.3 3 You are under a statutory duty to take reasonable care of the product until it is returned to us.
8.2 If you want to cancel before your product has been delivered please contact us using the information available on the “Online Enquiry” page within Get in Touch on our Website, although, if your order has already been processed for delivery we may not be able to prevent the product being delivered to you.
8.3 If you want to exercise your right to cancel under Clause 8.1, after you have received the product from us, we request that you do not use the product and that any packaging which is still on the product is not removed or, to the extent that such packaging has been removed but is still in your possession, that you return the product with such packaging.
8.4 You may still be entitled to cancel the order, even after the 7 working days deadline set out in Clause 8.1 above unless you have asked for the product to be created to your specification or dearly personalised, in which case we will refund any sums paid to us by you and any provider of credit facilities as envisaged by Clause 6.5, in respect of the purchase price for the product, provided that:
8.4.1 We will not refund the cost of delivering the product to you;
8.4.2 You return at your cost the applicable product to us in accordance with our returns policy, as set out in Clause 10 below. If you fail to return the product to us and we have to arrange for it to be collected, you will be charged the amount of £60 plus VAT for the cost of collection;
8.4.3 You may only make and cancel such an order once -you may not order the same or a similar product.
9. IF A PRODUCT IS DAMAGED OR FAULTY OR NOT WHAT YOU ORDERED
9.1 Please keep all the warranty information that comes with your product as it may be needed in the future if you wish to contact us in regards to your product
9.2 We request that you check over your goods on delivery to ensure that the packing is intact and all items appear to be in good condition before you sign for them. If you find your goods to be faulty, damaged or incorrect please refuse the items and contact Customer Services as soon as possible. If you find that your goods are damaged after you have taken delivery please notify us as soon as possible. We ask that you inspect your goods within a reasonable time scale and prior to them being transported anywhere else.
9.2.1 We will repair it, if possible;
9.2.2 If it is not possible to repair it, we will replace it with an equivalent product, if possible; or
9.2.3 If it is not possible to replace it with an equivalent product, we will refund any sums paid to us by you in respect of the purchase price for the product and any charges for delivering the product to you.
In relation to any such returns, we request that you follow our returns policy, as set out in Clause 10 below.
9.3 If we discover that a product you have returned to us on the basis that it was damaged or faulty is not in fact damaged or faulty, we may: return it to you and cancel any refund that you have requested, or if we have already refunded you, we may recharge you for the product and the original delivery costs, using the payment information provided to us when you placed your order; and charge you for the costs of returning the product to us and of redelivering the product to you.
9.4 If a product you have received from us is not the product which you ordered from us please notify us and return the product to us, at our cost, either by post or by requesting that we collect the product from you,
(a) We will deliver the product which you ordered, if possible; or
(b) If it is not possible to deliver the product which you ordered, we will refund the purchase price and any In relation to any such returns; we request that you follow our returns policy, as set out in Clause I0 below.
10. RETURNS POLICY
10.1 If you want to return a product please email us (or, if you do not have an email address, write to us) for the attention of Customer Services, Knight Road, Rochester, Kent, ME2 2BP and we will give you a returns number, which we request that you use when you return the product to, and in all correspondence with, us (otherwise our response may take longer).
10.2 We may, in relation to certain products, be able to collect the product from you. If you would like to discuss a possible collection by us, please contact us using the information available on the “Online Enquiry” page within Get in Touch on our Website. Otherwise, our warehouse is open Monday -Thursday I0am-3pm Friday 10am-1 pm, please note that no deliveries can be accepted at no other time. Nestledown beds cannot be held responsible for failed deliveries made outside of this time or losses/damages
10.3 Notwithstanding Clause 10.2, we reserve the right, at our sole discretion, to charge you for our direct costs incurred in relation to the return of products to us. If a collection is arranged but you do not make the products available for collection on the day, a charge of £60 +VAT will be payable. Nestledown cannot be responsible for failed or delayed collections.
10.4 Please ensure that all products packaged for return are dearly labelled with your name, postal address and order number. You must ensure that products which you wish to return are adequately packaged to protect them from being soiled or damaged whilst being returned to us. Please ensure that you keep the original packaging in which the products are delivered in case you wish to make a return. Should you wish, we can provide you with suitable packaging, which can be ordered from us at a cost of £25 +VAT when you call us to arrange collection.
10.5 Subject to Clauses 8.1 and 9, if you ask us to collect products which have been soiled or damaged since they have been delivered to you, we may refuse to collect or take away those products. If (on return to our premises) we find that products collected from you are in a soiled or damaged state, we reserve the right to re-deliver those products to you and/or to require payment in full from you for those products and you hereby authorise us to collect all sums required for us to effect payment in full using the debit/credit card details provided to us at the time of placing your order.
We will make any refunds due to you in accordance with these Terms and Conditions using the same method of payment as you used when placing your order. Please note that we cannot influence any part of a refund after we have submitted the request to a bank and that banks can take up to 14 days to process.
12. USE OF PRODUCTS
1 2.1 You agree only to use the products for their normal and proper use and not to alter or modify or otherwise interfere with them.
1 2.2 You agree to follow the manufacturer’s instructions supplied with the products and not to use the products in a careless or negligent manner. Please refer to the terms and conditions listed within the Product Care, Assembly and Maintenance Guide.
1 3.1 Nothing in these Terms and Conditions excludes or limit our liability for:
1 3.1 .1 death or personal injury caused by negligence;
1 3.1 .3 any breach of any terms implied by sections 1 2 and 14 of the Sale of Goods Act 1979 or sections 2 and 4 of the Supply of Goods and Services Act 1 982, any defective products under the Consumer Protection Act 1 987 and/or any other statutory or other liability which cannot be excluded under applicable law.