Store Purchase Terms and Conditions of Supply

AGREED TERMS

1. Definitions

When the following words with capital letters are used in these Terms and Conditions, this is what they will mean:

Event Outside Our Control:

is defined in clause 14.2;

Goods:

the goods that We are selling to You as set out in the Order;

Order:

Your order for the Goods;

Special Order

means made-to-measure and customised Goods.

Terms and Conditions:

the terms and conditions set out in this document

We/Our/Us:

Exclusive Furniture Limited Trading As ‘The Better Beds Store’, a company registered in England and Wales under company number 02730067 whose registered office is at 5th Floor Colman House, King Street, Maidstone, Kent, ME14 1JE and whose main trading address is 232-238 Lewisham High Street, Lewisham, London SE13 6JU; and

You/Your:

means the person named in the Order to whom We are supplying the Goods to in accordance with these Terms and Conditions.
When We use the words "writing" or "written" in these Terms and Conditions, this will include e-mail unless We say otherwise.

2. Our contract with You

These Terms and Conditions apply to Orders placed in-store only.
Please ensure that You read these Terms and Conditions carefully, and check that the details on the Order and in these Terms and Conditions are complete and accurate, before You sign the Order. If You think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between You and Us.
If You are entering into a separate finance agreement, the finance agreement is a separate contract to Your Order. If you cancel the finance agreement, the Order shall remain in effect and you shall be bound by these Terms and Conditions including in respect of payment for the Goods. If You cancel the finance agreement You must find an alternative method of payment.
It is Your responsibility to check:
1. the dimensions of all Goods to ensure that they will fit into Your property; and
2. that additional services requested (such as assembly or disposal) are clearly noted in the Order. These will be shown separately. If they are not included in the Order then these services have not been purchased and will not be provided.
We shall assign a five figure order reference number to the Order which can be found on the right side of the Order invoice. Please quote the order number and your surname in all subsequent correspondence with Us relating to the Order.

3. Goods

The description of the Goods will be as specified within the Order.
You should be aware that sizes may vary slightly from their stated dimensions due to manufacturing tolerances.
Please be aware when placing an Order for wooden Goods that some splitting and shifting of wood will occur and colours will change over time.
The images of the Goods in Our brochure/website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the colours displayed in Our brochure/website accurately reflect the actual colour of Our Goods. Your Goods may vary slightly from those images.

4. Changes to order or terms and Conditions

We may revise these Terms and Conditions from time to time to take into account changes in relevant laws and regulatory requirements.
If We have to revise these Terms and Conditions under clause 4.1, We will give You at least one month's written notice of any changes to these Terms and Conditions before they take effect. You can choose to cancel the contract in accordance with clause 15.
Except in the case of made-to-measure and customised Goods, You may make a change to the Order for Goods up to 48 hours before delivery by contacting Us. Where this means a change in the total price of the Goods, We will notify You of the amended price in writing. You can choose to cancel the Order in accordance with clause 15.1 in these circumstances.
If You wish to cancel an Order before it has been fulfilled, please see Your right to do so in clause 15. In the case of made-to-measure and customised Goods, unfortunately, because We make these Goods to Your specific requirements, You will not be able to cancel an Order once it is made.

5. Special Orders

We make Goods according to the measurements and specifications You provide Us. Dimensions are available in-store and online . Our in-store sales team will also be happy to assist you.
Please make sure Your measurements and specifications are correct and accurate. Unfortunately, We cannot accept the return of Special Orders if the reason for the return is because You provided Us with incorrect measurements or specifications. However, this will not affect Your legal rights as a consumer in relation to made-to-measure and customised Goods that are faulty or not as described. Advice about Your legal rights is available at Your local Citizen's Advice Bureau or Trading Standards office.

6. Delivery of goods

Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and Your address. Unfortunately We do not deliver to addresses outside the UK. All delivery times are approximate.
We will give You an estimated delivery date, when we accept Your Order. We will always endeavour to deliver Your Order as soon as possible but occasionally Our delivery to You may be affected by an Event Outside Our Control. See clause 14 for Our responsibilities when this happens.
If You have asked to collect the Goods from Our premises, You can collect the Goods from Us at any time during Our working hours. You must present an original copy of your invoice. For security reasons, we may request identification documentation.
If no one is available at Your address to take delivery, We will leave You a note that the Goods have been returned to Our premises, in which case, please contact us to rearrange delivery.
Where clause 6.4 applies, the following charges may be applied to your Order:
1. £29.00 for re-delivery of the Goods; and
2. £49.00 for re-scheduling the fitting of the Goods (where applicable).
If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver the Order in instalments. We will not charge You extra delivery costs for this.
If We miss the agreed delivery deadline for any Goods then You may cancel Your Order straight away if any of the following apply:
1. We have refused to deliver the Goods;
2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
3. You told Us before we accepted Your order that delivery within the delivery deadline was essential.
If You do not wish to cancel Your order straight away, or do not have the right to do so under clause 6.7, You can give Us a new deadline for delivery, which must be reasonable, and You can cancel if Your Order if we do not meet the new deadline.
If You do choose to cancel Your Order for late delivery under clause 6.7 or clause 6.8, You can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to You, You will have to return them to Us or allow Us to collect them, and We will pay the costs of this. After You cancel Your Order We will refund any sums You have paid to Us for the cancelled Goods and their delivery.
Delivery of an Order shall be completed when We deliver the Goods to the address You gave Us or You or a carrier organised by You collect them from Us and the Goods will be Your responsibility from that time.
You own the Goods once We have received payment in full.
Where You have entered into a separate finance agreement, responsibility for and ownership of the Goods will only pass to you in accordance with the terms of Your finance documentation.

7. If the goods are faulty

As a consumer, You have legal rights in relation to Goods that are faulty or not as described. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.

8. Third-party manufacturer's guarantee of goods

Some of the Goods We sell You come with a manufacturer's guarantee. For details, please refer to the manufacturer's guarantee provided with the Goods.
This guarantee is in addition to, and does not affect, Your legal rights in relation to the Goods that are faulty or not as described. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office.

9. Our guarantee of goods

We guarantee that on delivery and for a period of 12 months from delivery, the Goods shall;
1. be of satisfactory quality (within the meaning of the Consumer Rights Act 2015);
2. fit for any purpose for which they are designed and supplied;
3. be free from material defects in design, material and workmanship; and
4. comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom. However, this guarantee does not apply in the circumstances described in clause 9.2.
This guarantee does not apply to any defect in the Goods arising from:
1. fair wear and tear;
2. wilful damage, abnormal storage or working conditions, accident, negligence by You or by any third party;
3. commercial use;
4. if You fail to operate or use the Goods in accordance with the user instructions;
5. if You fail to follow Our or the manufacturer’s written instructions regarding care of the Goods;
6. any alteration or repair by You or by a third party who is not one of Our authorised repairers; and
7. any specification provided by You.
If You inform us that the Goods have breached the guarantee, we will arrange an inspection to verify this. If this inspection finds that the Goods have not breached the guarantee, We will decline any further action, but provide full details of the reasons for the decision.
If You would prefer to use an inspection service of Your choosing, then this must be done at Your cost. Any inspection service used must be a recognised, independent specialist (for example, FIRA) and we must agree in writing to them carrying out the inspection.
In the rare event that Goods are found to have breached the guarantee, We will either repair or replace the Goods free of charge. Alternatively, We may (if We choose) provide a full refund of the price paid by You for the Goods. We will do our best to agree with You which remedy would be most appropriate.
This guarantee shall apply to any repaired or replacement Goods we supply to you.
This guarantee is in addition to, and does not affect, Your legal rights in relation to the Goods that are faulty or not as described. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office.

10. Price and payment

The price of the Goods will be set out in Your Order at the time We confirm it. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with You.
These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that You pay, unless You have already paid for the Goods in full before the change in the rate of VAT takes effect.
The prices for the Goods exclude delivery costs, assembly and disposal costs which will be added to the total amount due.
It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices before accepting Your Order so that, where the correct price of the Goods at Your Order date is less than Our stated price at Your Order date, We will charge the lower amount. If the correct price of the Goods at Your Order date is higher than the price stated, We will contact You for Your instructions before We accept Your Order. If We accept and process Your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, We may end the contract and refund You any sums You have paid.
Payment can be made by credit or debit card, cheque (made payable to Exclusive Furniture Limited) or cash unless You have a finance agreement in place in which case, payment must be made in accordance with the relevant finance documentation.

11. Price Guarantee

Our price guarantee applies to any Goods for 30 days from the date of Your Order. If You find the same Goods as those in Your Order at another local retailer and at a cheaper price (excluding specialist online ‘only’ retailers and loss leading promotions) We will refund the difference. The price guarantee is subject to Us verifying the lower price.

12. Ex-display items

If You have purchased ex-display items, the price will reflect the fact that the items may have minor defects and cannot be returned or refunded unless faulty.
We will endeavour to highlight any known defect and expect You to examine any ex-display items prior to purchase.
Ex-display items are not covered by Our price guarantee.
Ex-display items cannot be replaced with a full price item. If an ex-display item is deemed to have breached our guarantee, We will either repair the item or refund the price paid for the item.
It is Your responsibility to check that ex-display items are in a satisfactory condition when placing Your Order.

13. Our liability to You

If We fail to comply with these Terms and Conditions, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of the Terms and Conditions or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time we entered into this contract.
We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit in any way Our liability for:
1. death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
2. fraud or fraudulent misrepresentation;
3. breach of the terms contained in section 17 of the Consumer Rights Act 2015 (title and quiet possession);
4. breach of the terms contained in sections 9, 10, 11 and 13 of the Consumer Rights Act 2015 (description, satisfactory quality, fitness for purpose and samples); and
5. defective products under the Consumer Protection Act 1987.
Our total liability in connection with or arising from the Order, whether in negligence or otherwise, shall be limited to the value of the Goods.

14. Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms and Conditions that is caused by an Event Outside Our Control.
An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms and Conditions:
1. We will contact You as soon as reasonably possible to notify You; and
2. Our obligations under these Terms and Conditions will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to You, We will arrange a new delivery date with You after the Event Outside Our Control is over.
You may cancel the contract if an Event Outside Our Control takes place and You no longer wish Us to provide the Goods. Please see Your cancellation rights under clause 15. We will only cancel the contract if the Event Outside Our Control continues for longer than 12 weeks in accordance with Our cancellation rights in clause 15.

15. Your rights to cancel and applicable refund

Before the Goods are delivered, You have the following rights to cancel an Order for Goods (other than Special Orders), where You choose to cancel because We are affected by an Event Outside Our Control or We change these Terms and Conditions under clause 4.1 to Your material disadvantage:
1. You may cancel any Order for Goods at any time before We despatch the Goods by contacting Us. We will confirm Your cancellation in writing to You;
2. if You cancel an Order under clause 15.1.1 and You have made any payment in advance for Goods that have not been delivered to You, We will refund these amounts to You and any delivery charges;
3. unfortunately, if You cancel an Order for Goods under clause 15.1.1 and We have already despatched Your Goods to You, We will not be able to cancel Your Order until it is delivered or collected. In this case, if You return the Goods to Us, We will have to charge You the cost of collection or You will have to pay the cost of returning the Goods back to Us. This will not affect Your refund for the Goods themselves, but we will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to You.
Unfortunately, as the made-to-measure and customised Goods are made to Your requirements, You will not be able to cancel Your Order once made (but this will not affect Your legal rights as a consumer in relation to made-to-measure and customised Goods that are faulty or not as described).
Notwithstanding clause 15.1 above, all Orders placed are final and refunds are only available in exceptional circumstances and at the management’s discretion.
Where clause 15.3 applies, the Company reserves the right to charge a cancellation fee of 20% of the total order value.

16. Our rights to cancel and applicable refund

We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. If this happens:
1. we will promptly contact You to let You know;
2. you have made any payment in advance for Goods that have not been delivered to You, We will refund these amounts to You;
3. where We have already started work on Your Order for made-to-measure or customised Goods by the time We have to cancel under clause 16.1.1, We will not charge You anything and You will not have to make any payment to Us.

17. Information about us and how to contact us

We are a company registered in England and Wales. Our company registration number is 02730067 and Our registered office is at 5th Floor Colman House, King Street, Maidstone, Kent, ME14 1JE. Our registered VAT number is 608 0303 80.
If You have any questions or if You have any complaints, please contact Us. You can contact Us by telephoning us at the store where you purchased the Goods.
If You wish to contact Us in writing, or if any clause in these Terms and Conditions requires You to give Us notice in writing (for example, to cancel the contract), You can send this to Us by hand, or by pre-paid post to, Customer Relations Department, Exclusive Furniture Limited, 5-31 Eastmoor Street, Charlton, London SE7 8LX. We will confirm receipt of this by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by hand, or by pre-paid post to the address You provide to Us in the Order.

18. How we may use Your personal information

We will use the personal information You provide to Us to:
1. provide the Goods;
2. process Your payment for such Goods; and
3. inform You about similar products or services that We provide, but You may stop receiving these at any time by contacting Us.
You agree that We may pass Your personal information to credit reference agencies and that they may keep a record of any search that they do.
We will not give Your personal data to any other third party.

19. Other important terms

We may transfer Our rights and obligations under these Terms and Conditions to another organisation, and We will always tell You in writing if this happens, but this will not affect Your rights under the contract or the obligations owed to You under the Contract.
You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing.
This contract is between You and Us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If We fail to insist that You perform any of Your obligations under these Terms and Conditions, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
These Terms and Conditions are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are a resident of Scotland, You may also bring proceedings in Scotland.