Terms and Conditions

The following Terms and Conditions are applicable to every order placed with Alba Beds and every order accepted by Alba Beds is accepted subject to these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights.

1. Definitions

1.1 “you” means the person who buys or agrees to buy Goods from Alba Beds.

1.2 “we” “our” “us” means Alba Beds.

1.3 “consumer” means any natural person acting for purposes outside his or her business.

1.4 “Goods” means the products you agree to buy from us.

1.5 “Contact Address” means Any of Alba Beds premises.

1.6 “Working day” means any day except Saturday, Sunday and all Public and Bank holidays.

2. The Order for the Goods

Our procedures regarding orders are as follows :-

Any order placed with us, whether it be by telephone, fax, e-mail or through our on-line ordering service will be regarded as an offer by you to buy the Goods from us. If your order is accepted you will be sent, either by e-mail, fax or by post, a written acknowledgment which will confirm the Goods ordered, the price and will give you an order number and at that point a contract will exist between you and us.

If you order Goods which are to be made to your order, such as Goods made to your specification or Goods made to measurements supplied by you, you must confirm that specification or measurement to us in writing and we will acknowledge your confirmation. We will rely on this information as being correct. No Goods with a one-off specification or to be manufactured to measurements given by you will be supplied without us receiving your written confirmation. We will accept no liability for Goods which are made to a specification or measurement supplied by you to us and which you later discover is wrong.

Photographs on our web-site are for illustrative purposes only and may not exactly match the product itself or its colour or the colour of any materials.. Photographs or illustrations do not comprise any contractual warranty on our part and you should not rely on them as an exact representation of the products. All measurements shown on our website are approximate.

3. The right of a consumer to cancel

Our procedures regarding orders are as follows :-

Where your order is for Goods made to your specification, as set out in clause 2.2, you have no right to cancel.

Apart from those Goods set out in clause 3.1 (Goods made to your specification) you do have the right to cancel your contract in all other cases at any time up to the date delivery has been arranged. You will not need to give a reason for cancelling your contract, nor will you have to pay any penalty.

To cancel your contract you must notify us in writing at the Contact Address.

If you receive the Goods before you cancel your contract, then you must send the Goods back to our Contact Address at your own costs and risk. If you cancel your contract but we have already processed the Goods for delivery, you must not unpack the Goods when they are received by you and you must send them back to us at our Contact Address at your own cost and risk as soon as possible. If you require us to collect the Goods, we will tell you within 21 days of the date of cancellation when we will collect the Goods from you. The cost and risk in relation to such collection is your responsibility.

Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order provided that the Goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the Goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct cost of recovering the Goods from the amount to be re-credited to you.

4. Cancellation by us

Our procedures regarding orders are as follows :-

We reserve the right to cancel the contract between us if:

• 4.1.1 we have insufficient stock to deliver the Goods you have ordered;

• 4.1.2 we do not deliver in your area;

• 4.1.3 one or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our supplier.

If we do cancel your contract we will notify you by e-mail and will credit your account by any sum debited by us from your credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

5. The Goods

Our procedures regarding orders are as follows :-

We reserve the right to cancel the contract between us if:

We may make any changes in the specification of the Goods which do not materially affect their appearance, quality or performance required to conform to applicable statutory requirements where the Goods are supplied to our specification.

6. Price

We reserve the right to cancel the contract between us if:

The price payable for the Goods shall be as confirmed in the e-mail, fax or post acknowledgment that we send to you, in accordance with the provisions of clause 2.1. We reserve the right to rectify any error. Prices are inclusive of VAT.

Payment shall be due on acceptance of the order. If you fail to make payment or if your funds fail to clear, or are later recalled, we may suspend delivery of the Goods until payment is made in full.

In the event of any increase in cost to us of raw materials, labour or overheads or any increase in taxes or duties, or any variation in exchange rates, we may increase the price payable under the contract having first given written notice to you. If a notice of price increase is given by us you have the right to cancel the order and receive back any sums you have paid. Notice of cancellation must be received in writing at our Contact Address within seven days of delivery of the notice of price increase to you.

7. Delivery

We will only deliver the Goods ordered by you to the ground floor of the address for delivery you give to us at the time you make your order. You hereby confirm:

• 7.1.1 there is adequate access for us to deliver the Goods;

• 7.1.2 there is adequate space for the Goods where they are to be positioned;

• 7.1.3 that any existing goods have been removed from the space where the Goods are to be positioned;

We will not move or take away any existing goods or property for the purpose of assembly or installation of the Goods.

Delivery will be made within 28 days after your order, unless you agree an alternative date with us. Time is not of the essence for delivery and we will not incur any liability for any delay in delivery, however it is caused.

Delivery charges are set out in our web-site. We do not make deliveries outside of main-land United Kingdom.

You become the owner of the Goods you have ordered when they have been delivered to you. Once the Goods have been delivered to you, they are held at your risk and we will not be liable for their loss or destruction.

8. Refunds, Warranties and liability

All Goods supplied by us come with a manufacturers’ warranty of at least 12 months and we will give you such information as is necessary to claim under the manufacturers’ warranty. If you need to make a claim you must contact us in the first instance.

If the Goods we deliver are not what you ordered or are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our Contact Address of the problem within seven working days of the delivery of the Goods in question. We may ask for photographic evidence in any case.

If you do not receive the Goods ordered by you within 28 days of the date of your order, we shall have no liability to you unless you notify us in writing at our Contact Address of the problem within 40 days of the date upon which you ordered the Goods.

If you notify a problem to us under clauses 8.2 or 8.3, our only obligation will be, at your option:

• to make good any non-delivery; or short delivery; or

• to replace or repair any Goods that are damaged or defective; or

• to refund to you the amount paid by you for the Goods in whatever way we choose.

If you are dissatisfied with your purchase for a reason set out in clause 8.2 above, you may, within 7 working days of delivery, contact us to arrange collection of the Goods at our expense. Any money which you have paid, excluding the delivery cost to you, will be refunded within 30 days provided that we receive the Goods in the condition they were in at the time of delivery to you. Your account will then be credited with the full purchase price of the Goods.

Except where you act as a consumer, all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality, or condition of the Goods, whether implied by statute or common law or otherwise, are excluded to the fullest extent of the law.

Save as precluded by law, we will not be liable to you for any consequential loss, damage or expenses, (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question.

Notwithstanding anything set out above, nothing in these Terms and Conditions is intended to limit any rights that you might have as a consumer under the United Kingdom laws or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

9. Notices and correspondence

All notices and correspondence from you to us must be in writing and sent to our contact address.

10. Events beyond our control

We will have no liability to you for any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

11. Exchange of Goods

If you wish to exchange Goods for other goods, we will do this subject to:

a) the return of the Goods by you at your expense to our Contact Address at 554 High Road, Ilford, Essex, IG3 8EG

b) the Goods being in the condition they were in when they were delivered to you; and

c) in the case of bedding and mattresses you must not unwrap the Goods and/or remove any wrapping. We will not exchange beds or mattresses where they have been unwrapped from the packaging.

12. Invalidity

If any of these Terms and Conditions are unenforceable, including any provision in which we exclude our liability to you, the enforceability of any other part of these Conditions will not be affected.

13. Privacy

We acknowledge and agree to be bound by the Terms of our Privacy Policy.

14. Third Party rights

The contract between us shall be governed by and interpreted in accordance with English Law and the English Courts will have jurisdiction to resolve any disputes between us.

15. Governing Law

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

16. Entire Agreement

These Terms and Conditions, together with our current web-site prices, delivery details, contact details and privacy policy and the conditions of use of our web-site, set out the whole of our agreement relating to the supply of the Goods by us to you. Nothing said by any sales person on our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any of the Goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Website Conditions of Use

1. Our Terms

All use of our website (“Site”) is on these terms. If you do not agree with the terms then cease use of the Site NOW.

The terms are a contract between us and you may wish to print a copy for future reference. We sometimes change the terms and changes will be posted here.

2. Information

We work very hard to make sure information on the Site is accurate and up to date. Let us know if you find anything wrong. However, you should check independently any information before you rely on it. No representations are made by us that the information is accurate and up to date or complete and we do not accept liability for loss arising from any inaccuracy or information that is out of date. This is a website providing information free of charge.

3. Copyright

Copyright material appears on the Site which is our property or the property of our content and technology providers or their respective owners. We do not give permission for you to re-publish, alter, transmit or otherwise copy any material on the Site but you may download information from the Site for your own personal use. Except as otherwise expressly permitted under Copyright Law, no copying, re-distribution, re-transmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the Copyright owner.

4. Trade marks

Any trade marks, designs, business names, company names and logos are the property of their respective owners.

5. Liability

As information on our Site is provided free of charge, we do not accept liability for it. We will not be liable to you for any indirect or consequential loss, loss of profit, revenue or goodwill arising from your use of the Site or information on the Site. Subject as provided below, all terms implied by Law are excluded, caused by our negligence or the negligence of our employees, agents or directors and also for fraudulent misrepresentation caused by us, our employees, agents or directors.

6. Supply of goods

Where you buy goods from our Site you are subject to our Terms and Conditions which supplement these conditions.

7. Law

You agree that English Law shall apply to these terms and to submit to the jurisdiction of the English Courts if a dispute arises. We aim to ensure our Site complies with English Law but not laws of any other country. If there is anything on the Site that you are not allowed under the laws to which you are subject to access or see, cease using the Site immediately.

8. General

Any formal, legal notices should be sent to us at the address at the end of these Terms by e-mail, confirmed by post.

Failure by us to enforce a right does not result in waiver of such right.

You may not assign or transfer your rights under this Agreement.

We may amend these terms at any time by posting a variation on the Site.

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