The following is terms and conditions relating to the Creative Design, the Factory Shop company, it includes, but is not limited to the basis of sale, delivery service and warranties.
These terms and conditions explicitly apply to the goods of Creative Design, Factory Shop and by visiting and interacting with the Factory Shop website, you agree to being bounded by all the policies, conditions and terms. None affect individual consumer rights. The listed terms and conditions should be read carefully and it should be understood Factory Shop company is able to adapt, change, modify and add or remove these terms and conditions at any time. Therefore, please read these carefully before making a purchase order.
1. Definitions
2. Application of conditions
3. Basis of sale
4. Price and payment
5. Description of Products
6. Warranties and liabilities
7. Delivery
8. Acceptance of the Product(s)
10. Risk and Title
12. General
13. Headings
14. The Buyer’s right of cancellation
15. Proper law of Contract
16. Limitation of liability
17. Data protection
18. Complaints and disputes Standard conditions of sale:
Definitions
1.1 Buyer” means the person who buys or agrees to buy the Products/ Goods from the Seller.
1.2 “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 “Seller” means Factory Shop
1.4 “Delivery date” means the date specified by the Seller when the Products are to be delivered.
1.5 “Products” means those goods specified.
1.6 “Price” means the price for the Products including delivery, packing and VAT.
1.7 “Regulations” refers to The Consumer Protection (Distant Selling) regulations 2000 (“The Buyer’s right to cancel”).
1.8 “Tailored” means a Product that is non-standard.
1.9 “Consumer” shall bear the meaning given in Section 12 Unfair Contract Terms Act 1977.
1.10 “Contract” refers to any contract between the Buyer and Creative Design, Factory Shop for the sale and purchase of Products incorporating these conditions, whether completed electronically through this website or via other means.
1.11 “Delivery Place” refers to the delivery address as specified by you, the Buyer, in the Order.
1.12 “Order” refers to your offer, as the Buyer, to purchase Products that you place with Creative Design, Factory Shop, whether electronically or via other means.
2. Application of conditions
2.1 Unless otherwise agreed in writing, these Conditions shall apply to the exclusion of any other terms and conditions.
2.2 Each order that the Buyer places shall be deemed to be an offer by the Buyer to purchase Products from Creative Design, Factory Shop, the Seller, subject to these conditions.
2.3 Each order that the Buyer places shall be deemed to be accepted by the Seller and will become binding once the Seller issues a Confirmation to the Buyer or, if earlier, the Seller delivers the Products to the Buyer in accordance with the delivery terms and conditions.
2.4 If for any reason the Seller does not accept the Buyer’s Order, the Seller will advise the Buyer as soon as practicable. This will mean that there will be no binding Contract between the two parties.
2.5 The Buyer must ensure that the details that he provides the Seller are complete and accurate and that he provides all the necessary information relating to the Supply of the Products within sufficient time to enable the Seller to perform the Contract in accordance with these Conditions.
2.6 Any typographical or clerical error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
2.7 If any provision of these conditions is adjudged invalid or unenforceable in whole or part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
2.8 If the Seller is not able to supply the Product and payment has already been made by the Buyer, then following agreement between the Seller and the Buyer, the Buyer’s account will be refunded or re-credited with the sum paid by the Buyer. The refund will be carried out as soon as possible, in any event, within 30 days of the order. The Seller will not be obliged to offer any compensation for disappointment suffered.
3. Basis of Sale
3.1 Subject to the Buyer’s right to cancel the Contract, included within clause 13, the Seller shall sell and the Buyer shall buy the Products in accordance with the Confirmation. No Contract exits between the Buyer and Seller for the sale of any Products until the Seller has received, processed and confirmed the order and the Seller has received payment in full, (in cleared funds). Once the Seller does so, there is a legal binding Contract between the Buyer and Seller.
3.2 The description of Goods shall be set out in writing in the Confirmation.
3.3 Any items that is not a bed or the specified Product in the product description on the web page that appears in any photograph or illustration on the website or in product brochures will not form part of this Contract. An example of such items are lamps, bed covers, and in certain instances headboards, (unless mentioned in the product description). Such information is for illustration purposes only and may not comprise part of the Products.
3.4 Any specifications or advertising issued by the Seller and any descriptions or illustrations contained within our website or brochures will not form part of this Contract. Such information is by way of guidance or illustration only, and may not bear any relationship with Products.
3.5 The Buyer shall not be entitled to assign the Contract or any part of it without prior written consent.
3.6 The Seller may assign the Contract or any part of it to any person, firm or company.
4. Price and payment
4.1 The Contract price for the supply of Products shall be as set out in the Confirmation. In the event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the Contract upon written notice. If notice of price increase is given by the Seller, the Buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the Seller within seven days of delivery of the notice of price increase to the Buyer.
4.2 If the Seller makes an error in the Confirmation or any invoice or any receipt the Seller will correct that error within 60 days of being notified of any error.
4.3 Payment of the Price shall be due on the date of the purchase order. Payment shall be due before the delivery date and time for payment shall be of the essence.
4.5 No payment shall be deemed to have been received until the Seller has received cleared funds. There will be no delivery until cleared funds have been received.
4.6 Payment for the Products and any delivery charges can be made by any method shown on the Suppliers website at the time the Buyer places an order.
4.7 Payments shall be made by the Buyer without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Seller to the Buyer.
5. Description of Products
5.1 The quantity and description of the Products shall be set out in the Seller’s confirmation.
5.2 The Seller may make changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller’s specification.
5.3 Photographs provided on the website are for illustrative purposes only and may not exactly match the Product itself.
5.4 Measurements produced on our website are for guide purposes only and may not be taken as exact.
5.5All products supplied by Factory Shop may have a tolerance of + – 3%
6. Warranties and liabilities
6.1 The Seller warrants that the Products will correspond with their specification at the time of delivery and will be free from defect in quality, material workmanship and condition for a period of 12 months from delivery, unless otherwise specified and subject to conditions set out below.
6.2 The Seller shall not be liable for any breach in warranty clause 6.1 unless:
6.2.1 The Buyer provides written notice of the defect within 7 days of the time the Buyer discovers or ought to have discovered the defect; and
6.2.2 The Seller is given reasonable opportunity after receiving the Buyer’s notice of defect to examine the Products in question and the Buyer (if asked by the Seller to do so) shall return the Products to the Address at the Seller’s cost for the examination to take place there.
6.3 The Seller shall not be liable for a breach of the warranty in clause 6.2 if:
6.3.1 The Buyer makes further use of such Products after giving notice of the defect to the Seller.
6.3.2 The defect arises as a result of fair wear and tear, wilful damage, negligence, misuse, abnormal working conditions or failure to follow our oral or written instructions as to the storage of use of the Products.
6.3.3 The Buyer alters or repairs such Products without our written consent; or
6.3.4 The Buyer has not paid the Contract price for the Products by the Payment date.
6.4 Subject to clause 6.2, if any Products do not conform with any of the warranty, then within 30 days of us examining the defective Products, the Seller (at the Seller’s option) will either:
6.4.1 Repair or replace such Products (or the defective part) free of charge; or
6.4.2 Refund the price of such Products (or a proportionate part of the price) provided that the Buyer delivers up the Products for collection (or, if the Seller so requests and at the Seller’s expense the Buyer return the Products or the part of such Products which is defective to the Seller at the Seller’s Address).
6.5 If the Seller complies with clause 6.4 the Seller shall have no further liability for breach of any warranty in condition 6.1 in respect of such Products.
6.6 The seller will not be responsible for the collection or disposal of any exchanged / faulty items unless otherwise notified in writing by Factory Shop. If the items are required back then the customer must make as much effort to package the items ready for collection.
Customer Information All our products come with a one year manufacturers guarantee, if you take a look at individual descriptions on the mattresses you may find that your item comes with a warranty.
A warranty in the case of the products on our site are an extended reassurance that if the product has a manufacturers fault within the set warranty period the manufacturer will exchange or fix the item in question. Please note that in the case of warranties that this replacement is not done free of charge and that warranties from bed manufacturers work on a sliding scale depending on how long you have had the mattress. If you have had the mattress 2 years, you will pay a smaller percentage towards a new mattress than you would if you have had the mattress 5 years.
A transportation cost will also apply on the delivery of the mattress. For delivery only a charge of £50 will incur. For delivery and collection the cost is £80
7. Delivery
7.1 All delivery charges displayed on the website are guidelines. Final delivery charges will be confirmed at the checkout. Some delivery surcharges cannot be confirmed until the buyer has entered their address details into the system. The Seller will not deliver to addresses outside of mainland United Kingdom.
7.2 The Products the Buyer orders will be delivered to the address specified in the order unless otherwise agreed in writing by the Buyer and the Seller.
7.3 Goods will be deemed to have been delivered once delivered to the specified address as detailed in clause 7.2 and the Seller will not be liable to the Buyer for non-delivery of the Products. The Seller does not need to satisfy itself that the person accepting delivery at the specified address is the Buyer (or authorised by the Buyer to accept delivery of the Goods).
7.4 Dates and times quoted for delivery are approximate only. The Seller shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
7.5 Generally, where an order contains more than one item all items will be delivered at the same time once all items are available.
7.6 Where a delivery date has been agreed with our carrier but the Buyer is not present to receive the delivery, the Seller reserves the right to charge the Buyer a minimum of £25 to cover the cost of the failed delivery.
7.7 If the Products ordered by the Buyer are not available or discontinued and the Seller is unable to deliver them to the Buyer within 60 days (or any other time limit agreed by the parties), the Seller shall inform the Buyer of this; cancel the Contract; and reimburse any sums paid by the Buyer (or which has been paid on the Buyer’s behalf) under the Contract to the person by whom payment was made no later than 30 days after the due date for delivery of the Goods under the Contract. 7.7 Any liability to the Seller for the non-delivery of Products shall be limited to replacing the Products within a reasonable time or issuing a respective credit note/ refund raised for such Products.
7.8 The quantity or content of any consignment of Products as recorded by the Seller upon dispatch shall be conclusive evidence of the quantity or content received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
7.9 Time for the delivery shall not be of the essence. The Products may be delivered by the Seller in advance of the quoted delivery date.
7.10 Deliveries made by national carriers will be delivered by one man and delivered to your front door.
7.11 All goods must be signed for, We are unable to deliver to unattended premises or outside of customer addresses.
7.12 We do not accept any blame or liability for customers removing or disposing of old beds or mattresses prior to delivery. We do advise that customers only dispose of old goods after acceptance of the new goods been delivered.
7.13 Postcode areas AB31 – 38, AB41 – 56, FK19 – 21, H5, IV1, IV3 – 56 cannot be delivered on a next day basis.
7.14 Deliveries made to business addresses will have the customer’s authority for anybody in the building to accept goods on the customers behalf. Factory Shop will accept no responsibility once the goods have been signed for at the requested address.
7.15 For Items that are In Stock deliveries can take between 3 – 21 days depending on your location in the country and the type of item ordered.
7.16 If the requested delivery address is a new property and does not show up on a Google Map search, the customer must, in writing, provide necessary directions to the property. Failure to do this may lead to the failure of the delivery. Factory Shop will not be held responsible for any failed deliveries that have derived through a lack of directions or incorrect directions provided by the customer.
7.17 All products that are available on a ‘next day’ delivery service will be delivered by a 1 man logistics company. The services used will only deliver the ordered items to the front door of the designated delivery address. This means that if you reside in an apartment or a block of flats, the delivery driver will deliver to the lobby of the building only. Please understand that the logistics companies that offer a ‘next day’ service are not insured to enter a private premises. Please be aware that if you purchase a product on a ‘next day’ delivery service and require assistance with the positioning of the product, you must arrange the assistance yourself.
7.18 If you have any specific delivery requirements prior to ordering please contact us so when can confirm if we can meet your requirements.
7.19 Factory Shop contracted deliverers will not remove existing pieces of furniture to help make room for newly delivered products. Likewise, old pieces of furniture will not be taken away. The customer must take the responsibility to organize the removal and disposal of unwanted furniture.
7.20 Factory Shop/ and our contracted deliverers if requested by the customer will assist the customer in taking the order into the premises, to the appropriate room. However, prior to delivery permission must be sought by Factory Shop and if agreed, both Factory Shop/ the contractor and the personnel of Factory Shop the contractor will not accept liability for any damage both to the delivered product and to the customer’s property, (including all types of fixtures, fittings and building structure), whilst assisting the customer with such a request. The customer must solely take responsibility for this action. Any consequent damage should fall under the customer’s household insurance.
7.21 If Factory Shop agrees to such a request, there maybe an additional charge. It will be expected that the passageway and the necessary room(s) will have been cleared in order to make way for the order.
7.22 Factory Shop/ third party contractors will not assemble any orders even if requested to do so. The assembly of orders is the responsibility of the customer. Preparation for delivery: Customers are advised when accepting goods to have protective sheets available as the goods been delivered may have transferred through a number of warehouses and delivery vehicles. Factory Shop will not accept any liability for any damaged caused.
7.23 Please be aware for health and safety issues delivery drivers are unable to remove their shoes when delivering products into customers houses. If you need to protect your flooring please make sure an adequate cover has been placed on the floor prior to the delivery driver arriving.
7.24Please note that deliveries are booked in for a specific day and not a specific time of day. Any time estimations given for the day of delivery are not guaranteed and can be subject to change. Factory Shop / Third party couriers will not be held liable if delivery falls outside an estimated time slot. If an order that has been booked in for delivery needs to be cancelled or rearranged, delivery alterations will only be accepted before 12.00pm the day before the agreed day of delivery. Delivery alterations after this time will be subject to rearrangement fee.
7.25In the unfortunate case of items that do not fit into their intended location i.e. beds or
furniture not going up the stairs. The customer will have the option to either accept the delivery or make their own arrangements to relocate the goods or to reject the delivery. If the delivery is rejected Factory Shop will charge a delivery fee for the goods to be returned back to Factory Shop’s warehouse. The fee will vary depending on the nature of the goods and the courier delivering the goods back to Factory Shop’s warehouse.
7.26 Please be aware when ordering multiple items that the delivery may be made by several different vehicles at separate times. If you are unsure about the delivery of your goods please contact our customer service team.
7.27- Standard delivery refers to the product being delivered between 3-21 days.
8. Acceptance of the Product(s)
8.1 Other than where the Buyer acts as a Consumer, the Buyer shall be deemed to have accepted the Products 5 working days after delivery to the Buyer.
8.2 After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the Contract.
to use reasonable force in doing so.
13. Headings
13.1 The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
13.2 Representations- no statement, description, warranty condition or recommendation contained in any price list, advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.
13.3 Additional costs- The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure to delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
14. The Buyer’s right of cancellation
14.1 In accordance with the Regulations the Buyer has the right of cancellation within 7 days except where a Product is tailored to customer requirements and without fault.
14.2 To exercise the Buyer’s right of cancellation, the Buyer must give written notice to the Seller by letter or e-mail giving details of the Products ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
14.3 Once the Seller has been notified of the cancelling of the Contract, the Supplier will refund or re-credit the Buyer within 30 days for any sum that has been paid or debited from the Buyer’s credit card for the Products.
14.4 If the Buyer does not cancel the Contract in accordance with clauses 3.1 and 3.2, 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.
14.5 If the Seller has delivered the Products to the Buyer but the Buyer wants to cancel the Contract, as prescribed in clauses 13.1 and 13.2, the Buyer must retain possession of the Goods until the cancellation notice has been sent to the Seller within the relevant time limit. The Products cannot be used. The Buyer will be responsible for returning the Products to the Supplier at the Buyer’s own cost. The Products must be returned to the address in the definitions section. The Buyer must take reasonable care to ensure that the Products are not damaged in the meantime or in transit and return then in the packaging and condition they were delivered to the Buyer.
15. Proper law of Contract
15.1 The Contract shall be governed by the law of England and Wales and any dispute, question or remedy however so arising determined exclusively by the Courts of England and Wales.
16. Limitation of liability
16.1 The Seller’s total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution to otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the Products.
16.2 Nothing in these conditions excludes or limits the liability of the Seller for death or personal injury caused by the Seller’s negligence or fraudulent misrepresentation.
16.3 The Seller shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for the loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
17. Data protection
17.1 The Seller will take all reasonable precautions to keep the details of the Buyer’s order and payment secure but unless the Seller is negligent, the Seller will not be liable for unauthorised access to information supplied by the Buyer.
18. Complaints and disputes
18.1 If the Buyer has a complaint about the Goods or service, the Buyer should contact Factory Shop
18.2 The Seller will try to respond in writing to the Buyer’s complaint within 14 working days of receiving it. If you do not agree with our terms and conditions, please do not use our website.
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