TERMS AND CONDITIONS OF SALE FOR WEBSITE AND DIRECT SALES
1.1 The following terms shall have the following meanings:
‘Business Day’ a day (other than a Saturday, Sunday or public holiday) when banks in London are open for Business.
‘Contract’ means the contract between you and us for the sale and purchase of the Goods made through the Site or direct and formed by our acceptance of your Order.
‘Delivery Location’ means the location set out in the Order or such other location as may be agreed between you and us.
‘Goods’ means the goods (or any part of them) set out in the Order and as described on the Site. Pictures and any descriptions are for illustrative purposes only.
‘Order’ means your order for the Goods made through our Site through our online order process or direct to us by telephone.
‘Site’ means www.ezysleep.co.uk
‘Terms’ means the Terms and Conditions which are set out in this document and which are amended from time to time.
‘We, us, our, the Company’ means Home Online Stores Ltd (trading as EZY Sleep) whose registered office and trading address is at 19 wheatfiled way hinckley fields Hinckley LE10 1Yg
‘You, your, the Customer’ means the customer purchasing the Goods from us.
1.2 By placing any order with us you shall be deemed to have agreed to and accepted these Terms
1.3 These Terms apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.4 Construction. In these Terms, the following rules apply:
a) A person includes a natural person
b) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
c) A reference to writing or written includes faxes and e-mails
2. Basis of Contract & Acceptance of Orders
2.1 The Order on our website constitutes an offer to purchase the goods for personal usage or consumption, in accordance with these Terms. You are responsible for ensuring that the terms of the Order are complete and accurate.
2.2 The Order shall only be deemed to be accepted when we issue a written acceptance of the Order, this will be to the email address provided at the time of purchase. At this point the Contract shall come into existence.
2.4 We reserve the right not to accept your order for any reason whatsoever, including, but not limited to, product availability, price error, payment problems or description error.
2.5 We reserve the right to amend any accidental error or omission on sales, order acknowledgements, or credit notes.
2.6 We reserve the right to cancel any order at any point. We will inform you of any actions taken if necessary and refund any monies owed.
3.1 We shall deliver the Goods to the Delivery Location you have specified.
3.2 All delivery dates are approximate only. Time of delivery shall therefore not be of the essence.
3.3 We shall be entitled to make partial deliveries and failure to deliver part only of any Order shall not entitle you to reject the Goods.
3.4 If you fail to take delivery of the Goods on the date of delivery, we shall, without prejudice to our other rights, be entitled to store the Goods at your risk and you shall pay any abortive delivery charges charged by the carrier.
3.5 You will be responsible for ensuring that we have free and safe access to give effect to delivery at the Delivery Location. Should there be any access restrictions which impedes delivery; and we are not made aware as soon as possible, charges may be applied to the customer.
3.6 It is the customer’s responsibility to check for any damages on delivery and report them to us within a 48 hour period.
3.7 In case of a third party courier being used we can only request a delivery timescale. If this does not occur we can not be held responsible.
3.8 Once the goods have been delivered to you and paid for in full, you become the owner of the goods and from that point on they are at your risk. You will be liable for any subsequent loss, damage or destruction.
4. Modification of Order
Whilst every effort will be made to supply Goods in accordance with representation on our site we reserve the right to modify specifications, designs and materials where such modifications do not materially affect the quality or fitness for purpose of the Goods or to comply with any applicable standards or legal requirements.
5. Price & Payment
5.1 Unless otherwise notified to you, Goods will be paid for at the published price current at the date of the acceptance of the Order.
5.2 All prices are inclusive of VAT.
5.3 Product prices do not include delivery unless otherwise stated, this will be displayed at checkout
7. Warranties, Return Policy & Cancellations
7.1 We warrant that on delivery the Goods shall:
a) Conform with their description; and
b) Be free from material defects in design, material and workmanship
7.2 Subject to the Terms of this section 7 if:
a) You give us notice in writing within 5 Business Days of discovery that some or all of the Goods do not comply with the warranty set out in clause 7.1;
b) We are given a reasonable opportunity of examining such Goods; and
c) You (if we ask you to do so) return such Goods to our place of business at your cost we shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
7.3 Goods shall be supplied with their manufacturer’s or distributor’s standard parts only warranty unless otherwise specified in your Order. All manufacturer’s and distributor’s warranties shall be governed by the manufacturer’s and distributor’s own terms and conditions.
7.4 When signing for deliveries you must state clearly on the delivery note any damage or shortages.
7.5 Non-delivery must be notified in writing to us
7.6 You must provide all information and assistance required by us to investigate any suspected defect and, if required, permit us to inspect the Goods concerned
7.7 We reserve the right for Goods returned which are over 28 days old from the date of purchase to be replaced with a refurbished or repaired product.
7.8 These Terms apply to any repaired or replacement Goods supplied by us.
7.9 Goods are not sold on a trial basis. You should check the specifications and suitability of the Goods before ordering. We do not warrant the suitability of the Goods for specific applications and it is your responsibility to assess this.
7.10 Goods which have been incorrectly ordered will only be accepted for return with our prior approval and subject to the payment by you of return carriage costs
7.11 Returned Goods will only be accepted if they are: in the same condition as when they were delivered and they are correctly packed in the original packaging with the manuals where applicable, returned with the necessary proof of delivery and purchase, and have not been used.
7.12 Should you wish to cancel an order, the cancellation must be made in writing by email. If you cancel any order whilst the Goods are still in transit you may be asked to refuse the delivery attempt made by the courier. If the item is delivered you will be asked to return the goods at your cost.
7.13 Goods may not be returned without a Goods Return form which will be sent to you following your written notice of refund request
7.14 We shall not be liable for Goods’ failure to comply with the warranty set out in clause 7.1 in any of the following events:
a) You make any further use of such Goods after giving notice in accordance with clause 7.2;
b) The defect arises because you have failed to follow our (or that of the manufacturer or distributor) oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
c) You alter or repair such Goods without our written consent;
d) The defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
e) The Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
8. Limitation of Liability – Your attention is drawn to the importance of this term
8.1 Term 8 defines our full liability in respect of the Goods. All other conditions, warranties or other undertakings concerned with the Goods whether express or implied by statute, common law, custom, usage or otherwise, are excluded to the fullest extent permitted by law except that nothing in these Terms shall exclude our liability for:
a) Death or injury resulting from our negligence;
b) Breach of terms as to title under Section 12 of the Sale of Goods Act 1979;
c) Fraud or fraudulent misrepresentation; or
d) Defective products under the Consumer Protection Act 1987.
8.2 Subject to Term 8.1:
a) We shall not be liable for any direct or indirect costs, claims, damages, losses or expenses arising out of any tortious act or omission or any breach of contract or statutory duty calculated by reference to profits, income, production or accruals or loss of such profits, income, production or accruals or any indirect or consequential losses;
b) Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not in any circumstances exceed the invoice value of the Goods;
8.3 Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors, computer system failures and computer virus attacks.
10.1 The construction, validity and performance of all Contracts between the parties shall be governed by English law and shall be subject to the exclusive jurisdiction of the English Courts although this shall not limit the right of the Company to commence proceedings in any other jurisdiction the Company deems appropriate.
10.2 Any part of these Terms which is void or unenforceable shall be deemed severable and shall not affect any other part of these Terms.
10.3 No waiver or forbearance by us (express or implied) in enforcing any of its rights under a Contract shall prejudice its right to do so in the future.
10.4 While every effort is made by our suppliers to stock items, occasions may arise where the item is sold out. We will, at our earliest possible opportunity inform you if any items are out of stock. No liability is taken should this cause problems.
12. Recording of Communications
We may monitor, record, store and use any telephone, email or other communication with you in order to check any instructions given to us, for training purposes, for crime prevention and to improve the quality of our customer service.