Customer Service

1 DELIVERY

1.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. Please allow for extra time in difficult to reach post codes.

1.2 We will contact you with an estimated delivery date. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 10 for Our responsibilities when this happens.

1.3 If you have asked to collect the Goods from Our premises, you can collect the Goods from Us at any time arranged beforehand with Us.

1.4 Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us or you collect them from Us. Please note, it is your responsibility to check the Goods on delivery. You will be asked to sign to state that the goods have been received in perfect condition. If the Goods are not in perfect condition please refuse delivery and state on the delivery note reason for refusal. Once goods have been signed for and accepted we cannot accept any claim for goods damaged in transit.

1.5 If no one is available to take delivery at the address given by you, We will leave you a note that the Goods have been returned to Our premises, in which case, please contact us to rearrange delivery. You may be subject to a charge for re-delivery. As deliveries are always pre arranged this very rarely happens.

1.6 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We can, by prior arrangement deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in instalments, We may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.

1.7 The Goods will be your responsibility from the completion of delivery or from when you collect the Goods from Us.

1.8 You own the Goods once We have received payment in full.

2 IF THE GOODS ARE FAULTY

2.1 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 will affect these legal rights.

2.2 To help us ascertain the nature of the fault we may ask you to provide evidence to us in the form of an image/s that can be either sent via WhatsApp/ MMS or emailed. Failure to provide this evidence may prevent Us from progressing the issue.

2.3 An independent inspection is available, conducted by the Furniture Industry Research Association (FIRA). If you state that the Goods are faulty, We would normally ask FIRA to undertake an inspection of the Goods at your home to establish the nature of the alleged fault.

2.4 If the Goods are faulty or misdescribed, We shall either replace or repair them, at our discretion.

3 SELLER'S GUARANTEE OF GOODS

3.1 We guarantee that on delivery and for a period of 12 months from delivery, the Goods shall be free from substantial defects.

3.2 Guarantees do not apply to any defect in the Goods arising from:

(a) fair wear and tear;

(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

(c) if you fail to take care of or use the Goods in accordance with the user instructions;

(d) any alteration or repair by you or by a third party who is not one of Our authorised repairers; and

(e) any specification provided by you.

4 LEGAL RIGHTS

4.1 The guarantees under the Contract or from the manufacturer are in addition to your 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.

5  PRICE AND PAYMENT

5.1 The price of the Goods will be set out in Our price list in force at the time that We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have already confirmed with you.

5.2 The prices for the Goods exclude delivery costs, which will be added to the total amount due (except where free delivery is offered).

5.3 It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, where the Goods' correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the price stated on Our site, We will contact you to tell you and for your instructions. If the pricing error is obvious, or could have reasonably been recognised by you as a mispricing, We do not have to provide the Goods to you at the incorrect (lower) price.

6 YOUR CONSUMER RIGHT OF RETURN AND REFUND

6.1 If you are a consumer and you have ordered the Goods by email, phone or from our website, clauses 6.1 to 6.9 apply and you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 6.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the Goods, you can notify Us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

6.2 However, this cancellation right does not apply in the case of any products made to your specification or clearly personalised (i.e. a special made or 'Bespoke' Order).

6.3 Your legal right to cancel a Contract starts from the date of confirmation of the Order, which is when the Contract with Us is formed. If the Goods have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Goods. Working days means that Saturdays, Sundays or public holidays are not included in this period.

6.4 To cancel a Contract, please tell Us by e-mail Us at cheshirebeds@hotmail.com, or call/text/WhatsApp 'Rich' on 07905664429.. You may wish to keep a copy of your cancellation notification for your own records. If you send Us your cancellation notice by e-mail, then your cancellation is effective from the date you sent Us the e-mail. If you call us to notify Us of your cancellation, then your cancellation is effective from the date you telephone Us.

6.5 You will receive a full refund of the price you paid for the Goods and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave Us notice of cancellation as described in clause 11.4. If you returned the Goods to Us because they were faulty or mis-described, please see clause 5.6.

6.6 If you have returned the Goods to Us under this clause 6 because they are faulty or mis-described, we will refund the price of a defective Goods in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to Us.

6.7 We refund you on the credit card or debit card used by you to pay.

6.8 If the Goods were delivered to you:

(a) you must return the Goods to Us as soon as reasonably practicable. If the Goods require collection, We will collect the Goods from the address to which they were delivered. We will contact you to arrange a suitable time for collection;

(b) unless the Goods are faulty or not as described (in this case, see clause 11.6), you will be responsible for the cost of returning the Goods to Us or, where relevant, the cost of Us collecting the Goods from you; and

(c) you have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your possession (and clause 5.12 shall also apply).

6.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in this clause 5.

6.10 If you are a consumer and you have ordered the Goods during a visit to our premises, then clauses 6.10 and 6.11 apply (and clauses
6.1 to 6.9 do not apply).

6.11 Before the Goods are delivered, you have the following rights to cancel an Order for Goods (other than Goods that are a special made Order), including where you choose to cancel because We are affected by an Event Outside Our Control:

(a) 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;

(b) if you cancel an Order under clause 11.11(a) 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

(c) unfortunately, if you cancel an Order for Goods under clause 6.11(a) 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, but any charge for collection will be deducted from the refund that is due to you. If the Goods are not faulty or mis-described, We reserve the right to charge you a restocking charge of 50% of the original Goods price.

6.12 In regard to all sales where you wish to return the Goods, you must keep the Goods in good re-saleable condition, including by not using them, and where possible retain the packaging which the Goods came in. Any flat-pack goods must be returned as such, without having been assembled (unless they are faulty or mis-described). In particular, duvets, mattresses and bedding must not have been used.

7 OUR LIABILITY TO YOU

7.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable, or any consequential loss including loss of profit or income. Loss or damage is foreseeable if the same were an obvious consequence of our breach or if the same were contemplated by you and Us at the time when we entered into this contract.

7.2 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7.3 We do not exclude or limit in any way Our liability for:

(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);

(e) defective products under the Consumer Protection Act 1987; and

(f) breach of the terms implied by section 13 of the Supply of Goods and Services Act 1982 (reasonable skill and care).

8 EVENTS OUTSIDE OUR CONTROL

8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

8.2 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.

8.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

(a) We will contact you as soon as reasonably possible to notify you; and

(b) Our obligations under these Terms 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.

8.4 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 6. We will only cancel the contract if the Event Outside Our Control continues for longer than four weeks in accordance with Our cancellation rights.

8.5 We are not responsible for damage to your property caused by third parties, including couriers. Your remedy in such cases lies with the insurers of the third party.

8.6 It is your responsibility to ensure that it is possible to get the Goods into the room of choice in your home (or other specified premises). We cannot be held responsible for failure to get the Goods into the relevant room when it is physically impossible so to do. If We have to return to Our premises with the Goods, we reserve the right to charge for the carriage of the Goods to and from your home (or other specified premises).