Terms & Conditions
1.1 These terms and conditions of business are brought to the customer’s notice. These terms and conditions apply to all orders placed with the firm via the website only and contractual agreements made with the company via the website alone.
1.2 Nothing in these terms and conditions affects a consumer’s statutory rights.
2. Defined terms
Bed Rush will be referred to as “the company.”
Any person or individuals, firm, corporation, partnership, company, or other organisation who or on whose behalf places an order for the company to deliver goods is referred to as “the client.”
“The products” refers to any goods, item, or things given by the firm to the client after the company and the customer have engaged into a contract. This includes, if applicable, any replacements and additions thereto. “The premises” refers to the delivery location address as chosen by the customer and communicated to the business at the time the customer places an order with the company. Only customers having premises in England, Scotland, or Wales will be delivered to and contract with the firm.
“the price” refers to the price listed on the website for the goods. “force majeure” refers to an event beyond the company’s control. “company’s literature” refers to any document (printed or electronic) prepared by the company from time to time, including but not limited to catalogues, price lists, and brochures.
“Website” refers to the company’s website, which is located at www.bedrush.co.uk.
3.1 The price described on the company’s website or in the company’s literature given by and/or supplied by the business is valid until the price is updated or varied, either by a modification to the website or by the release of new or amended company’s literature.
3.2 Notwithstanding and without prejudice to clause 3.1 above, the business maintains the right, at its sole discretion, to change any pricing for any products at any time, including at the time of order, without liability for any loss.
3.3 Delivery is included in all costs listed on the website or in corporate material.
3.4 The firm maintains the right, at its sole discretion, to remove any of the items for sale at any time (whether before or after contract) and without liability for any damage.
3.5 If the business agrees to a contract variation later, the company maintains the right to change the price and/or the contract appropriately.
3.6 Any typographical or clerical mistake or omission on the website or in any quotation, order, acceptance, invoice, or business material produced by the firm may be corrected at any time and without obligation on the part of the company.
3.7 While the company will make every effort to ensure that the information on the website or in the company’s literature is correct, all drawings, specifications, photographs, colours, weights, sizes / dimensions, and information relating to the goods detailed in the company’s literature, the website, or elsewhere are approximate only and do not form part of the contract. The firm will not be held liable or responsible for any variations of the same. The headboards displayed with divan beds are purely for illustrative reasons. Headboards may be provided at an additional fee.
3.8 If a bed frame is acquired, the seller is not liable for repairing damaged parts if the bed frame was built poorly or used inappropriately. Anti-slip pads must be installed beneath the centre legs of any bed frame used on laminate or wooden flooring, and they must be straight or the bed would collapse. The bed should not be pulled with the mattress on it once it has been erected, since this will put too much pressure on the central support, causing the bed to collapse.
3.9 Due to the handcrafted nature of the product, the size of the Mattress may vary. Some providers use metric measures, while others use imperial measurements. On the given metric sizes, our mattresses are delivered with a tolerance of +/- 2.5 percent.
4.1 These terms and conditions apply to any contracts entered into through the website. Any terms and conditions that are in conflict with these terms and conditions will not bind the firm.
4.2 A contract is formed when a consumer places an order with the firm via the company’s website and pays the whole price. The firm will not engage into or be obligated by any contract when items are sent to locations outside of England, Scotland, or Wales (unless the company specifically agrees in writing to the same).
4.3 If the customer requests a modification, amendment, or variation of the contract after placing an order, such a request shall be considered an amendment to the contract and shall not create a new contract.
4.4 A customer may not cancel a contract unless and until the company agrees in writing, and only then on the condition that the customer indemnifies the company in full against all costs, claims, actions, damages, charges, and expenses incurred by the company as a direct or indirect result of the cancellation. Restocking fees of up to 50% will be applied to special order products. Non-stock things that have been acquired particularly for the customer and may have been created to their specifications are known as special order items. Beds and mattresses are excluded from the required 7-day cooling-off period under the Distance Selling Regulations when they have been opened due to their intimate nature. As a result, any unsealed beds or mattresses will be considered used and cannot be returned for any reason other than a manufacture defect for health and hygiene concerns. The things must be kept by the buyer and cared for until they are collected. The goods must be new, unopened, and in their original packing and condition to be eligible for pickup.
5.1 In exchange for the customer paying the price, the firm will deliver the items to the customer on a date that will be communicated to the customer and, if feasible, agreed with the customer.
5.2 The firm will make every effort to deliver the items within 28 days of the contract’s signing. However, the company will not be liable for any penalty, loss, injury, damage, or expense incurred as a result of any delay or failure in delivery or performance of the contract, regardless of the cause, nor will any such delay or failure entitle the customer to refuse any delivery or performance under the contract, or to repudiate the contract.
5.3 All delivery dates indicated or supplied by the business are estimates only, and while the company will take reasonable efforts to deliver the items within the timescale of 28 days, or any other timescale informed to the client by the company, time will never be of the essence. The firm will not be held liable for any failure to supply or deliver items by any specified date or dates.
5.4 The items will be delivered to the customer’s premises by the firm organising transportation. If the contract value exceeds £499.00, the firm will cover all shipping and carriage fees, subject to article 6.2. If the contract’s worth is less than £499.00, the client must pay a delivery fee of £29.99 to the provider, which will be added to the total price.
5.5 The firm may outsource the performance of the delivery in whole or in part at its sole discretion. The firm shall choose the carrier to execute delivery at all times, and the client shall not submit any request in this regard.
5.6 The things may be delivered singly and in pieces.
5.7 In entering into the contract, the customer warrants that adequate access to the premises is available to enable the company to deliver the goods; if it is not, the company shall be free to deliver the goods to the closest point of accessibility as determined by the company, employees, servants, or agents at their sole discretion, and the customer shall have no objection or requisition thereto.
5.8 Upon receipt of the products, the customer must inspect them thoroughly and notify the firm of any shortages or defects that are reasonably apparent upon inspection. The firm must receive such notification in writing within 48 hours of the date of delivery. In the absence of such notice, the firm disclaims any and all liability for defects or shortages. Any items that the client feels are broken or faulty, along with the packaging, must be kept for inspection by or on behalf of the firm.
5.9 If the company is satisfied that the products are satisfactory and as described in the contract, and that they are not damaged or faulty, the contract is regarded to be completed in terms of the business’s contractual responsibilities.
6.1 The consumer agrees to pay the firm the agreed-upon fee.
6.2 If the customer’s postponement or delays (of whatever form and howsoever occurring) prohibit the business from meeting the delivery date, the company maintains the right to adjust the price to reflect any additional expenses incurred. In particular, if the company is unable to deliver on the date notified to the customer due to the customer’s failure to make necessary arrangements to enable the delivery to be properly effected, and a new delivery date must be scheduled, the delivery cost will be charged to the customer and added to the contract price. If the order is cancelled,
6.3 All prices indicated on the Internet or in the company’s literature include value added tax as well as, where applicable, any alternative taxes, levies, tariffs, imports, fees, or charges of any kind and nature.
6.4 The firm shall provide all invoices to the client upon receipt of the order.
7.1 In exchange for the firm providing items to the client, the consumer must pay the price to the company.
7.2 The client is responsible for paying for the items in full at the time of order. A contract exists only once full payment has been received.
7.3 Payment will be done by Paypal using a debit or credit card.
7.4 In the case of any late payment, the firm is right to charge interest on any outstanding sum at a rate of 4% over Barclays Bank plc’s bank base rate, calculated from the day the payment became due until the date of complete payment, plus interest.
7.5 The customer is responsible for any charges and expenditures incurred by the firm in collecting any late amount, including but not limited to legal fees.
7.6 The delivery charge of £29.99 (in relation to contracts to a value of less than £499.00) shall be added to the price and paid in full at the time of order.
7.7 Paypal handles all of the company’s payments. The customer’s attention is brought to the company’s responsibility limit, which is described in paragraph 11.3.
8. Risk and Retention of Title
8.1 The risk in the items passes to the consumer as soon as they are delivered.
8.2 Notwithstanding article 8.1, the company retains title and ownership of the items until the price and any other sums owed to the company by the customer are paid in full.
9. Quality of Goods
9.1 The firm hereby undertakes and warrants to the client that all items delivered will be of satisfactory quality and fit for purpose in accordance with applicable statutory law.
9.2 The customer’s attention is called to the possibility that the items offered are natural products (as appropriate). Due to their inherent qualities, solid wood, leather, and velvet items, in particular, may be vulnerable to colour alterations, including colour variances. Color variations in painted objects are possible. The firm will not be held accountable for any change in the items caused by natural qualities or coloration variances, and the client will not consider this to be a violation of contract.
10.1 In lieu of all warranties, conditions, or liabilities imposed by law, the company’s sole liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to replacing or repairing defects that appear under normal use and arise solely from defective design, workmanship, or faulty materials within a period of 12 months from the date of delivery.
10.2 The business will only assume obligation under paragraph 10.1 above if it is notified in writing within 14 working days of any such defect or failure being evident to the customer, and the customer retains the faulty products for inspection by the company.
10.3 The firm shall not be liable for any fault in or failure of products caused by misuse by the customer or any third party, owing to a lack of care, or due to a lack of general maintenance.
11.1 The corporation is only liable in the ways specified in clause 10 above. This provision supersedes all other conditions, guarantees, and statements in connection with the contract, whether express or implied by legislation, trade, custom, or otherwise, and any such condition, warranty, or statement is hereby disclaimed. The customer’s statutory consumer rights remain unaffected at all times.
11.2 Without limiting the foregoing, the company’s liability for any loss or damage suffered by the customer as a direct result of any breach of the contract or any liability of the company (including negligence) in respect of the performance of the contract is limited to payment of damages not exceeding the contract’s invoice value.
11.3 The company will not be liable for any loss or damage arising out of or in connection with any failure or defect of or in any part of the goods (including any delay in supplying or any failure to supply the goods in accordance with the contract or at all) or its use by the customer, however caused, or for any loss incurred by the customer in making payment via Protex (even if foreseeable or in the company’s contemplation), including, but not limited to, the following:
11.4 These terms and conditions are not intended to exclude or limit any responsibility that is expressly forbidden by the Unfair Contract Terms Act 1977.
13. Extenuating Circumstances
If performance by the company or its suppliers is prevented, hindered, or delayed, whether directly or indirectly, by any reason or cause whatsoever beyond the company’s or its supplier’s reasonable control, the company shall be entitled, without liability on its part and without prejudice to its other rights, to terminate the contract or any unfulfilled part thereof, or, at its option, to suspend or give partial performance under it, whether or not such cause existed o Acts of God, conflict, strikes, supplier delays, and shortages of materials, labour, or production facilities are just a few examples.
14. Intellectual Property
14.1 In any drawings, designs, plans, proofs, models, prototypes, catalogues, brochures, and publications, the firm should own and hold the property, copyright, and all other intellectual or industrial property rights.
14.2 The customer agrees to hold the firm harmless from any and all actions, fees, claims, demands, expenses, and liabilities resulting from any real or claimed infringement asserted under section.
If a customer fails to make a payment due to the company on the due date, or if the customer becomes insolvent or bankrupt, or if a petition is filed or a resolution is passed for the liquidation (other than for the purpose of amalgamation or reconstruction) or sequestration of the customer, or if a receiver, administrator, administrative receiver, or judicial factor is appointed over all or any of the customer’s assets, or if a receiver, administrator, administrative receiver,
16. Entire Agreement Clause
16.1 The customer affirms that they have not relied on any guarantee, representation, or commitment made by or on behalf of the business by any of its employees or agents (whether written or oral) in respect of the products, and that the company is not liable in this regard.
16.2 In addition, the customer confirms and accepts that it is solely the customer’s obligation to guarantee that the items bought from the company under the contract are suitable for the customer’s needs.
16.3 These terms and conditions constitute the whole contract between the firm and the consumer.
16.4 This clause 15 is not intended to restrict or exclude the company’s liability for fraud.
17.1 The firm may outsource the performance of this contract in whole or in part at its sole discretion.
17.2 If these terms and conditions are in contradiction with any other terms and conditions, these terms and conditions will take precedence.
17.3 The company’s contractual rights and remedies are cumulative and are not exclusive of the company’s other rights and remedies, whether contractual or not.
17.4 The company’s waiver of a customer’s breach of contract shall not be considered as a waiver of any subsequent breach of the same or any other condition of this agreement.
17.5 The company’s failure or delay in fully or partly enforcing any provision of this contract will not be considered as a waiver of the company’s rights under the contract in general.
17.6 For the avoidance of dispute, nothing in this agreement gives any third party any advantage or the right to enforce any of the agreement’s provisions.
17.7 If any provision of these terms and conditions is found to be illegal or unenforceable in whole or in part by any competent authority, the legality of the other sections of these terms and conditions and the rest of the provision in issue will not be affected.
17.8 Obligations owed by more than one person are joint and multiple, and references to any party under this agreement at any time relate to each person individually as well as jointly with the others who make up the group.
17.9 When the situation warrants it, words that import the singular also include the plural and vice versa.
17.10 The headers, marginal notes, and guiding notes in this agreement are not considered part of it and are not to be used in its interpretation or construction.
17.11 Unless otherwise noted, any references to clauses are to provisions numbered in this agreement and not to clauses in any other instrument.
17.12 This contract shall be governed by and construed in accordance with English law, and the parties agree to submit to the exclusive jurisdiction of the English courts.
18.Pricing and Availability
18.1 On the internet, we offer availability information for items we sell, including on each product information page. We can’t be more detailed about availability than what we mention on that page or elsewhere on the website. If any of the items you order turn out to be unavailable, we will notify you through e-mail or a note on the website’s Message Centre as soon as possible, and you will not be charged for those products.
18.2 Please keep in mind that delivery estimates are simply that, unless otherwise mentioned on the website. They do not guarantee delivery times and should not be used as such.
18.3 Despite our best efforts, some goods in our catalogue may be incorrectly priced. We will double-check prices before processing your order and taking payment. If we make a mistake and the correct price of a product is greater than the price displayed on the website, we may contact you before shipping to ask if you want to buy the goods at the correct price or cancel your order. If the correct price of a product is less than our quoted price, we will charge the reduced amount and ship the product to you.