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Terms and Conditions
BY PURCHASING FROM US YOU AUTOMATICALLY AGREE TO OUR TERMS & CONDITIONS
(1) Definitions and interpretation
In this Agreement " we" means n3o Ltd trading as HotelMattress (and " us" and " our" shall be construed accordingly) and " you" means the relevant customer or potential customer as the case may be (and " your" shall be construed accordingly).
In this Agreement, the following definitions shall apply:
" Agreement" means this agreement incorporating any terms set out in our Second Acknowledgement
" First Acknowledgement" means the initial automatic email acknowledgment which we will send to you after receiving your Order
" Order" means your order for Products made via the Site
" Products" means goods which may be purchased by you from the Site
" Second Acknowledgement" means the email acknowledgment which we will send to you (where appropriate) confirming acceptance of your Order and
" Site" means the website at http://www.hotelmattress.co.uk or any successor site operated by us from time to time.
(2) This Agreement
The advertising of Products on the Site constitutes an " invitation to treat" and your Order for Products constitutes a contractual offer. No contract comes into force between you and us unless and until we accept your Order.
In order to enter into this Agreement with us, you will need to take the following steps: i) Call into our office where we can confirm prices ii) We then send you a pro-forma or full invoice and take the full amount of the order (at which point this Agreement will become a binding contract) or we will confirm by email that we are unable to meet your Order.
Please note that we will not file a copy of this Agreement. We may update the version of this Agreement on the Site from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of this Agreement for your records.
The only language in which we offer this Agreement is English.
(3) About us
Our full name is n3o trading as Hotel Mattress. Our trading address is n3o G4, Bedford Ilab, Stannard Way, Bedford, MK44 3RZ. Our email address is info@hotelmattress.co.uk
Our VAT number is 909 2929 95
(4) The Products
Products available from this site will range from beds to various types of contract furniture and equipment - However from time to time new product ranges may be introduced without prior notice and existing models may be changed in the interest of improved quality and design. Hotelmattress reserve the right to substitute alternative materials, or models, should the original no longer be available and cannot undertake to match other items not under complaint, with any substitute cloth used.
(5) Price and payment
Prices for Products are quoted on the Site within the client login area. The Site contains a large number of Products and it is always possible that some of the Products listed on the Site may be incorrectly priced. We will verify prices as part of our sale procedures so that a Product's correct price will be stated [in the Second Acknowledgement/when you pay for the Product.
In addition to the price of the Products, you will have to pay a delivery charge, which will be as stated when you pay for the Product.- Delivery charges will vary for customers not in Mainland UK and upon placing you're order are only an estimate.
Payment must be made before any products are despatched or ordered with our suppliers. We may with hold the Products and/or terminate this Agreement if the payment is not received from you in full, on time, in cleared funds.
The prices on the Site do not include any value added or sales taxes (Prices that do are only where applicable and clearly stated)
Prices for Products are liable to change at any time, but changes will not affect Agreements which have come into force.
(6) Delivery
We will arrange for the Products to be delivered to the address for delivery indicated in your Order.
We will use reasonable endeavours to deliver Products on or before the date for delivery stated above - However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of Products will be dispatched within 70 days of receipt of payment.
We will only deliver Products within Mainland UK for a set price, delivery charges for addresses outside of the Mainland UK and in the highlands of Scotland will vary. Please also note that the delivery charge is for delivery in normal business hours (9am till 5pm - Monday to Friday), delivery at any other time or day will require additional payment.
Delivery will be to ground floor entrance only. The purchaser may be required to provide free assistance to unaccompanied driver. Delivery queries including shortages and damages must be notified in writing by 10am on the day following delivery otherwise Hotel Mattress cannot be held responsible.
(7) Risk and title
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the Products (including delivery charges).
(8) Product Returns
We can only accept goods / products for return that have been delivered damaged or faulty - All our products are manufactured on an order by order basis. We will try (Where possible) to resell unwanted items to other customers as long as we have the demand for the product.
On placing your order with us via phone, email or the website you are asking us to custom make the products you have ordered, and acknowledge the goods you have ordered once received/collected are your responsibility and we cannot be held liable for incorrect ordering by you (The customer) or the premises where the products are to be delivered do not have appropriate access - You also acknowledge we are unable to accept incorrectly ordered products.
(9) Defective Products / Damaged Items
Our obligation is to replace any damaged parts, if the item has been delivered with a damaged replaceable part we will send a replacement to you - However you must notify us within 24 hours that the item has damage. We will not replace full items that have replaceable damaged parts, products will only be replaced if the parts are not replaceable.
products can be returned by you because of a manufacturing defect/fault will be refunded in full only if they are returned in the same packaging as they were delivered and once they have been checked and confirmed defective by our returns department (including the cost of sending the Products to you, and the cost of returning the Products to us). Alternatively, if we and you agree, we may supply you with a replacement product
(10) Refunds
(Please see section 8 & 9 for more information about returns & handling charges)
(11) Warranties
We warrant to you that any Product you purchase through the Site will be of satisfactory quality.
You warrant to us that: you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement you are legally capable of entering into binding contracts you are resident in the United Kingdom you are at least 18 years old the information provided in the Order is accurate and you will be able to accept delivery of the Products as contemplated in this Agreement.
Subject to the warranties set out in above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Products, whether express or implied.
(12) Limitations of liability
Nothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987 (iii) for fraud or fraudulent misrepresentation or (iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.
Subject to this: (i) our liability in connection with any Product purchased through our site is strictly limited to the higher of the purchase price of the relevant Product and the replacement cost of the relevant Product (ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.
(13) General terms
Images of Products on the Site are for illustrative purposes actual Products may differ from such images - As such furniture measurements are aprroximate.
We will treat all your personal information that we collect in connection with your Order in accordance with the terms of our Privacy Policy use of our website will be subject to these terms and conditions.
This Agreement may only be varied by an instrument in writing signed by both you and us. We may revise these terms from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with you.
If any provision of this Agreement is held invalid or
unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall remain in full force and effect,
and such invalid or unenforceable provisions or portion thereof
shall be deemed omitted.
No waiver of any term, provision, or condition of this Agreement,
whether by conduct or otherwise, in any one or more instances, will
be deemed to be, or be construed as, a further or continuing waiver
of that term, provision or condition or any other term, provision
or condition of this Agreement.
You may not assign, charge, sub-contract or otherwise transfer
this Agreement, or any of your rights or obligations arising under
this Agreement. Any attempt by you to do so shall be null and void.
We may assign, charge, sub-contract or otherwise transfer this
Agreement, or any of our rights or obligations arising under this
Agreement, at any time - providing such action does not serve to
reduce the guarantees benefiting you under this Agreement.
This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
This Agreement will be governed by and interpreted in accordance
with the laws of the England, and the English courts shall have
exclusive jurisdiction with respect to any dispute arising under
this Agreement.
If you do not agree to the terms and conditions, do not order any
Products from this site. Once you place your order on the site, you
indicate your acceptance of these terms and conditions.
