Terms & Conditions of Sale

  1. THESE TERMS
    • What these terms cover. These are the terms and conditions on which we supply products to you.
    • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
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  2. INFORMATION ABOUT US AND HOW TO CONTACT US
    • Who we are. We are Kesseler UK Limited t/a ‘online-bedrooms.co.uk’ a company registered in England and Wales and our registered office is at 81 Burton Road, Derby DE1 1TJ. Our company registration number is 07036375. Our registered VAT number is 980797689.
    • How to contact us. You can contact us by telephoning our customer service team at [01623 752183] or by writing to us at info@online-bedrooms.co.uk.
    • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    • "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
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  3. OUR CONTRACT WITH YOU
    • How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
    • If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
    • Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
    • We only sell to the UK. Our website online-bedrooms.co.uk (“Website”) is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
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  4. OUR PRODUCTS
    • Products may vary slightly from their pictures. The images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
    • Making sure your measurements are accurate. If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on the Website or by contacting us.
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  5. YOUR RIGHTS TO MAKE CHANGES
    • If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible but please note that in many cases our products are “made to order” and production will begin immediately following order. As a result, changes may not be possible after we confirm your order.
    • If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.[1]
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  6. OUR RIGHTS TO MAKE CHANGES AND INTELLECTUAL PROPERTY
    • Minor changes to the products. We may change the product:
      • to reflect changes in relevant laws and regulatory requirements; and
      • to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
    • You acknowledge that we are the owner of all intellectual property rights in the products and under no circumstances shall any of the intellectual property rights in the products transfer to you including, but not limited to, patents, industrial designs, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
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  7. PROVIDING THE PRODUCTS
    • Delivery costs. The costs of delivery, if any, will be as displayed to you on the Website and will be highlighted to you when we email you to accept your order.
    • When we will provide the products. During the order process we will provide you with a choice of delivery dates but we reserve the right to make delivery in instalments.
    • We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
    • If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will contact you to agree an alternative delivery date
    • If you do not re-arrange delivery. If you fail to take delivery on the specified day or, we are (despite our reasonable efforts) unable to contact you to arrange delivery we may charge you for storage costs and any further delivery costs. Ultimately, we may then decide to end the contract and condition 2 will apply.
    • When you become responsible for the product(s). A product will be your responsibility from the time we deliver the product to the address you gave us. If you are not at home when the product is delivered you will not become responsible for the product until the time we successfully deliver the product to you.
    • When you own products. You own a product once we have received payment in full, once they have been manufactured and once we have delivered them to the address you gave us. If you are not at home when the product is delivered you will not own it until the time we successfully deliver the product to you.
    • What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on the Website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and condition 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
    • Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
      • deal with technical problems or make minor technical changes;
      • update the product to reflect changes in relevant laws and regulatory requirements; or
      • make changes to the product as requested by you or notified by us to you (see condition 6).
    • Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
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  8. YOUR RIGHTS TO END THE CONTRACT
    • You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or an associated service re-performed or to get some or all of your money back);
      • If you want to end the contract because of something we have done or have told you we are going to do, see condition 2;
      • If you have just changed your mind about the product,you may be able to get a refund but this is subject tocondition 4; and
      • In all other cases (if we are not at fault and you are not exercising your right to change your mind), see condition 5.
    • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
      • we have told you about an upcoming change to the product or these terms which you do not agree to;
      • we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      • there is a risk that supply of the products may be significantly delayed because of events outside our control;
      • we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
      • you have a legal right to end the contract because of something we have done wrong.
    • The right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. This right does not apply to the products, as they are bespoke goods.
    • When you don’t have the right to a refund. The right to end your contract set out above is subject to the following exclusions. Products which:
      • are cut, made to measure or mixed to your requirements, or otherwise customised or made to your specifications; or
      • become mixed inseparably with other items after delivery or collection (which may be the case where the products are installed),
      • . will not be exchanged or refunded unless they are faulty or incorrectly delivered.
    • Ending the contract where we are not at fault. Even if we are not at fault, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered, and paid for. If you want to end a contract before it is completed where we are not at fault, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund as compensation for the net costs we will incur as a result of your ending the contract.
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  9. HOW TO END THE CONTRACT WITH US
    • Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      • Phone or email. Call customer services on 01623 752183] or email us at info@online-bedrooms.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
      • Online. Complete the [form INSERT LINK TO ONLINE FORM] on the Website.
      • By post. Simply write to us at Kesseler UK ltd, Prospect Close, Lowmor Road Industrial Estate, Kirkby-in-Ashfield NG17 7LF, including details of what you bought, when you ordered or received it and your name and address.
    • How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including any delivery costs where applicable, by the method you used for payment. However, we may make deductions from the price.
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  10. OUR RIGHTS TO END THE CONTRACT
    • We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
      • you do not make any payment to us when it is due;
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
      • you do not, within a reasonable time, allow us to deliver the products to you; or
      • you do not, within a reasonable time, allow us access to your premises to supply the associated services.
    • You must compensate us if you break the contract. If we end the contract in the situations set out in condition 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    • We may withdraw the product. We may write to you to let you know that we are going to stop providing the product.
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  11. IF THERE IS A PROBLEM WITH THE PRODUCT
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    • How to tell us about problems. If you have any questions or complaints about the product, or you wish to notify us about a defect, please contact us. You can email our customer service team at info@online-bedrooms.co.uk.
  13. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS
    • We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.

 

 

  • Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, you must allow us to collect them from you. We will pay the costs of collection. Please call customer services on 01623 752183 or email us at info@online-bedrooms.co.uk to arrange collection.
  1. PRICE AND PAYMENT
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    • Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. The price may include delivery costs and includes packaging but it does not include insurance or installation. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see condition 3 for what happens if we discover an error in the price of the product you order.
    • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
    • When you must pay and how you must pay. We accept payment made with [most major credit and debit cards or made through PayPal. You must pay for the products when you order them and we will charge you when you order.
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  3. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    • Subject to clause 14.4, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to clause 14.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
    • Subject to clause 14.4, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
    • 2.1. loss of income or revenue;
    • 2.2. loss of business;
    • 2.3. loss of profits;
    • 2.4. loss of anticipated savings;
    • 2.5. loss of data; or
    • 2.6. waste of management or office time.
    • However, this clause 14.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories 14.2.1 to 14.2.6 inclusive of this clause 14.2.
    • We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purpose, and we have no liability to you where Products are used other than for domestic and private use.
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    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
    • When we are liable for damage to your property. If we are providing associated services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the associated services.
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  4. HOW WE MAY USE YOUR PERSONAL INFORMATION
    • How we will use your personal information. We will use the personal information you provide to us:
      • to supply the products to you;
      • to process your payment for the products; and
      • if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
    • We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
    • We will only give your personal information to other third parties where the law either requires or allows us to do so.
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  5. OTHER IMPORTANT TERMS
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

 

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