Terms and Conditions

Information About Us:

“Website” is a site operated by Midland Beds and Mattresses LTD. We are registered in England and Wales with our registered office at 52 Salisbury St, Darlaston, Wednesbury WS10 8BQ, United Kingdom.

Our Products

1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2. The packaging of the Products may vary from that shown in images on our site.
3. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

Your Status:

By placing an order through our site, you warrant that:

1. You are legally capable of entering into binding contracts.
2. You are at least 18 years old.

How The Contract Is Formed Between You And Us?

After placing an order, where you have provided a contact telephone number, we will usually contact you by telephone to discuss delivery methods and provide you with an estimated time for delivery. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product.

All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email attaching your receipt and confirming the estimated time for delivery (the Order Confirmation). The contract between us (Contract) will only be accepted by us when we send you the Order Confirmation. When we dispatch your order we will send you an email that confirms that the Product has been dispatched (the Dispatch Confirmation).

The Contract will relate only to those Products we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order such Products have been confirmed in a separate Order Confirmation.

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. To enter into this Agreement with us, you will need to take the following steps:

1. Complete the checkout process on our website.
2. Call through on our sales lines and order over the phone with one of our sales agents.

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.

Delivery

1. 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 on the product.
2. We will only deliver Products within the Mainland UK for free, delivery charges for addresses outside of the Mainland UK will vary and likely incur an additional cost. Please also note that the delivery charge is for delivery during normal business hours (9 am to 5 pm – Monday to Saturday), delivery at any other time or day will likely incur an additional cost.
3. Delivery will be to the ground floor entrance only. The purchaser may be required to provide free assistance to unaccompanied drivers. Delivery queries including shortages and damages must be notified by the day following delivery otherwise We cannot be held responsible.

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).

Defective / Damaged Products

You must notify us within 48 hours if the product has arrived damaged or is defective. We will request photos of the damage/defect (And the product boxed up and ready for collection) and these need to be sent to us as soon as possible. This is so we can see the issue and also to cover you from any damage that may occur in transit back to us.

1. Damaged Products:
   The vast majority of our products require assembly, and arrive ‘flat packed’ and/or in several parts. We will not replace/swap full products that have replaceable damaged parts, we will send out a replacement part where necessary and only if the part of the product is not replaceable then we will of course replace the full product.
   
   
2. Defective Products:
   Products returned by you because of a manufacturing defect/fault will be refunded in full (Including all carriage charges) 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. Alternatively, if and you agree, we may supply you with a replacement product or part.

Product Returns:

If you are unhappy with a product you have 14 days to return it to us. We will offer a refund as long as the product is re-boxed and gets back to us in a re-saleable condition. All returned goods will be inspected and we reserve the right to charge for incomplete or damaged returns.

If you are unable to arrange a return courier yourself, we can arrange this for but at a cost to you. Please be aware that the cost will be deducted from your final refund and it can take up to 10 days for the courier to collect a return request.

1. Made to order or personalised products:

However, please note products that are made to order or personalised are not eligible for return or refund (Unless damaged, see section above). Made to order or personalised products are an exception to the distance selling regulations.

2. Mattresses:

Please be aware due to hygiene reasons, mattresses that have been opened are also exempt from the distance selling regulations and we are unable to accept returns unless deemed faulty. Many of our mattresses are vacuum packed and they can take up to 72 hours to inflate to their full depth. Please note that new mattresses can take a few weeks to ‘bed in’ and for the customer to adjust to it.

Limitations of liability

Nothing in this Agreement shall limit or exclude your or our liability for:

1. Death or personal injury caused by negligence.
2. 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.
3. For fraud or fraudulent misrepresentation.
4. For any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.

Subject to this:

1. 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.
2. 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.
3. 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.

General Terms

Images of Products on the Site are for illustrative purposes, actual Products may differ slightly from such images (As such measurements should be taken as approximate). We will treat all your personal information that we collect in connection with your Order by the terms of our ‘Privacy Policy’ and use of our website will be subject to these terms and conditions.

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 to 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 concerning 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 under the laws of England, and the English courts shall have exclusive jurisdiction for 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 via the website or phone, you indicate your understanding and acceptance of these terms and conditions.