Terms & Conditions
Your use of and purchase of products from this site is governed by the terms and conditions set out below
Definitions
"Address" refers to the address for MattressFirst being Gartbeg, Craigie, Clunie, Blairgowrie, Perthshire. PH10 6RG.
"Confirmatory Note" means the acceptance of the order for the Goods sent by the Vendor to the Purchaser in writing, this can be by electronic means.
"Consumer" shall have the meaning given in Section 12 of the Unfair Contract Terms Act 1977.
"Contract" refers to any contract between the Purchaser and MattressFirst for the sale and purchase of the Goods incorporating these terms whether completed electronically through this website or via other means.
"Delivery Address" refers to the delivery address as specified by you, the Purchaser in the Order.
"Delivery Date" means the date specified by the Vendor when the Products are to be delivered.
"Goods" means the mattresses or other products forming the basis of this order.
"Order" refers to your offer as the Purchaser to purchase the Goods that you place with M F whether electronically or via other means.
"Price" means the price for the Goods including delivery packaging and VAT.
"Purchaser" means any person who agrees to or buys the Goods from the Vendor.
"Special" means any goods that are the subject of a special offer.
"Terms" means the terms and conditions of sale set out below and any special terms and conditions agreed in writing by the Vendor.
"Vendor" means MattressFirst of Gartbeg, Craigie, Clunie, Blairgowrie, Perthshire. PH10 6RG
1. Headings
1.1 The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
2. Application of Terms
2.1 Unless otherwise agreed in writing these Terms shall apply to all contracts made with MattressFirst
2.2 Any order that the Purchaser makes is an offer by the Purchaser to purchase the Goods from MattressFirst subject to these terms.
2.3 Any order placed via email will receive an automated response from MattressFirst, this does not make the order binding on the Vendor and Purchaser.
2.4 Any order that the Purchaser makes will become binding once the Vendor issues a Confirmatory Note to the Purchaser.
2.5 All information provided by the Purchaser must be accurate and supplied to the Vendor within an appropriate time to allow the Vendor to perform any contract in accordance with this term.
2.6 The Vendor retains the right to correct any errors in this literature without liability to the Purchaser
2.7 If for any reason any of these Terms are judged unenforceable then the rest of these Terms will be unaffected.
2.8 In the event that the Goods cannot be supplied by the Vendor then any contract for the same shall be ended but if any pre-payments have been made then these will be refunded to the Purchaser within 30 days of the order but no compensation shall be payable by the Vendor.
3. Use of the Website
3.1. Access: You are provided with access to the Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
3.2 You warrant that: The personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify us immediately if any changes to the Personal Information by contacting us by Email, or calling us on 0845 003 9565.
3.3 Our Rights: We reserve the right to: modify or withdraw, temporary or permanently, this Website (or any part thereof) with or without notice to you and you confirmed that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
3.4 Third Party Links. To provide increased value to our users, we may provide links to other Websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked Website we are not responsible for the availability of such external sites or resources and do not review or endorse and are no responsible for liable, directly or indirectly, for (i) the privacy practices of such Websites, (ii) the content of such Websites, including (without limitations) any advertising, content, products, goods or other materials or services on or available from such Websites or resources or the use to which others make of these Websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external Websites or resources.
4. Basis of Sale
4.1 The Vendor shall sell and the Purchaser shall buy the Goods in accordance with the Confirmatory Note. No Contract exists between the Vendor and the Purchaser for the sale of any the Goods until the Vendor has received processed and confirmed the order by Confirmatory Note and the Vendor has received payment in full (in cleared funds). This does not affect the statutory right to cancel.
4.2 The Goods that are the subject of the Contract are set out in the Confirmatory Note.
4.3 Any items that are not a mattress, bed base, mattress topper, mattress protector and pillow in the product description on the Web Page that appears in any photograph or illustration on the Website or in product brochures will not form part of this contract.
4.4 Any specifications or advertising issued by the Vendor and any descriptions or illustrations contained within our website will not form part of this Contract. Such information is by way of guidance or illustration only and may not bear any relationship with the Products.
4.5 The Purchaser may only assign the benefit of this Agreement with the Vendors written consent
5. Price and payment
5.1 The Price for the Goods is set out in the Confirmatory Note. All prices listed include VAT (Value Added Tax) at the UK standard rate of 17.5%
5.2 Prices may be increased by the Vendor to take into account any increased costs. If notice of price increase is given by the Vendor the Purchaser has the right to cancel the order and receive back any sums they have paid. The Purchaser must serve written notice of the cancellation on the Vendor within seven days of receipt of the notice of price increase.
5.3 Any invoicing mistakes will be corrected within 30 days of receipt of written notice.
5.4 All payments are due when the Confirmatory Note is dispatched and must be paid before the date of delivery in cleared funds i.e., allowing 5 working days for any cheque to clear.
5.5 If payment has not been received and a Confirmatory Note has been sent, interest on overdue invoices shall accrue from the date of when payment becomes due on a daily basis until the date of payment at the rate of 2% above The Royal Bank of Scotland base rate in force at that time.
5.6 There will be no delivery of Goods until they have been paid for in cleared funds.
5.7 This website shows all methods of payment accepted by the Vendor.
5.8 All payments shall be made by the Purchaser without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
6. Description of Products
6.1 The Confirmatory Note details the description of the Goods ordered.
6.2 The specification of the Goods whichdo not materially affect their quality or performance may be changed to conform with any applicable statutory requirements where the Goods are supplied to the Vendor's specification.
6.3 The Vendor will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system and will aim to keep the Website as up to date as possible. All sizes quoted are approximate. The illustrations of colours are representative only.
7. Warranties and Liabilities
7.1 All Goods will correspond with their specification at the time of delivery and will be free from defect in quality, material workmanship and condition for a period of 12 months from delivery, unless otherwise specified and subject to conditions set out below:
7.2 The Vendor shall not be liable for any breach given above unless:
7.2.1 The Purchaser gives written notice to the Vendor of any defect within 14 days of the discovery of the defect; and
7.2.2 The Vendor must always be given reasonable opportunity after receiving the Purchaser's notice to examine the Goods in question and the Purchaser (if asked by the Vendor to do so) shall return the Goods to the Address at the Vendor's cost for the examination to take place there.
7.3 The Purchaser must not make any further use of the Goods after giving notice of the defect to the Vendor; The Vendor shall not be liable;
7.3.1 If any defect arises as a result of fair wear and tear, willful damage, negligence, misuse, abnormal working conditions or failure to follow our oral or written instructions as to the storage of use of the Goods.
7.3.2 If the Purchaser alters or repairs the Goods without the Vendor's written consent; or
7.3.3 If the Purchaser has not paid the price for the Goods by the Payment date then the Vendor shall not be liable for any breach of warranty relating to those Goods
7.4 Subject to clause 6.2, if any of the Goods do not conform with any of the warranty, then within 30 days of us examining the defective Products, the Vendor (at the Vendor's option) will either:
7.4.1 Repair or replace such Products (or the defective part) free of charge; or
7.4.2 Refund the price of such Products (or a proportionate part of the price) provided that the Purchaser delivers up the Goods for collection
7.5 If the Vendor complies with clause 6.4 it shall have no further liability for breach of any warranty in condition 6.1 in respect of such Goods.
8. Delivery
8.1 The Vendor will endeavor to deliver the Goods within 48 hours from the date of order, including Saturday up to midday, providing that the order is received no later than 2pm during a normal working day Monday to Friday except for the Scottish Highlands, Scottish Islands and The Scilly Isles where delivery will be between 3 to 5 working days, this affects the following postcodes:
Scottish Highlands and The Scilly Isles.
AB31, AB33 - AB38,AB44 - AB45, AB51 - AB56, FK18 - FK21, G84, IV1 - IV36, IV52 - IV54, IV63, KA27 - KA28, KW1 KW14, PA20 - PA40, PH19 -, PH41, PH43 -PH50, TR21 - 25
Scottish Islands.
HS1 - HS9, IV40, KW15 - KW17, PA41 - PA49, PA60 - PA78, PH42, ZE1 - ZE3
The Vendor will not deliver on a Sunday, Bank Holidays or Public Holidays.
8.2 The Goods ordered by the Purchaser will be delivered to the address specified in the order unless otherwise agreed in writing between all parties.
8.3 Goods will be deemed to have been delivered once delivered to the specified address as detailed in clause 7.2. The Vendor does not need to satisfy itself that the person accepting delivery at the specified address is the Purchaser or his/her authorized representatives
8.4 Dates and times quoted for delivery are approximate only. The Vendor shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
8.5 Generally, where an order contains more than one items all items will be delivered at the same time once all items are available.
8.6 Where a delivery date has been agreed with our carrier but the Purchaser or his/her representatives is not present to receive the delivery, the Vendor reserves the right to charge the Purchaser a minimum of £25.00 to cover the cost of the failed delivery.
8.7 If the Goods ordered by the Purchaser are not available or discontinued and the Vendor is unable to deliver them to the Purchaser within 60 days (or any other time limit agreed by the parties), the Vendor shall inform the Purchaser of this, cancel the Contract; and reimburse any sums paid by the Purchaser (or which has been paid on the Purchaser's behalf) under the Contract to the person by whom payment was made no later than 30 days after the due date for delivery of the Goods under the Contract.
8.8 The quantity or content of any consignment of the Goods as recorded by the Vendor upon dispatch shall be conclusive evidence proving the same.
8.9 Time for the delivery shall not be of the essence. The Goods may be delivered by the Vendor in advance of the quoted delivery date.
8.10 Deliveries made by national carriers will be delivered by one man and delivered to your front door.
8.11 All goods must be signed for. We are unable to deliver to unattended premises or outside of customers addresses.
8.12 In the event that the Purchaser misses the delivery, a card will be left with contact details to re-arrange delivery/collection for a convenient day. Although we reserve the right to recoup transportation costs for the return trip.
8.13 We do not accept any blame or liability for customers removing or disposing of old beds or mattresses prior to delivery. We do advise that customers only dispose of old goods after acceptance of the new goods being delivered.
8.14 Deliveries made to business addresses will have the customer's authority for anybody in the building to accept goods on the customer's behalf. The Vendor accepts no responsibility once the goods have been signed for at the requested address.
9. Acceptance of the Good(s)
9.1 Other than where the Purchaser acts as a Consumer, the Purchaser shall be deemed to have accepted the Goods 5 working days after delivery to the Purchaser.
9.2 After acceptance the Purchaser shall not be entitled to reject the Goods which are not in accordance with the Contract.
10. Risk and Title
10.1 Risk of damage to or loss of the Goods shall pass to the Purchaser upon delivery. If the Purchaser wrongfully fails to take delivery of the Goods, then risk of the Products shall pass to the Purchaser at the time when the Vendor tendered delivery of the Products.
10.2 Notwithstanding any other provision herein title to the Goods shall not pass to the Purchaser until the Vendor has received in cash or cleared funds payment in full for the Goods and all other sums which are or which become due to the Vendor.
10.3 The Vendor shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Products has not passed from the Vendor.
10.4 The Purchaser may not use or resell the Goods before ownership has passed.
10.5 The Purchaser grants to the Vendor the license at any time to enter any premises where the Goods are or may be stored in order to inspect them, or where right to possession has terminated, to recover them, and to use reasonable force in doing so.
11. Insolvency of Purchaser
11.1 This clause applies if:-
11.1.1 The Purchaser makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation(otherwise than for the purpose of amalgamation or reconstruction) or
11.1.2 Any third party takes possession of the goods, or a receiver is appointed, of any of the property of assets of the Purchaser, or
11.1.3 The Purchaser, not being a Consumer, ceases or threatens to cease, to carry on business, or
11.1.4 The Vendor reasonably believes that any of the events mentioned above is about to occur in relation to the Purchaser and notified the Purchaser accordingly.
11.2 If the clause applies, without prejudice to any other right or remedy available to the Vendor, the Vendor shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Purchaser, and if the Goods have been delivered but not paid for the Price shall become immediately due and payable, despite any previous arrangement to the contrary.
12. General
12.1 The Vendor shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside of their reasonable control.
12.2 In the event of clause 11.1 occurring and the delay continues for a period in excess of 30 days, the Purchaser will be entitled to give notice in writing to terminate the Contract.
12.3 Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Vendor, addressed to the Vendors at its Address or in the case of notices to the Purchaser, at the Purchaser's address as provided to the Vendor.
12.4 Failure or delay by the Vendor in enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
12.5 No Representation in any statement, description, warranty condition or recommendation contained any price list, advertisement or communication or made verbally by any of the Agents or Employees of the Vendor shall be construed to enlarge, vary or override in any way thereof any of these conditions.
12.6 The Purchaser will pay for any loss or extra cost incurred by the Vendor through the Purchaser's instructions or lack of instructions or through failure to delay in taking delivery or through any acts or default on the part of the Purchaser, its servants, agents or employees.
13. The Purchaser's Right of Cancellation
13.1 The Purchaser has the right of cancellation within 7 days except where Goods are tailored to customer requirements and without fault.
13.2 To exercise the Purchaser's right of cancellation, the Purchaser must give written notice to the Vendor by letter or e-mail giving details of the Goods ordered and (where appropriate) their delivery.
13.3 Once the Vendor has been notified of the canceling of the Contract, the Vendor will refund the Purchaser within 30 days for any sum that has been paid or debited from the Purchaser's credit card for the Goods, subject to return of the goods.
13.4 If the Purchaser does not cancel the Contract in accordance with clauses 12.1 and 12.2, the Purchaser shall be deemed to have accepted the goods (except any manufacturing faults) and will not be liable to return the Goods to the Vendor.
13.5 If the Vendor has delivered the Goods to the Purchaser but the Purchaser wants to cancel the Contract, as prescribed in clauses 12.1 and 12.2, the Purchaser must retain possession of the Goods until the cancellation notice has been sent to the Vendor within the relevant time limit. The Goods can not be used. The Purchaser will be responsible for returning the Goods to the Vendor at the Purchaser's own cost. The Goods must be returned to the address in the definitions section. The Purchaser must take reasonable care to ensure that the Goods are not damaged in the meantime or in transit and return them in the packaging and condition they were delivered to the Purchaser.
14. Applicable Law
14.1 These terms and conditions and any contract between the Vendor and Purchaser shall be governed by and construed in accordance with Scots Law and the Scottish Courts shall have jurisdiction over any disputes between the Vendor and Purchaser. Contracts are made and accepted subject to these Conditions of Sale.
15. Limitation of Liability
15.1 The Vendor's total liability under the Contract with the Purchaser shall be limited to the price paid for the Goods.
15.2 The Vendor shall not be liable to the Purchaser for any indirect or consequential loss or damage (whether for the loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
15.3 The Vendor will use reasonable endeavors to verify the accuracy of any information placed on their website, no warranty is given, whether expressed or implied in relation to its accuracy.
15.4 This does not affect the Purchaser's statutory rights as a consumer.
16. Privacy
16.1 The Vendor is committed to protecting the Purchaser's privacy and will only use the information supplied by the Purchaser lawfully (in accordance with the Data Protection Act 1998). No information will be disclosed to third parties without the Purchaser's consent.
17. Complaints
17.1 If the Purchaser has a complaint about the goods or service, the Purchaser should contact the Vendor who will try to respond in writing to the Purchaser's complaint within 14 working days of receiving it.
17.2 Any complaint by the Purchaser will be dealt with fairly and confidentially and the Purchaser will be kept informed of progress.
If you do not agree with our terms and conditions, please do not use our website.
Graham Griffiths trading as MattressFirst
GARTBEG,
CRAIGIE,
CLUNIE,
BLAIRGOWRIE,
PERTHSHIRE. PH10 6RG
VAT No 900 0822 80
