1  Definitions

In these conditions, unless the context requires otherwise:

1.1 'Buyer' means the person who buys or agrees to buy the goods from the Seller;

1.2 'Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;

1.3 'Order' means the Buyer"s offer to purchase Goods from the Seller, whether electronically through this website, or communicated by other means;

1.4 'Delivery Place' means the delivery address specified by the Buyer in the Order;

1.5 'Goods' means the article(s) which the Buyer agrees to buy from the Seller;

1.6 'Price' means the price for the Goods including carriage, packing, and VAT;

1.7 'Seller' means 1st4mattresses.co.uk 

1.8 'Regulations" means the The Consumer Protection (Distance Selling) Regulations 2000.

2  Conditions applicable

2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply.

2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.

2.3 Acceptance of the Order shall be communicated by return of email or on the telephone, as appropriate.  Written confirmation of the order shall be dispatched to the Buyer by email, fax or post.

2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

2.5 Dispatch or delivery of the Goods by the Seller to the Buyer shall be deemed conclusive evidence of the Buyers acceptance of these conditions.

2.6 All Orders are subject to stock availability.  If the Seller is unable to supply the Goods for any reason, the Seller will give written notice of cancellation of the contract and refund to the Buyer any monies already paid for the Goods.  The Seller is not liable for any loss or damage arising from such cancellation, including any interest or any consequential gains which would otherwise have accrued on such monies as are refunded.

3  Price and payment

3.1 The Price shall be the Seller's price quoted on this website at the time of the Order. The Price is inclusive of VAT which shall be due at the then prevailing rate.

3.2 The Seller shall not be bound to deliver the Goods until payment in cleared funds has been received in respect of such Goods.

3.3 The Seller accepts payment by credit or debit card, Paypal, postal order or banker's draft and personal cheque.

3.4 If, due to an error or omission, the price published for the goods on the website is incorrect, the Seller reserves the right to terminate the order, provided that the Goods have not already been dispatched.

4  The Goods

4.1 The quantity and description of the Goods shall be as set out in the Order confirmation.

4.2 The Seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.

4.3 The descriptive information contained in this website (including all drawings, photographs, specifications and advertising) are intended only to give an indication of the nature and appearance of the goods and do not form part of these Conditions.

5  Warranties and liability

5.1 The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller in the Order confirmation.

5.2 Save where otherwise stated, all new goods are sold with a minimum 12-month manufacturer"s guarantee.  It is the Buyer's responsibility to complete and return to the manufacturer, the purchase registration form enclosed with the Goods.

5.3 If the Goods are returned to the Seller, but are adjudged by the Seller and/or the manufacturer to be without fault, the Goods will be returned to the Buyer at the Buyer"s expense.

5.4 Any unauthorized repairs or repair attempts and any tampering with the Goods will void the warranty.

6  Delivery of the Goods

6.1 Delivery of the Goods shall be made to the Buyer's address (or the Delivery Place, if different).

6.2 The Buyer must make all practical arrangements to take delivery of the Goods whenever they are tendered for delivery; neither the Seller nor the carrier shall be responsible for delivery of the Goods beyond the doorstep, or to the ground floor entrance where the Buyer lives in a block of flats or similar accommodation.

6.3 Delivery must be signed for by the Buyer or their agent, in accordance with those details previously provided by the Buyer in the Order.

6.4 If the Buyer does not receive the Goods by the end of working hours on the notified delivery day, the Buyer should contact customer services on 0800 0 55 67 55, referring to the Order number contained in the Order confirmation.

6.5 The Seller endeavours to provide next day delivery to all areas, without charge, except the following where a 3 working day delivery is provided for a £20 charge which is payable before dispatch: AB10-AB56, FK19-FK21, IV1-IV56, KA27-KA28, PH9-PH44, PO30-P041 and KW1-KW14. 

6.6 The seller provides a Saturday delivery service for an additional £30 charge to the usual next working day delivery price. This is payable before dispatch.

6.7 Payment of the delivery charge may be made by debit/credit card over the telephone or by requesting an invoice when ordering and we will add the delivery charge before Paypal payment is made.

6.8 When ordering, please provide a contact telephone number for the delivery driver to use and a convenient week day delivery date when someone will be at the delivery address between 8am -1pm to accept/sign for the Goods.  The Seller will not dispatch the Goods without this information.

6.9 Goods ordered after 3pm on a Friday afternoon will not be dispatched until the following Monday afternoon at 3pm; therefore delivery will not be until the Tuesday. Goods ordered after 3pm Monday to Thursday will not be dispatched until the following day. 

6.10 Time shall not be of the essence for delivery times/dates.

7  Title and risk

7.1 Title shall pass on delivery of the Goods.

7.2 Risk shall pass on delivery of the Goods.

8  Acceptance of the Goods

8.1 The Buyer shall be deemed to have accepted the Goods upon receipt of Delivery to the Buyer.

8.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract, save where the Buyer’s statutory rights would otherwise be affected.

9  Returns and cancellation policy

9.1 The Buyer must notify the Seller or any loss or damage within 24 hours of receipt of the Goods and subject to further instruction from the Seller, such Goods must be held for inspection to enable a claim to be made on the carrier.  The Seller will not act on it’s returns and cancellation policy where loss or damage is not reported within this timeframe, such damage being deemed to have been caused after delivery

9.2 No Goods should be returned without the prior authorisation of the Seller.

9.3 Goods must be returned complete and in their original condition, including packaging, instructions and accessories.

9.4 Where the Goods are found to be faulty, the Seller will reimburse the total Order cost upon receipt of the Goods by the Seller; alternatively, the Buyer may elect to affirm the order and a like replacement will be dispatched by the Seller (subject to availability).

9.5 The Seller will meet all previously authorised delivery and return costs.

9.6 Goods, other than faulty Goods, may be returned within 7 days of receipt by the Buyer pursuant to the statutory cooling off period under the Regulations, so long as the Goods remain unused, sealed and in their original packaging.  Such returns are at the Buyers expense and the Buyer shall be responsible for damage to the Goods howsoever arising until point of receipt by the Seller.  Where the Buyer would prefer the Seller to collect the Goods, (which the Seller would recommend), this will be carried out at the Sellers standard charges as follows: 2ft 6in & 3ft 0in Single size - £40.00; 4ft 0in & 4ft 6in Double size - £50.00 and 5ft 0in & 6ft 0in King size - £60.00.  So long as these requirements are met, the Buyer shall be entitled to a refund of the balance due or exchange for alternative Goods, subject to availability.

9.7 The Buyer may request Goods, including faulty Goods,  to be delivered or collected using a premium rate delivery service ie Saturday AM delivery. However all additional charges must be settled in full by the Buyer prior to delivery/collection.   

10  Force Majeure

The Seller shall not be liable for delay or non-delivery by reason of but not limited to lock-outs, strikes, riots, malicious damage, fire, floods, vehicle breakdown, acts of God, delays by suppliers or any other cause whatsoever beyond the Seller’s control.

11  Proper law of contract

This contract is subject to the law of England and Wales.

12  Customer Service Contact Details