Terms & Conditions of Sale – In Store

The following terms and conditions of sale (“Terms and Conditions”) apply to each Order that You place with Us at a Store only.  They do not apply to any goods that You purchase online or by phone, which can be found at Website & Phone Terms and Conditions.

When placing an Order with Us You agree to be bound by these Terms and Conditions and  the polices and documents (collectively “Documents”) that are referred to in these Terms and Conditions, which apply to the Contract between You and Us.  You should read these Terms and Conditions carefully and make sure You understand them before You agree to the purchase any Goods and Services in Store.

1. Definitions

1.1       The following words shall have the following meanings in these Terms and Conditions and in the Order.

“Bespoke Goods” means Goods that are made to specific, non-standard dimensions as determined by You (known as Made to Measure) or are otherwise specially made or a part of the Good is specially made to specific requirements chosen by You, for example non-standard materials, colours, upholstery or features;

“Care Guide” means the current version of the document, Sussex Beds: A Guide to Caring for Your New Bed or Mattress;

“Contract” means as defined in clause 5.2 of these Terms and Conditions;

“Cookie Policy” means Our current Cookie Policy, which details how We use cookies and what to do if You wish to disable them;

"Delivery" means the delivery of the Goods to the delivery address specified in the Order;

“Documents” means as defined in the opening paragraph to these Terms and Conditions;

“Finance” means the financing of Your Goods purchase or any part of Your Goods purchase by a Finance Provider;

“Finance Provider” an independent provider of Finance agreed by Us;

"Goods" means all products listed in the Order;

"Order" means Your order for the Goods;

“Privacy Policy” means Our current Privacy Policy, which details how We process Your personal data;

“Services” means any service which is connected with the Goods that You purchase, such as  Assembly, Disposal, Turning and Delivery services;

“Stock Items” means Goods which we hold in stock;

“Store” means a Sussex Beds Store listed below under “Sussex Beds”, “We”, “Us” or “Our”;

“Sussex Beds”, “We”, “Us” or “Our” means, where you make your Order for Goods and/or Services at:

each of the companies with registered company address at King Offa Way, Bexhill, East Sussex, TN40 2UA; and

“You” or “Your” means the person named on the Order to whom We are supplying the Goods to in accordance with these Terms and Conditions.

 

2. Stores

The Store stated in “Sussex Beds”, “We”, “Us” or “Our”, which issues the receipt for Goods and or Services included in Your Order shall determine the Sussex Beds Company with which You will have a Contract.  Where You have seen Goods that You wish to purchase at a Store but made Your Order on a Sussex Beds Website Your contract for that Order will be with Sussex Beds Centre (Distribution) Limited and will be governed by the terms and conditions – Online & by Phone and not these Terms and Conditions.

3. Data Protection

Your privacy rights are important to Us.  Accordingly, We set out detail on how We collect, use and store information relation to You (including through Your use of the Website) in Our Privacy Policy, which can be found on our website  www.sussexbeds.co.uk or by asking for us to provide you with a copy by contacting Us at the address in clause 19. By purchasing Goods from Us, You consent to Us processing Your personal data in accordance with the terms set out in the Privacy Policy and You warrant that all data provided by You to Us is accurate.

4. Governing Law

4.1       These Terms and Conditions (including the Documents) are and any dispute that You may have connected with the Terms and Conditions or connected with the Goods or any Services supplied by Us or on Our behalf is governed by the laws of England and Wales.

4.2       The terms set out in these Terms and Conditions do not affect Your statutory rights.  Advice about Your legal rights is available from Your local Citizens Advice Bureaux or Trading Standards Office.

5. Orders

5.1       To place an Order with Us and You must:

(a)        be at least 18 years old and You warrant that You are;

(b)       stipulate a delivery address in the United Kingdom including postcode (please note that PO box numbers, hotels and accommodation addresses are not acceptable);

(c)        possess a valid credit or debit card issued by a bank acceptable to Us.

 

5.2       When You place an Order for Goods and/or Services at a Store the Order becomes a binding Order when we provide You with a receipt for the Goods and Services ordered. At which point a contract (“Contract”) will be formed between Us.  If You place more than one Order with Us then each Order will be subject to a separate Contract.

5.3       We do not hold a significant number of Stock Items, given the nature of the Goods that We sell and therefore delivery times may vary, but will be clearly indicated to you at the Store. Large and bulky items and Bespoke Goods will be specially ordered in and upon arrival to Our warehousing facility You will be contacted and a convenient delivery day will be arranged.

5.4       You should carefully check the details of Your Order before placing the Order. Any amendments need to be made before we issue You with a receipt for the Goods and/or Services.  Any changes to Your Order following Us issuing You with a receipt will be at Our discretion and failure to notify Us of any changes may result in further charges to You at a later date should We be able to accommodate any change requested.

5.6       It is Your responsibility to check:

(a) the dimensions of all Goods to ensure that they will fit into Your property; and

(b) that any Services You require are clearly noted in the Order. These will be shown separately. If they are not included in the paperwork issued with Your receipt then these Services have not been purchased and may not be provided.

6. Cancellation by You and Returns

6.1       You cannot cancel Your Order once We have issued You a receipt for Your Order, except in the circumstances set out in Clause 12.5.  Any amendment You wish to make to Your Order following the issuance of a receipt shall be at Our discretion and We reserve the right to charge reasonable administration costs, which may be up to 20% of the cost of the Goods and Services.

6.2       You may return linens, pillows, mattress protectors and duvets within 14 days of the Order if they are returned unused, unopened and in their original packaging.

6.3       You may return Goods to Us  if the Goods are faulty or for some other reason where You are entitled by law to return the Goods.  If You consider that the Goods are faulty then You must let Us know as soon as possible.  We will discuss with You the appropriate action to take in respect of the Goods, which may include You returning the Goods and obtaining a refund from Us or Us repairing the Goods in question.  The decision taken with regard to the Goods in question will always be in line with Our legal requirements and Your statutory rights will not be affected.  It may be necessary for Us to examine the Goods that are deemed faulty to determine the issue.  If You consider that You have a right to return the Goods, such as because they are not fit for purpose or are not provided as sold then please let Us know as soon as possible.  Again, We will endeavour to find a solution to the issue where We can, though the decision taken with regard to the Goods in question will always be in line with Our legal requirements and Your statutory rights will not be affected.  Should a return of the Goods and a refund be appropriate We will refund the price of the Goods at fault in full, along with any applicable delivery charges and We will not charge You for collecting the Goods from You.

6.4       Unless otherwise agreed by Us, the collection of any Goods to be returned shall be from the address to which the Goods were delivered.  You shall ensure that either You or a nominated adult (which You shall notify Us of if You are not available on the collection date) is at the address where collection is due to take place and that You ensure that access to the Goods is clear and free from obstruction. Should there be any requirement to remove doors or windows or carry out any other works or adjustments to enable the Goods to be taken from the collection address to Our transport that such works or adjustments are completed at Your own cost prior to the collection time window provided by Us to You.  We shall not be obliged to collect the Goods if You do not comply with the requirements set out in this Clause 6.4.  For the purpose of this clause 6.4, “collection time window” shall mean the window of time (a.m. or p.m.) that We inform You during which the collection shall be made.

6.5       You must take reasonable care of the Goods that You are returning to Us whilst they remain in Your possession before collection. You must return the Goods in their original packaging or, where the original packaging is not available, in suitable alternative packaging.

7. Cancellation by Sussex Beds

We reserve the right to cancel an Order and terminate the Contract if:

• any payment due from You is not paid by You or is not authorised;

 

• We are unable to deliver Your Order because You have given incorrect or insufficient information concerning the place of delivery;

 

• You do not collect the Goods in accordance with clause 12.12;

 

• the Goods contained in Your Order were incorrectly described or priced by Us in error at our Store;

 

• You have not complied with the terms of the Contract;

 

• In the circumstances set out in clause 12.6;

 

• For any other reason set out in these Terms and Conditions;

 

• there is another legitimate or lawful reason for Us to do so.

8. Goods and Services

8.1       The description of the Goods and any Services to be provided will be as specified within the Order.

8.2       You should be aware that in relation to the Goods:

(a)        all sizes given are approximate;

(b)       mattress, bed frames and bed sizes may vary slightly from their stated dimensions due to manufacturing tolerances;

(c)        comfort grading is for guidance only.

8.3       You are responsible for ensuring that the Goods purchased meet Your requirements. For example, size, height and comfort.

8.4       Subject to clause 8.2 above, We shall take all reasonable steps to ensure that the Goods are fit for the purpose for which they are intended to be used and of satisfactory quality, however We will not be responsible for any defect in the Goods which arises from fair wear and tear or which is due to Your negligence or the negligence of a third party or which is due to Your failure to use the Goods in accordance with the manufacturer’s guidance or Our guidance, including Our guidance as set out in the Care Guide.

8.5       The provision by Us of any Services is subject to it being safe and practical for Us to provide those Services.  We reserve the right to refuse to provide any Services should We or any third party providing the Services on Our behalf deem that on arrival at any property where the Services are to be performed it is not safe or practical for Us to provide them.

8.6       Sussex Beds offers a Guarantee which is in addition to, and does not affect, Your statutory rights in respect of Goods.

8.7       We shall take reasonable steps to ensure the Goods are appropriately packaged to ensure they are delivered to You in good condition.

8.8       In the event any Goods are replaced by Us in accordance with these Terms and Conditions, such replacement goods shall be deemed as Goods and be subject to these Terms and Conditions.

9. Descriptions – Products and Services

9.1       Photographs, drawings, illustrations and product descriptions and any other advertising and promotional or informative materials contained in Our catalogues, brochures on a Sussex Bed website or available in store are provided for information only and are produced to give You an approximate idea of the Goods described.

9.2       All Goods other than Bespoke Goods are made to industry standard sizes.  All Goods are manufactured within the standard industry measurement tolerances.

9.3       You should note that there may be dye and grain variations to wood and leather products and that the colour of Goods is liable to change due to sunlight exposure and the climate in which they are kept.  You should ensure that upholstered Goods are looked after in accordance with the instructions that We or the manufacturer of the Goods may provide, including as set out in the Care Guide.

9.4       Some images on Sussex Beds websites may have been digitally created to illustrate the colour options available from Our range.  These colours may be affected by Your monitor and by Your printer and therefore my not be 100% accurate to the finished product.  Likewise, Our catalogues and brochures should be used as a guide to the colour options available.  These colours may be affected by the materials used for Our catalogues and brochures and the ink used to print the images.

9.5       Due to the nature of manufacturing Goods of the type that We sell We may sometimes supply Goods with minor differences in specification due to circumstances beyond Our reasonable control.  Should this be the case We guarantee that such differences will result in the Goods being of an equal or improved standard.

9.6       Any times provided by Us for completion of any Services are provided as an estimate of the time it will take to provide the applicable Service.

10. Ex-Display Items

10.1     If You have purchased ex-display, clearance or shop soiled items, the price of these items reflects the fact that they may have sustained fair wear and tear and You enter into a Contract for such Goods with this knowledge.  Ex-Display Goods cannot be returned or refunded unless faulty. In addition, these goods cannot be ‘comfort exchanged’ nor are they covered by Our price promise.

10.2     Any defects on ex-display items (that are present at the point of sale) will be drawn to Your attention by our sales staff in Store. Accept in accordance with Clause 6.1, it will not be possible to reject the goods, or claim a refund or repair at Our expense, in respect of any of these defects.

11. Price and Payment

11.1     If You have chosen to pay via Finance, You will be required to enter into a separate finance agreement with one of Our Finance Providers. This finance agreement is a separate contract to Your Contract and therefore if You cancel the finance agreement, the Order shall remain in effect and You shall be bound by these terms and conditions including in respect of payment for the Goods. If You cancel the finance agreement You must find an alternative method of payment.  You may be charged a deposit by Us for Goods subject to Finance.  Please see clause 11.5 in this regard.

11.2     Unless payment is to be made via Finance, We may require You to pay the full value of the Order inclusive of VAT and any delivery costs at the time the Order is made, dependant on the delivery date.  Otherwise, You may be charged a deposit (see clause 11.5) with the balance due prior to delivery, at a date notified to You.

11.3     The price of the Goods and Services will be the amount set out in the Order.  All prices are in pounds sterling and include VAT at the relevant rate at the time of payment. Your receipt is not a VAT invoice, but one can be supplied on request.  Should the rate of VAT applicable to Your Goods be changed between the point You place Your Order and delivery You shall be liable to pay Us the difference.

11.4     Where delivery or collection is not scheduled at the point You submit an Order, You must pay a minimum deposit of 20% of the price of the Goods. The balance of the price must be paid in full before the scheduled date for Delivery. Failure to pay the balance will delay Your Order being Delivered and may result in Your Order being cancelled in accordance with clause 7 of these Terms and Conditions (Cancellation by Sussex Beds).

11.5     Subject to You entering into Finance and the Finance Provider paying Us the balance due, We will not dispatch Your Goods for Delivery until We have received cleared funds from You for the full amount due.

11.6     Payment may be made by credit or debit card BACS and cheque (made payable to Sussex Beds Centre) or by using Apple Pay or cash, or any other payment method acceptable to Us from time to time, unless You are choosing one of Our Finance options, in which case payment must be made in accordance with the relevant Finance documentation.

12. Delivery and Collection

12.1     We deliver most Goods to You, in which case clauses 12.2 to 12.11 will apply. Where We send certain Goods to You by post the Goods will be mailed to You at the address You provide Us with and clause 12.10 will apply.  Where Goods are to be collected from Us, clauses 12.9, 12.10 and 12.11 shall apply.

12.2     Delivery will be made to the delivery address specified on the Order. You must notify Us at least 72 hours prior to Delivery of any delivery amendments. Orders paid using Finance options will require the approval of the Finance Company before We can change the delivery address.

12.3     We can deliver to Sussex, Kent and Surrey and provide prices in Store for delivery of Goods in these counties. We can arrange delivery outside this area, though please ask in Store for more details, including price.

12.4     Delivery dates and lead times are given in good faith but are subject to change. Most delivery lead times start from the date of Order.

12.5     If, as a result of Our actions or the actions of Our suppliers, We are unable to deliver Goods for more than 2 weeks (14 days) beyond the lead-time or delivery date stated in the Order, You will be entitled to cancel the Order and receive a full refund of all amounts paid unless a new date for Delivery can be mutually agreed.

12.6     If, as a result of circumstances beyond Our control, We are unable or reasonably believe that We will be unable to complete delivery of the Goods, We will be entitled to cancel the Order and will provide You with a full refund of all amounts paid, including any sums paid for Services that have not been provided and delivery of the Goods.

12.7     Delivery will be deemed to have taken place when the Goods have been delivered to the address set out in the Order, or to such address as notified to Us by You and agreed by Us in accordance with these Terms and Conditions. Depending on the service paid for, delivery is either to Your front door (Our standard delivery option) or to the room of Your choice at the delivery address. It is Your responsibility to ensure there is a responsible person at the delivery address in accordance with clause 6.4 but We do not need to satisfy Ourselves that the person accepting delivery at the agreed address is authorised by You to accept the Goods.

12.8     If We are unable to complete Delivery due to the Goods not fitting in the required room at the delivery address, You may order a different product as a replacement for the Goods (such as where a headboard is of such a size that it cannot fit into the room). In these circumstances:

(a)        You must pay the difference between the price of the Goods and any replacement product which is of higher value;

(b)       You shall not be entitled to a refund of the difference between the price of the Goods and any replacement product which is of lower value; and

(c)        You must pay Our standard delivery charge and our reasonable administration costs.

This shall be the only right You have in respect of an ill fitting Good, where You have failed to accurately measure the space.

12.9     The Goods may require some assembly. If You have purchased an assembly Service, this will be carried out by Our delivery team. If You have not purchased this service, it is Your responsibility to assemble the Goods.

12.10   You should inspect the Goods carefully upon Delivery or receipt (where received by post or are collected by You). If assembled by Our delivery team at the delivery address, Goods will be deemed accepted once assembled unless You inform Us otherwise at the time. Where Goods are not removed from their packaging or You have otherwise not had a reasonable opportunity to inspect the Goods on Delivery, the Goods will be deemed accepted 30 (thirty) days after Delivery.

12.11   We will notify You in writing or verbally once the Goods are ready for delivery or collection. If You fail to collect or take delivery of the Goods on the agreed date, We will not store the Goods for any reason for longer than 28 days unless agreed by our Store manager.

12.12 If You fail to pay the full price of the Goods or fail to take Delivery or to collect the Goods within 28 days of the scheduled delivery date, We will be entitled to cancel the Order and retain any deposit You have paid.  Where You have ordered Bespoke Goods You must pay all amounts stated in the Order.

13. Risk and Ownership

13.1     Subject to clause 13.3 below, responsibility for the Goods passes to You once the Goods are delivered, collected or, where dispatched by post, when they are received.

13.2     Subject to clause 13.3 below, ownership of the Goods will pass to You when We receive payment in full for the Goods.

13.3     Where You have decided to pay through Finance, responsibility for and ownership of the Goods will only pass to You in accordance with the terms of Your Finance agreement.

14. Eco-Disposal

14.1     The collection and eco-disposal of Your old beds/mattresses is an additional and chargeable Service. We reserve the right to refuse collection if items are still assembled in the property and are not ready for collection.

14.2     Under no circumstance should items for disposal be left exposed to the weather and become wet or soiled. We reserve the right to refuse collection of any wet or soiled items. In addition, Our delivery team may refuse to collect such items if they are reasonably concerned about contamination of other customer Orders on that driver’s vehicle due to the condition of the item(s) due to be collected. In this instance a full refund of the charges for the disposal Service will be given but You will be responsible for the disposal of such items.

15. Refunds

15.1     Subject to clause 6, Refunds will be made to You as soon as possible and in any event within a period of 30 days from return of the Goods.

15.2     If You participated in a linked saving offer (for example, buy a bed for £899 and get £200 worth of free bedding) You must return both items to get a full refund. If You only returned the bed in the given example, You would be refunded only £699 to cover the price of the bedding.

15.3     If You participated in a ‘buy one get one half price’ offer. You must return all the items to get a full refund. If You only return part of such an Order then any saving will be deducted from the amount of Your refund.

15.4     If You participated in a ‘buy one get one free’’ offer. You must return all the items to get a full refund. If You only return part of such an Order then any saving will be deducted from the amount of Your refund.

15.5     We will usually refund any monies to be refunded to You using the same method as originally used by You to make the payment.  For example, if you used a credit card to make the payment, the refund will usually be applied to that credit card.

16. 30 Night Trial

16.1     Our ‘30 Night Trial’ applies to mattresses only and excludes bedsteads, Bespoke Goods, showroom clearance items, sofa beds, divan bases and adjustable bases & mattresses. If at any time between 14^th  and 30th night following delivery or collection You inform Us that Your choice of mattress is proving uncomfortable, We will without a quibble exchange it for an alternative mattress of the same size and for the same (or higher) value than the original.

16.2     To qualify for the ‘30 Night Trial’ You need to have purchased one of Our selected mattress protectors with Your new mattress and the protector must be purchased before delivery of Your new mattress.  Details of the mattress protectors available will be set out in Store.

16.3     Any difference in price between the original product and the replacement product must be paid at the time of re-selection. We cannot refund any difference in price if You select a lower priced product. A credit note however will be given to the value of the difference minus any charge deductions, which can be used against the purchase of other Sussex Beds products or services.

16.4     The '30 Night Trial' guarantee is subject to the following conditions:

(a)        We are unable to process a ‘30 Night Trial’ earlier than the 14^th night, as this is to allow Your body to adjust and to become accustomed to Your new bed and for the fillings to settle;

(b)       the original mattress must be kept in perfect condition and We insist on the use of the mattress protector. We reserve the right to refuse a replacement mattress ‘30 Night Trial’ if the mattress protector has not been used or the product is marked or soiled;

(c)  Upon delivery of newly selected mattress but before exchange of original mattress takes place, the delivery team will inspect the mattress to ensure it is in perfect condition before the new one is delivered into the home;

(d)        Our standard collection and re-delivery charges will be applied to each '30 Night Trial';

(e)       '30 Night Trials' are limited to one exchange per product ordered.

(f) Change of size of the mattress is not part of a 30 night trial exchange.

17. Events Outside Our Control

17.1     We will not be liable or responsible for any failure to perform Our obligations under the Contract which is caused by events outside Our reasonable control. These include (without limitation) the following:

(a)        delays caused by one of Our suppliers;

(b)       strikes, lock-outs or other industrial action;

(c)        fire, explosion, storm, flood, severe weather event or other natural disaster, such as an earthquake or volcano eruption;

(d)       unavailability of shipping, aircraft, motor transport or other means of public or private transport;

(e)        unavailability of public or private telecommunications networks;

(f)        epidemic or pandemic;

(g)       any national or regional government or other appropriate authority’s advice or requirement related to clause 17.1 (a) to (f) above.

17.2     Our obligations under these terms and conditions are suspended for the period that such events continue and We will have an extension of time to perform these obligations for the duration of that period without any liability to You.  However, you may cancel Your Contract in accordance with clause 12.6 where delivery of Your Order is delayed for the period of time set out in that clause.

18. Limitation of Liability

18.1     We are under a legal duty to supply products that are in conformity with the Contract. Nothing in these terms will affect Your legal rights. Advice about Your legal rights is available from Your local Citizens Advice Bureau or Trading Standards office.

18.2     We are responsible to You for foreseeable loss and damage caused by us. If We fail to comply with the terms of the Contract, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaching the Contract but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that the loss or damage may occur in the event of a breach or if, at the time the Contract was made, both We and You knew it might happen.

18.3     We are not liable for business losses. We only supply the products for domestic and private use. If You use the products for any commercial, business or resale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

18.4     Subject to clause 18.2, Our total liability to You under or connected with the terms of the Contract will not exceed the price payable for the Goods.

19. Contact Us

19.1     For any questions relating to these Terms and Conditions or in the event You have any dispute relating to Your Order, please send these in writing to: Sussex Beds Centre (Distribution) Limited, Old observer Building, Telford Road, St Leonards TN38 9LY or e-mail Us at [email protected].

19.2     We shall endeavour to respond to Your question or dispute within 7 working days.