Terms & Conditions of Sale – Online & by Phone

The following terms and conditions of sale (“Terms and Conditions”) apply to each Order that You place with Us on Our Website or by phone only.  They do not apply to any goods that You purchase from a Sussex Beds store, which can be found at Terms and Conditions of Sale – In Store

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 purchase any Goods and/or Services online or by phone.

We reserve the right to amend these Terms and Conditions and any of the Documents from time to time.  Your Contract [Clause 5.2(c) below] will be subject to the version of the Terms and Conditions and Documents in force at the time You place Your Order, though We reserve the right to amend the Terms and Conditions and Documents any time prior to the dispatch of Your Goods or where We are required to by law or by any government authority.

  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(c) 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;

Sussex Beds, We, Us” or “Our” means Sussex Beds Centre (Distribution) Limited, with registered company number: 09218434, of King Offa Way, Bexhill, East Sussex, TN40 2UA;

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 and/or the person using this Website, as applicable; and

Website” means www.sussexbeds.co.uk or any other website of Sussex Beds through which We sell Goods.

 

  1. Website Access

2.1       Your use of this Website is strictly subject to the Website Use terms set out in section 17 of these Terms and Conditions.

2.2       We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to You and You confirm that We shall not be liable to You or any third party for any modification to or withdrawal of the website.

2.3       Our Website is intended for the use ONLY by private individuals and not for use by businesses and is directed to people residing in the United Kingdom. We do not represent that content available on or through Our Website is appropriate for use or available in other locations and We do not currently ship goods outside of the United Kingdom.  Please see clause 12.3 below regarding the places that We ship to.

  1. Data Protection and Cookies

3.1       At Sussex Beds, 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. By using the Website and/or 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.

3.2       We use cookies on Our Website.  Information about how We use cookies and how to disable the use of cookies, should You wish to, is set out in Our Cookie Policy.

  1. 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.

  1. 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       The steps required to create a binding Order are as follows:

(a)(i)    Through Our Website.  You place Your Order for the Goods You require on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Website.  In respect of large or bulky Goods which are Stock Items held at the Sussex Beds holding facility, You will be guided through the delivery booking process as You pass through checkout.

(a)(ii)   By phone.  You will be taken through the order process by one of Our sales consultants.  Our sales consultant will place the order for You and take an e-mail address and contact number from You, which will be used to correspond with You on the Order as follows.

(b)       Your Order (whether placed on the Website or by phone) constitutes an offer to buy the Goods and any Services from Us and until We provide You with an Order Confirmation We are not bound to accept Your Order.  Following receipt of Your Order We may send You an Order acknowledgement email detailing the Goods You have ordered.  This is not an Order Confirmation and does not constitute acceptance of Your Order by Us.  We reserve the right to reject or amend the Order at any time prior to Us issuing an Order Confirmation.

(c)        A contract (“Contract”) will be formed between Us when We send You an e-mail confirming Our acceptance of Your Order (“Order Confirmation”).  If You place more than one Order with Us then each Order will be subject to a separate Contract following Our acceptance of that Order in accordance with this clause 5.2 (c).

 

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 are clearly indicated on the product page or on the phone (where Orders are made by phone). 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       In the case of smaller items such as bedding, dispatch may take place prior to an Order Confirmation being provided. In which case the Contract between You and Us will be formed on the dispatch to You of the Goods concerned unless We have notified You that We do not accept Your Order or You have cancelled it in accordance with Your cancellation rights as set out in clause 6.

 

5.5       You should carefully check the details of Your Order before placing the Order. Any amendments need to be made within 48 hours of Your Order being placed or prior to Us issuing You with an Order Confirmation, whichever is the sooner. Failure to notify Us of any changes may result in further charges to You at a later date.

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 Order Confirmation then these Services have not been purchased and may not be provided.

  1. Cancellation by You and Returns

6.1       Subject to Clauses 6.2, 6.3 and 6.4, Your Order may be cancelled by You notifying Us in writing at any point from You placing the Order up to the expiry of 14 days starting the day after the Goods are delivered (or where Goods have been collected by You 14 days starting the day after the Goods are collected by You).

6.2       The right to cancel under clause 6.1 does not apply to:

(a)        Bespoke Goods, which may only be returned where faulty and as set out in clause 6.9(b) below; or

(b)       Goods You have bought either online or by phone which You have previously viewed at one of Our stores; or

(c)        any Goods which due to the nature of the Goods cannot be disassembled once they have been partially assembled or where the Goods may be disassembled but to do so would affect the quality of the Goods.

6.3       In the event You cancel Your Order in accordance with clause 6.1 above after the Goods have been delivered, unless otherwise directed by Us We will arrange for the collection of the Goods from You.  If We require that You return any Goods to Us (such as, for example linens, pillows or mattress protectors) then You must return those Goods to Us within 14 days of the date on which You provided written notification to cancel in accordance with clause 6.1 above.  The Goods must be appropriately packaged by You and We reserve the right to deduct from the sum We are required to refund to You for the return of the Goods a reasonable sum to cover the cost of damage to the Goods or any of them due to Your failure to appropriately package the returned items.

6.4       The right to return Goods in accordance with clause 6.1 of these Terms and Conditions shall only apply to linens, pillows, mattress protectors and duvets if they are returned unused, unopened and in their original packaging.

6.5       We will charge You a collection cost for the Goods that We collect from You in accordance with clause 6.2 above.  The collection cost will depend on the type of Goods to be collected and where the Goods are to be collected from and We will notify You of the collection cost following receipt of Your written cancellation in accordance with clause 6.1 above. 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 6.5.  For the purpose of this clause 6.5, “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.

6.6       If You are asked to return any Goods to Us then You will be responsible for the cost of returning the Goods to Us.

6.7       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.

6.8       In the event You do not comply with clauses 6.5 and/or 6.6 and/or 6.7 above We shall be entitled to require that You pay to Us all costs that We reasonably incur to cover any wasted journeys or the cost of any Goods that have been damaged or lost.

6.9       You may return Goods to Us in the following circumstances:

(a)        because You have cancelled the Contract in accordance with clause 6.1 of these Terms and Conditions and in which case provided the Goods are returned in accordance with clauses 6.3 and 6.5 (where applicable) We shall provide You with a full refund of the price paid for the Goods plus any delivery charges within 14 days of the Goods being returned to Us.  If You have chosen a delivery option, which is not Our standard delivery option, then You will only be refunded the standard delivery option charges and not the delivery charges applicable to the delivery option You chose;

(b)       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.

6.10     You will also have a right to cancel Your Order where We are late delivering Your Goods in accordance with clause 12.5.

  1. 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 on the Website;

 

  • 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.
  1. 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.

  1. Descriptions – Products and Services

9.1       Photographs, drawings, illustrations and product descriptions and any other advertising and promotional or informative materials contained on Our Website, in Our catalogues, brochures 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 the Website 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, whether provided on Our Website, on the phone, in store or by Our staff or agents are provided as an estimate of the time it will take to provide the applicable Service.

  1. 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 may be returned in accordance with Clause 6.1, however otherwise they 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. 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.

  1. 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.  In the event You exercise Your right to cancel Your Contract in accordance with clause 6 of these Terms and Conditions (Cancellation by You and returns) Your deposit will be refunded in full.

11.3     The price of the Goods and Services will be the amount set out in the Order. Prices are liable to change at any time and We reserve the right to change the price payable by You up until We have provided You with an Order Confirmation clause 5.2, though please note Our right concerning VAT as set out in clause 11.4 below.

11.4     All prices are in pounds sterling and include VAT at the relevant rate at the time of payment. Neither the Order or Order Confirmation is 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.

11.5     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).

11.6     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.

11.7     Payment may be made by credit or debit card BACS and cheque (made payable to Sussex Beds) or by using Apple Pay, Paypal 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.

  1. 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 on this Website for delivery of Goods in these counties. We can arrange delivery outside this area, though please contact Us for more details, including price, or ask Our sales advisor if making an Order by phone.

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 6.5 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 Us in writing.

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.

  1. 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.

  1. 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.

  1. Refunds

15.1     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 (or 14 days in accordance with clause 6.9.

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.

  1. 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. If at any time between 14th  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.  The mattress protectors available will be set out on Our Website or one of Our sales advisors will inform You where making and Order by phone.

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 14th 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)        Our standard collection and re-delivery charges will be applied to each ’30 Night Trial’;

(d)       ’30 Night Trials’ are limited to one exchange per product ordered.

  1. Website – Terms of Use

17.1     By using Our Website, You confirm that You accept the terms of use set out in this Section 17 and that You agree to comply with them. If You do not agree to these terms of use, You must not use Our Website.

17.2     You are responsible for making all arrangements necessary for You to have access to Our Website.  You are also responsible for ensuring that all persons who access Our Website through Your internet connection are aware of the terms of use set out in this clause 17 and other applicable terms and conditions (including clause 2 of these Terms and Conditions), and that they comply with them.

17.3     If You choose, or You are provided with, a user identification code, password or any other piece of information as part of Our security procedures and/or to access an account with Us, You must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion You have failed to comply with these Terms and Conditions relating to the use of Our Website.

17.4     If You know or suspect that anyone other than You knows Your user identification code or password, You must promptly notify Us at the address stated in clause 20 of these Terms and Conditions (Contact Us).

17.5     You may print off one copy, and may download extracts, of any page(s) from Our Website for Your personal use.  The Website and detail of Our Goods and Services and the content contained on the Website contain images, product information, data and intellectual property that is proprietary to Sussex Beds and accordingly You must not scrape any content from the Website, reproduce any content from the Website (other than as set out in this clause 17.5, provide any link to any third party site or otherwise use the content without Our prior written consent, such consent being strictly at Our discretion.

17.6     If You print off, copy or download any part of the Website in breach of these Terms and Conditions relating to the use of the Website, Your right to use the Website will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.

17.7     You must not use any part of the content on Our Site for commercial purposes without obtaining written consent from Us, such consent being strictly at Our discretion.

17.8     Where the Website contains links to other sites and resources provided by third parties, these links are provided for Your information only. Such links should not be interpreted as approval by Us of those linked websites or information You may obtain from them. We have no control over the contents of those sites or resources.

17.9     We do not guarantee that the Website will be secure or free from bugs or viruses.  You are responsible for configuring Your information technology, computer programmes and platform to access the Website. You should use Your own virus protection software.

17.10   You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Website will cease immediately.

  1. Events Outside Our Control

18.1     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 18.1 (a) to (f) above.

18.2     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.

  1. Limitation of Liability

19.1     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.

19.2     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.

19.3     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.

19.4     Subject to clause 19.2, Our total liability to You under or connected with the terms of the Contract will not exceed the price payable for the Goods.

  1. Contact Us

20.1     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 info@sussexbeds.co.uk

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