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Definitions
1.1 “Buyer” means the person who buys 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 “Delivery Address” means the address specified overleaf to which the Seller will deliver the Goods.
1.4 “Delivery Date” means the date specified overleaf when the Goods are to be delivered.
1.5 “Goods” means the articles which the Buyer agrees to buy from the Seller.
1.6 “Price” means the price for the Goods excluding VAT (if applicable) set out overleaf.
1.7 “Seller” means The Sleep Boutique
2. Conditions Applicable
2.1 These conditions shall apply to all contracts for the sale of Goods by the Seller or its authorised distributor or agent to the Buyer to the exclusion of all other terms and conditions.
2.2 The Buyers acknowledge that the Seller has informed them (or him or her) that any special conditions on which he intends to rely should be endorsed overleaf and that he has endorsed such items as set out thereover.
2.3 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.4 The Company is not responsible for any choices made by the Buyer, where a personal assessment has not been carried out by the Company and as such the Buyer accepts full and personal responsibility for their purchase and use of the equipment so purchased.
3. The Price and Payment
3.1 The minimum price shall be the price set out in the online shop. The price is exclusive of VAT which shall be due at the rate ruling on the date of the Sellers invoice.
3.2 A payment of 100% of the Price will be paid on the date of the order using Paypal.
3.3 The payment is paid subject to the specific provisions of Conditions 5.
4. Warranty and Liability
4.1 The Goods purchased are guaranteed for twelve months from the date of delivery against faults arising due to defects in manufacture of materials. Parts replaced under this guarantee will be covered for the balance of the twelve months period.
4.2 The Seller warrants that to the best of their / our knowledge and with good faith that all information given to the Buyer is accurate and based on the manufacturers’ descriptions and technical data and that all representations are accurate and given with that good faith.
5. Delivery
5.1 The Delivery Date is approximate and the Seller shall not be liable for any delay in the delivery of Goods beyond its reasonable control. Time for delivery shall not be the essence of the contract unless previously agreed by both parties in writing.
5.2 If the Seller is unable to deliver the Goods within 4 weeks of the Delivery Date then either party shall be entitled to rescind the contract, any amount paid shall be returned to the Buyer and this contract shall thereafter be of no further effect.
6. Variation Design/Specification and acceptance of the Goods
6.1 The Seller reserves the right to vary or alter the design /specification of the Goods ordered without notice and at any time prior to delivery provided that such variation or alteration does not materially affect their quality or performance.
6.2 If the Seller has to lower the specification the Seller will give prior notice thereof to the Buyer together with any price adjustment and the Buyer may determine and cancel this contract at any time within seven (7) days thereafter and his or her deposit shall be returned.
6.3 The Buyer shall inspect the Goods and give notice of any alleged defects apparent upon inspection within a reasonable time of taking delivery and in any event before use.
7. Passing of property
7.1 Title shall pass on delivery of the Goods.
7.2 Risks shall pass on delivery of the Goods.
8. Cancellation Rights
8.1 If you wish to cancel your order, you can notify us by email or by telephone before we despatch the goods to you; or where goods have already been despatched to you, by returning the goods to us unopened and unused and in accordance with 8.4 below within 7 days of receipt we will refund the cost (minus the postage cost) or exchange the item(s). For all returns, except where the item is faulty, you will be required to arrange and pay for the return of the products to us.
8.2 If you wish to return goods, you must contact us by e-mail to obtain a relevant returns code.
8.3 Upon receipt of the goods we will give you a full refund (minus postage cost) of the amount paid or an exchange credit as required within 28 days.
8.4 The rights to return the goods to us as referred to in clause 8.1 will not apply in the following circumstances: if the product is not in an unused condition, if the product has been unpacked; is not returned in the original undamaged packaging; to any products that we have made or customised specifically for you, and any products that cannot be resold due to hygiene reasons e.g. bathing, toileting and incontinence aids.
8.5 The provisions of this clause 8.6 do not affect your statutory rights.
9. Refunds
Refunds will not be made for used, opened or soiled goods.
10. Data Protection
The Sleep Boutique may contact you by post, telephone or other methods for marketing purposes. If you do not wish The Sleep Boutique to contact you, please write to us. Removing your consent to contact you prevents us from informing you of special offers, product updates or changes to you product that may affect you.
11. Privacy of your Information
Your privacy is extremely important. Any personal data we obtain from you as a result of visiting this website is processed and maintained in accordance with accepted principles of good information handling and also in accordance with the Data Protection Act 1998.
12. Disclaimer
The Seller disclaims all responsibility for misrepresentations made on behalf of the company by external agencies, companies, persons and others, including documents, where misrepresentation have been unauthorised or made by those not directly employed by the company.
13. Proper Law of Contract
This Contract is subject to the Law of England.
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