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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
This site is owned and operated by Paul Antony Beds as a business of PWJB Ltd. Any written communication regarding the terms & conditions of the site, comments or complaints should be forwarded to the address below.
Paul Antony Beds
Unit 2 Spenser House
Company No - 06447541
Vat No - 928 1853 02
For the purpose of the terms and conditions on this page, or any other pages We/Our/Us refrers to PaulAntonyBeds a business of PWJB Ltd.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United Kingdom and other copyright laws, and is the property of Us. The collective work includes works that are licensed to Us. Copyright 2012, Paul Antony Beds ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Us or purchasing Our products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Us or to purchase Our products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Us. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Paul Antony Beds used in the site are trademarks or registered trademarks of Us.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. We do not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. We do not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of Liability
We shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if We have been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that Our products are mistakenly listed at an incorrect price, We reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, We shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Us without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
We may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Us.
This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with UK Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of theUK. All contracts are concluded in English.
These terms and conditions do not affect your legal rights.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Paul Antony Adjustable Beds or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
We do not and cannot review all communications and materials posted to, or created by users accessing the site, and we are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, We are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the site. However, We reserve the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Us in its sole discretion.
You agree to indemnify, defend, and hold harmless Paul Antony Beds, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, We may link to sites operated by third parties. However, even if the third party is affiliated with Us, We have no control over these linked sites, all of which have separate privacy and data collection practices, independent of Us. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, We seek to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
These terms and conditions do not affect your legal rights.
Delivery Of Goods
Please note that timescales for delivery will be displayed on the website, and that they are an approximate indication. The delivery timescales will vary on the availability of products, and additional time may be incurred for difficult to reach postcodes.
You are able to collect goods from our warehouse. And if you have requested to collect from Us, you can collect goods from Monday to Friday between 09.00 and 17.00.
Delivery of an order shall be deemed complete when, you have collected goods from Us, or we have delivered goods to the address that you gave Us.
Once payment has been received in full you will then own the goods.
If on the day that delivery has been arranged between Us (or our delivery partners) and you, and no one is available to take delivery, you will be left a note to advise that no one was present to receive the goods. The goods would then be returned to Us, and you should then contact us for a further delivery. Please note that we reserve the right to charge for the second or repeated delivery.
Delivery dates from Us unless otherwise displayed on this site will be Monday to Friday, and will exclude Saturday, Sunday and bank holidays. Should you require delivery outside of these days please contact us to discuss your requirements.
Goods will remain your responsibility when delivery is completed, or you have collected from Us.
For orders that include multiple items from time to time there will be events outside our control that would delay delivery of the order as a whole. In this instance we would deliver the order in instalments with prior notification. In this event you would not be liable for additional delivery costs. However should it be your request that we deliver your order in instalments we reserve the right to charge a delivery charge for any additional instalments.
Faulty Goods & Missing Parts
Goods that are found to be faulty or not as described, as a consumer you have legal rights. These rights can be obtained from your local Trading Standards office or Citizens Advice Bureau. Nothing in these terms & conditions will affect these legal rights.
When reporting a fault or missing part We may require you to provide part numbers of missing parts so please keep all instruction literature. We may also need evidence in the form of an image that can be either emailed or sent to us. Delays or failure to provide this information or evidence may delay or prevent Us from progressing the issue.
For faulty goods We may require that an inspection is carried out at your home. This would be carried out by Us or an appointed independent inspection specialist to determine the fault. Should the fault be found to be due to neglect, normal wear and tare, soiled or in an insanitary condition and not of faulty materials or workmanship, We reserve the right to charge for the inspection and any costs incurred by Us for the inspection.
We replacements are offered they will be identical product or one of equivalent quality or better from the manufacturers current range.
1. OUR CONTRACT WITH YOU.
1.1 These terms and conditions are the ones we supply Goods to you with.
1.2 These Terms and Order constitute the whole agreement between you and Us. Please make sure you have read the terms correctly, that the Orders details and the details of these Terms are completely accurate prior to you submitting an order. If you believe that there is a mistake, contact Us to discuss these inaccuracies, and ensure you ask Us to confirm any changes to avoid any possible confusion between You and Us.
1.3When you both sign and submit the Order to Us, this does not mean that the Order has been accepted by us. The Order will be accepted on the terms laid out in clause 1.
1.4 These Terms shall only become binding on you and Us when We communicate with you to inform that the Goods are able to be provided by Us, in which point a contract will come into existence between Us and you.
1.5. Should there be any terms of the Order conflicting with these Terms, then the Order will take priority.
1.6- in the case of anything preventing us from supplying you with the Goods, the order shall not be processed and you will be alerted to this.
1.7 An order number will be created and assigned to the Order. We shall inform you of this when We confirm the Order, and ask that in all further communications between you and Us, that you quote the Order number.
1.8. Our catalogue, website and brochure are solely for the promotion of Our Goods in the UK- their content does not form part of any contract between Us and you. Particularly, the colour of Goods may differ vastly in reality from their depiction on any website, catalogue or brochure. Similar to this, the materials used or visible patterns may vary, in particular those of mattress covers. The tension rating, or firmness, on our mattresses is a subjective indication and is used for general guidance only.
1.9 In Our catalogue or Our website or brochure, any and all dimensions and measurements indicated have a tolerance of minus or plus two centimetres.
1.10 On occasion, there may be the case that the technology and manufacturing processes advance in such a way that there may be slight variation to the specifications that will improve the product/s in your Order. There may be, on occasion, a slight variation to the specifications of the product/s in your Order in order to improve them should there be advances in technology and/or manufacturing processes.
1.11 The case often is that, with a new mattress, they will general require a “bedding” period spanning from eight (8) to twelve (12) weeks, allowing the fillings within it to settle and for the mattress to expand gently to its true size.
1.12 Any and all images on Our website are for illustration purposes only. Unless it is explicitly states elsewhere on the website, headboards will not normally be included with the purchase of a divan bed- if required for the bed, then a headboard will be selected as a separate item on your order.
1.13 Orders not from the UK will not be accepted, and neither will we deliver to locations outside the UK.
1.14 We offer a bed removal service, including mattresses and divan bases. If this service is selected, We will require that the old mattress to be packaged up for hygiene purposes, and We shall send out plastic packaging in advance of the delivery.
2. CHANGES TO ORDERS OR TERMS
2.1 We may revise these Terms in the future in the following circumstances:
changes in how We accept payment from you; or
changes in relevant regulatory requirements and laws.
2.2 If We do revise these Terms under clause 2.1, you have the choice to cancel the contract in accordance with clause 1.
2.3 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 8.
2.4 Should you have a specially made order, however, We will be unable to cancel it once We have accepted it, due to Us making these goods to your specific requirements. Ex-display Goods are regarded as being special made Orders by us.
2.4 You may make a change to the Order for Goods at any time prior to Us dispatching the Goods, by contacting Us, except in the case of a special made Order. Where this means a change in the total price of the Goods, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 11 under these circumstances.
3. SELLER’S GUARANTEE OF GOODS
3.1 For delivery and a period of at least 12 months from delivery, we guarantee that the Goods shall be free from substantial defects. Normally, the manufacturer of the goods will also guarantee the Goods for a period of up to 5 years, giving you the benefit of that guarantee for the specific period. However, these guarantees do not apply in the circumstances in clauses 3.2, 8.2 or 8.3.
3.2 Guarantees do not apply to any defect in the Goods arising from:
(a) fair wear and tear;
(b)wilful damage, negligence by you or any third party, abnormal storage or working conditions, accident;
(c) if you fail to take care of or use the Goods in accordance with the user instructions;
(d) any alteration or repair by you or a third party who is not one of Our authorised repairers; and
(e) any specification provided by you.
3.3 Please note Guarantees are only applicable to goods in Mainland UK Addresses.
4. LEGAL RIGHTS.
4.1 The guarantees under the Contract, or from the manufacturer, are in addition to your legal rights in relations to goods that are faulty or not as they were described. You may get advice about your legal rights from your local Trading Standards office or Citizens’ Advice Bureau.
5. PRICE AND PAYMENT.
5.1 The price of our Goods will be set out in Our price list in force at the time that We have confirmed your Order. These prices may change at any time, but changes in price will not affect Orders that We have already confirmed with you.
5.2 These prices do include VAT. If the rate of VAT changes between the date of the Order and the date of delivery or performance, however, We will adjust the rate of VAT that you pay unless you’ve already paid for the Goods in full before these changes in the rate of VAT take effect.
5.3 It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices are part of Our dispatch procedures so that, when and where the Goods’ correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on Our site, We will contact you to tell you and for your instructions. If the pricing error is one that could’ve been reasonably recognized by you as a mispricing or is obvious, We do not have to provide the Goods to you at the incorrect (lower) price.
5.4 The prices for the Goods exclude delivery costs, which will be added to the total amount due (except where free delivery is offered.)
5.5 Payment for Goods must be made in advance by either credit or debit card when We are providing Goods to you.
5.6 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether this is before or after judgement. The overdue amount must be paid alongside the accrued interest.
5.7 However, if you dispute an invoice in good faith and contact Us to inform Us promptly after you have received an invoice that you have disputed it, clause 5.6 will not apply for the period of the dispute.
5.8 When a free promotion is offered, i.e. free mattress protectors, you cannot request that the free promotional offer be given in monetary value.
5.9 Gifts/promotional items that are given away in conjunction with a purchase will generally be dispatched to you separately. Gifts/promotional items will be dispatched after 7 working days and can take up to 28 working days for delivery. Delivery of gifts/promotional items will not be honoured for any cancelled orders. Should you not receive your free gift within 28 days, please Contact Us at Our store address or by email.
6. OUR LIABILITY TO YOU.
6.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable or any consequential loss including loss of profit or income. Loss or damage is considered foreseeable if the same were an obvious consequence by you and Us at the same time we entered the contract, or if it was an obvious consequence of our breach.
6.2 We have no liability to you for any loss of profit or business, business interruption or loss of business opportunity.
6.3 We do not exclude or limit in any way Our liability for:
death or personal injury caused by Our negligence or the negligence of Our employees, subcontractors or agents;
fraudulent misinterpretation or fraud;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession)
breach of the terms implied by sections 13, 14 and 15 of the Sales of Goods act 1979 (description, satisfactory quality, fitness for purpose and samples);
defective products under the Consumer Protection Act 1987;
breach of the terms implied by section 13 of the Supply of Goods and Services Act 1982 (Reasonable skill and care.)
7. EVENTS OUTSIDE OUR CONTROL.
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
7.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including -without limitation- strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other form of natural disaster, or the failure of public or private telecommunications networks.
7.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
We will contact you as soon as reasonably possible to notify you of this event; and
Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Even Outside Our Control. Where the Event Outside Our Control affects Our delivery of Good to you, a new deliver date will be arranged with you once the Event Outside Our Control is finished.
7.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under clause 9. We will only cancel the contract if the Event Outside Our Control continues for longer than four weeks, in accordance with Our cancellations rights in clause 10.
7.6 It is your responsibility to ensure that it is possible to get the Goods into the room of choice in your home (or other specified premises). We cannot be held responsible for failure to get the Goods into the relevant room when it is physically impossible to do so. If We have to return to Our premises with the Goods, we reserve the right to charge for the carriage of the goods to and from your home (or other specified premises.)
8. YOUR CONSUMER RIGHT OF RETURN AND REFUND.
8.1 If you are a consumer and you have ordered the Goods by email, phone or our website, clauses 8.1 to 8.9 apply and you have a legal right to cancel a Contract under the Consumer Contracts Regulations 2014 during the period set out below in clause 8.3. This means that during the relevant period, if you change your mind or for any other reasons decide you do not want to keep the Goods, you can notify Us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the following cases:
any products made to your specification or clearly personalised.
In the case of mattresses, bedding and bed linen, if the packaging has been unsealed, these items cannot be returned due to reasons of health and hygiene unless faulty.
In the case of mattresses and divan beds, if assembly service forms part of your order and the hygiene seal is broken and the mattress bag removed, we will not be able to accept return unless the goods are faulty.
If you are a consumer and you have ordered the Goods during a visit to one of our stores, unfortunately we will not be able to accept cancellation of Your order.
8.3 Your legal right to cancel a Contract starts from the date of confirmation of the Order. If the Goods have already been delivered to you, you have a period of 7(seven) calendar days in which you may cancel, starting from the day after the day you receive the goods.
8.4 To cancel a Contract, please tell Us by emailing Us at firstname.lastname@example.org or write to Us at our shop address. You may wish to keep a copy of your cancellation notification for your own records. If you call Us to notify Us of your cancellation, then your cancellation is effective from the date you telephone us. If you send Us your cancellation note by email or by post then you cancellation is effective from the date you sent Us the email or posted the letter to Us.
8.5 Refunds will be done to the credit or debit card You used to pay.
8.6 From the date of the cancellation, you are required to arrange the return of your order within 14 calendar days. You will receive a refund of the price you paid for your Goods only. We will process the refund due to you as soon as your returned order has been received by Us. If you returned the Goods to Us because they were faulty or mis-described, please see clause 8.6.
8.7 Faulty Goods are only collectable from inside Mainland UK. Please note; we will not be liable for any cost incurred if you need to return products from outside mainland UK.
8.8 If the Goods were delivered to you:
Please inform us in writing if you wish to return the Goods. You must return the Goods to use as soon as reasonably practicable.
Unless the Goods are faulty or not as described (And in this case, please see clause 8.7) you will be responsible for the cost of returning the Goods to us. In this case, the costs incurred will depend on the size, weight, number of packages and your post code address.
You have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your position (and clause 8.13 will apply also.)
8.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in this clause 11.
8.11 Before the Goods are delivered, the following rights to cancel an Order for Goods are yours (other than Goods that are a special made Order); including where you choose to cancel because We are affected by an Event Outside Our Control:
You may cancel any Order for Goods at any time before we dispatch the Goods by contacting Us. We will confirm your cancellation in writing to you.
If you cancel an order under clause 8.11 (a) and you have made any payment in advance for Goods that have not been delivered to you, we will refund these amounts to you;
If you wish to refuse delivery of your order, please contact our office. Please be aware that the cost to You of return/collection will range from £60.00 for mattresses only to £150.00 for a divan bed depending on your postcode address and the size and weight of the item.
Unfortunately, if you cancel an order and We have already dispatched your Goods to you, We will not be able to cancel your Order until it is delivered. In this case, if you return the Goods to Us, you will have to pay the cost of returning the Goods back to Us.
8.12 In regards to all sales where you wish to return the Goods, you must keep the Goods in good condition, including by not using them, and where possible retain the packaging in which the Goods came in. Any flat-pack goods must be returned as such, without having been assembled (unless they are faulty of mis-described).
8.13 If we have provided installations services for Goods that are not a special made Order, We shall charge a de-installation charge if such Goods are to be returned to Us, in addition to any carriage charges, for any reason (unless the Goods are faulty or mis-described).
9. INFORMATION ABOUT US AND HOW TO CONTACT US
9.1 We are a company registered. Our registered VAT number is 928 1853 02. Our Company Number is 06447541.
9.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Us at 0151 480 2203 or by emailing us at email@example.com.
9.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, in order to cancel the Contract), you can send this to Us by email to the email indicated above, by hand or by pre-paid posting to Our shop.
10. HOW WE MAY USE YOUR PERSONAL INFORMATION
10.1 We will use the personal information you provide to Us to:
provide the Goods;
process your payment for such Goods; and
inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us by email.
10.2 We will not give your personal data to any third party.
11. OTHER IMPORTANT TERMS
11.1 We may transfer Our rights and obligations under these Terms to another organization, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these terms.
11.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, any and all other remaining paragraphs will remain in effect.
11.3 This contract is between You and Us. No other person shall have any rights to enforce any of its terms.
11.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights again you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with these obligations. If We do wave a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
11.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.