Here's an overview of the terms and conditions that apply when you place an order with us:
By placing an order, you affirm your acceptance of these terms and conditions, which establish each individual order as a separate and legally binding contract. It is crucial that you carefully read and comprehend these terms and conditions.
1.1 In these terms and conditions and your sales agreement (provided to you on the day of your purchase), the following words shall carry the corresponding meanings:
(a) "You" or "Your" means the person named in the Order to who we're supplying the Goods to in accordance with these terms and conditions.
(b) "We", "Us" or "Our" means Penketh Floor Coverings Limited, a company limited by shares and registered in England and Wales with number 1612247. Our registered office is 14 Church Street, Frodsham, Cheshire, where we trade as Land of Beds.
(c) Goods: means all products listed in the Order
(d) Order: Your order for the Goods
(e) Delivery means the delivery of the Goods to the delivery address specified in the Order.
(f) Circumstances beyond our control is defined in clause 10.2.
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless stated otherwise.
1.3 These Terms will apply to any contract between us for the sale of Goods to you (Contract).
2.0 OUR CONTRACT WITH YOU
2.1 These terms and conditions constitute a binding agreement between Land of Beds and its customers, superseding any other terms and conditions. Please note, it is crucial not to dispose of your current mattress/bed until you are satisfied with the purchased items and have thoroughly read these terms and conditions.
2.2 It is essential that you carefully read these Terms and verify that the information in the Order and these Terms is accurate and complete before submitting the Order. If you believe there is an error, please contact us to address it. Additionally, to prevent any misunderstandings, kindly request written confirmation from us for any changes made during the discussion.
2.3 These Terms and the Order collectively form the entire agreement between you and us.
2.4 Signing and submitting the Order to us does not imply that we have accepted your order for Goods. Our acceptance of the Order will occur as outlined in clause 2.5. If we are unable to provide you with the Goods, we will notify you of this and refrain from processing the Order.
2.5 These Terms will be legally binding on both you and us when we notify you that we are able to supply you with the Goods. This communication will establish a contract between you and us.
2.6 In the event of any conflict between these Terms and any term in the Order, the terms of the Order will prevail and take precedence.
2.7 Upon confirming the Order, we will assign it an order number and notify you accordingly. Please remember to reference this order number in all future correspondence with us concerning the Order.
2.8 Please note that our website, catalogue, and brochure are designed solely for the promotion of our Goods in the UK. The content within them does not constitute a part of the contract between you and us. The images featured on the website are purely for illustrative purposes. It is important to acknowledge that the actual colour of the Goods may differ from their representation on any website, catalogue, or brochure. Additionally, patterns of materials, particularly those found on mattress covers, may vary. We can provide swatches upon request to assist you in making an informed purchase decision. Please note, the tension rating (firmness) of mattresses is a subjective indication and should be considered as general guidance only.
2.9 A Please be aware that all dimensions and measurements stated on our website, catalogue, or brochure have a tolerance of plus or minus 2 centimetres. Manufacturers use the metric system for measurements. Kindly note that metric and imperial sizes are not exact equivalents.
2.10 Occasionally, due to advancements in technology and manufacturing processes, there might be slight variations in the specifications of the products within your Order. These changes are implemented by manufacturers to enhance the performance and quality of the product.
2.11 Please note that new mattresses typically require a "bedding in" period of 8 to 12 weeks. During this time, the mattress fillings need to settle, and the mattress itself will gradually expand to its intended size. Furthermore, it is important to be aware that new mattresses may emit an odour for a period of approximately 6 to 8 weeks. This can be attributed to the fire-retardant materials, which are a legal requirement, as well as the freshness of the materials used. Rest assured, with proper airing, this odour will gradually dissipate over time.
2.12 All images featured on our website are for illustrative purposes only. Unless explicitly stated on the website, divan beds typically do not include a headboard. If you require a headboard, it must be selected as a separate item when placing your order.
2.13 If choosing to place your mattress on an existing slatted bed base, it is important to ensure that the slats are close enough together and sturdy enough to support the mattress and to prevent sagging or dipping. In line with all other retailers and manufacturers, we recommend the distance between each slat is no greater than 7.5cm. If the slats on your current base are too far apart, it may be necessary to create a more stable base to prevent voiding your guarantee.
2.14 We provide a bed removal service, which specifically covers the removal of mattresses and divan bases. If you require the removal of a bed frame, please contact our office at 01928 242829 for further assistance and guidance. Kindly note that bed frames and divans must be dismantled prior to collection. We are unable to perform the dismantling and may have to leave the frame behind if it is not ready for removal. Additionally, please be aware that we cannot collect mattresses that are urine stained, soiled, or stained with blood.
3.0 CHANGES TO ORDER OR TERMS
3.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how We accept payment from you; or
(b) changes in relevant laws and regulatory requirements.
3.2 If We have to revise these Terms under clause 3.1, you can choose to cancel the contract in accordance with clause 11.
3.3 You have the option to request a change to the Order for Goods at any point before we dispatch them by contacting us, with the exception of customised Orders. If the requested change affects the total price of the Goods, we will inform you of the revised price in writing. In such cases, you may choose to cancel the Order as outlined in clause 11 of these terms and conditions.
3.4 In the event that you wish to cancel an Order prior to its fulfilment, please refer to your right to do so as outlined in clause 11. However, please note that for special orders that are customised according to your specific requirements, cancellation is not possible once the Order is accepted by us. It's important to understand that we consider ex-display Goods as special made Orders as well.
4.0 DELIVERY OF GOODS
4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. Deliveries to the following postcodes may take a little longer: BT, GY, HS, IM, JE, ZE, IV14 & Above, KA27-28, KW15 & Above, PA39 & Above, PH33 & Above, PO30 & Above, TR21-25. Our team will be able to advise further.
4.2 We will contact you with an estimated delivery date. Please note, We provide delivery dates in good faith; however, these dates are subject to circumstances beyond our control, such as acts of nature, strikes, lockouts, and delays caused by suppliers. See clause 10 for Our responsibilities when this happens.
4.3 If you have requested to collect the Goods from our premises, you can collect them at an agreed and prebooked time within our working hours of 9am to 5pm, Monday to Friday.
4.4 The delivery of an Order will be considered complete once we deliver the Goods to the address provided by you, or when you personally collect them from us. We kindly request that you carefully inspect the goods upon receipt to ensure their satisfactory condition.
4.4(a) We want to bring to your attention that for Fast Track/Next Day deliveries, the usual practise is to deliver the items to the entrance of your property. Please note that they may not be carried to the room of your choice.
4.5 In the event that no one is available to receive the delivery at the provided address, the Goods will be returned to our premises. Please note that you may be liable for a redelivery charge in such circumstances.
4.6 In situations where we are unable to deliver the entire Order at once due to operational reasons or stock shortages, we will arrange delivery in instalments. Please note that we will not charge you additional delivery costs for this. However, if you specifically request instalment delivery, there may be extra delivery charges applicable. Each instalment will be considered a separate contract governed by these Terms. Any delay or fault in one instalment does not entitle you to cancel any other instalments.
4.7 Once the delivery is completed or you collect the Goods from us, the responsibility for the Goods will be transferred to you. It is important to note that from that point on, you will be responsible for the care and safekeeping of the Goods.
4.8 Ownership of the Goods will be transferred to you once we have received full payment for them.
4.9 Please be aware that the delivery dates provided are applicable to working days only, which include Monday through Friday and exclude Saturdays, Sundays, and bank holidays. We kindly request that you consider this when estimating delivery lead times. While we primarily operate on weekdays, there may be instances where we can accommodate weekend deliveries. Please contact us to discuss this further. It is important to note that weekend delivery options may involve an additional surcharge.
5.0 IF THE GOODS ARE FAULTY
5.1 As a consumer, it is important to note that you possess legal rights pertaining to Goods that are faulty or not as described. If you require guidance regarding your legal rights, we recommend reaching out to your local Citizens' Advice Bureau or Trading Standards office. Please be aware that these legal rights remain unaffected by anything stated in these Terms.
5.2 If you suspect that your product has a fault, it is important to contact our customer care team promptly via firstname.lastname@example.org or 01928 242829. Our team will guide you through the necessary steps. You will receive our aftercare form via email, which you will need to complete and return along with images/video footage of the fault. This will enable us to conduct a thorough investigation on your behalf.
We strive to address aftercare reports within 3-5 working days. If the product is determined to have a manufacturing fault, we will proceed with the appropriate warranty or guarantee process, which may involve repair or replacement of the item. In cases where the fault cannot be identified through the aftercare form and images, we may arrange for an independent technician to visit your home and conduct a further inspection of the product.
5.3 We provide the option of an independent inspection, which is conducted by a regulated furniture inspection company. If you inform us that the Goods are faulty, we typically arrange for the assessor to visit your home and examine the Goods to determine the nature of the alleged fault. This independent inspection helps us ensure a thorough assessment of the issue.
5.4 If you discover that the Goods are faulty and you have not accepted them, you have the right to reject the Goods and request a full refund. Alternatively, you may choose to request a repair or replacement. Depending on the circumstances, we may also offer a partial refund or a reduction in the purchase price as a possible resolution.
5.5 If a replacement is offered as a resolution, please be assured that it will be of equivalent quality or better compared to the original product you purchased. The replacement will be sourced from the manufacturer's current range of products.
6.0 SELLER'S GUARANTEE OF GOODS
6.1 All items purchased from us are covered by a minimum 12-month guarantee and comply with relevant legislation without affecting your statutory rights. The manufacturer typically provides its own guarantee or warranty for a specified period. (Please note, different manufacturers offer varying lengths of guarantees and/or warranty. These are clearly listed in our product listings.) Please also note that these guarantees may not apply in the circumstances outlined in clauses 6.2, 11.2, or 11.3.
To initiate a warranty claim, kindly provide us with a photograph of the fault, which will be forwarded to the manufacturer for authorisation. After the initial 12-month period, charges may apply to warranty claims, and the specific amount will vary depending on the manufacturer. Any applicable charges will be communicated prior to processing the warranty claim. Please be aware that claims made after the first 12 months may be subject to transport charges.
6.2 The guarantees provided do not apply to any defect in the Goods that arises from the following:
(a) Fair wear and tear.
(b) Wilful damage, abnormal storage or working conditions, accidents, or negligence by you or any third party.
(c) Failure to properly care for or use the Goods in accordance with the provided user instructions or care guide.
(d) Any alteration or repair conducted by you or a third party who is not one of our authorised repairers.
(e) Any specifications provided by you.
(f) Roll-up Vacuum-packed mattresses: It is essential to unroll the mattress within 1 month of purchase to ensure it fully expands to its intended size and the foam or springs recover their intended comfort.
6.3 The guarantees provided under the contract or by the manufacturer do not affect your legal rights regarding faulty or misrepresented goods. You can seek advice regarding your legal rights from your local Citizens' Advice Bureau or Trading Standards office.
7.0 LEGAL RIGHTS
7.1 The guarantees provided under the contract or by the manufacturer are separate and additional to your legal rights concerning goods that are faulty or not as described. You can seek advice on your legal rights from your local Citizens' Advice Bureau or Trading Standards office.
8.0 PRICE AND PAYMENT
8.1 The price of the Goods will be determined by Our current price list at the time We confirm your Order. Please note that Our prices are subject to change, but any confirmed Orders will not be affected by subsequent price changes.
8.2 The prices quoted include VAT. In the event that the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the VAT rate accordingly, unless you have already made full payment for the Goods before the change in VAT rate comes into effect.
8.3 The prices listed for the Goods do not include delivery costs. The delivery costs will be added to the total amount due, unless free delivery is explicitly offered.
8.4 While we make every effort to ensure the accuracy of our prices, it is possible that some of the Goods we sell may be incorrectly priced. As part of our dispatch procedures, we will verify the prices. If we find that the correct price of the Goods is lower than the stated price, we will charge the lower amount when dispatching the Goods to you. However, if the correct price of the Goods is higher than the price stated on our site, we will contact you for further instructions. In cases where the pricing error is obvious or could have reasonably been recognised by you as a mispricing, we reserve the right to not provide the Goods at the incorrect (lower) price.
8.5 Payment for Goods must be made in advance by credit or debit card or through an agreed finance agreement when We are providing the Goods to you.
8.6 In the event that you fail to make payment by the due date, We reserve the right to charge you interest on the overdue amount. The interest will be calculated at a rate of 3% per year above the base lending rate of HSBC Bank PLC, accruing on a daily basis from the due date until the actual payment of the overdue amount, regardless of whether payment is made before or after a judgement. It is your responsibility to pay the accrued interest along with the overdue amount.
8.7 If you have a genuine dispute regarding an invoice and you promptly notify us after receiving the invoice, clause 8.6, which pertains to charging interest on overdue amounts, will not apply during the period of the dispute.
8.8. Please note that when a free promotional offer is provided, such as free pillows, it is not possible to request the equivalent monetary value of the promotional offer.
8.9. Please note that gifts or promotional items offered in conjunction with a purchase will usually be sent separately. These items will be dispatched within 7 working days and may take up to 28 days for delivery. It's important to understand that the delivery of gifts or promotional items will not be guaranteed for any cancelled orders. If you have not received your gift within 28 days, please contact our customer care team. To receive your free promotional gift, you must redeem it after receiving your products or order. Our customer care team can assist you with this process; please email email@example.com.
9.0 OUR LIABILITY TO YOU
9.1 If we fail to comply with these Terms, we are responsible for any foreseeable loss or damage you may suffer because of our breach of the Terms or our negligence. However, we are not responsible for any loss or damage that is not foreseeable or for any consequential loss, including loss of profit or income. Loss or damage is foreseeable if it is an obvious consequence of our breach or if both parties contemplated it at the time of entering this contract.
9.2 We are not liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3 We do not exclude or limit Our liability in any way for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents, or subcontractors.
(b) fraud or fraudulent misrepresentation.
(c) breach of the terms implied by Section 12 of the Sale of Goods Act 1979 (title and quiet possession).
(d) breach of the terms implied by sections 13, 14, and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose, and samples).
(e) defective products under the Consumer Protection Act of 1987.
(f) breach of the terms implied by Section 13 of the Supply of Goods and Services Act 1982 (reasonable skill and care).
10.0 CIRCUMSTANCES BEYOND OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform or delay in the performance of any of Our obligations under these Terms if such failure or delay is caused by Circumstances Beyond Our Control.
10.2 Circumstances Beyond Our Control refers to any act or event that is beyond Our reasonable control. This includes, but is not limited to, 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 natural disaster; or failure of public or private telecommunications networks.
10.3 In the event of Circumstances Beyond Our Control that impact the performance of Our obligations under these Terms:
(a) We will promptly notify you of the situation.
(b) Our obligations under these Terms will be temporarily suspended, and the timeframe for fulfilling Our obligations will be extended for the duration of the Circumstances Beyond Our Control. If the delivery of Goods to you is affected, we will work with you to arrange a new delivery date once the Circumstances Beyond Our Control have been resolved.
We strongly advise customers not to dispose of their existing bed before the delivery of the new bed has taken place.
10.4 You have the option to cancel the contract if Circumstances Beyond Our Control occur and you no longer wish to proceed with the purchase of Goods. Please refer to your cancellation rights outlined in clause 11. We will only cancel the contract if the Circumstances Beyond Our Control persist for a period exceeding four weeks, as specified in Our cancellation rights in clause 12.
10.5 We do not assume responsibility for any damage to your property caused by third parties, including couriers. In such cases, your recourse should be directed to the insurers of the third party involved.
10.6 It is your responsibility to ensure that the Goods can be delivered to the desired room in your home or specified premises. We cannot be held responsible if the Goods cannot be physically brought into the relevant room or if doing so would violate health and safety regulations. If we need to return the Goods to our premises, we reserve the right to charge for the transportation of the Goods from your home or specified premises back to our distribution depot.
11.0 YOUR CONSUMER RIGHT OF RETURN AND REFUND
11.1 If you are a consumer and you have placed an order for the Goods exclusively through email, phone, or our website, clauses 11.1 to 11.9 apply to you. This means that under the Consumer Contracts Regulations 2014, you have a legal right to cancel the Contract during the period specified in clause 11.3. During this relevant period, if you change your mind or, for any other reason, decide that you do not want to keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund. It is important to note that advice regarding your legal right to cancel the Contract under these regulations can be obtained from your local Citizens' Advice Bureau or Trading Standards office.
11.2 However, please note that the right to cancel the Contract does not apply in the following cases:
(a) Products that are made to your specification or clearly personalised, including custom fonts
(b) Mattresses, bedding, and bed linen that have been unsealed Due to health and hygiene reasons; these items cannot be returned unless they are defective. It is important to note that once a mattress has been slept on, we cannot accept returns or cancellations.
(c) In the case of mattresses and divan beds, if you have requested assembly service and the hygiene seal is broken or the mattress bag has been removed, we will not be able to accept a return unless the goods are faulty.
Please consider these exceptions when exercising your right to cancel the Contract.
11.3 Your legal right to cancel a Contract begins on the date of Order confirmation. If the Goods have already been delivered to you, you have a period of 14 calendar days, starting from the day after you receive the Goods, in which you may cancel the Contract.
11.4 To cancel a Contract, please notify us by email at firstname.lastname@example.org or in writing at the address mentioned in clause 1.1(e) or our shop address. It is advisable to keep a copy of your cancellation notification for your records. If you send your cancellation notice by email or post, the cancellation is considered effective from the date you sent the email or posted the letter. If you choose to call us to notify us of your cancellation, the cancellation is effective as of the date of the phone call.
11.5 To ensure a smooth return process, please arrange the return of your order within 14 calendar days from the date of cancellation at your own expense. Before sending the return, kindly notify our customer care team. Failure to do so may result in the return being refused. It's important to note that returns can only be received between 9 a.m. and 5 p.m., Monday through Friday, and must be pre-booked with the warehouse. Alternatively, we offer the option to arrange collection of the item on your behalf for a charge, which will be deducted from your refund. For more information on this service, please contact our customer care team. Once we receive your returned order, we will promptly process a full refund of the price you paid for the Goods only. The refund will be issued to you as soon as we receive the returned order. However, please be aware that if the Goods are returned to us in a damaged condition, we reserve the right to reject the return or offer only a partial refund. If you are returning the Goods to us because they are faulty or misdescribed, please refer to clause 11.6 for further information on the applicable procedures.
11.6 In the case of faulty goods, we can arrange to collect them from a UK mainland address. However, please note that we will not be responsible for any costs incurred if you need to return products from outside the mainland UK.
11.7 We will process your refund using the same credit card or debit card that you used for the original payment. As per the Consumer Rights Directive, we will issue the refund within 14 days. If you made the payment through PayPal, the refund will be credited to your PayPal account, usually within 3-5 days.
11.8 If the Goods were delivered to you:
(a) Please notify us in writing if you wish to return the goods. You should return the Goods to us as soon as reasonably possible.
(b) Unless the Goods are faulty or not as described (in which case, refer to clause 11.6), you will be responsible for the cost of returning the goods to us. The cost may vary depending on factors such as size, weight, number of packages, and your postal code. National couriers may charge a minimum of £100.00 for delivering a mattress only and a minimum of £400.00 for delivering a full divan bed. Please note that we do not provide a collection service in this case.
(c) You have a legal obligation to retain the Goods in your possession and take reasonable care of them while they are in your possession (clause 11.12 also applies).
11.9 Details of your legal right to cancel the Contract and instructions on how to exercise this right are outlined in clause 11.
11.10 If you are a consumer and you have ordered the Goods during or after visiting our premises, we regret to inform you that we cannot accept cancellations of your order.
11.11 Before the Goods are delivered, you have the right to cancel an Order for Goods (excluding special made Orders) under the following circumstances, including if We are affected by Circumstances Beyond Our Control:
(a) You have the option to cancel any Order for Goods (excluding special made Orders) at any time prior to the dispatch of the Goods by contacting us. Rest assured that we will promptly acknowledge your cancellation request in writing.
(b) In the event that you cancel an Order in accordance with clause 11.11(a) and have made any advance payment for Goods that have not yet been delivered to you, please be aware that we will promptly refund these amounts to you.
(c) If, unfortunately, you decide to cancel an order and we have already dispatched the Goods to you, it will not be possible to cancel the Order until the delivery is completed. In such a scenario, if you choose to return the Goods to us, please note that you will be responsible for covering the cost of returning them. Any applicable return charges will be deducted from the refund that is due to you. It is important to understand that if your order is currently out for delivery, it must be accepted upon arrival before initiating the return process, as cancellations cannot be made while the Goods are enroute.
(d) If you wish to refuse delivery of your order, we kindly request that you promptly contact our office by phone at 01928 242829 for further guidance. It is important to note that the cost of return or collection will vary depending on the specific item, its size and weight, and your postcode address. For mattresses only, return costs will range from £100.00 to £400.00, while for a divan bed, the cost may be £400.00. Additionally, if your delivery address falls within a premium postcode area, there may be additional costs involved for you. Please be aware that any return costs incurred will be deducted from the refund amount owed to you.
11.12 To ensure absolute clarity for all sales where you intend to return the Goods, it is essential that you maintain the Goods in good condition. This includes refraining from using them and, whenever feasible, keeping the original packaging intact. In the case of flat-pack goods, they should be returned in their original unassembled state, unless they are deemed faulty or misdescribed. Specifically, duvets, mattresses, and bedding items must be unused and remain in their original sealed packaging.
11.13 In the event that we have provided installation services for Goods that are not considered special orders, please be aware that if you wish to return such Goods to us, we will apply a de-installation charge. This charge will be in addition to any applicable carriage charges for any reason other than the Goods being faulty or misdescribed.
12.0 OUR CANCELLATION RIGHTS
12.1 The following points are important to note regarding the cancellation of an Order for Goods, including special made Orders, before the delivery of the Goods:
(a) There may be instances where we are required to cancel an Order before the Goods are delivered due to circumstances beyond our control or the unavailability of stock. If such a situation arises, we will promptly notify you.
(b) In the event of an Order cancellation under clause 12(a), if you have made any advance payment for Goods that have not yet been delivered, rest assured that we will refund those amounts to you.
(c) If we have already commenced work on your Order for made-to-measure Goods at the time of cancellation under clause 12(a), we will not impose any charges, and you will not be obligated to make any payment to us.
13.0 INFORMATION ABOUT US AND HOW TO CONTACT US
13.1 Our company details can be found specifically in clause 1.1(e) of our documentation. We are a registered company. Additionally, our registered VAT number is 319838719.
13.2 If you have any questions or concerns, or if you need to raise a complaint, we encourage you to reach out to us. You can contact us by calling 01928 242829 or by sending an email to email@example.com. We are here to assist you and address any inquiries or issues you may have.
13.3 If you prefer to contact us in writing or if any clause within these Terms necessitates providing us with written notice (such as contract cancellation), you have the option to send it to us via email, by hand delivery, or through prepaid postal service. The address to which you can direct your communication is specified in clause 1.1(e) or can be sent to our physical shop. Rest assured that we will acknowledge receipt of your communication by contacting you in writing.
If we need to contact you or provide you with written notice, we will do so using the email address, hand delivery address, or prepaid postal address that you have provided to us during the Order process.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 We will use personal information you provide to Us for the following purposes:
(a) To provide you with the Goods you have ordered.
(b) To process your payment for the Goods.
(c) To keep you informed about our products or services that are similar in nature, as well as any promotions we may offer from time to time. However, please note that you have the option to stop receiving such communications at any time by contacting us directly.
14.2 We are committed to protecting your privacy. Therefore, we will not disclose your personal data to any third party without your explicit consent. Your personal information will be handled with utmost confidentiality and used solely for the purposes mentioned earlier.
15.0 OTHER IMPORTANT TERMS
15.1 We can transfer our rights and obligations under these Terms to another organisation. If such a transfer occurs, we will always inform you in writing about it. However, it's important to note that this transfer will not have any impact on your rights or our obligations under these Terms.
15.2 This contract is specifically between you and us. This means that no other person, apart from the parties involved, has any rights to enforce any of the terms outlined in this agreement. Only the individuals or entities directly involved in this contract are legally entitled to enforce its terms.
15.3 Each paragraph of these Terms operates independently and separately from one another. If a court or relevant authority determines that any specific paragraph is unlawful or unenforceable, it will not affect the validity or enforceability of the remaining paragraphs. The unaffected paragraphs will continue to remain in full force and effect, ensuring that the overall terms of this agreement remain valid and binding.
15.4 If, at any point, we fail to insist on your performance of any obligations outlined in these Terms, if we do not enforce our rights against you, or if we delay in doing so, it does not mean that we have waived our rights against you. Furthermore, it does not release you from the responsibility of complying with those obligations.
If we choose to waive a default by you, we will only do so in writing. This does not imply that we will automatically waive any future defaults or breaches by you. Each instance will be assessed and addressed on its own merits, and our rights under the Terms will remain intact.
15.5 These Terms are governed by English law. Both you and we agree to submit to the non-exclusive jurisdiction of the English courts. This means that in the event of any legal disputes or claims arising from these Terms, the English courts will have the authority to hear and decide on the matter. However, this jurisdiction is non-exclusive, which means that we and you are not precluded from seeking resolution through other legal means if both parties agree to do so.
15.6 MATTRESS TRIAL TERMS & CONDITIONS
If you are unhappy with your 'Love it or Exchange it' mattress, you may exchange it for an alternative model from the same brand before the policy period ends. Please note as your body needs time to adjust to a new mattress, you must only contact us within ten days of the end of the trial period. Up until this point, we will not be able to process an exchange.
Notification to exchange the mattress must be made to Land of Beds via an email to firstname.lastname@example.org or by calling Customer Services on 01928 242829 within the specified time limit. Proof of purchase must also be supplied.
The 'Love it or Exchange' it Comfort Guarantee is subject to the following conditions:
a) To keep the original or returning mattress in great condition, a mattress protector MUST be used. We reserve the right to refuse an exchange if a mattress protector wasn't used or if the product is marked or soiled.
b) An exchange mattress must be selected from the same brand.
c) If a higher-priced alternative is selected, any price difference must be paid at the time of re-selection. If you choose a mattress with a lower price, any price difference will be refunded to you in the form of Land of Beds vouchers.
d) A fee of from £75 will be applicable for the collection and re-delivery of each exchanged item. This amount may vary for remote postcode areas.
e) Exchanges are limited to one per product ordered.
f) The exchange only applies to mattresses - not divan bases, headboards, or bedding products.
g) The policy does not apply to defective mattresses due to misuse, wilful damage, accidental damage (including unauthorised repairs or alterations), neglect or general wear and tear.
h) Only the original purchaser may invoke the exchange, which only applies to.
These conditions ensure that the exchange policy is applied appropriately and in line with the specified criteria.