Terms & Conditions for The Sleep Shop.co.uk

This page contains details of the Terms and Conditions of sale for The Sleep Shop.co.uk. Please read these conditions carefully if you wish to continue with the purchase of any product. These terms constitute a binding agreement between The Sleep Shop (us/we/our) and its customers (you/your). All orders are subject to the full terms and conditions as shown below. These conditions will not affect your statutory rights as a customer.

This Website is operated by
FGS Furnishings LTD,
Wharfside Mews,
Sleaford,
Lincolnshire.
NG34 7TR

• Definition
• “The Sleep Shop”, “We”, “Us” refers to FGS Furnishings LTD
• “Conditions” refers to the terms and conditions of sale as established in this document. This term shall also refer to any special conditions arranged between the Seller and the Consumer
• “Cancellation period” starts on the day that we issue an order confirmation and expires 7 working days after delivery of the goods.
• “Buyer” shall refer to the person who purchases or agrees to purchase the products from the seller.
• “Consumer” shall carry the meaning ascribed in section 12 Unfair Contract Terms Act 1977
• “Delivery Date” refers to the specified date arranged between the Seller and the Consumer.
• “Price” shall refer to the price of the product including packing and VAT. This will not include delivery charges, which shall be arranged at the checkout with consideration of the Buyers order.
• “Product” refers to the goods specified.
• “Supplier” shall refer to FGS Furnishings LTD
• “Contract” shall refer to the arrangement by the Buyer and FGS Furnishings for the purchase and the delivery of the product
   

• These terms and conditions shall apply to the contract to the exclusion of all other terms and conditions including any terms and conditions you may signify to imply under your purchase order, confirmation of order or similar document
• Any error or omission in sales literature shall be subject to correction without any liability on the part of the supplier.
• Any variation in these terms and conditions, including any special conditions between the Buyer and supplier, shall not be applicable unless agreed in writing by us.
• Each order placed by the Buyer shall be considered to be an offer by you to purchase the Goods from The Sleep Shop.co.uk subject to these terms and conditions.
• Each order placed by the Buyer shall be deemed to be accepted by The Sleep Shop until we issue confirmation of the order or delivery of the goods.
• If we do not accept your Order you shall be advised as soon as possible.
• Any confirmation of Orders is only applicable providing that you have completed the following conditions;
• The Buyer must ensure that the details provided in the Order are complete and accurate
• The Buyer must provide the supplier with all necessary information regarding the supply of the purchase within sufficient time for the supplier to perform the Contact in accordance with these terms and conditions.
• The Buyer must be over 18 years of age.
• The Buyer must posses a valid credit or debit card issued by a bank acceptable to us.
• The Buyer must be able to give a delivery address within the UK and within our stated delivery areas. This address must include an UK postcode.
• The Buyer must agree to comply with our terms and conditions.
• The Buyer is provided with access to this website in accordance to these terms and conditions. Any orders placed by you must be in strict accordance with these conditions.
• FGS Furnishings LTD reserves the right to alter or withdraw, temporarily or permanently, any part of this site including these terms and conditions, with or without notice to the Buyer. By accepting these conditions you confirm that we are not liable to you or any third part for the alteration or withdrawal of this website.
• If any part of these terms and conditions is adjudged to be invalid or unenforceable the validity of the other terms shall not be affected
• These terms and conditions shall not affect the Buyers statutory rights as a consumer.

• Orders and Confirmation
• Any specifications, descriptions or illustrations used within our website or brochures will not form part of the contract between the Buyer and us. Such information is used for guidance only and may not be any relation to the goods.
• Any item that appears within an illustration that is not specifically named as the product, such as lamps, headboards, Nightstands or bedding, will not form part of the contract between the Buyer and The Sleep Shop. Such excess items are for illustrative purposes only.
• Any typographical, clerical or other error made in the order confirmation, on our invoice or any other documentation meant for the Buyer, shall be subject to correction without any liability to The Sleep Shop.
• All orders without exception are subject to our order policy as set our below.
• Orders may be placed over the telephone on any of the telephone numbers displayed throughout the website. These orders will be subject to confirmation as detailed in clause 2
• Orders may be placed via fax. These orders will be subject to the same terms and conditions as telephone or Website orders.
• On the website by pressing the final confirmation button at the checkout the Buyer will be guided through the process of placing an order. These orders will be subject to confirmation as detailed in clause 2.
• Any order acknowledgements received via phone e-mail or fax are not order confirmations and therefore not subject to clause 2.
• Order acceptance will take place once order confirmation as occurred unless you have previously been notified that we can not accept your order
• Non-acceptance of orders may occur due to one of the following
• Non-authorisation of your payment
• The realisation of a pricing or product error.
• A failure to receive the order by 15.30hrs Monday to Friday excluding bank or public holidays.
• A delivery dress outside of our delivery area or inaccessible
• The products ordered are out of stock either temporarily or permanently
• Delays in delivery beyond our control
• Your failure to comply with the stipulations set out in section 2
• By placing an order and payment via the website or alternative means of communication you are consenting to the usage of personal information in concordance with our privacy policy. You are also allowing us to obtain personal information about you from third parties if necessary. These can include but are not limited to, credit reports, debit or credit card companies including debit or credit card numbers to authenticate your identity or your credit card.
• As a company we will take all reasonable care to ensure that these details remain private and confidential. Unfortunately should a third party obtain unauthorised access to any data you provide throughout our ordering system we cannot be held liable for any loss this may cause accept where the damage is due to negligence on our part.
• If there should be any problems with your order, customer services will contact you using the contact details you have supplied. It is your responsibility to ensure that these details are clear when placing your order.
• At any time before fulfilling the order we reserve the right to withdraw or edit any products or materials that appear on the website. This will be done at our sole discretion.
• Prior to accepting the order we reserve the right to reject any order at our sole discretion.

• Prices and Payments
• The price of the goods shall be that as is stated on the Sellers current published price list as at the date of the order. The Seller reserves the right to alter this price if the cost of materials, labour, overheads or an increase in taxes or duties occurs. In the event of a price increase occurring the Seller may increase the price stated in the contract upon written notice. The Buyer will then have the right to cancel the order and receive back any monetary deposits or payments. The Buyer must provide written notice of their desire to cancel the order within seven days after receiving the notice of price increase.
• The contract price for the supply of the goods shall be determined in the order confirmation.
• The price listed shall include UK Value Added Tax at the standard UK rate of 17.5%.
• Payment is required at the time of placing the order.
• If the Buyer does not pay the price on confirmation of the order FGS Furnishings reserves the right to take action against the Buyer for payment of the goods even though property of the goods still remains with the Seller.
• If the Buyer fails to make payment as requested FGS Furnishings reserves the right to refuse delivery of the goods and suspend any further orders until payment is made in full.
• Any overdue invoices shall be subject to interest without prejudice. This does not affect the right of FGS Furnishings to determine interest at their discretion.
• Interest on overdue accounts shall accrue from the date when the order is accepted to the date until full payment has been received. FGS Furnishings shall determine the rate of interest at their discretion but no more than 5% above HSBC Bank Plc’s base rate. The interest shall continue at this rate before and after any judgement.
• The payment price must be paid in full without any discounts; this includes counterclaims, discounts or abatements unless the purchaser is in receipt of a valid court order requiring a set deduction to be paid by FGS Furnishings to the customer.
• Time for payment shall be of the essence.
• No payment shall be presumed to have been received until FGS Furnishings is in receipt of the full amount in cleared funds. If the goods are paid for using a debit or credit card then the Seller shall clear the funds at the time of placing the order.
• If any debit or credit card should fail the validation and authorisation checks performed by the card issuer, without prejudice we are permitted to immediately terminate our contract with you, the Buyer.
• By placing the order using a debit or credit card the buyer is confirming that the card is his or her own and they are not deliberately using a stolen or fraudulent card. FGS Furnishings reserves the right to decline any cards or cancel any orders that they suspect may be utilising card fraud or theft.

• Delivery
• Where ever possible we will attempt to deliver the goods using our own delivery drivers and vehicles. However in order to offer the most efficient delivery service possible we reserve the right to use a courier of our choice.
• Delivery charges are subject to location of the customer. By placing an order the Buyer is accepting any delivery charges.
• The exact details of the delivery pricing system will be stated on the delivery information page. FGS Furnishings reserves the right to change or increase these charges without notice.
• Any delivery charges advised to the customer are guidelines only. Final delivery charges will be confirmed with the final order confirmation.
• FGS Furnishings reserves the right to alter the delivery charges for orders that have already been confirmed. The Buyer has the right to cancel the order should the delivery charge increase however any deposits shall be non-refundable.
• As a company we aim to deliver all products as quickly and conveniently as possible however any delivery dates given are approximate only. FGS Furnishings will try wherever possible to deliver all goods within 30 days of receiving them from the manufacturer.
• FGS Furnishings will not be liable for any loss or damage caused either directly or indirectly by failure or delayed delivery. This includes cases caused by our negligence.
• Any cases where FGS Furnishings are deemed liable will be limited to replacing the goods within a reasonable time period or offering a credit note.
• Reasons for delayed or cancelled can include but are not limited to:
• Holiday periods such as Christmas or Easter
• The delivery address being in an area of inaccessibility due to restricted roads or other geographical difficulties. It is the responsibility of the customer to highlight any potential problems with FGS Furnishings.
• Unpredictable difficulties including but not limited to: Labour disputes, Riots, malicious damage, natural disasters, vehicle difficulties, government action including both local and national authorities, acts of God, Factory annual holidays or any other cause beyond the control of FGS Furnishings.
• The products being out of stock either temporarily or permanently.
• If we cannot deliver on the arranged day we will inform you as soon as possible. In some circumstances it may not be possible to inform the customer until the delivery time has passed. FGS Furnishings is not liable for any loss suffered in these circumstances.
• All products may be delivered in advance to the delivery date specified providing the customer is notified 24 hours before delivery.
• In the even of delivery being unsuccessful you will be offered an alternative delivery date.
• Neither FGS Furnishings nor the couriers they use will be able to deliver on Sundays or Bank Holidays. Saturday deliveries are not currently available.
• The delivery process involves the final stages of the order process. Therefore the full procedure is as follows.
• Confirmation of Orders. Once we have received your products we will contact you to arrange delivery. The confirmation will include,
• Your Name, Address and Contact Details.
• A delivery address if different will also be included.
• The products will be listed and itemised including any additional or distinguishing features such as size and colour.
• The financial details.
• A Delivery Date
• It is the customer’s responsibility to ensure this information is all present and correct. If the delivery day is unsuitable then the customer must notify FGS Furnishings within 24 hours.
• Throughout the whole order and delivery process the Buyer will receive an individual reference number. It is the Buyers responsibility to remember and use this number in all contact with FGS Furnishings. Any failure to use this number may result in unnecessary delays.
• All items regardless of whether delivered by courier or by FGS Furnishings will be delivered to a specified room within a property address. However this service is only offered if all potential problems or difficulties such as high rise flats or basement properties have been highlighted to FGS Furnishings when placing an order.
• FGS Furnishings offer free disposal of old beds, however this service is only available when we use our own vehicles to deliver products.
• Providing that we have delivered the specified goods to the address given on the order confirmation then all products will be deemed to be delivered. FGS Furnishings is not responsible for ensuring that the individual is the Buyer or authorised by the Buyer to accept the goods. In these circumstances FGS Furnishings is not responsible for non-delivery of the Goods.
• Should any products become permanently unavailable or discontinued resulting in failure to deliver then the contract will be cancelled and a refund of any sums paid will be offered.
• The quantity and content of the products recorded by FGS Furnishings upon dispatch of the goods shall be conclusive evidence of the quantity or content received by the customer unless conclusive evidence can be provided to the contrary.
• FGS Furnishings reserves the right to suspend or cancel all future deliveries of products and any contracts without any prior notice. Any rights to possession of the goods shall terminate immediately in the following situations but are not limited to:
• If the Buyer should have a bankruptcy order made against them or composition with their creditors.
• If the Buyer should assemble a meeting of creditors or enter into liquidation either voluntary or compulsory.
• If the Buyer should have proceedings against them in relation to their insolvency either current or potential.
• If the Buyer should suffer any execution to be levied on their property or obtained against them.
• Failure to comply with the obligations of the contract between FGS Furnishings and you, the Buyer.

• Failure to Deliver
• In the event of FGS Furnishings or any of its suppliers being responsible for failure to deliver then delivery will be rescheduled as soon as conveniently possible.
• In order for rescheduling to occur FGS Furnishings retains the right to offer a matching product of the same description and value. The Buyer is under no obligations to accept this offer however FGS Furnishings are not subsequently responsible for any unreasonable time delays.
• Where the liability for failure to deliver lies with FGS Furnishings no fees will be charged for re-arranging delivery.
• If the failure to deliver is caused by the customer then the customer will be liable for the costs of rearranging delivery as well as any costs occurred whilst attempting the original delivery this will include the costs of the return trip. Reasons for customer liability include but are not limited to:
• Failure to give adequate or correct information
• Failure to pre-warn of any difficulties including road restrictions.
• Failure to provide adequate delivery instructions
• Failure to report any mistakes on the order confirmation or order acknowledgement
• Failure to inform FGS Furnishings within adequate time that the delivery date was inconvenient.
• Should the Buyer fail to take delivery of the product whenever the delivery has been arranged then FGS Furnishings reserve the right to seek transportation costs for the return trip.
• Generally whenever a delivery involves multiple products then FGS Furnishings will attempt to deliver all of the goods at the same time. Should this not be possible due to the Buyer then the Buyer is liable for delivery costs occurred by each separate trip.

• Cancellation of Orders and Returns
• An order may be cancelled at any time between placing the order and 14 Days after delivery of the goods. All cancellations must be made in writing.
• If the Buyer does not cancel the order within 14 days of receiving the goods then the products will be deemed to be accepted. The Buyer will then be unable to return the goods.
• This right to cancel applies only to products purchased over the Internet.
• Should the order be cancelled in concordance with the cancellation agreement then the Buyer must retain the products until cancellation of the order is received in writing. During this period the products must receive all due care and attention else they will be non-returnable. The goods cannot be used during this time.
• If the order is cancelled before delivery of the products and administration charge of £15.00 will be deducted from any reimbursements or charged in no payment has yet been received.
• If the order is cancelled after delivery then the buyer must retain possession of the goods until they can be collected. During this time they must remain in perfect condition and cannot be used.
• It is responsibility of the Buyer to ensure that the goods are made available and accessible for collection and are kept in the original packaging in the same condition as they were delivered. If Goods should be unable to be collected due to inadequate packaging then a minimum of £30.00 will be charged to cover any costs occurred due to failure to collect.
• FGS Furnishings will arrange a collection time that is convenient for both the Buyer and themselves. This time will be confirmed by the customer. The goods can be collected from any address specified on the collection notice, even if this differs from the delivery address. However the cancellation address must still confirm to FGS Furnishings delivery policy and the customer will be liable for any extra costs.
• Any payments made will be reimbursed through cheque or credit card. A collection fee to cover the cost of the journey will be deducted from this reimbursement.
• Once the contract has been terminated all goods must be returned to FGS Furnishings in concordance with the previous conditions.
• Within 60 Days of receiving the cancellation notice or of the Buyer sending the cancellation notice the Buyer will be issued with a request to return the goods to FGS Furnishings. This request may be given at the time when the goods are collected.
• If the Buyer unreasonably refuses to return the goods then they must remain the property of the Buyer and remain in good care until such time as the Buyer returns the goods.
• FGS Furnishings prefers to collect the goods upon cancellation of the contract, however it is possible if the Buyer wishes to return the goods themselves. In this situation the Buyer must:
• Deliver the goods to FGS Furnishings
• Ensure that no goods are damaged in transit
• Pay any costs of delivery or collection
• If the goods should be damaged and the damage is not a result of our negligence then the Buyer must pay for the damage. This cost will not be any higher than the cost of the goods themselves. The Buyer will be issued with an invoice that must be paid within 21 days of receipt. Where possible any damage must be paid out of reimbursements owed to the customer by FGS Furnishings.
• Under no circumstances can any products be returned if they have already been used.
• Any refunds will be made within 30 days of the goods being returned to FGS Furnishings provided they are deemed to be in the same condition as when they were delivered.
• Special sizes or custom made products are not included in the cancellation conditions. Once an order has been received and payment processed then no refund is possible.
• Mattresses cannot be returned if they have been opened. If mattresses are to be tested or tried then the plastic wrapping must remain on.

• Risk and Title
• Risk of damage or loss of the products shall pass to the Buyer upon delivery. If any individual should take wrongful delivery of the goods then the risk remains with them until such a time as the mistake can be corrected.
• The title of the goods shall not pass to the customer until full payment has been received and cleared. This does not affect the risk to the goods, which shall not contravene this condition and will still remain with the customer.
• Until the property rights passes to the Buyer, the goods will be held by the Buyer on a fiduciary basis as the bailee of FGS Furnishings, but shall be kept separate from all those goods currently belonging to the Buyer and other third parties and will remain in the original packaging, untouched and insured and identified and belonging to FGS Furnishings.
• Until the title of the goods passes to the Buyer FGS Furnishings retains the right at any time to demand the return of the goods and if necessary enter the premises of the Buyer or any other third party to retrieve the goods.
• The Buyer shall not be entitled to pledge for any indebtedness of any of the goods which remain the property of FGS Furnishings. If the Buyer does so then any outstanding balances shall become immediately due and payable.
• The Goods cannot be used or resold until full payment has been made.

• Warranties
• FGS Furnishings will attempt wherever possible to transfer to the Buyer the full benefits of any manufacturers guarantee or warranty that is allowed to them.
• Without contradicting any of the conditions below FGS Furnishings warrant that any Goods will correspond with their specification at the time of delivery and will be void of any defects in quality, workmanship and flaws in condition for a period of 12 months starting from the day of delivery.
• This warranty is only valid if FGS Furnishings received written notice of any flaws or defects within 7 days of discovering the defect. If the problem should be obvious and immediate the 7-day period will begin from the time when it is within reason that the flaw should have been first discovered.
• This warranty is only valid if FGS Furnishings is allowed reasonable opportunity to examine the defect goods and that the Buyer, if asked to do so, returns the goods to FGS Furnishings for the examination to occur there if desired.
• This warranty is not valid if the goods are still made use of after the defect has been reported.
• This warranty is not valid if any defects occur due to, but not limited to, any of the following situations:
• Fair wear and tear.
• Wilful or determined damage,
• Negligence,
• Misuse, either deliberate or otherwise.
• Abnormal working conditions
• Unreasonable situations
• Failure on the Buyers behalf to follow and written or oral instructions as to the use of storage of the Goods.
• This warranty is not valid if the goods are altered or repaired without prior written consent from FGS Furnishings or the manufacturer concerned.
• This warranty is not valid if the Buyer has not paid the full contract price for the goods.
• Should any of the goods conform with this warranty then within 30 days of inspecting the product we shall:
• Repair or replace the goods free of charge
• Refund the price of the goods either in full or in a proportionate part depending on the age and condition of the product.
• These options will only be available providing that the Buyer makes the products available for collection or if requested returns the defective parts or goods to FGS Furnishings.
• Providing FGS Furnishings complies with the conditions of the warranty then we shall have no further liability in respect to the goods.
• This warranty although offered by FGS Furnishings is a manufacturer warranty and FGS Furnishings offers no warranty in their own right.
• This warranty does not extend to products that are soiled or un-hygiene due to hygiene reasons. Please use a mattress cover from the first day of use.

• Privacy and Security
• All visitors to the website have access to public information whilst remaining anonymous and not revealing any personal information.
• FGS Furnishings may record details of the domains from which users visit this site and may analyse this data.
• Any purchases online require using personal information. FGS Furnishings will only request the information that is necessary for fulfilling the order. Any other information will be requested separately and will not be compulsory.
• All information retained by FGS Furnishings will be kept in concordance with the Data Protection Act 1998.
• FGS Furnishings will make every effort to ensure that all information is kept secure and private.