Extreme Car Beds
15 Drumnacanvy Lodge
The following terms and conditions apply to the purchase of any goods / products from Extreme Car Beds and their associate web sites. By either calling or accessing our website and placing an order you agree to be bound by all of the terms, conditions and policies set out below or within the website. Nothing in these conditions affects your statutory rights as a consumer.
Please read these terms and conditions carefully before placing your order with Extreme Car Beds. At its discretion, Extreme Car Beds, may change, modify, add or remove these terms and conditions at any time and therefore it is important to read these terms and conditions each time you place an order.
'Buyer' means the person who buys or agrees to buy the Products.
'Seller' means Extreme Car Beds.
'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.
'Products' means those goods specified.
'Price' means the price for the Products including delivery, packing and VAT.
'Regulations' means The Consumer Protection Regulations 2000 and subsequent amendments (Distance Selling Rights).
'Address' means the physical address for extremecarbeds.com
'Consumer' shall bear the meaning given in Section 12 Unfair Contract Terms Act 1977.
'Contract' refers to any contract between the Buyer and Extreme Car Beds (the seller) for the sale and purchase of Products incorporating these conditions, whether completed electronically through this website or via other means.
'Delivery Date' means the date specified by the Seller when the Products are expected to be delivered.
'Delivery Place' refers to the delivery address as specified by you, the Buyer, on any Order.
'Tailored' means a Product that is non-standard.
'Order' refers to your offer, as the Buyer, to purchase Products from with Extreme Car Beds, whether electronically or via other means.
2. Conditions Applicable
Unless otherwise agreed in writing, these Conditions shall apply to the exclusion of any other terms and conditions.
Each order that the Buyer places shall be deemed to be an offer by the Buyer to purchase Products from Extreme Car Beds, the Seller, subject to these conditions.
Each order that the Buyer places shall be deemed to be accepted by the Seller and will become binding once the Seller issues a confirmation to the Buyer or, if earlier, the Seller delivers the Products to the Buyer in accordance with the delivery terms and conditions.
If for any reason the Seller does not accept the Buyer's Order, the Seller will advise the Buyer as soon as practicable. This will mean that there will be no binding Contract between the two parties.
The Buyer must ensure that the details that he provides the Seller are complete and accurate and that he provides all the necessary information relating to the Supply of the Products within sufficient time to enable the Seller to perform the Contract in accordance with these conditions.
Any typographical or clerical error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
If any provision of these conditions is adjudged invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
If the Seller is not able to supply the Product and payment has already been made by the Buyer, then following agreement between the Seller and the Buyer, the Buyer's account will be refunded or re-credited with the sum paid by the Buyer. The refund will be carried out as soon as possible, in any event, within 30 days of the order. The Seller will not be obliged to offer any compensation for any disappointment suffered.
3. Basis of Sale
Subject to the Buyer's right to cancel the Contract, included within clause 13, the Seller shall sell and the Buyer shall buy the Products in accordance with the Confirmation. No Contract exists between the Buyer and Seller for the sale of any Products until the Seller has received, processed and confirmed the order and the Seller has received payment in full, (in cleared funds). Once the Seller does so, there is a legal binding Contract between the Buyer and Seller.
Any item that is not the specified Product in the product description on the web page that appears in any photograph or illustration on the website or in product brochures will not form part of this Contract. An example of such items are lamps, bed linen, and soft furnishings, (unless mentioned in the product description). Such information is for illustration purposes only and may not comprise part of the Products.
Any specifications or advertising issued by the Seller and any descriptions or illustrations contained within our website or brochures will not form part of this Contract. Such information is by way of guidance or illustration only, and may not bear any relationship with Products.
The Buyer shall not be entitled to assign the Contract or any part of it without prior written consent.
The Seller may assign the Contract or any part of it to any person, firm or company.
Extreme Car Beds does not guarantee the continued availability of any range (or any part thereof) of available products. A full refund will be given on any part of an order that cannot be fulfilled in accordance with the refund policy.
4. Price and Payment
The Contract price for the supply of Products shall be agreed in the Confirmation. In the event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the Contract upon written notice. If notice of price increase is given by the Seller, the Buyer shall have the right to cancel the order and receive back any sums they have paid.
Notice of cancellation must be received in writing by the Seller within seven days of delivery of the notice of price increase to the Buyer.
If the Seller makes an error in the Confirmation or any invoice or any receipt the Seller will correct that error within 60 days of being notified of any error.
Payment of the Price shall be due on the date of the purchase order. Payment shall be due before the delivery date and time for payment shall be of the essence.
No payment shall be deemed to have been received until the Seller has received cleared funds. There will be no delivery until cleared funds have been received.
Payment for the Products and any delivery charges can be made by any method shown on the Seller's website at the time the Buyer places an order.
Payments shall be made by the Buyer without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Seller to the Buyer.
5. Description of Products
The Seller may make changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller's specification.
Photographs provided on the website are for illustrative purposes only and may not exactly match the Product itself. Any major differences will be noted within the product description.
6. Warranties and liabilities
The Seller warrants that the Products will correspond with their specification at the time of delivery and will be free from defect in quality, material workmanship and condition for a period of 12 months from delivery, unless otherwise specified and subject to conditions set out below.
a. The Buyer provides written (or email) notice of the defect within 7 days of the time the Buyer discovers or ought to have discovered the defect; and
b. The Seller is given reasonable opportunity after receiving the Buyer's notice of defect to examine the Products in question and the Buyer (if asked by the Seller to do so) shall return the Products to the Address at the Seller's cost for the examination to take place there.
The Seller shall not be liable for a breach of the warranty if:
a. The Buyer makes further use of such Products after giving notice of the defect to the Seller.
b. The defect arises as a result of fair wear and tear, willful damage, negligence, misuse, abnormal working conditions or failure to follow our oral or written instructions as to the storage or use of the Products.
c. The Buyer alters or repairs such Products without our written consent.
d. The Buyer has not paid the Contract price for the Products by the Payment date.
If any Products do not conform with any of the warranty, then within 30 days of us examining the defective Products, the Seller (at the Seller's option) will either:
1. Repair or replace such Products (or the defective part) free of charge; or
2. Refund the price of such Products (or a proportionate part of the price) provided that the Buyer makes the Products available for collection (or, if the Seller so requests and at the Seller's expense the Buyer returns the Products or the part of such Products which is defective to the Seller at the Seller's Address).
If the Seller complies with the above the Seller shall have no further liability for breach of any warranty in respect of such Products.
Every order you place with us will be delivered direct to your front door. We work in partnership with a national delivery company to ensure that your goods are delivered in pristine condition.
We will do our best to deliver your items to you within 2/3 weeks UNLESS it is stated differently in the product description for the item you are purchasing. Please read the product description carefully for the correct delivery time for each item. If no specific time has been specified, we will deliver the item to you within 2/3 weeks (excluding bank holidays) from the date you place the order and the order has been processed and payment has been taken.
We deliver all items at the same time, if you order more than one item, we will only deliver your items when all items have reached our dispatch warehouse (Unless otherwise arranged with Extreme Car Beds). For Example: - If you order an item that states Next Day delivery with an item that does not state a delivery time, your whole order will be sent out within 2/3 weeks (excluding bank holidays). This would also be the same if you order an item that states next day delivery with an item that states 6 week delivery.
We are also able to dispatch part of your order ahead of items that take longer to deliver, however it is up to you to contact us to arrange this.
We are unable to deliver to the following areas: - "Channel Islands, Isle of Man, Isle of Wight, BFPO (British Forces Post Office) addresses, Orkney, Shetland, Scottish Isles".
We are also unable to deliver to the following postcodes starting with PO33 / PA / HS / IV / KA / KW / PH / ZE. IF YOU STILL REQUIRE DELIVERY please call us and we may be able to help, however you may incur a small additional surcharge dependant on the actual delivery postcode.
If you are not in on the arranged day of the delivery the courier will leave a card with a contact number for you to call to arrange a new delivery date.
Generally, where an order contains more than one item, all items will be delivered at the same time once all items are available.
Where a delivery date has been agreed with our carrier and the customer, but the customer is not present to receive the delivery, we reserve the right to charge the customer a minimum of £25 to cover part of the cost of the failed delivery.
Goods will be deemed to have been delivered once delivered to the specified address and Extreme Car Beds will not be liable to the customer for non-delivery of the Products. Extreme Car Beds does not need to satisfy itself that the person accepting delivery at the specified address is the customer (or authorized by the customer to accept delivery of the Goods). The Buyer is recommended to take receipt of the delivery personally.
Dates and times quoted for delivery are approximate only. Extreme Car Beds shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
If the Products ordered by the customer are not available or discontinued and Extreme Car Beds is unable to deliver them to the Buyer within 60 days (or any other time limit agreed by both Extreme Car Beds and the customer), Extreme Car Beds shall inform the customer of this; cancel the Contract; and reimburse any sums paid by the customer (or which has been paid on the customer's behalf) under the Contract to the person by whom payment was made no later than 30 days after the due date for delivery of the Goods under the Contract.
All goods must be signed for by the person who paid for the items, or their appointed representative. We are unable to deliver to unattended premises or outside of customer addresses.
We do not accept any blame or liability for customers removing or disposing of old beds or mattresses prior to delivery. We do advise that customers only dispose of old goods after acceptance of the new goods have been delivered.
Deliveries made to business addresses will have the customer’s authority for anybody in the building to accept goods on the customer’s behalf. Extreme Car Beds will accept no responsibility once the goods have been signed for at the requested address.
IT IS VERY IMPORTANT THAT YOU, OR ANYONE ELSE YOU HAVE ARRANGED TO TAKE DELIVERY OF YOUR ORDER HAS READ THIS PAGE AND IS CLEAR ON THE PROCEDURE FOR ACCEPTING DELIVERIES WITH RESPECT TO SIGNING FOR THE GOODS.
Deliveries made by national carriers will be delivered by one man and delivered to your front door. The services used will only deliver the ordered items to the front door of the designated delivery address. This means that if you reside in an apartment or a block of flats, the delivery driver will deliver to the lobby of the building only. Please understand that the logistics companies that offer a 'next day' service are not insured to enter private premises. Please be aware that if you purchase a product on a 'next day' delivery service and require assistance with the positioning of the product, you must arrange the assistance yourself.
Before you sign for the item(s)
1. For insurance purposes, it is very important that before you sign for your items, you check all external packaging for signs of damage.
2. If there are signs of damage to the packaging, you MUST sign for the items as damaged. You MUST accept all items and call us straight away, we will then arrange for ANY DAMAGED items to be replaced.
3. You are required to email photographs of the damage before we can send out replacements. All photos must be capable of clearly showing the damage.
4. You must count the number of items that you are signing for. If any items are missing, sign for them as MISSING, accept all offered items and please call us immediately (or at the maximum, 48 hours after delivery) on 0845 474 1953. We will then sort out replacing any missing items.
5. Please do not sign for your items as 'UNCHECKED' as this no longer covers you as the customer for the insurance of the items.
8. Acceptance of the Product(s)
Other than where the customer acts as a Consumer, the customer shall be deemed to have accepted the Products 5 working days after delivery to the customer.
After acceptance the customer shall not be entitled to reject Products which are not in accordance with the Contract.
On the rare occasion where an item is damaged in transit Extreme Car Beds will, of course, offer to replace the damaged item, or part thereof immediately upon receipt of the photographs of the damage. Please ensure that you inspect the packaging carefully for damage before signing. If there are signs of external damage, please sign the delivery document as 'DAMAGED' and accept all items. Please inform Extreme Car Beds of the damage straight away and we will send out replacement parts as soon as is practicable. THIS IS ABSOLUTELY CRUCIAL AS WE ARE UNABLE TO REPLACE DAMAGED GOODS THAT HAVE BEEN SIGNED FOR 'RECEIVED IN GOOD CONDITION'.
The customer shall be bound to accept the products when they are tendered for delivery by Extreme Car Beds or its business associates and delivery shall be deemed to take place when the products are tendered for delivery to the customer at the nominated address for delivery whereupon the risk of loss, breakage or any other damage whatsoever shall pass to the customer.
Damage in transit:
If goods arrive in a damaged condition you must make a note on the carrier's delivery consignment note and accept the goods. It will be your responsibility to inform us within 48 hours from delivery.
You must email (or post) us a picture of the damaged items, this is very important as we need proof of damage to enable us to make a claim on the delivery companies insurance.
It is the customers responsibility to sign for the correct number of packages as shown on the carrier's delivery consignment note. Any shortages must be noted on the consignment note and it will be your responsibility to notify us within 48 hours of delivery.
It is your responsibility to notify us of any in-correct goods supplied within 72 hours of delivery.
9. Risk and title
As soon as we have delivered the goods to your door you will be responsible for them. We will only deliver goods to the address on the order and goods will not be left without a signature. From the time of receipted delivery of the goods, any loss or damage to the goods shall be at your own risk. Any transit damage to the goods or any package number shortages must be noted on the delivery consignment note at the time of delivery.
Risk of damage to or loss of the Products shall pass to the customer upon delivery. If the customer wrongfully fails to take delivery of the Products, then risk of the Products shall pass to the customer at the time when Extreme Car Beds tendered delivery of the Products.
Notwithstanding any other provision herein title to the Products shall not pass to the customer until the Extreme Car Beds has received in cash or cleared funds payment in full for the Products and all other sums which are or which become due to Extreme Car Beds from the customer on any account.
Extreme Car Beds shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from Extreme Car Beds.
The customer may not use or resell the Products before ownership has passed.
The customer grants Extreme Car Beds the licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or where right to possession has terminated, to recover them, and to use reasonable force in doing so.
If the customer receives goods but then requires an immediate exchange of the product for whatever reason, the customer is responsible for the goods until such time the goods are replaced. Unless specifically specified by Extreme Car Beds, the customer shall not use the product. This is also true of mattresses. Due to hygiene restrictions we are unable to exchange mattresses that have been slept on, even if a replacement has been arranged (unless this is due to a manufacture fault). Under these circumstances, the customer is liable for the cost of the replacement mattress and its delivery.
10. Insolvency of Buyer
This clause applies if:
1. The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction) or
2. An encumbrancer takes possession, or a receiver is appointed, of any of the property of assets of the Buyer, or
3. The Buyer, not being a Consumer, ceases or threatens to cease, to carry on business, or
4. The Seller reasonably apprehends that any of the events mentioned above is a about to occur in relation to the Buyer and/or notified the Buyer accordingly.
If the clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer. If the Products have been delivered but not paid for the Price shall become immediately due and payable, despite any previous arrangement or agreement to the contrary.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside of their reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction or unavailability of power at the Seller's premises.
Provided that if any event referred to in clause 11 continues for a period in excess of 30 days, the Buyer will be entitled to give notice in writing to terminate the Contract.
Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its Address or in the case of notices to the Buyer, at the Buyer's address as provided to the Seller.
Failure or delay by the Seller in enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
Representations: no statement, description, warranty condition or recommendation contained in any price list, advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.
Additional costs: The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
13. The Buyer's Right of Cancellation
In accordance with the Regulations the Buyer has the right of cancellation within 7 days except where a Product is tailored to customer requirements and without fault.
To exercise the Buyer's right of cancellation, the Buyer must give written notice to the Seller by letter or e-mail giving details of the Products ordered and (where appropriate) their delivery. Notification by phone is NOT sufficient.
Once the Seller has been notified of the cancelling of the Contract, the Seller will refund the Buyer within 30 days by cheque to the billing address initially supplied for any sum that have been paid or debited from the Buyer's credit card for the Products. A 5% cancellation fee will be deducted from the total amount to be refunded to the buyer if the order has been processed to cover administration costs, unless it is the Seller who cancels the order.
If the Buyer does not cancel the Contract in accordance with clauses 13, the Buyer shall be deemed to have accepted the Goods (except any manufacturing faults) and will not be liable to return the Goods to the Seller.
If the Seller has delivered the Products to the Buyer but the Buyer wants to cancel the Contract, the Buyer must retain possession of the Goods until the cancellation notice has been sent to the Seller within the relevant time limit.
Mattresses we supply are supplied in protective polythene bags for protection. For hygiene reasons, we are not able to accept the return of mattresses if they have been used. The Products can not be used. The Buyer will be responsible for returning the Products to the Seller at the Buyer's own cost. The Products must be returned to the address in the definitions section within 14 days. The Buyer must take reasonable care to ensure that the Products are not damaged in the meantime or in transit and return then in the packaging and condition they were delivered to the Buyer.
If the returned goods are not received by the Seller in the condition in which they were originally delivered; the Seller reserves the right to offer only a partial refund to cover the cost of re-listing at a reduced price, or having the product cleaned or repaired.
14. Proper Law of Contract
The Contract shall be governed by the law of the United Kingdom of Great Britain and Northern Ireland and any dispute, question or remedy however-so arising shall be determined exclusively by the Courts of Northern Ireland.
15. Limitation of Liability
The Seller's total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the Products.
Nothing in these conditions excludes or limits the liability of the Seller for death or personal injury caused by the Seller's negligence or fraudulent misrepresentation.
The Seller shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for the loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
16. Force Majeure
Extreme Car Beds shall not be liable to you or be deemed to be in breech of the Contract by reason of any delay in performing, or any failure to perform any of Extreme Car Beds obligations relating to the Contract if the delay or failure was due to any cause beyond Extreme Car Beds reasonable control including but not limited to:
Acts of god, fire, explosion, epidemic, flood, war or other national emergency, riot, civil commotion, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), restraint or delays affecting carriers or inability or delay in obtaining supplies of adequate suitable materials (eg fuel), import or export regulations or embargoes (including the failure of the Company's suppliers to obtain any necessary export permits, licences or other authorisations). Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
Provided that, if any event referred to in clause 16 continues for a period in excess of 30 days, you shall be entitled to give us notice in writing to terminate the Contract.
17. Data protection
The Seller will take all reasonable precautions to keep the details of the Buyer's order and payment secure but unless the Seller is negligent, the Seller will not be liable for unauthorized access to information supplied by the Buyer.
18. Complaints and disputes
If the Buyer has a complaint about the Goods or service, the Buyer should contact www.extremecarbeds.com, the Seller by:
1. Post: Please send to the Address given at the top of this agreement.
2. Electronic e-mail to firstname.lastname@example.org
3. Telephone on 0845 474 1953
The Seller will try to respond in writing to the Buyer's complaint within 14 working days of receiving it.