Top Brand Beds Terms and Conditions

From April 2018 (Internet and telephone sales only)

General

1:1 These Terms and conditions apply to all orders placed online at www.topbrandbeds.co.uk and over the telephone. By placing an order with Top Brand Beds you are accepting to abide by these conditions. Please read them carefully and contact our Customer Service team if you have any questions.

1:2 Please note that these terms and conditions do not affect your statutory rights.

1:3 If a provision in these terms and conditions is found to be invalid or unenforceable by a court it will not affect the validity of the remaining provisions.

Orders – Making a contract with us

2:1 When you place an order with us, you are making an offer to buy goods. We will send you an e-mail to confirm that we have received your order, this confirmation email is acceptance that a contract has been made between us. If there are any errors on your Email confirmation you must inform us as soon as possible for these to be rectified.

2:2 All orders are subject to acceptance. All details supplied to Top Brand Beds must be true and accurate.

2:3 If there are any problems with your order we aim to contact you as soon as we can.

2:4 All Images displayed are indications of the product, some items may have small variations in ticking and colour.

2.5 It is often the case with new mattresses that they will require a ‘bedding in’ period of 8 to 12 weeks to allow the fillings to settle and the mattress to gently expand to the correct size.

2:6 Additionally, on occasion new mattresses may carry an odour for up to 6 to 8 weeks.  This may be due to the fire retardancy, a legal requirement, and the newness of materials.  This odour will gradually dissipate with airing.

2:7 All images on our web site are for illustration purposes only.  Unless clearly stated on the website, headboards will not normally be included with a divan bed.  If a headboard is required this will need to be selected as a separate item on your order.

2:8 To place an order with us please follow the step by step guide on our website or contact out sales team who will assist you or place the order over the telephone.

2:9 To place an order with us, you must be a UK resident and over 18 years of age.

Legal Rights

3.1 The guarantees under the Contract or from the manufacturer are in addition to your legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

Price and Payment

4:1 Prices displayed on our website are inclusive of VAT at the UK standard rate of 20%.

4:2 Our prices may change at any time, but price changes will not affect orders that we have already confirmed with you.

4:3 The prices for the Goods exclude delivery costs, which will be added to the total amount due (except where free delivery is offered).

4:4 The total price payable, for all items ordered, will be debited, from the account provided, at the time that the order is placed, once a contract has been made (see section 2.1 for order contract information).

4.5 We can only accept payments from U.K registered accounts.

4:6 We accept most major credit/debit cards including Visa, Delta, MasterCard and Switch

4:7 You must confirm that the credit or debit card being used is yours in order to purchase product (s) on our website or over the telephone.

4:8 All billing information given must match those held by the bank that issues the card that you are paying with. Failure to supply the correct information may lead to a delay or cancellation of your order. Your order will only be processed once the payment has been authorised.

4:9 All credit/debit card holders are subject to validation checks and authorisation by the card issuer and the merchant bank. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we shall be permitted to cancel our contract with you.

4:10 It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, 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 obvious, or could have reasonably been recognised by you as a mispricing, We do not have to provide the Goods to you at the incorrect (lower) price.

Availability of Goods

5:1 All products and services are subject to availability and may be withdrawn at any time.

5:2 Any goods that we are unable to supply will be refunded in full or the monies can be used for an alternative product.

5:3 Any items that are not in stock have a lead time. This lead time is an estimate time, in days, supplied to us by the manufacturer of the goods. The manufacturer aim to supply us with the goods within this time; however this is not always possible. Where there are delays we aim to notify you as soon as we are informed.

Free Deliveries

6:1 We use a carrier service for our National deliveries. Whilst they AIM to deliver between the specified times, on the selected delivery date, we cannot guarantee this. Top Brand Beds are unable to cover any loss of earnings etc for these occasions but will do our best to get your goods to you as soon as possible.

6:2 All of the items are delivered by one man, to the first accessible ground floor door of the premises. The driver will not take items up steps to get to this door and are not insured to take any items into your property.

6:3 With larger items the driver may require some assistance to offload the items.

6:4 Please note the driver cannot call before delivery.

6:5 Saturday deliveries are available at an additional charge of £30 (excluding two mans).

Failed delivery attempt

7:1 Please do not dispose of your existing items until you have received your order from us.

7:2 There are rare occasions where we may be unable to make the delivery to you on the agreed date, as such we do not advise that you dispose of any of the items that you are replacing until you have received and checked your items from us.

7:3 Although at Top Brand Beds we always strive to deliver within the agreed dates and times, we do occasionally come up against problems that can make this impossible. In the event that we are unable to make the delivery on the selected date, we will contact you as soon as we can to advise you and make alternative arrangements. Please be aware that, where we use a carrier, we are not always able to control the delivery process and have to rely on the information that we are given. Please be patient with us and we will do our very best to assist you.

7:4  If you have supplied incorrect delivery details we will do our best to get your items to you as soon as possible (once we have the correct information). However there will be a charge for this.

7:5 Please note that we cannot be held responsible for any losses arising from a late or failed delivery.

Amending deliveries

8:1 Amendments to date/addresses before the item has been dispatched from us – Free

8:2 Amendments to date/addresses after the items have been dispatched from us but before the delivery has been made – £10 (this may effect the delivery date)

8:3 Amendments to date/addresses after a delivery attempt has been made – £20 (this may affect the delivery date)

8:4 Failed delivery attempts, due to no one being at the property – £10 to reattempt (not guaranteed same day.

8:5 Failed delivery attempts, due to customer supplying incorrect information – £10 to reattempt (not guaranteed same day.

Risk

9:1 We recommend that there is a responsible adult to take delivery of any goods and to sign for these goods on delivery. If you require the goods to be left without a signature, Top Brand Beds will not be held responsible for any theft or weather damage of your goods. The goods will be left at your own risk and will only be left if there is a signed and dated note, with the customer’s permission, for the driver to take. We do not recommend that your goods are left outside, due to threat of weather damage or theft.

9:2 Once delivery has been made it is the customers responsibility to take reasonable care of the items.

If the goods are faulty

10.1 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

10.2 Please check over your goods on delivery to ensure that the packing is intact and all items appear to be in good condition before you sign for them. If you find your goods to be faulty, damaged or incorrect please refuse the items and contact Customer Services as soon as possible. If you find that your goods are damaged after you have taken delivery please notify us as soon as possible. We ask that you inspect your goods within a reasonable time scale and prior to them being transported anywhere else.

10.3 To help us ascertain the nature of the fault we may ask you to provide evidence to us in the form of an image that can be emailed. Failure to provide this evidence may prevent Us from progressing the issue.

10:4 If the Goods have not been accepted and are faulty, you are entitled to reject the goods and claim a full refund or request a repair or replacement.

10:5 In the case of a replacement being offered this will be of equivalent quality or better than the original product purchased from the manufacturer’s current range.

10:6 If your item develops a fault we will deal with your complaint in accordance with your rights under the Sales of Goods Act 1979. You will also be supplied with a warranty/guarantee, which is in addition to your statutory rights.

11. Your consumer right or refund or return

11.1 If you are a consumer and you have ordered the Goods Exclusively by email, phone or from our website, you have a legal right to cancel a Contract under the Consumer Contracts Regulations 2014 during the period set out below in clause 11.3. This means that during the relevant period if you change your mind or for any other reason you 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.

11.2 However, this cancellation right does not apply in the Following cases:

(a) Any products made to your specification or clearly personalised.

(b) In the case of mattresses and pillows, if the packaging has been un-sealed, for reasons of health and hygiene these items by their Nature cannot be returned unless faulty.  Please note that we cannot accept a return or cancellation once a mattress has been slept on.

(c) In the case of mattresses and divan beds, if Assembly service forms part of your order and the hygiene seal is broken and mattress bag removed we will not be able to accept return unless the goods are faulty,

11.3 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 14(Fourteen) calendar days in which you may cancel, starting from the day after the day you receive the Goods.

11.4 To cancel a Contract, please contact us by e-mail Us at info@topbrandbeds.co.uk. You may wish to keep a copy of your cancellation notification for your own records.

11.5 You will be required to arrange the return of your order within 14 calendar days from the date of cancellation. You will receive a full refund of the price you paid for the Goods Only.  We will process the refund due to you as soon as your returned order has been received by Us.

11.6 We refund you on the credit card or debit card used by you to pay.

11.7 If the Goods were delivered to you:

(a) Please inform us in writing if you wish to return the goods. You must return the Goods to us as soon as reasonably practicable.

(b) Unless the Goods are faulty or not as described, 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.  National Couriers may charge in the range of a minimum of £100.00 for the delivery of a mattress only and a minimum of £300.00 for the delivery of a full divan bed. Please note we do not provide a collection service in this case.

(c) 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 possession.

11.8 If the Goods have not yet been delivered to you:

(a) you may cancel any Order for Goods at any time before We despatch the Goods by contacting Us. We will confirm your cancellation in writing to you;

(b) if you cancel an Order under clause 11.1 and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you;

11.9 If you cancel an order and We have already despatched 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.

11.10 In regard 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 which the Goods came in. Any flat-pack goods must be returned as such, without having been assembled (unless they are faulty or mis-described). In particular, duvets, mattresses and bedding must not have been used and must be in the original sealed packaging.

11.11 If We have provided installation 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).

11.12 Should you wish to cancel your order or return your goods due to a manufacturing fault, once the fault has been confirmed, we will be happy to carry the associated carriage costs and make the necessary arrangements.

Complaints Procedure

12.1 Top Brand Beds is committed to providing high quality products and service to all of our customers. Therefore, we hope that you are pleased with the product you have purchased and the service you have received.

12.2 If you have a complaint or in anyway feel dissatisfied with the products or service you have received we would like to hear from you as quickly as possible so we can take every opportunity to resolve your complaint. Top Brand Beds seeks to continuously enhance our customer experience and we welcome complaints as an opportunity to further build on improving our customer service.

12.3 All complaints are dealt with by our Customer Services department. They are contactable Monday to Friday 9.00am – 6.00pm (Saturday 9.00am – 5.30pm) via:

Telephone: 0843 886 8806
Email: info@topbrandbeds.co.uk
Post: Unit 25 Woodside Rugby, Warwickshire, CV21 2NP

12.4 Upon receiving your initial complaint a customer service advisor will contact you within 24hours to acknowledge receipt and discuss the process of resolving your issue.

12.5 If you have a complaint regarding a product which you feel may have a manufacturing fault we will initially ask for some photos of the product, to enable us to assess the possible problem. If we are unable to assess the problem fully using this method we may need to get the product independently inspected, in which case, an independent assessor will visit you to carry out a full inspection of the product. The independent inspector shall produce a report stating the nature of fault or detail why the product is not faulty. This inspection is final and we abide by the report produced.

12.6 If you feel we have not resolved your complaint satisfactorily Top Brand Beds are members of The Furniture Ombudsman who are a government approved independent organisation set up to help resolve such disputes. The Furniture Ombudsman will only process a complaint once Top Brand Beds has had the opportunity to resolve matters with you initially so please contact Customer Services in the first instance

How we may use your personal information

13.1 We will use the personal information you provide to Us to:

(a) provide the Goods;

(b) process your payment for such Goods; and

(c) inform you about similar products or services that We provide, as well as promotions we offer from time to time, but you may stop receiving these at any time by contacting Us.

13.2 We will not give your personal data to any third party.

 

 

TOP BRAND BEDS TERMS AND CONDITIONS

From January 2017 (In Store sales only)

 

  • General
  • 1:1 These Terms and conditions apply to all orders placed in store only. By placing an order with Top Brand Beds you are accepting to abide by these conditions. Please read them carefully and contact our Customer Service team if you have any questions.
  • 1:2 Please note that these terms and conditions do not affect your statutory rights.
  • 1:3 If a provision in these terms and conditions is found to be invalid or unenforceable by a court it will not affect the validity of the remaining provisions
  • Orders – Making a contract with us
  • 2:1 When you place an order with us, you are making an offer to buy goods. We will give you a copy of the invoice to confirm that we have received your order; this confirmation is acceptance that a contract has been made between us. If there are any errors on your invoice you must inform us as soon as possible for these to be rectified.
  • 2:2 All orders are subject to acceptance. All details supplied to Top Brand Beds must be true and accurate.
  • 2:3 If there are any problems with your order we aim to contact you as soon as we can.
  • 2.4 It is often the case with new mattresses that they will require a ‘bedding in’ period of 8 to 12 weeks to allow the fillings to settle and the mattress to gently expand to the correct size.
  • 2:5 Additionally, on occasion new mattresses may carry an odour for up to 6 to 8 weeks.  This may be due to the fire retardancy, a legal requirement, and the newness of materials.  This odour will gradually dissipate with airing.

 

  • Legal Rights3.1 The guarantees under the Contract or from the manufacturer are in addition to your legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

 

  • Price and Payment
  • 4:1 Prices displayed in our stores are inclusive of VAT at the UK standard rate of 20%.
  • 4:2 Our prices may change at any time, but price changes will not affect orders that we have already confirmed with you.
  • 4:3 The prices for the Goods exclude delivery costs, which will be added to the total amount due (except where free delivery is offered).
  • 4:4 The total price payable, for all items ordered, will be debited, from the account provided, at the time that the order is placed, once a contract has been made (see section 2.1 for order contract information).
  • 4.5 We can only accept payments from U.K registered accounts.
  • 4:6 We accept most major credit/debit cards including Visa, Delta, MasterCard and Switch
  • 4:7 All billing information given must match those held by the bank that issues the card that you are paying with. Failure to supply the correct information may lead to a delay or cancellation of your order. Your order will only be processed once the payment has been authorised.
  • 4:8 All credit/debit card holders are subject to validation checks and authorisation by the card issuer and the merchant bank. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we shall be permitted to cancel our contract with you.

Availability of Goods

  • 5:1 All products and services are subject to availability and may be withdrawn at any time.
  • 5:2 Any goods that we are unable to supply will be refunded in full or the monies can be used for an alternative product.
  • 5:3 Any items that are not in stock have a lead time. This lead time is an estimate time, in days, supplied to us by the manufacturer of the goods. The manufacturer aim to supply us with the goods within this time; however this is not always possible. Where there are delays we aim to notify you as soon as we are informed.

Free Deliveries

  • 6:1 We use our own delivery service. Whilst we AIM to deliver between the specified times, on the selected delivery date, we cannot guarantee this. Top Brand Beds are unable to cover any loss of earnings etc for these occasions but will do our best to get your goods to you as soon as possible.
  • 6:2 All of the items are delivered by one man, to the first accessible ground floor door of the premises. The driver will not take items up steps to get to this door and are not insured to take any items into your property.
  • 6:3 With larger items the driver may require some assistance to offload the items.
  • 6:4 Please note the driver will call before delivery to book in a time slot.

Failed delivery attempt

  • 7:1 Please do not dispose of your existing items until you have received your order from us.
  • 7:2 There are rare occasions where we may be unable to make the delivery to you on the agreed date, as such we do not advise that you dispose of any of the items that you are replacing until you have received and checked your items from us.
  • 7:3 Although at Top Brand Beds we always strive to deliver within the agreed dates and times, we do occasionally come up against problems that can make this impossible. In the event that we are unable to make the delivery on the selected date, we will contact you as soon as we can to advise you and make alternative arrangements. Please be aware that, where we use a carrier, we are not always able to control the delivery process and have to rely on the information that we are given. Please be patient with us and we will do our very best to assist you.
  • 7:4 If you have supplied incorrect delivery details we will do our best to get your items to you as soon as possible (once we have the correct information). However there will be a charge for this.
  • 7:5 Please note that we cannot be held responsible for any losses arising from a late or failed delivery.
  • Amending deliveries
  • 8:1 Amendments to date/addresses before the item has been dispatched from us – Free
  • 8:2 Amendments to date/addresses after the items have been dispatched from us but before the delivery has been made – £10 (this may effect the delivery date)
  • 8:3 Amendments to date/addresses after a delivery attempt has been made – £20 (this may affect the delivery date)
  • 8:4 Failed delivery attempts, due to no one being at the property – £10 to reattempt (not guaranteed same day.
  • 8:5 Failed delivery attempts, due to customer supplying incorrect information – £10 to reattempt (not guaranteed same day.
  • Risk
  • 9:1 We recommend that there is a responsible adult to take delivery of any goods and to sign for these goods on delivery. If you require the goods to be left without a signature, Top Brand Beds will not be held responsible for any theft or weather damage of your goods. The goods will be left at your own risk and will only be left if there is a signed and dated note, with the customer’s permission, for the driver to take. We do not recommend that your goods are left outside, due to threat of weather damage or theft.
  • 9:2 Once delivery has been made it is the customers responsibility to take reasonable care of the items.

 

  • If the goods are faulty10.1 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

 

  • 10:2 Please check over your goods on delivery to ensure that the packing is intact and all items appear to be in good condition before you sign for them. If you find your goods to be faulty, damaged or incorrect please refuse the items and contact Customer Services as soon as possible. If you find that your goods are damaged after you have taken delivery please notify us as soon as possible. We ask that you inspect your goods within a reasonable time scale and prior to them being transported anywhere else.
  • 10.3 To help us assertain the nature of the fault we may ask you to provide evidence to us in the form of an image that can be emailed. Failure to provide this evidence may prevent us from progressing the issue.
  • 10:4 If the Goods have not been accepted and are faulty, you are entitled to reject the goods and claim a full refund or request a repair or replacement.
  • 10:5 In the case of a replacement being offered this will be of equivalent quality or better than the original product purchased from the manufacturer’s current range.
  • 10:6 If your item develops a fault we will deal with your complaint in accordance with your rights under the Sales of Goods Act 1979. You will also be supplied with a warranty/guarantee, which is in addition to your statutory rights.

 

  • 11. Refunds and Returns
  • 11.1 Once delivered we cannot accept returns unless items are faulty. Please refer to section 10. Please note we cannot accept a return in the event that you change your mind.
  • 11.2 We cannot accept returns in the Following cases:(a) Any products made to your specification or clearly personalised. (b) In the case of mattresses and pillows, if the packaging has been un-sealed, for reasons of health and hygiene these items by their Nature cannot be returned unless faulty.  Please note that we cannot accept a return once a mattress or pillow has been slept on. (c) In the case of mattresses and divan beds, if Assembly service forms part of your order and the hygiene seal is broken and mattress bag removed we will not be able to accept return unless the goods are faulty.
  • If you make an order with us and decide to cancel prior to delivery, you will be subject to a £100 restocking fee per order. 
  • Complaints Procedure.
  • 12.1 Top Brand Beds is committed to providing high quality products and service to all of our customers. Therefore, we hope that you are pleased with the product you have purchased and the service you have received.
  • 12.2 If you have a complaint or in anyway feel dissatisfied with the products or service you have received we would like to hear from you as quickly as possible so we can take every opportunity to resolve your complaint. Top Brand Beds seeks to continuously enhance our customer experience and we welcome complaints as an opportunity to further build on improving our customer service.
  • 12.3 All complaints are dealt with by our Customer Services department. They are contactable Monday to Friday 9.00am – 6.00pm (Saturday 9.00am – 5.30pm) via:
  • Telephone: 0843 886 8806
    Email: info@topbrandbeds.co.uk
    Post: Unit 25 Woodside Rugby Warwickshire CV21 2NP
  • 12.4 Upon receiving your initial complaint a customer service advisor will contact you within 24hours to acknowledge receipt and discuss the process of resolving your issue.
  • 12.5 If you have a complaint regarding a product which you feel may have a manufacturing fault we will initially ask for some photos of the product, to enable us to assess the possible problem. If we are unable to assess the problem fully using this method we may need to get the product independently inspected, in which case, an independent assessor will visit you to carry out a full inspection of the product. The independent inspector shall produce a report stating the nature of fault or detail why the product is not faulty. This inspection is final and we abide by the report produced.
  • 12.6 If you feel we have not resolved your complaint satisfactorily Top Brand Beds are members of The Furniture Ombudsmanwho are a government approved independent organisation set up to help resolve such disputes. The Furniture Ombudsman will only process a complaint once Top Brand Beds has had the opportunity to resolve matters with you initially so please contact Customer Services in the first instance

 

 

  • How we may use your personal information13.1 We will use the personal information you provide to Us to:(a) provide the Goods;

    (b) process your payment for such Goods; and

    (c) inform you about similar products or services that We provide, as well as promotions we offer from time to time, but you may stop receiving these at any time by contacting Us.

    13.2 We will not give your personal data to any third party.