Terms and Conditions

The Terms & Conditions below are relevant to items bought on this website or through our call centre. Your Statutory rights are not affected.

1. FORMATION OF CONTRACT AND ORDER ACCEPTANCE POLICY

1.1 You can place your order for our products:-

  • By telephoning the number shown on the home page

or

  • On our website by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the website.

2. TERMS AND CONDITIONS OF WEBSITE AND PURCHASE

2.1 This legal notice applies to the entire contents of this website under the domain name of www.helibeds.co.uk and to any correspondence by e-mail between you and us. Please read these terms carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms, do not use this website. This notice is issued by Beds By Bedtime Limited and all references to 'us', 'we' or 'our' are to Beds By Bedtime Limited t/a Heli-Beds.

3. DEFINITIONS

3.1 "Buyer" means the person who buys or agrees to buy the products/goods from the seller.

3.2 "Seller" means Beds By Bedtime Limited t/a Heli-Beds.

3.3 "Products" means those goods specified.

3.4 "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.

3.5 "Consumer" shall bear the meaning in Section 12 Unfair Contract Terms Act 1977.

3.6"Delivery date" means the date specified by the seller when the products are to arrive at the buyers address.

3.7"Despatch" means the date the product leaves our distribution warehouse.

3.8 "Delivery place" refers to the delivery address as specified by you, the buyer, when ordering.

3.9 "Order" refers to your offer, as the buyer, to purchase products that you place with Heli-Beds, whether electronically or via other means.

3.10 "Regulations" refers to the Consumer Protection (Distance Selling) Regulations 2000 ("The Buyers Right to Cancel").

3.11 "Address" refers to the address for Beds By Bedtime Limited. The address is Beds By Bedtime Ltd, Unit 70 Thornhill Ind Est, South Marston, Swindon. Wiltshire, SN3 4TA

3.12 "Contract" refers to any Contract between the buyer and Heli-Beds for the sale and purchase of products incorporating these conditions, whether completed electronically through this website or via other means.

4. APPLICATIONS OF CONDITIONS

4.1 These conditions shall apply to the exclusions 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 Heli-Beds, the seller, subject to 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.

4.2 There will be no binding contact between the two parties if for any reason the seller does not accept the buyers order.

4.3 To enable the seller to perform the Contract in accordance with these conditions the buyer must ensure that the details that the buyer provides the seller are complete and accurate and that the buyer provides all the necessary information relating to the supply of the products within sufficient time.

4.4 Any error or omission in any sales literature, price list, quotation and invoice, acceptance of offer or other document or information issued by the seller shall be subject to correction without any liability on the part of the seller.

4.5 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 buyers 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 disappointment suffered. If any of these conditions is adjudged invalid or unenforceable in whole or part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.

5. DEFINITION OF SALE

5.1 No Contract exists between the buyer and the seller for the sale of any products until the seller has received, processed and confirmed the order and the seller has received part or full payment. When the seller has received part or full payment there is a legal binding Contract between the buyer and seller.

5.2 Any advertising or specifications issued by the seller and any illustrations or descriptions contained within our website will not form part on any Contract. Such information is by way of illustration or guidance only, and may not bear any relationship with products.

5.3 The seller may assign the Contract or any part of it to any person or company.

5.4 The buyer shall not be entitled to assign the Contract or any part of it without prior written consent.

6. PRICE AND PAYMENT

6.1 We reserve the right to increase the price to reflect any taxes or duties which are or may from time to time be levied by any government statutory or local authority upon the sale of the products and any necessary additions shall be charged at the rates prevailing at the date of invoice.

6.2 The price listed includes V.A.T. (value added tax) at the UK standard rate. The correct price you will pay will be on your printed order confirmation. All orders are payable in full before delivery.

6.3 We accept credit cards/debit cards, Visa, Delta, MasterCard, Switch, Maestro, Solo, we do not accept American Express or Diners Club. You must confirm that the credit or debit card that is being used is yours in order to purchase product(s) on our website or over the telephone. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. 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.
 
6.4 Minimum order value for Same Day Delivery is £400. Any orders below £400 can still be purchased and delivered, but for a delivery schedule of 2 - 5 days delivery. We will always make reasonable attempts to contact the customer to change the deliivery date if the customer has mistakenly purchased less than the minimum value for Same Day Delivery.
 
6.5 Orders must be processed and approved by our Payment Provider as well as any other security checks by 1pm for delivery the same day.

7. ACCURACY OF PRODUCT INFORMATION AND DESCRIPTION OF GOODS

7.1 All product images, specification and other information published on our website have been made accessible by HeliBeds. The intention is that all information on the website should be as accurate and up to date as possible. However, while we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy.

7.2 You the buyer agree that any colour appearing on the website is, because of the computer system, not necessarily an accurate representation of the colour it purports to portray All the actions taken by the buyer on the website are the responsibility of the individual.

7.3 All descriptions of goods will be as accurate as possible; sizes are given as an approximation and are standard UK sizes Please do not hesitate to contact us for information on unusual sizes.
7.4 We reserve the right to change any colour finish or fabric used, for it to be as close to the original as possible, and either the same or greater in quality, particularly on special sizes where other fabrics may need to be used to fulfill an order in a timely manner.

8. GUARANTEES AND FAULTY GOODS

8.1 All goods are guaranteed against materials and workmanship for a period of twelve months from the date of delivery Complaints relating to faulty goods should be notified in writing within seven days of the fault becoming apparent and should be addressed to Customer Services Department, Beds By Bedtime Ltd, Unit 70 Thornhill Ind Est, South Marston, Swindon. Wiltshire, SN3 4TA

8.2 In the rare event that goods develop a manufacturing fault, the seller retains the right to have the goods repaired or replaced at the seller's discretion, and any delivery costs associated with the exchange of faulty goods will be met by the seller unless the goods were collected by the buyer.

8.3 Repair turnaround time is dependant on the relevant manufacturer's current workload We will not accept any claims for losses you suffer during this time.

8.4 Where goods are reported as faulty we reserve the right to arrange an inspection and if the goods are found on inspection not to be faulty but the result, for example of:-

  • fair wear and tear, subjecting the product(s) to excessive wear and tear, e.g. jumping up and down on the mattress(es), standing on a frame
  • use without bed linen
  • customer misuse
  • using the product(s) with a base for which it was not designed
  • not used in line with the sellers recommendations
  • rolling or bending the product(s)
  • assembled incorrectly
  • negligence or wilful damage
  • overloading any drawers and causing distortion of the base

Then the seller retains the right to charge a minimum of £80 for the inspection to cover its costs plus travel expenses This charge will be agreed and paid for in advance of any inspection, and where an item is found to be faulty, then the purchase value of the faulty product will be refunded to the buyer within seven days of the inspection.

8.5 No other part of the order will be refunded where more than one item is purchased at the same time on the same order.

8.6 If the product is damaged as a result of any or similar examples as described in 8.4, then the guarantee is void and you will not be entitled to a replacement product, part or refund.

8.7 The buyer and the seller shall both agree to be bound by the results of the inspection.

YOUR STATUTORY RIGHTS ARE NOT AFFECTED

9. REFUNDS

9.1 Refunds on goods cancelled prior to delivery or despatch will be made as soon as possible following written notification of cancellation from the buyer and in any case will not exceed a period of 30 days of that written notice before the delivery date All refunds will be made onto the same card used to make the original purchase Refunds on goods already delivered will take place as soon as possible following the collection, return and inspection of such goods and in any case will not exceed a period of 30 days following that collection/return.

9.2 We are charged by card companies for processing your payment, even if you cancel the order we are still charged. We reserve the right to retain the card charge, at 1.5% to compensate us for our losses because the buyer has cancelled the order.

9.3 Where an item has already been despatched or delivered, the original cost of any delivery fee charged will be deducted from any refund, plus a return/collection of £1 p/running mile back to Swindon, Wiltshire. For example - a delivery address that is 40 miles away from our Swindon warehouse will be £40 to return the product, plus £20 administration fee (this includes our £15 card fees we are charged for refunds). Therefore, the refund amount would be less £60. 

10. CANCELLATIONS

10.1 Within Regulations the buyer has the right of cancellation within seven days except where the product(s) has been specially made eg special size, choice of fabrics, custom made to order, sold business to business, or where the buyer has subjected a product(s) to one or more of the examples in 8.4, or has failed to adhere to 10.4.

10.2 Please note that your right to return an item does not apply to certain items if you have changed your mind or no longer require them This is partially due to health and hygiene reasons (see also point 11) Such items include:

  • mattresses, sofabeds, divans, headboards, pillows, duvets, mattress protectors
  • flat pack furniture, bed frames that have been opened, partially or fully assembled
  • special size items, items custom made to order

10.3 It is the responsibility of the buyer to ensure that the item(s) purchased are suitable for their requirement. For example size, suitability, colour, feel, appearance, description, access into the property, price. In such or similar circumstances no refund can be given by the seller It is always recommended that a buyer visits our retail store before purchasing.

10.3a Any order or part of it which are made to order from a choice of fabrics or are of special size such as extra wide or long are made to order from our chosen factories exclusively for that customer order. All such orders cannot be returned or cancelled. In line with the Consumer Contracts Regulations 2013, Part 3, Regulation 28 (b) returns for 'consumer specific' items (eg made to measure, chosen fabrics, colours or finishes) and also Article 16 (c) of the EU Directive on Consumer Rights (2011/83/EU) as of 13 June 2014 "the supply of goods made to the consumer’s specifications" returns are not accepted for such made to measure, or consumer specific items.

10.4 You are required to take reasonable care of items. Please return an item in its original, un-opened and undamaged packaging with all of its components. If an item is returned un-opened, undamaged in its original and undamaged packaging and is re-saleable, we will offer you a refund in accordance with our refund policy (see point 9.1 & 9.2).

10.5 You shall inspect your product(s) on delivery and if you find your products to be faulty or damaged and within 24 hours of receipt you report the alleged fault or damage, then we will either exchange the product(s) or offer a full refund within 14 days of delivery In such circumstances, provided that the product(s) are adequately wrapped and are not as described in section 8.4 and 10.2.

10.6 You will be wholly responsible for the arrangement and cost of the return of the goods, see 9.1 & 9.2. A quote can be provided on request for the return of the item(s) by us using our own vehicle or chosen haulage company.

10.7 Goods received back incomplete, damaged or in any condition other than sellable as new, will be returned back to the buyer and the cost of return carriage will have to be paid by the buyer before we arrange the return of the goods to the buyer.

10.8 Any product that has been opened will not be accepted back.

10.9 If you do not return an item after our reasonable attempts to recover it, you will be deemed to have accepted the item.

10.10 We are charged by card companies for processing your payment, even if you cancel the order we are still charged. We reserve the right to retain the card charge, at 1.5% to compensate us for our losses because the buyer has cancelled the order.

10.11 Your statutory rights are not affected.

11. RETURNS
To comply with Health & Hygiene safety, items that have direct contact to skin such as mattresses, pillows and other upholstered items cannot be accepted as a return if the hygiene seal has been broken, or item removed from its hygiene sealed bag. Therefore please ensure dimensions, style etc are suitable before purchase. Any such item that has been unwrapped from its original packaging will not be accepted, as we cannot place it back into stock as 'new' for another customer.

11.1 If the buyer chooses not to allow Heli-Beds to arrange the safe return of items back to us, then alternatively you can make your own arrangements at your expense for the carriage and the return of the product(s) to us.

11.2 Please notify us if you are arranging the return yourself.

11.3 Please ensure that these product(s) are wrapped well and in their original wrappings Product(s) will remain the responsibility of you until they are received by us, following which we will refund payment, provided always that the product(s) are received by us undamaged.

11.4 You are required to take reasonable care of items. Please return an item in its original, un-opened and undamaged packaging with all of its components If an item is returned un-opened, undamaged in its original and undamaged packaging and is re-saleable, we will offer you a refund in accordance with our refund policy (see point 9.1 & 9.2).

12. REPLACEMENT PARTS/EXCHANGES
12.1 In the unlikely event that an item or a part of an item needs to be replaced, the company will always endeavour, where required, to provide a direct same replacement item or it's nearest equivalent or part or exchange to make the item usable again.  However, it is not uncommon for manufacturers to sometimes change designs, assembly methods. Any re-assembly of the replacement part will be for the customer to arrange. Unless otherwise instructed, any original part that is being replaced may need to be disposed of by the customer.

13. AVAILABILITY OF GOODS

13.1 All services and products are subject to availability and may be withdrawn at any time We will refund any money already paid if we do not supply the ordered goods (please note if we have effected the delivery and the buyer is not at the delivery address during the agreed date and time, it will be considered that we have supplied the order) However, we will not be responsible for compensating you for any other losses you may suffer if we do not supply the goods. 
In the unlikely event that a part needs to be replaced, the company will always endeavour, where requried, to provide a direct same replacement part or exchange to mae the item fit for purpose again.  However, it is not uncommon for manufacturers to sometimes change designs, assembly methods. Unless otherwise instructed, any original part that is being replaced may need to be disposed of by the customer.

 

14. BULK BUY POLICY

14.1 To ensure availability of all our products, customers may be limited to a maximum number of items.

15. DELIVERY CHARGES

15.1 All prices on our website are inclusive of delivery charges for mainland addresses.  For more remote areas, Highlands and Islands we ask that the buyer contacts the seller directly before making a purchase as to availability and any additional delivery cost.

16. DELIVERY

16.1 We will always endeavour to deliver goods within the times stated but goods are subject to availability and delay in delivery of goods is sometimes outside of our control. Any dates and time we specify for the delivery of the goods are approximate only and we shall not be liable for any losses, costs, charges, damages or expenses caused by any delay for delivery of the goods. And time shall not be of the essence of the order and form part of the contract.
 
Our standard delivery time, 7 days a week, is from 9am - 9pm. So, please ensure that you are at the address to receive the goods.

16.2 Such delays could be a result of, but not limited to:-

  • Holiday periods, ie, Christmas, Easter
  • Inaccessibility, ie, prohibited entrance to a property, security measures, road closures, narrow roads or driveways The buyer must assume that the delivery vehicle is approximately the same size as a refuse lorry
  • Incorrect details provided by the buyer
  • Unforeseen circumstances, such as but not limited to lock-outs, strikes, riots, malicious damage, labour disturbances, trade disputes, government action, (including action by any local or statutory authority), fire, floods, vehicle breakdown, acts of God, delays by suppliers or any other cause whatsoever beyond the sellers control
16.3 Where possible the seller will always try to contact the buyer to advise them in advance of such circumstances It is the responsibility of the buyer to make the seller aware of any access or delivery restrictions at the time of purchase so that reasonable steps can be made in advance of delivery.
 
16. Unless we agree otherwise, or at the discretion of the driver, all orders will need to be signed for at the time of the delivery. Items cannot be left outside. This is to prevent loss (theft) or damage.
 
16.5 Unless you are advised differently, there is only one driver for the delivery, and the driver is only insured to the ground floor door only. However, with customer assistance, our driver is more than happy to deliver the item in through the ground floor door, but it is at the customer’s own risk and only where customer assistance is provided. If you live in a block of flats or in a basement, your product(s) will only be delivered to the most easily accessible ground floor door of the building.
 
16.6 If there are circumstances that the seller is not aware of, and that subsequently the seller is unable to deliver the goods successfully then the seller will 'Fail' the delivery (see Section 17 below).
 
16.7 The driver cannot offer assistance of assembly/dis-assembly of any bed or item or packaging.
 
16.8 It is likely that the delivery vehicle will be a long, heavy goods vehicle, weighing approximately 7.5 tonnes with a height of 14' 3" (Typical size of a dustbin lorry). Therefore it is your responsibility to ensure such a vehicle can access your property legally and inform us about any weight, height and parking restrictions, as well as any difficult access points and unadopted roads/paths. This will help us to deliver your order and ensure that we have made arrangements for the appropriate size of delivery vehicle to be used. If you do not tell us this information, your delivery may not be completed and the delivery will be aborted/cancelled. Please see our Refund Policy inline with Cancellations, Point.9 will apply (see 9 above).
 

17. FAILED DELIVERY

17.1 If the buyer:

  • a) fails to give us adequate delivery instructions and/or inform us that there are errors in the order acknowledgement and/or order confirmation relating to the delivery address details
  • b) fails to inform us that the agreed delivery day is not convenient and as a consequence you fail to take delivery of the good(s) whenever a delivery is attempted

Then without prejudice to any other right or remedy available by us, we reserve the right to and will seek to recover all transportation costs for the return trip back to the main warehouse, and/or any re-delivery fee as set out in point 9 will apply.

18. RE-DELIVERY

18.1 The seller can arrange a re-delivery of the product to the buyer The cost of any re-delivery will need to be paid in full by the buyer before dispatch, as shown in Point 9.

18.2 Alternatively, you may arrange carriage at your own expense for the re-delivery of the good(s) to you Please ensure that your chosen delivery company use adequate protective packaging Any damage or loss will be the responsibility of the buyer, and we regret that no refund or replacement can be offered by the seller as a result of the negligence of the buyers' chosen delivery company.

18.3 The cost of the return delivery, re-delivery or admin fee will need to be paid for in full by the buyer before the product(s) are dispatched again.

18.3 Product(s) will remain the responsibility of you the customer until they are re-delivered to your address.

19. RESPONSIBILITY FOR GOODS

19.1 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 or at an alternative address 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, shortages or incorrect goods supplied must be noted on the delivery consignment note at the time of delivery.

20. LIMITATION OF LIABILITY

20.1 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.

20.2 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.

20.3 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.

21. COMPLAINTS AND DISPUTES

21.1 If the buyer has a complaint about the goods or service, the buyer should contact Heli-Beds, the seller by:-

  • post - sent to the address below
  • e-mail to sales@helibeds.co.uk
  • telephone on   01793 388605
  • the seller will try to respond in writing to the buyer's complaint within 14 working days of receiving it.

22. TRADE MARKS

22.1 All trademarks, company names or logos displayed on this website are the property of their respective owners, and no part of it can be copied or used without written authorisation.

23. COPYRIGHT

23.1 All the website design and the selection and arrangement thereof, Copyright 2007 by Beds By Bedtime Limited t/a Heli-Beds All rights reserved.
 
24. YOUR SECURITY
During your purchase from this website you agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

Beds By Bedtime Limited is a company registered in England & Wales Registered Office at:-

Peregrine c/a
Old Bank
The Triangle
Paulton
Bristol
BS39 7LE

Company Reg No: 6614037
VAT Reg No: 947 1677 85
Telephone  01793 388605