Terms & Conditions
Please read these Terms and Conditions carefully before ordering any Products from our site. When placing an order, you will be invited to agree to these Terms and Conditions by ticking the box marked "I agree to the terms and conditions". If you don't accept the Terms and Conditions by ticking this box, you will not be able to order any Products from our site.
We recommend that you print a copy of these Terms and Conditions for future reference.
1. INFORMATION ABOUT US
Deluxecomforts.co.uk is a site operated by Deluxe Comforts Ltd (we, our, us). We are registered in England and Wales under company number 10111148.
2. SERVICE AVAILABILITY
Our site is intended for use by people resident in mainland Great Britain. We do not accept orders where delivery is required to locations outside mainland Great Britain.
3. YOUR STATUS
By placing an order on our site you warrant that:
you are legally capable of entering into binding contracts;
you are at least 18 years old;
you are resident in and require delivery to one of the locations set out in our delivery section here; and
you are accessing our site from within Great Britain.
4. ORDERING PRODUCTS
After placing an order online and clicking "complete order", we will take payment for your order; you will then receive an email from us acknowledging that we have safely received and accepted your order. The contract between us (our Contract) will only be made when we send you the email confirming acceptance of your order.
All items are subject to stock availability. We will inform you as soon as possible if, for any reason, the Products you have ordered are not available. Please note that, on rare occasions, stock may become unavailable after we have accepted your order. In such circumstances, we may need to cancel the Contract with you. In such circumstances, if we have taken payment from your credit card or debit card we will refund the amount paid by you in full and we will thereafter have no other liability to you.
6. ORDERING ERRORS
You are able to make changes to your order up to the point at which you click on the "complete order" button at the end of the checkout process. Please take the time to read your order carefully before you click the "complete order" button.
The price of the Products will be as quoted on our site, except in cases of obvious error. Please be aware that these prices include VAT and delivery costs unless expressly stated otherwise.
Due to the large number of Products on our site it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our order-handling procedure so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of the rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have accepted payment and/or sent you an order acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
We may accept payment through PayPal (if available) and with the following credit or debit cards: Visa credit and debit cards, MasterCard credit and debit cards, Switch/Maestro debit cards, Delta debit cards and Visa Electron cards. We do not accept cash, cheques or gift vouchers as payment online or payment through PayPal. By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct. Notwithstanding that an order may not have been accepted, we will process your credit or debit card details immediately after you place your order.
Please note that delivery of the Products to you is conditional upon payment first having been made in full.
We aim to deliver all orders within 28 days of acceptance of the order but give no guarantee of delivery within this period. If you are located in a remote area, delivery may take a little longer. Deluxe comforts will contact you with delivery details should we be unable to deliver within 28 days. Please see here for more information on delivery areas. Please note that we may deliver your order in stages.
When you have chosen the Products you want to buy from us, the delivery address will default automatically to the billing address you have entered for your payment card. If you want us to deliver your order to a different address, you can choose this option as you go through the checkout process. Although we will make every reasonable effort to ensure your Products are delivered within the timescales given above, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting our delivery partners. Where your delivery is delayed by unforeseen circumstances we will work with our delivery partners to get your Products to you as soon as possible. We do not refund delivery charges (if any) in such circumstances.
10. RETURNS AND CANCELLATION POLICY
If you are contracting with us as a consumer (rather than as a business), you may cancel a Contract at any time up to 14 calendar days starting on the day after the day on which you receive the Products. If your order is delivered in stages you may cancel at any time up to 14 calendar days starting on the day after the day on which you receive the final part of the delivery. Provided you comply with these Terms and Conditions and take reasonable care of the Products, you will receive a full refund of the price paid for the Products in accordance with our returns policy (set out in below).
To cancel a Contract, you must inform us either by phoning 0800 689 3293 or by sending an email to email@example.com. Should you choose to contact us over the telephone or via email please include details of your order to help us identify it, such as your order number, name and address. We will contact you to confirm we have received your cancellation.
If the Products have been processed for delivery or have been delivered at the time you notify us of your wish to cancel the Contract, then the Products must be returned to us at your own risk and cost. We will arrange for the Products to be collected from you either by us or by a third party and will incur a charge of £60.
You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. You will be liable for the cost of any reduction in the value of the Products that was caused due to not taking reasonable care of them. Following the collection of the Products from you, we will check that reasonable care has been taken of the Products.
Subject to our being satisfied that reasonable care has been taken of the Products, we will process the refund to you as soon as possible, and, in any case, within 14 days following the day on which you have given notice of your cancellation of the Contract. In these circumstances, we will refund the price of Products in full, including the cost of sending the item to you via standard delivery.
If you have cancelled the Contract and the Products have not been delivered, then we will process the refund due to you as soon as possible and, in any case, within 14 days of the day following the day on which you gave us notice of cancellation of the Contract.
If you cancel the Contract for any other reason (for example, if you think the Products are defective or they do not match their description), we will collect the Products from you and examine the returned Products. We will notify you of our decision regarding a refund within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund. Products returned to us because of a defect will be refunded in full, including a refund of the delivery charges for sending Products to you and any charge we may have levied for the collection of the Products (subject to confirmation of the fault and provided that the Products have been treated by you in accordance with the manufacturers' guidelines and care instructions), we shall not have any other liability towards you.
In all cases, please ensure that the dispatch note is returned with the Products as proof of purchase. We recommend that you take a copy for your own records. We will refund you using the same method you used to pay for the Products.
Unfortunately we cannot stop an order once it's been confirmed by us. If you change your mind about your order after this point you can return the Products to us in accordance with this returns policy.
Nothing in these Terms and Conditions of Sale affects your statutory rights in respect of defective Products.
11. RISK AND TITLE
The Products will be at your risk from the time of delivery even if you have given us notice that you wish to cancel the Contract. Ownership of the Products will only pass to you at the time of delivery.
12. YOUR INFORMATION
13. OUR LIABILITY
We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
If we fail to comply with these Terms and Conditions, we are responsible to you for the loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions. Loss or damage is foreseeable if it is an obvious consequence of our breach of if it was contemplated by you and us at the time we entered into the Contract.
This does not affect your statutory rights. Nothing in these Terms and Conditions excludes any liability for death or personal injuries caused by our negligence or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
If you wish to purchase our Products as a business please contact us to agree a contract.
14. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control including Acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving Deluxe Comforts LTD employees), failure or delay on the part of a sub-contractor or supplier or acts of local or central Government or other competent authorities. This does not affect your statutory rights.
If any of these Terms and Conditions is held to be invalid, the remaining Terms and Conditions shall continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT
These Terms and Conditions and other notices elsewhere on our website contain the whole agreement between us and you relating to the supply of Products. No other terms or conditions will form part of the Contract, unless agreed by us in writing and signed by an authorized Deluxe Comforts Ltd employee.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to the Terms and Conditions in force at the time that you order Products from us therefore we recommend that you check these Terms and Conditions each time you order any Products.
You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the order confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
18. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Deluxe Comforts Ltd by sending an email to firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail. That such e-mail was sent to the specified e-mail address of the addressee.
20. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
21. LAW AND JURISDICTION
Contracts for the purchase of Products through our site are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. However, if you are a resident of Scotland, you may bring proceedings in Scotland.