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Terms and Conditions

Terms and Conditions

 

We are Mode Beds Ltd. (registration number: 10370212) of 26 Howard Road, Southville, Bristol BS3 1QE.

 

These are the terms and conditions on which we will supply the products to you and what to do if there is a problem.

 

We encourage you to read these terms in their entirety before placing an order with us. They apply to your use of our site www.modebeds.co.uk and any purchases you make via the website.

 

If you have any questions then you can contact us at hello@modebeds.co.uk.

 

1. Definitions

1.1 For the purpose of these terms, the following words shall have the following definitions:

(i) ‘we’, ‘our’ or ‘us’ refer to Mode Beds Limited;

(ii) ‘you’ or ‘your’ refer to the person using our site to buy Products from us;

(iii) ‘Parties’ refers to both Mode Beds Limited and you;

(iv) ‘Product’ or ‘Products’ refer to any Mode product, bed or mattress

(v) ‘Terms’ refer to the terms and conditions set out in this document

 

2. General

2.1 By accessing our site or purchasing Products on our site you agree to be legally bound by these Terms and any documents referred to therein. Our Cookie Policy and Privacy Policy, delivery information, returns information (as detailed on our website) and any information contained in our post-order correspondence with you, all form part of the contract for sale between the Parties as though set out in full here.

 

2.2 You may only buy Products from our site for non-business reasons. If you want to buy our Products for your business you should contact us at hello@modebeds.co.uk to discuss our business terms.

 

2.3 Products shown on our website or promotional materials are for illustrative purposes only. Our Products may vary slightly from their pictures. We have made every effort to display the colours accurately, however we cannot guarantee that your computer’s or device’s display of the colours, or the printed pictures accurately reflect the colour of the Products. Your Products may vary slightly from those images displayed.

 

2.4 Product sizes may vary slightly from their stated dimensions by up to 2cm, in line with standard manufacturing tolerances.

 

2.5 The packaging of the Product may vary from that shown in images on our website.

 

3. Ordering Products

3.1 When placing an order on our website, please read and check the details carefully before submitting it. You have the right to review and amend your details prior to concluding the contract. Although we may be able to amend details relating to you order after your order has been made, we are under no obligation to do so.

 

3.2. When the checkout process has been completed and the order is placed, you will receive an email acknowledgement that the order has been received. This acknowledgement does not amount to our acceptance of your offer to buy.

 

3.3 We reserve the right to not accept your offer to buy for reasons including, but not limited to the following;

(i) the Products are unavailable;

(ii) we cannot authorise your payment, for fraud/security reasons or otherwise;

(iii) you are not allowed to buy the Products from us;

(iv) we are not allowed to sell the Products to you;

(v) you have ordered too many Products;

(vi) there has been a mistake on the pricing or description of the Products (where permissible under applicable law);

(vii) we are unable to fulfil the order.

 

3.4 We reserve the right to refuse to sell any Product to any person. We will not refuse to sell a Product to you without a reason.

 

3.5 A legally binding contract will only exist between the Parties where we have received payment in full and you have received a shipping confirmation email. At this point, the contract is active and we will begin production and arrangements to dispatch the Products to your stipulated delivery address.

 

4. Payment

4.1 Our prices may change at any time but price changes will not affect orders we have confirmed with you.

 

4.2 Our prices listed on the website are inclusive of VAT.

 

4.3 The price of the Products are listed and payable in pounds sterling (£)(GBP).

 

4.4 We accept payment via credit cards and debit cards via the Stripe payment platform and we accept payments made via Paypal.

 

4.5 We take all reasonable steps to ensure all information provided by you during payment is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, we will not be liable for any loss that you may incur in the unlikely event that a third party gains unauthorised access to any information you provide to us.

 

4.6 Where you have paid by credit or debit card, the card will be charged at the time your payment is approved by us. However, all payments by credit card or debit card need to be subsequently authorised by the relevant card issuer.

 

4.7 If you have paid for Products which we cannot supply we will refund you as soon as possible and in any event within 7 working days of notifying you.

 

4.8 If your payment has not been received by us in full then we will be entitled to reschedule or delay your delivery to ensure your balance is settled before the goods are delivered.

 

5. Discount Codes and Special Promotions

5.1 Any special promotion or discount code offered by us in relation to our products (whether in the form of a percentage discount, value discount or free product) is offered on the basis of goodwill and Mode reserves the right to refuse to apply any special promotion or discount code subject to clauses 3.3 and 3.4.

 

5.2 Discount codes are not transferable to any other person and are not redeemable for cash or credit.

 

5.3 Where you seek to return any Product[s] purchased under any of our bundles, your refund will be calculated as the retail price of the Products[s] being returned, less the total value of any discount received.

 

6. Delivery

6.1 We can only deliver Mode Products to mainland UK addresses.

 

6.2 Delivery of Mode Products is free within the mainland UK.

 

6.3 For more information on our delivery process visit our website. https://www.modebeds.co.uk/delivery-returns/.

 

6.4 The estimated date for delivery of the Products will be set out in the Shipping Email and will be within 6 weeks of the Order Confirmation. The specific time window for delivery will be made known to you by the delivery company. A 4-6-hour delivery window will be given for the Products. It is possible to change the delivery slot with the delivery company if required.

 

6.5 If you want us to deliver to a different address you should notify us by email or telephone. In such an event, we make no guarantee that we will be able to change the delivery address in time for the Product to be delivered to the changed address.

 

6.6 Changing your delivery address after the contract exists may cause your order to be delayed as we may, at our discretion, require extra fraud/security checks.

 

6.7 In the unlikely event that something outside of our control affects the estimated date of delivery, we will notify you of the revised estimated date for delivery of the Products as soon as possible. Nothing in this clause affects your legal rights to cancel the contract.

 

6.8 Delivery will be effective from the time that the Products are delivered to the address provided by you in the ordering process. Responsibility for the Products passes upon completion of effective delivery.

 

6.9 We accept no liability for the conduct of any third-party delivery company employee when delivering Mode Products.

 

6.10 Bed delivery will be made by two persons to a room of your choice and Products will be fully assembled. Deliveries should be taken by an adult as staff will need to enter the property in order to deliver and assemble the Product.

 

6.11 We advise that you are present during the time of delivery and assembly to ensure that you receive the Product directly. Delivery and assembly is estimated to take between 1.5 and 3 hours, please leave sufficient time to receive the Products.

 

6.12 If nobody is available to take delivery, please contact us using the contact details at the bottom of this page.

 

6.13 Unless otherwise mutually agreed, if we cannot deliver your Products within 16 weeks of your order, we will notify you by email; cancel your order and give you a full refund.

 

6.14 If you have confirmed a delivery date and time but are not present to receive the Products on the delivery day then we reserve the right to charge £50 for re-delivery to help recover some of the costs.

 

7. Removal of Furniture

7.1 We offer an option to remove an existing bed and/or mattress upon delivery of the Products. There is an additional charge for this service which is available during check-out.

 

7.2 We will make reasonable effort to remove existing items. If after reasonable effort is made by both You and Us the furniture is unable to be removed it does not constitute for grounds of cancellation. We will not remove doors or windows, take apart or re-assemble items in another room and under no circumstances can we take any soiled goods.

 

8. Right to Cancel and Return

8.1 As a statutory minimum you have the right to cancel any contract for sale with Mode and return any Products within 14 days of delivery of those Products without giving any reason.

 

8.2 Should you wish to return a Product then any Product must remain in good condition (not broken, marked, misused or soiled in any way) on return. We reserve the right to refuse goods which are not in a suitable condition, or to offer a reduced refund.

 

8.3 To exercise your right to cancel, you must clearly notify us of your intention to cancel within 14 days of the date of delivery by email. Such a notice should include: your name; address; order number; date of order; date that your product was received and reason for cancellation or return.

Please note, the Mode address listed is for notification purposes only – please do not return any products to this address.

 

9. 40 Night Sleep Trial

9.1 As a goodwill gesture, we agree to extend your right to cancel your order of a Mode Mattress, for any reason, up to 40 days. All we ask is for you to tell us the reason for your cancellation. Failure to provide a reason may delay the collection of your mattress, but ultimately will not void your right to return the mattress under the 40-night sleep trial.

 

9.2 A return can only be requested after 30 nights of use have elapsed. We insist on 30 nights use, as it can take this long for your body to adjust to your new bed and for the fillings to settle.

 

9.3 The period to cancel expires at 24:00 on the 40th day since the date the mattress was delivered.

 

9.3 This right must be exercised within the 40-day period by using the model cancellation set out at the bottom of these terms.

 

9.4 Following a notice of your intention to cancel, collection must be arranged and executed not later than 14 days from the date that you notified us of your intent to cancel. Failure to arrange collection may, save any exceptional circumstances (which must be communicated to us), invalidate your right to cancel the contract.

 

9.5 A collection charge of £49 will be applied to cover some of the costs of returning and recycling the mattress.

 

9.6 We ask that the mattress must be kept in good condition (not marked, misused or soiled in any way) so we insist on the use of a mattress protector during the 40 night sleep trial. We reserve the right to refuse goods which are not in a suitable condition, or to offer a reduced refund.

 

9.7 This policy is not transferable and only the original purchaser of the mattress bought either directly through the website or through any authorised partner is entitled to claim.

 

9.8 You may only make and cancel a mattress order once under the 40-night trial. Any subsequent mattress ordered will not have the 40-night trial period, but you will still as a statutory minimum have the right to cancel any contract for sale with Mode and return any Products within 14 days of delivery of those Products without giving any reason.

 

9.9 Where a claim is made under the 5 year mattress warranty or your statutory rights (contained in Clause 10), and a replacement mattress is delivered to you, your 40 night trial will be paused and will continue upon receipt of the replacement. Claims under these rights will not limit your entitlement to 40 nights (in total) to trial the mattress (or any replacement).

 

9.10 The 40-night trial is offered on the basis of goodwill and as such we reserve the right to refuse the 40 night trial, including without limitation, where an individual is associated with a mattress manufacturer/brand or where we reasonably consider that the system is being abused by a customer who makes and cancels multiple orders without a legitimate reason.

 

9.11 The 40-night trial applies to mattresses only and no other Mode Products. The sleep trial is limited to one mattress per household.

 

9.12 Provision of the 40-night trial does not affect your legal rights to cancel the contract under Clause 8.

 

10. Refunds and Returns

10.1 If you cancel your contract for sale of a Product in accordance with Clauses 8 (under your statutory rights) or 9 (under the 40-night trial), subject to these terms, we will refund you all payments received from you in relation to the contract, including the costs of delivery, except for any supplementary costs and/or any costs deducted in accordance with clauses 9.5, 9.6, 9.8, 9.9, 9.10 and 9.11.

 

10.2 Where as a good will measure you have received a partial refund for late delivery or other issues with the order process, the value of the partial refund will be deducted from the value of any full refund you would have been entitled to upon seeking to return the Product.

 

10.3 Where you have ordered Products under any of our special promotions and been supplied with an additional Product for free or at a discounted price, you are entitled to either return all Products and receive a full refund, or alternatively you may keep the additional Product and be refunded for the value of the returned Product minus the cost of the additional Product.

 

10.4 We will refund you without undue delay, and not later than:

(i) 14 days after the day we received back from you any Products supplied, or

(ii) If earlier, 14 days after the day you provide evidence that you have returned the Products, or

(iii) if there were no Products supplied, 14 days after the day on which you notified us of your intention to cancel the contract.

 

10.5 We will make the reimbursement using the same means of payment you used for the initial transaction, unless expressly agreed otherwise.

 

10.6 Where you wish to return any Product[s] purchased in an order and a discount code has been applied, such discount will always be deducted from the value of your refund first. The refund you are entitled to will be the retail price of the Product[s] being returned minus the value of the discount applied.

 

10.7 If you have received a mattress or bed base, the date for collection must be no later than 14 days from the day on which you communicate your cancellation. Upon being notified of your cancellation we will agree a date for collection with you. You will need to be present for the collection and/or disassembly of the Products. Failure to communicate with us to arrange collection within the period allowed may void your rights to return.

 

10.8 For mattress returns only we will send a returns bag for you to package your mattress prior to collection. You are responsible for packaging, sealing and passing the mattress to our third-party collection company. In the event that the Products have not been suitably packaged and sealed we reserve the right to offer a reduced refund.

 

10.9 All returned mattresses are subject to an administration charge of £49  to cover some of the costs of return and to go towards the cost of recycling products.

 

10.10 For bed returns, and bed with mattress returns, we will organise for the disassembly and collection of the Products from the room it was assembled in. Items will be inspected prior to disassembly, Products must remain in good condition (not broken, marked, misused or soiled in any way). We reserve the right to refuse goods which are not in a suitable condition, or to offer a reduced refund.

 

10.11 Bed returns, and bed with mattress returns, are subject to an administration charge of £90 to cover some of the costs of return.

 

10.12 If you have received a free mattress protector then this will need to be returned to 26 Howard Road, Southville, Bristol BS3 1QE via post at your own expense. Failure to return the mattress protector will result in a reduced refund/ charge of £50.

 

11. Nature of the Products

11.1 We undertake to ensure that all Products supplies to you meet Consumer Rights law which requires that, as a statutory minimum, Products supplied to you must:

(i) be of satisfactory quality;

(ii) be fit for purpose;

(iii) match the description, sample or model (subject to clause 2.3)

 

11.3 Any Products supplied to you at discount prices; as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

 

12. Faulty Products

12.1 As a consumer, you have legal rights in relation to Goods that are faulty. We are under a legal duty to supply Goods that are in conformity with this contract. For more information on these rights and what you should expect from us, please contact us using the contact details at the bottom of this page or, if you are a UK customer, visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06.

 

12.2 Under your statutory rights, should your product exhibit defects during its expected lifespan, you are entitled to:

 

(i) a full refund within 30 days of purchasing the Product;

 

(ii) a replacement or repair within 6 months of purchasing the Product. If this is not possible, then you will be entitled to a full refund; or

 

(iii) if the Products do not last a reasonable length of time, you may be entitled to some money back within 6 years.

 

12.3 Nothing in this contract affects your statutory rights. You may also have other rights in law.

 

13. Warranties

13.1 In order to deliver the best service possible Mode provides warranties for their Products via third-party company Homeserve. Full details of the warranty will be sent to the customer following delivery of the bed and/or mattress. The full terms and conditions of the warranty provided by Homeserve can be found HERE.

 

13.2 The third party warranty provided by Homeserve is a 5-year stains, accidental damage and structural warranty with any Mode Bed and/or Mode Mattress.

 

13.3 It is a condition of the mattress warranty provided by Homeserve that a mattress protector is always used.

 

13.3 Claims made under the warranty are made direct to Homeserve.

 

14. End of the Contract

14.1 Termination of this contract will not affect our right to receive any money which you owe to us under this contract.

 

14.2  We are not legally responsible for any losses that:

(i) were not foreseeable to the Parties when the contract was formed;

(ii) were not caused by any breach on our part;

(iii) are business losses; or

(iv) are losses to non-consumers.

 

14.3 For the avoidance of doubt, nothing in clause 12.2 limits our liability for death or personal injury.

 

15. Disputes and Complaints

15.1 We will try to resolve any disputes with you quickly and efficiently.

 

15.2 If you are unhappy with any Products supplied; your customer experience or any other matter please contact us as soon as possible by email at hello@modebed.co.uk, or by telephone on 01172872871 Monday to Friday 10am to 1pm.

 

15.3 These Terms are governed by the laws of England and Wales. Each of the paragraphs of these Terms operates separately. If any court or authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. You and We both agree to be subject to the non-exclusive jurisdiction of the English courts.

 

16. Third Party Rights

16.1 No one other than a party to this contract has any right to enforce any term of this contract in accordance with the Contracts (Rights of Third Parties) Act 1999.

 

17. Intellectual Property

17.1 The Mode logo is a registered trademark of Mode Beds Limited in certain jurisdictions throughout the world. Other unregistered trademarks are used throughout our website. Our website may also include registered trademarks owned by third parties – all those trademarks remain at all times the property of their respective owners.

 

17.2 Copyright subsists in all Mode’s webpages including the images and texts featured therein.

 

If you don’t understand any of this contract and/or want to talk to us about it, or want to discuss business to business sales, then please contact us by e-mail at hello@modebeds.co.uk, or by telephone on 01172872871 Monday to Friday 10am to 1pm.

 

Model Cancellation Form

 

NOTE: do not return beds or mattresses to the registered address.

 

(Complete and return this form only if you wish to withdraw from the contract – preferably by email: hello@modebeds.co.uk)

 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Reason,

Signature of consumer(s) (only if this form is notified on paper)

Date

 

[*] Delete as appropriate

© Crown copyright 2018.

For claims in writing: Mode Beds Limited (registration number: 09703422) of Monarch House, Smyth Road, Bristol BS3 2BX.

This address is for notifying us of your cancellation only, please do not return Products to this address.

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