Terms & Conditions of Sale

1.1.    INTRODUCTION

1.1    These Terms and Conditions of Sale (together with the Terms and Conditions and Privacy Policy) set out the terms and conditions on which we supply any of the goods ("Goods") listed on our website www.fortywinksbeds.co.uk (the "Website") to you.
1.2    Please read these Terms & Conditions carefully before ordering any Goods from the Website. You should understand that by ordering any of our Goods, you agree to be bound by these Terms & Conditions.

2.    INFORMATION ABOUT FORYT WINKS BEDS

2.1    The Website is owned and operated by Forty Winks Bed Company, whose registered office is at whose registered office is at 25-27 Camp Road, Farnborough, GU14 6EN, United Kingdom. The terms “we”, “our” and “us” when used in these Terms means Forty Winks Bed Company (“Forty Winks Beds”).

3.    HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

3.1    You may place an order to purchase the Goods advertised for sale on the Website by clicking on the relevant Goods and following the on-screen instructions.
3.2    When placing an order you will be asked to provide your name and contact details (including your email address) and your delivery address.  After placing an order, we will send you an email acknowledging that we have received your order and setting out a summary of your order. Please note this email is an acknowledgement of receipt of your order only and does not mean that your order has been accepted by us. Your order amounts to an offer to us to buy the relevant Goods. Your order will be subject to acceptance by us, and we will confirm such acceptance to you by sending you a separate email confirming that the Goods have been dispatched to you (the "Confirmation Email"). Non acceptance of an order may be a result of one of the following; the product you ordered being unavailable from the manufacturer; our inability to obtain authorisation for your payment; the identification of a pricing or product description error.
3.3    The contract between us will only be formed when we send you the Confirmation Email.  The contract will relate only to those Goods whose dispatch we have confirmed in the Confirmation Email. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Confirmation Email.

3.4.    PRODUCT DESCRIPTION

3.4.1    We take all reasonable care to ensure that all product details, descriptions and prices that appear on the website are correct at the time when entered onto the system. Although we aim to keep the website as up to date as possible, product descriptions may not always reflect the position exactly at the time you place an order. 
3.4.2    We cannot confirm the price of a product until your order is accepted in accordance with our Non Acceptance policy.
3.4.3    We reserve the right to modify or withdraw, temporarily or permanently, this website with or without notice. 
3.4.4    Whilst we try our utmost to ensure that all details including prices displayed on this website are correct and up to date, however, we cannot guarantee this.

Please note illustrations of products may not always fully reflect the supplied item and may be subject to variations, eg mattress fabric colour/pattern and natural wood finishes.

4.    PRICE AND PAYMENT

4.1    The price of each of the Goods will be as set out on our Website from time to time, except in cases of manifest error.  We shall be entitled to amend the price of any Goods at our sole discretion from time to time, but no such amendment will affect orders in respect of which we have already sent you a Confirmation Email.
4.2    The prices on the Website include VAT (if applicable) but exclude delivery costs, which will be added to the total amount due once you have selected a delivery service from the available options when you place your order.
4.3    We shall not complete your order until you have paid for it in full.  Payment must be by valid credit or debit card and is subject to such specific payment terms as we may notify to you when you make payment, including which cards we accept.
4.4    Payment can be made by any of the following methods: MasterCard, Visa, Delta, Switch or Maestro.
4.4    By using a credit or debit card to pay for your order, you warrant that you are entitled to use the card.  All credit and debit card transactions are subject to authorisation by the relevant card issuer. If your card issuer does not authorise payment we will not accept your order and we will not be liable for any delay or non-delivery.
4.5    We do not store credit card details nor do we share customer details with any 3rd parties.

5.    DELIVERY

5.1    We will deliver the Products to you in accordance with the delivery option specified by you when you placed your order.

6.    RISK AND OWNERSHIP

6.1    Once delivered, the Goods will become your responsibility and, except in relation to Goods that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss or damage after they have been delivered.
6.2    Ownership of the Goods will pass to you on the later of:
6.2.1    delivery of the Goods to you; or
6.2.2    receipt by us of full payment of all sums due in respect of the Goods, in cleared funds (including delivery charges).

7.    CANCELLATION RIGHTS FOR CONSUMERS

7.1    This clause 7 applies to you if you are ordering Goods in your capacity as a consumer rather than as a business.  If you are ordering the Goods as a business, this clause 7 does not apply to you.
7.2    You may cancel your order (or any part of it) within seven working days after the date of delivery by notifying our Customer Service team at sales@fortywinksbeds.co.uk.  If we have already dispatched the unwanted Goods to you, you must immediately return them to us unused and in their original packaging at your risk and at your cost. however we will arrange collection of the product if required at a cost of £100. If you wish us to collect the product, please let us know and we will notify you within 21 days with a convenient date as to when the product will be collected. 
7.3    You must return the Goods to our address at: 25-27 Camp Road, Farnborough, GU14 6EN, United Kingdom.  You have a legal obligation to take reasonable care of the unwanted Goods while they are in your possession. If you wish to try a mattress, we request the original sealed plastic covering be left on. However in the case of roll-up mattresses, please use a suitable covering and ensure the mattress is kept in its original condition until the product is returned.
7.4    Reasonable costs may be deducted from your refund if the returned goods are not saleable as new, for example, because of any damage to them. 
7.5    If a refund is payable to you, we will process the refund as soon as possible, and, in any case within thirty (30) days of the day you give written notice of cancellation.  We will pay the money to you using the same method originally used by you to pay for your purchase.

8.    RETURNS

8.1    If you return any Goods claiming they are defective, we will examine the returned Goods and, if we consider they are defective, we will notify you of your refund via email within a reasonable period of time.
8.2    If applicable, we will process the refund due to you as soon as possible and, in any case within thirty (30) days of the day we confirm via email that you are entitled to a refund for defective Goods.
8.3    Nothing in these Terms and Conditions affects your statutory legal rights.

8.4.    MANUFACTURES GUARANTEE

8.4.1    All the products on our website are subject to a one year Manufacturers Guarantee other than where stated differently.
8.4.2    You are requested to check all products on delivery and any defects must be promptly reported to our Customer Service Team by telephone on 01252 543000 between 9am - 5pm Monday to Saturday.

9.    OUR LIABILITY

(a)    Forty Winks Bed's limitation of liability in respect of consumer users
9.1    If you are using this Website as a consumer, and not as a business user, then clauses 9.2 to 9.4 shall apply.  
9.2    We shall not be liable to you for any loss or damage which is not a reasonably foreseeable result of your order and/or use of the Goods, including:
9.2.1    third party loss;
9.2.2    loss of income or revenue; or
9.2.3    loss of profits.
9.3    Our liability for any losses you may suffer as a result of us breaching these Terms and Conditions or for any breach of any statutory duty or negligence or otherwise is strictly limited to the total purchase price of your Goods.   
9.4    Nothing in these Terms and Conditions shall exclude or restrict any liability for death or personal injury arising from the negligence of Forty Winks Bed or for any liability which cannot be excluded or limited by law.
(b)    Forty Winks Bed's limitation of liability in respect of business users
9.5    If you are ordering Goods as a business user, then clauses 9.6 to 9.8 shall apply.  
9.6    To the maximum extent permitted by law, neither we nor any of our directors, employees or other representatives will be liable for any of the following losses or damage (howsoever arising and whether such losses were foreseeable or not):
9.6.1    loss of profit;
9.6.2    loss of revenue;
9.6.3    loss of business or commercial opportunity;
9.6.4    loss of data;
9.6.5    loss of goodwill; and/or
9.6.6    any indirect, consequential or special loss.
9.7    Our liability for any losses you may suffer as a result of us breaching these Terms and Conditions or for any breach of any statutory duty or negligence or otherwise is strictly limited to the total purchase price of your Goods.   
9.8    Nothing in these Terms and Conditions shall exclude or restrict any liability for death or personal injury arising from the negligence of Forty Winks Bed or for any liability which cannot be excluded or limited by law.

10.    WRITTEN COMMUNICATIONS

10.1    All notices given by you to us must be given to us at sales@fortywinksbeds.co.uk.  We may give notice to you at either the email or postal address you provided to us when placing your order.  Notices by email will be deemed to have been received at the time of transmission and, in the case of post, 48 hours from the date of posting.  

11.    EVENTS OUTSIDE OUR CONTROL

11.1    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by any event outside our reasonable control (a “Force Majeure Event”).  
11.2    A Force Majeure Event includes (without limitation) the following:
11.2.1    strikes, lock-outs, working to rule or other industrial action;
11.2.2    civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
11.2.3    fire, explosion, storm, flood, earthquake, volcanic eruption, subsidence, epidemic or other natural disaster;
11.2.4    impossibility of the use of public or private telecommunications networks; and/or
11.2.5    the acts, decrees, legislation, regulations or restrictions of any government.
11.3    Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to provide a suitable alternative date on which you can enjoy the Experience.  

12.    GENERAL

12.1    If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12.2    Any waiver by Forty Winks Bed of a breach of any provision of these Terms and Conditions shall not be deemed to be a waiver of any subsequent breach of any provision.
12.3    These Terms and Conditions (together with the Terms and Conditions of Use and Privacy Policy)  constitute the entire agreement between us in relation to their subject matter and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.  The parties agree that, save as expressly set out herein, neither party has relied on a statement or representation made by the other and neither party will have any liability for any untrue statement or representation made by it (whether innocently or negligently) upon which the other party relied in entering into these Terms and Conditions, unless such untrue statement or representation was made fraudulently.  These Terms and Conditions shall prevail over any inconsistent terms and conditions in any other agreement between the Parties or referred to in correspondence or elsewhere and any conditions or stipulations to the contrary are hereby excluded and extinguished.

13.    LAW AND JURISDICTION

13.1    These Terms and Conditions shall be governed by and construed in accordance with the laws of England.  By using the Website, you accept that any dispute under these Terms and Conditions (including non-contractual claims or disputes) shall be subject to the exclusive jurisdiction of the English courts to which you submit.

14.    FURTHER INFORMATION

Further information on these Terms or any queries on them can be obtained from Forty Winks Bed Company at: 25-27 Camp Road, Farnborough, GU14 6EN, United Kingdom. 
Telephone: +44 1252 549707  Email:sales@fortywinksbeds.co.uk.

15. Queries

If you have any queries in regard to these Terms of Sale please don’t hesitate to contact us.