Terms and Conditions of Online Sale
The following terms and conditions are incorporated into and form part of any contract between the Company and the Customer for the supply of Goods, unless otherwise agreed in writing. This includes orders placed online or by telephone.
These Terms and Conditions were last updated on 12 January 2021.
“Company” means Superior Lifestyle Limited (12 50 46 15).
“Customer” means the original purchaser of Goods or any person acting on behalf of and with the written authority of the original purchaser of Goods.
“Goods” means any product supplied to the Customer including bed bases and mattresses.
“VAT” means any applicable tax on goods and services pursuant to Value Added Tax Act 1994.
“Price” shall mean the Price payable for Goods and services in British pound sterling as agreed between the Company and the Customer and specified on the sales order. Unless otherwise stated, the Price shall be inclusive of VAT. A VAT exemption may apply to qualifying products. Please email firstname.lastname@example.org for more information.
2.1 The Company makes every effort to display as accurately as possible the design, colours, sizes, specifications and features of its Goods on its website, emails and printed collateral. The Company cannot guarantee that the Customer’s computer monitor and/or the printed collateral will be accurate.
2.2 Occasionally, there may be information that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, features, pricing, promotions, offers, fees and availability. The Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information provided is inaccurate at any time without prior notice.
3. Order Process
3.1 The Customer must be over 18 to place an order via our website or by phone or instore. An order constitutes a binding offer by the Customer to purchase the specific Goods, but is not binding on the Company until it is formally accepted.
3.2 Once the Company is in receipt of cleared funds, has confirmed stock availability and confirmed details of the Customer are correct in every respect, the Company will arrange for the delivery of the Goods to the nominated shipping address.
3.3 The Company formally accepts the Customer’s offer either by delivering the Goods or sending confirmation that the Goods have been dispatched (via email, SMS or post).
3.4 The Company may refuse to accept or fulfil any order in its absolute discretion, including without limitation where:
there is a pricing or descriptive error when the order is placed;
the Customer’s payment is refused;
the Company does not have sufficient stock to deliver the Goods;
the Company does not offer delivery to the nominated shipping address or the Company has other concerns with the address provided.
3.5 Where an offer is refused, the Company is not obliged to offer any compensation for loss or disappointment suffered by the Customer. The Company will, however, issue a full refund of any payment collected.
3.6 The Company will take all reasonable care to keep the Customer’s order and payment details secure, but will not be held liable for any loss the Customer may suffer if a third party procures unauthorised access to their personal details.
4.1 The prices payable for Goods may be disclosed on the Company’s website, by phone or instore. The Company may charge an additional sum for delivery and assembly services. The total Price payable by the Customer will be confirmed before the submission of payment details.
4.2 All prices displayed on the Company website or discussed by phone or instore are inclusive of VAT.
4.3 If the Customer qualifies for, and wishes to take advantage of, a VAT exemption, the Customer must email email@example.com for more information. The VAT exemption applies only to qualifying products (not fees for service).
5.1 The Company accepts payment by cash, credit or debit card (Visa, MasterCard, PayPal), bank transfer and any other method it deems acceptable.
5.2 Unless the Company accepts in writing payment of a deposit and the balance owing at a later date, in respect of all orders, payment of the total Price must be made when the order is placed and before Goods are dispatched or collected and/or services are rendered.
5.3 Payment is only received by the Company when cash or proceeds of other payment methods are credited and cleared to the Company’s bank account. If the Customer’s card issuer or payment service provider refuses to authorise payment, the Company will not be liable for any delay or cancellation of the Customer’s order.
5.4 Where payment is not received in full or the order is cancelled at any time after payment of a deposit, the Customer agrees that the deposit (or a reasonable percentage of the deposit) will be forfeited in full to cover any administrative costs or loss suffered by the Company (including costs of delivery if Goods have been dispatched).
5.6 The Company may offer credit facilities for Goods purchased online, by phone or instore. Credit facilities are from Social Money Limited, a third party provider. Please email firstname.lastname@example.org for more information.
6. Title and Risk
6.1 All Goods will remain the property of the Company until such time as payment of the total Price has been made by the Customer.
6.2 The Company will be entitled to repossess the Goods delivered where the Customer defaults in payment of the total Price.
6.3 All risk in the Goods will pass to the Customer upon delivery or collection (including all risks associated with loading and unloading the Goods).
7. Delivery and Installation or Collection
7.1 The Company is only able to deliver a product within England, Scotland and Wales. If the Customer is outside these delivery zones, they can email email@example.com for more information including delivery, assembly fees and rubbish removal fees.
7.2 The Company is only able to deliver products between Monday and Friday (excluding bank and other public holidays) to a person over the age of 18. Once an order is dispatched, the shipping address cannot be changed.
7.3 The Company will take all reasonable steps to meet the estimated timeframe for delivery. However, the date for delivery is an estimate only. Many factors (some of which are beyond the Company’s control) can affect these timeframes. The Company reserves the right to amend the estimated timeframe for delivery without notice.
7.4 Customers must inform the Company of any special circumstances relevant to delivery and installation (such as low bridges, narrow lanes, small door frames, steps, etc).
7.5 The Customer may incur additional fees for alternative delivery arrangements including without limitation failed delivery attempts, a failure to provide proper access instructions or a change to the shipping address after dispatch.
7.6 Upon delivery or collection, the Customer must inspect the Goods and check for correctness of condition, quality, quantity, colours, patterns and sizes prior to installation or use. Subject to the Customer’s rights under English law, the Customer will be deemed to have accepted the Goods unconditionally on delivery or collection.
7.7 Although the Company and its couriers will endeavour to do so, it cannot guarantee that it will be able to relocate any existing furniture at the delivery address (and any such request is at the Customer’s risk); and/or deliver the product to a precise location within the premises at the delivery address.
7.8 The Company regrets that it is not able to take away or dispose of any furniture (including, without limitation, any existing mattress).
8. Warranties & Repairs
8.1 The Customer agrees only to use the Goods for their normal and proper use and not to alter or modify or otherwise interfere with them. The Customer agrees to follow the instructions supplied with the Goods and not to use the products in a careless or negligent manner.
8.2 Subject to any exclusions specified at the point of sale or expressed in writing, the Company warrants that the Goods will be free from defects in material and workmanship for the periods specified in the Warranties Brochure, commencing from the date of delivery or collection. The Warranties Brochure can be accessed by visiting www.superior-lifestyle.co.uk/help.
8.3 If Goods are damaged on delivery or develop a fault within the warranty period, the Customer agrees to notify the Company in writing by emailing firstname.lastname@example.org with proof of purchase and a brief description of the problem.
8.4 The Company may request further information including photographs and videos, or request to physically inspect the Goods before accepting a claim for warranty. The Customer agrees to liaise with the Company and participate in any troubleshooting tutorials over the phone. If the Customer is physically unable to participate in any troubleshooting, they agree to find another person is capable and can carry out instructions by the Company.
8.5 The Company is entitled to repair any defect covered by warranty in satisfaction of its liability and will charge a standard call out fee for any in-home repair of Goods after the first 12 months of purchase. If the Company discovers that the Goods are not damaged or faulty, the Company may charge the standard call out fee within the first 12 months of purchase.
8.6 If the Company is unable to repair the Goods, the Company will replace the Goods with an equivalent product. If the Company is unable to replace the Goods, the Company may, at its sole discretion, offer a full or partial refund of any monies paid for the Goods to the Customer. A refund will not be processed until the Goods have been received by the Company.
8.7 Where Goods have been delivered and assembled by the Company or its nominated courier, and the Customer later moves the Goods, the Company takes no responsibility.
9. Right of Withdrawal
9.1 The following terms only apply where the Customer places an order on the website or by phone. These terms do not apply where Goods have been personalised or manufactured according to the Customer’s specifications, or where Goods are not suitable for return due to public hygiene and safety reasons (including mattresses).
9.2 The Customer may cancel their order for Goods without any reason within fourteen (14) calendar days after the date of taking possession of the Goods. To do so, the Customer must notify the Company of their decision to withdraw from this contract before the expiry of the deadline.
9.3 Where a Customer validly withdraws from this contract:
the Company will refund any sums paid by the Customer, and any provider of credit facilities, in respect of the total Price for the Goods as well as any delivery charges. This excludes any supplementary costs applying to alternative delivery arrangements other than the standard delivery option. The Company will carry out the refund using the same payment method used for the original transaction (unless otherwise expressly agreed). The Company may withhold reimbursement until it has received the returned Goods or until the Customer has provided proof of return (whichever is earliest);
the Customer will be liable for returning the Goods at their own cost and must be able to demonstrate that the Goods were sent within fourteen (14) days from the date of notice of withdrawal. If the Customer fails to return the Goods within this deadline, the Company may offer in its sole discretion to collect the Goods and charge a collection fee of £185 (£148 plus VAT);
the Customer has a statutory duty to take reasonable care of the product until it is returned. This extends to returning the Goods in their original condition with the same packaging material and instructions supplied on delivery. The Customer will only be liable for (and the Company may deduct from the refund) any diminished value of the Goods resulting from use or handling of the Goods, other than what is necessary to establish the nature, characteristics and functioning of the Goods.
9.4 The Customer may also be entitled to cancel their order if they have purchased Goods for which the Company offers a “trial” promotion as indicated on the website or otherwise made known to the Customer in a telephone or instore discussion. For full terms and conditions of any trial promotion, please email email@example.com. To avoid doubt, “trial” promotions are only offered on mattresses.
10. Returns Policy
10.1 Where a Customer is entitled to return their Goods (under clause 8.6 or 9) and requires the Company to collect the Goods, they will be liable to pay a minimum charge of £185 (£148 plus VAT). On receipt of payment, the Company will issue a designated date for collection of the Goods. If the Customer requires a specific date and/or time for collection, additional charges may apply. If collection is arranged but the Customer does not make the products available for collection, an additional charge of £185 (£148 plus VAT) will be payable for the failed return.
10.2 The Goods must be returned in the condition in which they were delivered, remain in their original boxes and with all packaging material, brochures and instruction material enclosed. The Customer must ensure they obtain a proof of postage receipt. Where the Customer does not have the original packaging and cannot repackage the Goods to prevent damage during transit, they may order suitable packaging at a cost of £100 (£80 plus VAT).
10.3 The Customer will not be entitled to return Goods that have been soiled, damaged or mistreated in any way since delivery to the Customer. If Goods are received by the Company in a soiled or damaged state, the Company reserves the right to re-deliver the Goods to the Customer and pursue payment in full. Where the Customer refuses to accept delivery of the Goods, the Company may dispose of the Goods.
10.4 The Customer will also not be entitled to return Goods if they were aware a product was faulty when they bought it or they have damaged a product trying to repair it themselves.
11.1 The Customer agrees to indemnify the Company, its directors, officers, employees and agents from all liabilities, losses, damages, costs or expenses incurred or suffered by the Company or the Customer, and from all actions, proceedings, claims or demands made against the Company or the Customer arising from:
the Customer’s failure to comply with any applicable law, rules, standards, regulations or instructions applicable to the Goods or use of the Goods; and/or
any negligence of breach by the Customer and/or its employees, agents or contractors in relation to the Goods or use of the Goods.
12.1 If any part of these terms and conditions are deemed unenforceable, the enforceability of any other part of these terms and conditions will not be affected.
12. 2 The Company reserves the right to assign or sub-contract any or all of its rights and obligations under these terms and conditions. These terms and conditions are personal to the Customer and are entered into by the Customer for their own benefit and not the benefit of any third party.
12.2 These terms and conditions of sale, together with any applicable policies, set out the entire agreement relating to the order by you, either using the Website or by phone or instore, of any product from us and supersede any and all previous agreements between you and us relating to your use of the Website and/or to the order by you of that product.
12.2 These terms and conditions shall be governed by and construed in accordance with English law and any disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
Important: If you do not agree with these terms and conditions, please do not place any orders with us through the Website or by phone.