Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY AS THEY APPLY TO THE GOODS WE PROVIDE TO YOU
1. About These Terms & Conditions
1.1. Laidback Beds Limited operates the website www.comfy-beds.co.uk
1.2. These Terms and Conditions represent a legally binding contractual Agreement between Laidback Beds Limited, (“Comfy Beds“, “Company”, “us”, “we” or “our”) and the Customer (“Customer” or “you”) and shall apply to all agreements for the supply of Goods by us. In addition to these Terms and Conditions, our Privacy and Cookies Policies apply to all contracts.
1.3. These Terms and Conditions are deemed incorporated and are applicable to every order or other arrangement in connection with the supply of Goods by us, unless otherwise explicitly agreed in writing.
1.4. If this Agreement is executed on behalf of a company or other legal entity or individual, the party accepting the Terms and Conditions shall warrant that they have the authority to bind such entity or individual to same. We reserve the right to verify an individual’s identity and also to carry out any checks we determine are appropriate in the circumstances.
1.5. These Terms and Conditions may be updated or otherwise amended without prior notice.
1.6. These Terms and Conditions shall always prevail in the event of a conflict with any statement, other document, or Agreement.
1.7. These Terms and Conditions shall apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2. About us
2.1. Laidback Beds Limited is registered in England and Wales under company number 10739856 and our correspondence address is Comfy Beds, 7 Crown St, Brentwood, Essex CM14 4BA.
2.2. Comfy Beds works with Klarna (www.klarna.com/uk) to be able to offer customers 12 months interest free credit on purchases. Credit terms will be subject to Klarna’s Terms of Service (see https://www.klarna.com/uk/terms-and-conditions). We shall not be responsible for any contractual terms between the Customer and Klarna. We reserve the right to change our authorised merchant without notice.
2.3. We shall use reasonable skill and care to ensure that we meet Customers’ expectations in accordance with these Terms and Conditions.
3.1. In these Terms and Conditions, the expressions below shall have the following meanings:
“Acceptance” means written confirmation given by Comfy Beds of an order received from the Customer which shall form a legally binding agreement under these Terms and Conditions;
“Agreement” means any agreement entered into between the Company and the Customer to which these Terms and Conditions shall apply;
“Customer” means the individual, company, or other legal entity with whom the Company agrees to provide the Goods;
“data protection legislation” means the Data Protection Act (2018), GDPR (General Data Protection Regulation 2016/679), PECR (Privacy and Electronic Communications (EC Directive) Regulations 2003) as amended or replaced, together with any related legislation;
“Goods” means the products to be supplied to the Customer by Comfy Beds;
“Personal Data” means all information that is personal to an individual that has the potential to identify the individual, as set out by data protection legislation applicable in the UK;
“Services” means the services to be performed for the Customer by Comfy Beds or an approved third party.
4.1. The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
4.2. A reference to an individual or person includes a corporation, partnership, Limited Liability Partnership, joint venture, association, authority, trust, state or government and vice versa.
4.3. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
4.4. The term “including” does not exclude anything not listed.
4.5. References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
5. Our Goods And Services
5.1. The Company shall supply the Goods as agreed with the Customer and confirmed by the Customer’s online Acceptance or e-signature in accordance with the Terms and Conditions set out in this Agreement.
5.2. We reserve the right to refuse to provide Goods to the Customer at our sole discretion.
5.3. We reserve the right to suspend the supply of Goods as we determine necessary.
5.4. We reserve the right to the right to add, delete or change some or all of the Goods available from us at any time without prior notice.
5.5. Any quotes given by us for the supply of Goods or Services shall be valid for a period of 30 days.
6. Customer Responsibilities
6.1. The Customer agrees to provide safe access to the premises as is necessary for the delivery of Goods under this Agreement.
6.2. The Customer shall fully indemnify the Company against any costs and claims from any third party resulting from the Customer’s acts or omissions in respect of the Services.
6.3. The Customer shall be responsible for all post-installation care of the Goods.
6.4. The Customer agrees to facilitate the delivery of Goods by providing car parking space for delivery vehicles and any parking permits required.
7. Sales literature
7.1. Price lists, catalogues, samples and any other promotional material supplied or otherwise displayed by Comfy Beds does not constitute contractual offers capable of Acceptance by the Customer. Prices shown in any such materials may be subject to change at any time prior to the Company and Customer entering into a binding agreement.
7.2. Any typographic, clerical or other error or omission in sales literature, Quotation or price list, Acceptance of offer, invoice or other document or information issued by Comfy Beds shall be subject to correction without any liability on the part of Comfy Beds.
8. Information And Advice
8.1. Advice, information and opinion given by any employee, agent or Director shall be without any legal responsibility.
8.2. Any recommendation or suggestion made by Comfy Beds in relation to Goods shall be made in good faith and it is for the Customer to determine the suitability and sizing of any Goods for a particular purpose or location and shall be deemed to have done so prior to placing an order.
9.1. Delivery of Goods by Comfy Beds shall be on a date advised to the Customer once the Goods are ready to be dispatched. If Comfy Beds, having used its reasonable endeavours fails to deliver or supply Goods by such date or dates whether or not binding, such failure shall not constitute a breach of Agreement. The Customer shall not be entitled to treat the Agreement as repudiated or to rescind it in whole or in part or claim compensation for such failure or for any consequential loss or damage resulting thereof.
9.2. Delivery of Goods shall only be confirmed if the Customer has paid the full amount due or otherwise agreed payment through Klarna.
9.3. Comfy Beds shall assemble Goods at the Customer’s premises if requested. Goods will be assembled in accordance with usual industry practice and to acceptable industry standards.
9.4. Comfy Beds undertakes to use reasonable endeavours to meet any dates and deadlines agreed with the Customer. However, unless expressly agreed otherwise in writing, such dates shall constitute only statements of expectation and shall not be binding.
9.5. Comfy Beds shall not be liable in any circumstances for the consequences of any delay or failure to deliver the Goods on a particular date or time in the event of inclement weather or other cause beyond our reasonable control.
9.6. Delivery of Goods shall be available to a mainland UK address. We are unable to deliver Goods to the Channel Islands or Scottish Highlands.
9.7. Delivery of Goods is fulfilled by our inhouse delivery team for local addresses. A third-party courier shall provide delivery to other locations as we determine. Delivery shall be to the door or to a room of choice. Delivery to the room of choice or room of choice shall be charged for where the order for Goods is under £299.
10. Risk And Title Of Goods
10.1. Once Goods are delivered the risk in the Goods shall pass wholly to the Customer.
10.2. The legal title to Goods supplied by Comfy Beds shall remain with the Company until payment in full in respect of all such Goods has been received in accordance with the Terms and Conditions of this Agreement.
10.3. Until title to Goods has passed to the Customer, the Customer shall maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
10.4. The Company, its servants or agents, shall be entitled, without prejudice to any of its rights, to recover the Goods, by entering upon the Customer’s premises for that purpose if payment is not received in full by the due date.
11. Defective Goods
11.1. The Company does not warrant that Goods are free from minor errors not materially affecting performance. Such errors shall not be rectified in the absence of a prior written agreement to the contrary.
11.2. Save as provided by clause 11.1, the Customer shall be responsible for notifying us of any flaws or defects in the Goods and such notification must be received by Us within 3 working days of delivery of the Goods.
11.3. We do not include any collateral warranty as to Goods or the performance of our Services.
12. Charges And Payment
12.1. The Customer shall make payment to Comfy Beds on time and in accordance with the terms specified in this Agreement or as otherwise agreed in writing.
12.2. Payment in full must be received by us prior to the delivery of Goods, unless we have accepted payment through our merchant provider, Klarna.
12.3. We accept payment for online orders of Goods by debit/credit card (through Stripe) and PayPal. Payments in-store are accepted in cash, by cheque or debit/credit card.
12.4. All Charges are inclusive of VAT to be charged at the prevailing rate. Our vat registration is 284662374.
12.5. All payments under this Agreement shall be paid in full and the Customer shall not be entitled to make any setoff, deduction or withhold payments, except as required by law or as expressly agreed with us.
13. Cancellation And Refunds
13.1. Save as custom-made orders, Goods may only be cancelled within 48 hours of placing an order. After this period, any Goods cancelled will incur a charge of 50% of the order amount. This does not affect the customer’s statutory rights.
13.2. Custom-made orders cannot be cancelled once we accept the order and work is commenced to the customer’s specific requirements.
13.3. Comfy Beds reserves the right to cancel any order if we are unable to provide Goods, where these are unavailable for any reason.
13.4. All refunds are subject to our acceptance and shall be processed within 14 days of acceptance. We shall confirm any refund due to a Customer in writing and refunds will be made using the same method of payment as used at the time of purchase.
14. Late Payments
14.1. If the Customer fails to pay any sum due under this Agreement or any other Agreement between the Company and the Customer on its due date then the Company shall be entitled to immediately suspend all orders including delivery of Goods. Any costs or expenses incurred by reason of such delay shall be charged to the Customer.
14.2. The time stipulated for payment shall be of the essence and failure to pay any invoice due within the period specified shall, in the absence of a written explanation from the Customer that has been duly accepted by the Company, render the Customer in material breach of the Agreement.
14.3. If payment is otherwise due it shall become automatically due immediately on the commencement of any act or proceeding in which the Customer’s solvency is involved.
15. Limitation Of Liability
15.1. Nothing in these Terms and Conditions shall limit or exclude the Company’s liability to the Customer for death or personal injury resulting from its own or that of its employees, agents or subcontractors for negligence, fraud or fraudulent misrepresentation in respect of which it would be unlawful to exclude or restrict liability.
15.2. The Company’s total liability to the Customer in respect of all other losses arising under or in connection with this Agreement, whether in contract, tort, breach of statutory duty or otherwise, shall not exceed the price or amount paid by the Customer under the Agreement.
15.3. The Company shall not be liable to the Customer in any civil proceeding brought by the Customer against the Company under any Health and Safety Regulations, except where such exclusion of liability is prohibited by law.
15.4. Nothing in this Clause 15 shall confer any right or remedy upon the Customer to which it would not otherwise be legally entitled.
16.1. This Agreement shall (subject to any other agreement to terminate the Agreement at an earlier date), terminate automatically on completion of the provision of the Goods and payment of all Charges in full.
16.2. Without prejudice to any other provision contained within these Terms and Conditions, either party may terminate this Agreement by notice in writing to the other party in any of the following events:
16.2.1. the Customer commits a material breach of the Agreement which is incapable of remedy; or
16.2.2. the Customer commits a material breach which is capable of remedy but which the Customer fails to remedy within 14 days of written notice by the Company specifying the breach and requiring its remedy.
16.3. Comfy Beds and the Customer may by notice in writing to the other terminate an Agreement if the other shall have a receiver or liquidator appointed, shall pass a resolution for winding up (otherwise than for the purpose of amalgamation or reconstruction), if a court shall make an order to that effect, if the other party shall enter into composition or arrangement with its creditor(s) or shall become insolvent. Such an event shall be deemed to be a material breach incapable of remedy.
17. Consequences Of Termination
17.1. Any termination of the Agreement howsoever caused shall not affect any accrued rights or liabilities of either the Company or the Customer arising out of the Agreement.
17.2. On termination of the Agreement all provisions of the Agreement shall cease to have effect, save as to any provision which can reasonably be inferred as continuing or is expressly stated to continue which shall continue in full force and effect.
18.1. Comfy Beds shall divulge Confidential Information only to those employees who are directly involved in the delivery of Goods and Services to the Customer and shall ensure that such employees are aware of and comply with their obligations in relation to Customer confidentiality.
19. Data Protection
19.2. Comfy Beds shall put in place the technical and organisational measures necessary to ensure that Personal Data is protected against accidental or unlawful loss, destruction, damage, unauthorised access, use, modification, disclosure or other misuse.
19.3. Comfy Beds shall only transfer Personal Data to a country outside of the EU if a finding of adequacy has been made in respect of the relevant country or, in the absence of a finding of adequacy, use an approved means to safeguard Personal Data as permitted under the GDPR;
19.4. The Customer accepts and acknowledges that, in order to deliver the Goods effectively and/or to meet the requirements of the Agreement, the Company may, from time to time, need to transfer Personal Data to a country outside of the EEA. If personal data is transferred outside of the EEA, we will take appropriate steps to ensure that such data is safeguarded in accordance with the provisions of applicable data protection legislation.
19.5. The Customer acknowledges and accepts that third party contractors may provide certain services to the Company and the Customer consents to Personal Data being processed by such third parties. The Company shall ensure that all third-party contractors are under a contractual obligation to process Personal Data in accordance with Data Protection Legislation. The Company will remain liable to the Customer for the acts and omissions of such third-party contractors as if such acts and omissions were those of the Company.
20. Privacy Rights
20.1. As permitted under Data Protection Legislation, we will store a Customer’s data for as long as necessary in order to provide our Services. Information associated with a Customer’s account will be kept for no longer than is needed for the purposes agreed, except where it is required for another legitimate purpose.
20.2. We may retain Personal Data from closed accounts in order to comply with legal requirements, prevent fraud, collect any fees owed, resolve disputes or problems, assist with any investigations, enforce our Terms and Conditions, and to take any action permitted by law. We retain the right to respond to legal requests as necessary, which may include the disclosure of Personal Data.
20.3. We do not pass Customer’s information to any third parties except those who have contractually agreed to abide by our service Terms and Conditions. Personal data will not be used or sold outside of the agreed Terms and Conditions.
20.4. Any Personal Data supplied to us may be stored and processed by our servers located in the EU, or any other country that provides suitable and adequate security measures to protect the data. Data may be transferred in accordance with the relevant data protection law.
21.1. Any notice pursuant to the Agreement shall be in writing signed by an officer of the Company or other authorised representative. Notices shall be delivered personally, sent by prepaid recorded delivery or by fax to the party due to receive such notice at the address of the party as notified when entering into the Agreement.
21.2. Any notice delivered personally shall be deemed to be received when delivered. Any notice sent by prepaid recorded delivery shall be deemed (in the absence of evidence of earlier receipt) to be received 48 hours after posting.
22. Third Party Rights
22.1. The Customer may not assign the obligations of this Agreement to any other party unless agreed with the Company in writing. Comfy Beds may assign the Agreement and any benefits or obligations thereof at any time with notice to the Customer.
22.2. Any entity who or which is not expressly a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement and the provisions of the aforementioned Act are expressly excluded.
23.1. In the case of any complaint or dispute arising out of this Agreement, you should submit your concern to us in writing to our correspondence address or by email to firstname.lastname@example.org We will endeavour to respond to emails received within 48 hours.
24.1. A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
24.2. The rights and remedies of either party under an Agreement shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by the other party nor any failure or delay by the other party in asserting or exercising any such rights or remedies.
25.1. If at any time one or more clause, paragraph, subparagraph or any other part of this Agreement is held to be, or becomes, void or otherwise unenforceable for any reason under any applicable law the same shall be deemed omitted and the validity and / or enforceability of the remaining provisions of the Agreement shall not in any way be affected or impaired.
26.1. No variation in the provisions of this Agreement shall be of any effect unless made in writing and signed on behalf of the Customer and the Company.
27. Entire Agreement
27.1. This Agreement sets out the full extent of Comfy Bed’s obligations and liabilities in respect of the supply of the Goods. All conditions, warranties or other terms concerning the Goods which might otherwise be implied into this Agreement or any collateral contract (whether by statute or otherwise) are hereby expressly excluded.
28. Force Majeure
28.1. In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout, the party shall not be deemed to be in breach of its obligations under the Agreement. The affected party shall notify the other party without delay and inform the other of the period for which it is estimated that such failure or delay will continue. The party agrees to take all reasonable steps to resume performance of its obligations as soon as possible. The affected party agrees to take reasonable steps to mitigate the effects of the force majeure event.
29. Governing Law And Jurisdiction
29.1. This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
29.2. The parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement.