Millbrook Boat Mattresses Terms and Conditions of Sale
www.millbrook-boat-mattresses.com (the “Website”) is owned and operated by Millbrook (UK) Ltd and the expressions “we” and “us” and “our” mean Millbrook (UK) Ltd (Company Number 1728009). Our registered office and trading address is at, Calmore Industrial Park Totton, Southampton SO403XJ. Our VAT registration number is 631581255
These terms and conditions (the “Conditions”), together with:
- where you order through the Website, the online order form; or
- where you order over the phone, the details you provide us with over the phone; or
- where you order in person during a visit by us, any paper order form that you complete the (“Order”)
form our agreement with you (“Contract”) for the purchase of boat mattresses and other goods and/or services on the Website (“Products”).
1. The Order sets out all the details of the Products that you are purchasing.
2. The Conditions set out items such as payment arrangements, amendments and what happens if you need to cancel.
Please read these Conditions carefully. We recommend that you print off a copy of these Conditions because they are easier to read in paper form. We also recommend that you keep a copy for your records. These Conditions are only available in the English language.
To make these Conditions easy to understand we have explained some of the words. If a word begins with a capital letter then this means the word has been defined earlier in the document in speech marks (“ “). We do understand that you may feel uncertain about reading a legal document. We are always happy to assist and can be contacted by telephone (0800 988 3799) or by email from http://www.millbrook-boat-mattresses.com/contact-us
Please note that your use of the Website will be governed by our separate terms and conditions of use which can be found at http://www.millbrook-boat-mattresses.com/terms.
For the purposes of these Conditions, “Working Day” means any day other than a Saturday and Sunday but excluding bank and public holidays in England.
1.1 When you register on our Website you may create a customer username. We will issue you with a password and confirm the customer username that you have selected, or if you choose a customer username that is in use or inappropriate, you will be asked to choose another customer username.
1.2 You must at all times keep your password and customer username confidential and you must notify us immediately of any unauthorised use of your customer username or password, or of any breach of security known to you. We can require you to change your customer username and/or password for security reasons at any time. If you wish to change your customer username and/or password you may contact us and do so.
1.3 You are responsible for all activities which occur under your customer username and password, save where such activities occur as a result of our negligence or fault.
2 SUPPLY OF PRODUCTS
2.1 If you purchase Products from us on our Website, you will be asked to accept these Conditions on registration and before you submit any Order.
2.2 We only supply Products to individuals resident in the mainland United Kingdom. We do not accept Orders from individuals outside of the UK mainland. Unfortunately we do not currently supply Products to Northern Ireland or the Republic of Ireland.
2.3 We only supply Products for purchase by adults and we do not sell to children. If you are under 18, you may use the Website only with the involvement of a parent or guardian.
3 PLACING AN ORDER
3.1 The Products displayed on the Website and information about the Products and the prices on the Websites are an invitation to place an Order only and do not constitute an offer by us to you to purchase the Products.
3.2 When you order via the Website, an Order is placed when you click the “Confirm Order” button on our order form and the placing of such Order will constitute an offer by you to purchase the Products subject to these Conditions. You should review the Order and correct any incorrect details before pressing the “Confirm Order” button.
3.3 We shall acknowledge receipt of an online Order with an acknowledgment email. This is not an order confirmation or an order acceptance by us.
3.4 An online Order shall only be accepted by us when you receive a confirmation email from us which, subject to the provisions of Condition 3.6, shall create a Contract. The date of the Contract shall be the date on which we issue the confirmation email.
3.5 We may reject your Order for any reasonable reason, for example, incorrect or incomplete information, a declined credit or debit card, or lack of availability. If we are unable to accept your Order we will notify you by email.
3.6 Acceptance of your Order is not a guarantee by us of the availability of the Products and all acceptances are conditional on availability of the Products.
3.7 If the Products which you have ordered are not available we shall inform you of this as soon as possible but in any event within fourteen (14) days of the date you placed your Order.
3.8 If you receive a confirmation email for an Order which you did not place, or if the details in the confirmation email do not match the Order which you placed or intended to place, you must contact our customer services department at email address or 0800 988 3799 to cancel the Order or correct the details.
4 CANCELLATION AND RETURNS
4.1 If you are contracting as a consumer you are entitled to a statutory cooling off period allowing you to cancel the Contract:
(a) in relation to any Products which are physical goods, and which are not perishable or tailor made for you, at any time within seven (7) Working Days of receiving the Products; or
(b) in relation to Products which are services, at any time within seven (7) Working Days of confirmation of the Order; or
(c) where the confirmation email and such additional information as required by law is provided after delivery of physical goods or, in the case of Products which are services, the Contract is concluded (as applicable), ten (10) Working Days after the confirmation email and additional information is provided.
4.2 Where you cancel your Contract within the cooling off period we will promptly refund to you any payment you have made and in any event within 30 days of cancellation, provided the Products are returned undamaged and in the original packaging and that the Products have not been specifically tailored to your specifications, or personalised, or the Products by their very nature cannot be returned or are liable to deteriorate. We will also refund to you the cost of sending the Products and/or any items to be supplied in respect of the Services to you but you shall be responsible for the cost of returning the item to us.
4.3 If you want to make changes to the Contract outside of the statutory cooling off period, then we will try to accommodate any reasonable request, but please note that sometimes we are restricted by availability, legal or other operational reasons and that changes may be subject to agreeing a price change. Please contact us by telephone (0800 988 3799) or by email from http://www.millbrook-boat-mattresses.co.uk/contact-us
to make changes or to cancel. Where we have agreed to make any changes we will confirm those changes and the agreed changes to the price to you by email within two working days.
4.4 We make all mattresses according to the measurements and materials choices you provide us or select on the Website. You can find information and tips on how to measure on the Website, or by contacting us. Please make sure your measurements are correct and accurate. Unfortunately, since mattresses are made to order, there is no statutory right to cancel orders for our mattresses (or any other tailor made Products sold on the Website).
5. VARIATION OF PRODUCTS
5.1 We reserve the right in our absolute discretion to make any changes to the Products and/or Services which do not materially affect the quality or nature of the Products and/or the Services.
5.2 The images of the Products on the website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. 5.3 Although we make every effort to be as accurate as possible, because our mattresses are handmade, all sizes, weights, capacities, dimensions and measurements indicated on the Website or made to order have a tolerance of +/- 2 cm.
6. PRICE AND PAYMENT
6.1 The price displayed is in pounds sterling (unless otherwise stated) and is inclusive of VAT and does not include delivery charges which will be added to the total amount and will be shown when you make an Order and on the confirmation email. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
6.2 Whilst we make every effort to ensure prices and information accessible via the Website are accurate, complete and up to date, we cannot guarantee this. We do reserve the right to correct any mistakes without liability to you. We will email you if the Contract is affected by a mistake and you will have the right to cancel the Contract. If you cancel you will receive a full refund of the price paid by you.
6.3 We will require payment at the time of placing the Order. Payment is due on completion of the Order and must be made in Pounds Sterling (UK) and can be made by using any major UK credit card or debit card shown on the Website. Any such payments will be refunded if your Order is rejected or the Contract is cancelled.
6.4 Payment by any UK credit card or debit card is subject to authorisation by the credit card issuer. If such authorisation is refused to us, we will not be liable for any delay or non-delivery of the Products and the Contract will be deemed to be cancelled. If this happens we will notify you of the cancellation by email.
7. DELIVERY, RISK AND TITLE
7.1 Delivery of the Products shall be made to the address in the UK that you provide in the Order, or such other address that we may agree in writing. Risk of damage to or loss of the Products shall pass to you at the time of posting.
7.2 If you fail to take delivery of the Products:
(a) delivery will be deemed to have taken place on the date for delivery;
(b) risk in the Products will pass to you; or
(c) we may (without prejudice to any of our other rights) dispose of the Products.
7.3 We will endeavour to deliver the Products within ten (10) Working Days of you placing the Order with us or such alternative date (not earlier) specified by you but you acknowledge that it may not always be possible to deliver the Products within this timeframe (particularly if you have ordered Products which constitute services) and you agree that delivery of the Products may take longer. Any dates or times for delivery of the Products quoted by us are estimates only. If you are a consumer and the Products are not delivered within 30 days of you placing the Order you may cancel the Contract by telephone (0800 028 0020) or by email from http://www.millbrook-boat-mattresses.co.uk/contact-us
and any payments you have made will be refunded.
7.4 We reserve the right to deliver the Products in instalments and in such event each instalment shall be treated as a separate Contract.
8. WARRANTIES AND LIABILITY
8.1 We warrant to you that Products purchased from us through the Website are of satisfactory quality and reasonably fit for all the purposes for which goods of this kind are commonly supplied and any services that we provide to you are performed with reasonable care and skill. This does not alter your responsibility to ensure that, where you have provided us with measurements for mattresses, such measurements are accurate.
8.2 If you are a consumer, then, subject to Condition 8.4 we will be responsible for any losses you suffer as a result of us breaching these Conditions if the losses were reasonably foreseeable to both you and us at the time the Contract for the relevant Products is made. If you are a business, then we will be liable for any direct losses you suffer as a result of us breaching these Conditions.
8.3 If you are a consumer, we will not be liable for any indirect or consequential loss that is not reasonably foreseeable to both you and us when the Contract was made. If you are a business, we will not be liable for any indirect or consequential loss or for any business loss (including loss of profits, contracts, income or revenue, anticipated savings, data, goodwill or wasted expenditure).
8.4 Our liability to you and your liability to us in connection with any Products ordered will not exceed an amount equal to the price paid or payable by you for the Products ordered (if you are a business) or five times the price paid or payable by you for the Products ordered (if you are a consumer).
8.5 If you are a consumer, nothing in these Conditions excludes or limits our liability for breach of the warranties in clause 8.1. Whether you are a consumer or a business, nothing in these Conditions excludes or limits in any way our liability for death or personal injury caused by our negligence, fraud, or for any other liability that cannot be lawfully excluded or restricted.
8.6 We guarantee that on delivery and for a period of two years from delivery, the Products shall be free from material defects. This guarantee does not apply to any defect in the Products arising from fair wear and tear; wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; if you fail to operate or use the Products in accordance with any user instructions issued by us; any alteration or repair by you or by a third party; and any specification provided by you. This guarantee does not affect your statutory rights.
9. EVENTS OUTSIDE OUR CONTROL
We may cancel the Contract if an event outside our reasonable control makes it difficult to provide the Products in accordance with the Contract, and we shall not be in breach of these Conditions if we do cancel due to such an event. As soon as we become aware of the need to cancel the Contract we will contact you by email setting out our reasons for cancellation. You will receive a full refund of the price paid by you.
10. DATA PROTECTION
11. PROMOTIONAL DISCOUNTS
11.1 From time to time we may offer promotional discounts in respect of certain Products on our Website. These promotional discounts will be subject to availability of the relevant Products and are not an indication of availability.
11.2 All promotional discounts offered by us shall be subject to these Conditions together with any applicable additional terms and conditions, rules and instructions. Where there is a conflict between these Conditions and any additional terms and conditions, rules and instructions these Conditions shall apply.
12.1 We may transfer the Contract to any person or ask any person to fulfil any aspect of it as long as the performance of the Contract is not affected.
12.2 An entity which is not expressly a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions.
12.3 If any of the numbered terms in these Conditions is found to be void or unenforceable, such invalidity or unenforceability shall not affect the remainder of these Conditions.
12.4 We reserve the right to make changes to these Conditions at any time. Your Contract will be governed by the version of these Conditions in force at the time that you placed your Order.
12.5 These Conditions and the Contract shall be governed by and construed in accordance with the laws of England in the English language, and any court proceedings must take place in the English courts.
Version 5.0 – 01/11/2012