You agree to be bound by the terms and conditions as laid out belowand they will govern each Order that You place with us. Each Order is aseparate legally binding contract. You should read these terms andconditions carefully and make sure You understand them.If a provision in these terms and conditions is found to be invalid orunenforceable by a court it will not affect the validity of the remainingprovisions.These terms and conditions are governed by the laws of England andWales and do not affect your statutory rights.

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1. DEFINITIONS:
1.1 In these terms and conditions and Your sale agreement (which wasgiven to You on the day You purchased the Goods), the following wordsshall have the following meanings:”You” or “Your” means the person named in the Order to whom we aresupplying the Goods in accordance with these terms and conditions;”We”, “Us” or “Our” means Apley Beds Limited, 12 Castle Acre Road,Leegomery, Telford TF1 6QZ;”Order” means Your order for the Goods;”Goods” means all products listed in the Order;“Made to Measure” mean any Goods that are made to specific, non-standard dimensions as determined by You; and”Delivery” means the delivery of the Goods to the delivery addressspecified in the Order.
2. ORDERS:
2.1 These terms and conditions apply to Orders placed online, over thephone or through a brochure only. To view our terms and conditions foritems purchased instore, please visit our website on the store T&C’spage .
2.2 It is your responsibility to check:
(a) the dimensions of all goods to ensure that they will fit into yourproperty; and(b) that additional services requested (such as assembly or disposal)are clearly noted in the Order. These will be shown separately. If theyare not included in the Order then these services have not beenpurchased and will not be provided. These can be added by contactingCustomer Services on 03301332807.
2.3 A confirmation of your Order will be sent automatically by e-mail orpostal service and, unless You are notified to the contrary within 48hours of this confirmation, the Order will be deemed to be accepted byApley Beds LTD.
3. GOODS:
3.1 The description of the goods will be as specified within the Order.
3.2 You should be aware that:
(a) all sizes given are approximate and stated bed and mattress sizesrefer to the sleeping surface only;
(b) mattress sizes may vary slightly from their stated dimensions due tomanufacturing tolerances; and
(c) comfort grading is for guidance only.
(d) When placing a mattress on a bedstead please note that theremaybe a gap around the edges; this is to allow for rotation & bedding.3.3 We guarantee (the “Guarantee”) that for 12 months from the date ofDelivery, the Goods will:
(a) be of satisfactory quality;
(b) be fit for the purpose for which they are designed and supplied;
(c) be free from material defects in design, material and workmanship;and
(d) comply with all applicable statutory and regulatory requirements forselling the Goods in the United Kingdom.
3.4 The Guarantee covers normal domestic home use only and does notapply to any defect in the goods arising from fair wear and tear, wilfuldamage, accident, negligence by You, commercial use, failure to followour written instructions regarding care of the goods, or any alteration orrepair to the goods which You carry out without our prior writtenapproval.
3.5 If You inform us that the goods have breached the guarantee, we willarrange an inspection to verify this. If this inspection finds that the goodshave not breached the guarantee, We will decline any further action, butprovide full details of the reasons for the decision. You will have directaccess to any reports completed by the inspection specialist.
3.6 If You would prefer to use an inspection service of your choosing,then this must be done at your cost. Any inspection service used mustbe a recognised, independent specialist and we must agree in writing tothem carrying out the inspection.
3.7 In the rare event that goods are found to have breached theguarantee, we will follow a fair and fast process. We will either repair orreplace the goods free of charge. Alternatively, We may (if we choose)provide a full refund of the price paid by You for the goods. We will doour best to agree with You which remedy would be most appropriate.
3.8 The guarantee shall apply to any repaired or replacement goods wesupply to You.
4. EXTENDED GUARANTEES:
If You have purchased an extended guarantee with your goods, theseguarantees are subject to their own terms and conditions, which arestated on the guarantee paperwork.
5. EX-DISPLAY ITEMS:
5.1 If You have purchased ex-display items, the price of these itemsreflects the fact that they may have sustained fair wear and tear andthey cannot be returned or refunded unless faulty. In addition, thesegoods cannot be ‘comfort exchanged’ nor are they covered by our pricepromise.
5.2 If an ex-display item is deemed to have breached the guarantee, Wewill choose to either repair the item or refund the price paid for the item,as ex-display items cannot be replaced with a full price item.5.3 It is Your responsibility to check that ex-display items are in asatisfactory condition when placing your Order and You must arrange forcollection of the goods within a reasonable time (usually within 7 days ofOrder).
6. PRICE AND PAYMENT:
6.1 Full payment is required at the time the Order is placed and ApleyBeds Limited will collect this using the debit/credit card details suppliedby the buyer.
7. PRICE PROMISE:
Our price promise applies to any undelivered bed or bedroom furniturefor 28 days from purchase. If You see the same bed as on your Order inanother retailer at a cheaper price (excludes specialist online ‘only’retailers and outlet stores) We will refund the difference + £10.00. Theprice promise is subject to Us verifying the lower price.
8. DELIVERY AND COLLECTION
8.1 Delivery of the Goods will incur a separate charge of £4.95 if Ordervalue is less than £100.
8.2 Delivery will be made to the delivery address specified on the Orderand any changes to a delivery address must be supported bydocumentary evidence. You must notify us at least 72 hours prior toDelivery of any delivery amendments. Any amendment however smallmay lead to an increase in lead-time or change of delivery date.
8.3 We can deliver to the majority of postcodes in mainland England,Scotland, Wales, and the Highlands and Islands but We may be unableto deliver to some locations. Please contact Us for more details.
8.4 Delivery dates and lead times are given in good faith but are subjectto change. Most delivery lead times start from the date of Order.However some exceptions apply when only a deposit is paid with Order.Please contact Customer services for details.
8.5 If, as a result of circumstances beyond our control, we are orreasonably believe that we will be unable to complete Delivery of theGoods, we will be entitled to cancel the Order and will provide You witha full refund of all amounts paid.
8.6 Delivery will be deemed to have taken place when the Goods havebeen delivered to the address set out in the Order. Delivery is to theroom of Your choice at the delivery address. We do not need to satisfyOurselves that the person accepting delivery at the agreed address isauthorised by You to accept the Goods.
8.7 If we are unable to complete Delivery due to the Goods not fitting inthe required room at the delivery address, You may Order a differentproduct as a replacement for the Goods. In these circumstances:
(a) You must pay the difference between the price of the Goods and anyreplacement product which is of higher value;
(b) You shall not be entitled to a refund of the difference between theprice of the Goods and any replacement product which is of lower value;and
(c) You must pay a delivery charge of £39 and our reasonableadministration costs.
8.8 The Goods may require some assembly. If you have purchased anassembly service, this will be carried out by a provider selected by Us. IfYou have not purchased this service, it is Your responsibility to assemblethe Goods. Please note that the availability of assembly services isdependent on the post code being delivered to.
8.9 You should inspect the Goods carefully upon Delivery. If assembledby Us or our provider at the delivery address, Goods will be deemedaccepted once assembled unless You inform us otherwise at the time.Where Goods are not removed from their packaging or You haveotherwise not had a reasonable opportunity to inspect the Goods onDelivery, the Goods will be deemed accepted 7 (seven) days afterDelivery.
8.10 We will notify You in writing or verbally once the Goods are readyfor Delivery or collection. If You fail to collect or take Delivery of theGoods on the agreed date, we will not store the Goods for any reasonfor longer than 28 days.
8.11 If You fail to pay the full price of the Goods or fail to take Delivery orto collect the Goods within 28 days of the scheduled delivery date, Wewill be entitled to cancel the Order and You must pay all amounts statedin the Order in addition to our reasonable administration costs, whichmay be up to 20% of the cost of the Goods. This charge may, at least inpart, reflect the price at which we are able to resell the Goods.
9. DISPOSAL:
9.1 The collection and disposal of Your old beds/mattresses is anadditional and chargeable service. All items for disposal must bewrapped as securely as possible in the green bag provided by Us at thetime of Order. We reserve the right to refuse collection if items for arenot wrapped or are still assembled in the property.
9.2 Under no circumstance should items for disposal be left exposed tothe weather and become wet or soiled. We reserve the right to refusecollection in this instance. In addition Our delivery service driver mayrefuse to collect such items if they are reasonably concerned aboutcontamination of other customer orders on his vehicle. In this instance afull refund of the charges for the disposal will be given but You will beresponsible for the disposal of such items.
10. RISK AND OWNERSHIP:
10.1 Responsibility for and ownership of the Goods passes to You oncethe Goods are Delivered or collected.
10.2 Where You have decided to pay through Our finance options,responsibility for and ownership of the Goods will only pass to You inaccordance with the terms of Your finance documentation.
11. CANCELLATION:
11.1 The Buyer may cancel the goods at any point after placing theirOrder, but no later than 14 days from the day of delivery. Intention tocancel can be notified to Apley Beds Limited by:Using the contact us formCalling Customer Services on 03301332807Writing to us at Apley Beds Customer Services, 12 Castle Acre Road,Leegomery, Telford TF1 6QZContact us through the Apley Beds Contact CenterMade to Measure Items (see definitions) cannot be cancelled once theOrder has been accepted by Apley Beds Limited.Due to the hygiene aspects associated with some items (e.g.mattresses, pillows, mattress protectors, duvets), we reserve the right toreject cancellation if these items have been used. This does not apply ifthe items in question are found to be faulty.Buyers can open the packaging to inspect a product on delivery, but, ifthey are then rejected, the Buyer must take good care of the Goods untilthey are collected by Apley Beds Limited (or their agents).The Goods must be unused, in their original condition and madeavailable for collection at a time agreed with Apley Beds LTD. Thecollection date should not exceed 21 days from the cancellation date.Apley Beds LTD will levy a collection charge of £39 for collection of theGoods. This will be deducted from the refund value of the Goods.Alternatively the Buyer may return the Goods (at the Buyers cost) intheir original condition and adequately packaged to prevent damage to:Apley Beds Limited, 12 Castle Acre Road, Leegomery, Telford TF1 6QZ.Following collection or return, if the Goods are found to be damaged(and the damage is not the result of our actions), Apley Beds will seek torecover the cost of remedying the damage from the Buyer
12. REFUNDS:
12.1 Refunds will be made to You as soon as possible and in any eventwithin a period of 30 days from return of the Goods.
12.2 If Goods have been Delivered, then a refund cannot be made untilwe have collected the Goods.
12.3 If You participated in a linked saving offer (for example, buy a bedfor £999 and get £200 worth of free bedding) You must return both itemsto get a full refund. If You only returned the bed in the given example,You would be refunded only £799 to cover the price of the bedding.
12.4 If You participated in a ‘multibuy’ offer (for example, buy 3 items forthe price of 2) You must return all the items to get a full refund. If Youonly return part of such an Order then any ‘multibuy’ saving will bededucted from the amount of Your refund.
13. COMFORT EXCHANGE GUARANTEE:
13.1 Our ‘Comfort Exchange’ guarantee applies to mattresses and divansets as well as adjustable mattresses only and excludes bedsteads,Made to Measure, showroom clearance, our Essentials range, bluecross, Contract mattresses and adjustable bases. If at any time between30 and 40 nights following Delivery (or collection) You inform Us thatYour choice of mattress is proving uncomfortable, provided that Youcomply with this clause We will without quibble exchange it for analternative mattress or divan set of the same size and for the same (orhigher) value than the original.
13.2 Any difference in price between the original product and thereplacement product must be paid at the time of re-selection. We cannotrefund any difference in price if You select a lower priced product.
13.3 The ‘Comfort Exchange’ guarantee is subject to the followingconditions:
(a) We are unable to process a Comfort Exchange earlier than 30nights, as it can take this long for Your body to adjust to Your new bedand for the fillings to settle;
(b) the original mattress must be kept in perfect condition so We insiston the use of a mattress protector, We reserve the right to refuse aComfort Exchange if a Mattress protector has not been used or theproduct is marked or soiled;
(c) collection and re-delivery charges of £49 will be applied to each’Comfort Exchange’;
(d) ‘Comfort Exchanges’ are limited to one exchange per productordered.
14. EVENTS OUTSIDE OUR CONTROL:
14.1 We will not be liable or responsible for any failure to perform Ourobligations under the Order that is caused by events outside Ourreasonable control. These include (without limitation) the following:
(a) delays caused by one of Our suppliers, except in the circumstancesenvisaged by clause 8.6;
(b) strikes, lock-outs or other industrial action;
(c) fire, explosion, storm, flood, snow or other natural disaster;
(d) unavailability of shipping, aircraft, motor transport or other means ofpublic or private transport; or
(e) unavailability of public or private telecommunications networks
14.2 Our obligations under these terms and conditions are suspendedfor the period that such events continue and we will have an extensionof time to perform these obligations for the duration of that period.
15. LIMITATION OF LIABILITY:
15.1 We do not accept any responsibility for damage to Your propertyduring Delivery other than damage due to Our negligence when Ourliability is limited to Your direct costs to repair that damage.
15.2 Our total liability in connection with or arising from the Order,whether in negligence or otherwise, shall be limited to the value of theGoods.
15.3 We shall not be liable for any indirect or consequential losses,costs or expenses in connection with or arising out of the Order.
15.4 Nothing in these terms and conditions excludes or limits liability fordeath or personal injury caused by negligence, fraud or any otherliability which may not otherwise be limited or excluded under applicablelaw.