Terms and Conditions
The Hotel Bed Company (THBC) is a trading name of Ri (UK) Limited, a limited company registered in England and wales, registered number 8195209 registered office: Lumonics House, Valley Drive, Rugby, Warwickshire CV21 1TQ. VAT Numbe: 152 6107 36
1.1. These Terms and Conditions of Trading (‘Terms’) apply to all contracts between Ri (UK) Limited T/A The Hotel Bed Company and/or our subcontractors (‘us/we/our’) and the customer (‘you/your’) in relation to all sales of our products and services.
1.2. By accessing and using our Website you agree to the terms contained in our Terms of Website Use. If you do not agree with or accept any of these terms, you should stop using the Website immediately.
1.3. Any order you place with us is not accepted until we have provided you with a written sales order confirmation (by email, post or in person).
1.4. Clause 16 (Website purchases) applies only to sales made through our Website.
1.5. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document issued by us is subject to correction without any liability on our part.
1.6. We reserve the right to update these Terms from time to time by posting the updated version on our Website, at which point they will apply to any future orders made (but will not affect any existing orders). Examples of reasons for change include changes to our Products, prices, guarantee or delivery terms, changes to our business needs or supply structure, or for technical or legal reasons.
The following definitions and rules of interpretation apply to these Terms.
2.1. ‘Bespoke Product(s)’: any Product that we make to your specifications or that we personalise to you. This includes (without limitation) where you request that we make changes to a Product, including to the size, finish, stitching, piping, cushion pads, fabric mixes or upholstery. This also includes Customer Own Material Products.
2.2. ‘Customer Own Material(s)’ and ‘Customer Own Material Product(s)’: have the meanings given to them in clause 11.
2.3. ‘Guarantees’: our Guarantees / Warranties set out in clause 12.
2.4. ‘Product(s)’: any mattresses, divans, bed bases, headboards, sofas, sofa beds, pillows, toppers, duvets, or other products that we sell.
2.5. ‘Standard Range’: any Products that are listed on our Website in the sizes and fabrics as listed and which are not Bespoke Products, Clearance Products or Customer Own Material Products.
2.6. ‘United Kingdom’: this is the main island of Britain; it excludes Northern Ireland and any islands that are geographically separate from the main island of Britain.
2.7. ‘Website’: www.thehotelbedcompany.com and our associated web pages.
3. Customer location
3.1. Our Website is intended primarily for use by individuals who are resident in the UK. However, we may at our discretion also accept orders from individuals who are resident outside the UK.
3.2. Please note that our delivery and returns policies differ according to whether you are resident in the United Kingdom or outside these locations.
4. Products specifications
4.1. For all Products that you order, it is your sole responsibility to choose the size and colour of their fabrics that is suitable for your intended use of those Products, and to take all appropriate measurements in your property to ensure that the dimensions of those Products are suitable for your intended use of them.
4.2. As our products are made from high quality materials, they may have natural characteristics which are not considered a defect. This includes variations in shade, texture, colour or grain. Although we make every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website or in our brochure have a 5-7% tolerance.
4.3. Whilst we try to ensure that the colours of our Products are as accurately displayed as possible on the Website, the actual colours that you see on your computing device may vary depending on the monitor that you use.
4.4. We will endeavour to match as accurately as possible the colour and texture of the fabric of your Products to the samples chosen, but variations in both the colour and texture may occur.
4.5. Leather Products are made from natural leather and accordingly they may not be uniform in colour or texture. Only the finest hides are selected but they will show natural marks and scars on the hide. Some leathers will mellow with age and exposure to sunlight and heat.
4.6. We have a policy of continuous product development and reserve the right to amend the specification of Products without prior notice in relation to future sales.
4.7. If we experience difficulties in supplying certain Products, we may need to substitute them with alternative Products of equal or better standard and value. We will email you to let you know if we intend to do this and your order will be put on hold pending your acceptance of the change; an appropriate substitute Product may not always be possible. If you do not accept a substitute Product which is materially different from the Product which you originally ordered, we will cancel your order for the relevant Product and provide you with a full refund.
5.1. All prices include VAT, unless stated otherwise, at the prevailing rate and are subject to any promotional offer or discount.
5.2. All prices which we have quoted to you are valid for up to 28 days from the date on which the quote was given, unless otherwise indicated by us.
6.1. We require payment in full at the time you place your order. Any delay in payment will affect the delivery of your Products.
6.2. We accept the forms of payments that are stated on our Website during the online purchase process.
7.1. we use a courier to deliver and install your Product. For all orders from our Standard Range, we aim to deliver Products to your specified United Kingdom address within three to six weeks of the date on which we accept your order. For other orders, including Bespoke Products, this time frame may vary.
7.2 We do not charge for the majority of our UK deliveries; some postcodes however may incur an additional charge and will be added at checkout.
7.3. During a delivery/collection delivery teams will assess the path to the designated delivery point. If the path is unsafe or they feel it is possible the product or your property will be damaged, they will ask you to sign a disclaimer removing liability for us and our couriers.
7.4. If you request the packaging is removed prior to delivery, we and our couriers are not liable for any damage that may occur thereafter.
7.5. To avoid any damage to your property or any items therein during the course of delivery, it is your responsibility to ensure clear access to the relevant room(s) in advance of delivery, including keeping children and pets out of the way, removing any precious items and protecting floors as necessary.
7.6. We shall not have any liability to you for any delivery failures or delays that are caused by anything beyond our reasonable control.
7.7. We will deliver your Products to the United Kingdom address which we specify in our order confirmation to you.
7.8. Any damage to the Products or your property or its contents as a direct result of our delivery service must be reported to us by email within 24 hours of the delivery taking place. If you do not report such damage to us within this time frame then we shall not be liable to you for any such damage.
7.9. In the case of orders from other locations outside the UK deliveries will be made to a nominated depot in the UK for collection and onward transportation to be arranged by you at your cost (in such cases you will be responsible for satisfying yourself at the depot as to the condition of the product). We will not be responsible for any customs duties or local taxes payable in overseas locations.
7.10. You must comply with all applicable laws and regulations of the territory for which the Products are destined. We shall not be liable for any breach by you of any such laws and regulations.
8. Risk and title
8.1. The Products will be at your risk from the time of delivery to the United Kingdom address which we specify in our order confirmation to you.
8.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges (if any).
9. Your right to make changes
9.1 You have a two cooling off period, and after this timeframe you will not be able to make changes to your order without incurring additional costs. Within 2 days please contact us and tell us that you would like to make a change to the product you have ordered. We will place your order on hold and tell you if the change is possible.
9.2 After two days it is still possible to change your order but an administration charge of 10% of the retail value of the product will apply. Your order will be cancelled and a new order will be placed for you and new lead times would apply
9.3 Changes cannot be made after delivery has taken place.
10. Cancellations and returns
10.1 For most products you have the legal right to change your mind within 14 days and receive a refund. These rights are explained in more detail in these terms and conditions.
10.2 How long you have depends on what you have ordered and how it is delivered. You have 14 days after the day you (or someone you nominate) receive the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods. The purpose of offering you 14 days within which to exercise your right to change your mind is to give you the opportunity to inspect the goods that you have not had the benefit of seeing prior to purchase. As such it is not a period where you can make normal use of that furniture and impact its condition. We ask that you keep all swing tags intact, (in the case of sofa bed mattresses please leave wrapped), and only remove them once you are sure you are keeping the goods. To exercise the right to cancel your order you must inform us of your decision to cancel your contract with us by making a clear statement by email, letter or phone within 14 days of receiving your order.
10.2.1 In the case of sofa beds customers cannot reject sofa beds under the 14 day clause if they have removed the wrapping from the mattress. For this reason our delivery teams are requested NOT to take the packaging off the sofa bed mattresses at time of delivery. If you have removed the packaging from the sofa bed mattress and wish to return the sofa bed under clause 10 we may still agree to accept the return but will make a deduction of £200 from the refund for the mattress not being returned in a saleable condition.
10.2.2 In the case of bespoke products, which are not provided in our standard range, you may not cancel your order either before or after delivery.
10.3 It is your responsibility to return the order to us in their original packaging to: The Hotel Bed Company, 14c Western Avenue, Bridgend Industrial Estate, Bridgend CF31. Your order must be returned to us within 14 days of you making us aware you wish to cancel your order and return the goods.
10.4 If you do not have access to appropriate delivery methods by which to return your order, we can offer a Collection Service. The Collection Service is subject to a charge of 20% of the value of each item returned, plus any claim for deterioration of the product while it has been in your possession.
10.5. In the instance where will be collecting the rejected items from you it is your responsibility to disassemble the goods as appropriate ready for packaging for return.
10.6 Until you have returned the furniture it is under your ownership and it is your responsibility to maintain and protect it, and to keep it in an “as new “condition. Failure to return goods in saleable condition will result in additional charges which can be deducted from your refund. We recommend that goods are kept and returned in the appropriate packaging to minimise risk.
10.7 Goods will be inspected in order to verify their condition prior to any refunds being made.
10.8. If you wish to exercise your right to cancel a Product order please contact us on 01926 821036 or email us at email@example.com. If you contact us by email you may use our model cancellation form (set out at the end of these Terms), but this is not obligatory.
10.9. This clause 10 does not affect your statutory rights.
11. Customer Own Materials
11.1. This clause 11 applies to any fabric (or other item) that you supply to us or which you specify and is not on our Website (‘Customer Own Material’). We refer to any Product that, at your request, we make with a Customer Own Material as a ‘Customer Own Material Product’.
11.2. We may refuse to use any Customer Own Material which we consider to be unsuitable.
11.3. You agree to ensure that your Customer Own Material is in all respects safe and suitable for application in the Product.
11.4. Customer Own Materials will become owned by us when we receive them; ownership in any of them which we return to you (whether unused or incorporated in the Product) will revert to you upon delivery to you.
11.5. We may cut, work on and otherwise treat and deal with your Customer Own Materials as we consider appropriate in the course of making the Product and (unless you state in writing with your order that surplus should be returned to you) we may use or dispose of excess fabric or items as we think fit.
12. Guarantees / Warranties
12.1. Subject to the remainder of this clause 11 and clause 13 (Our Liability), we provide the following guarantees (‘Guarantees’):
12.1.1. All mattresses carry a five year warranty. At our discretion we will either repair or replace free of charge any component part of a product that has become defective within a period of 1 year from the date of purchase. Any manufacturing defect or fault from this period onwards will be subject to a charge of one fifth for each year onwards, up to a maximum of 5 years. A charge for transportation costs will also apply from year 2 onwards until year 5.
12.1.2 All sofas and sofa beds carry a lifetime frame guarantee against faulty workmanship and/or faulty materials.
12.1.3. Cushion fillings and coverings and upholstery on our Products are guaranteed for one year from the date of delivery except that we do not provide any guarantee for fabric (or other items) supplied at your specification by yourself or a third party, nor in respect of any defect in Products caused by any defect in, failure of or unsuitability of any fabric or other items so supplied.
12.1.4. Pillows, duvets, toppers and mattress protectors are guaranteed for one year.
12.1.5. Divans and headboards are guaranteed for one year.
12.1.6. Sofa bed mechanisms are guaranteed for two years.
12.2. Our Guarantees / Warranties are limited to Products sold and retained in the United Kingdom and used solely for non-commercial purposes.
12.3. Our Guarantees do not cover fair wear and tear, neglect, abuse or misuse of your Products (including failure to follow any Product care instructions that we provide), loss or damage (including rusting and corrosion) due to unreasonable exposure to water or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, theft, accidental damage or loss or damage caused by a third party.
12.4. If you wish to make a claim under our Guarantees / Warranties, please contact us by phone on 01926 821036, or by e-mail at firstname.lastname@example.org
12.5. Where defective Products are covered by one of our Guarantees / Warrantees, we will endeavour to repair them free of charge. If a repair is not possible you will be offered a replacement and only if a suitable replacement is not available will you be offered a refund. Where possible, refunds will be made using the same means of payment as you used to purchase the relevant Products. In the case of card payments, refunds will be made to the original card of purchase.
12.6. Our Guarantees / Warranties may not be assigned to a third party.
12.7. The law gives you certain statutory rights for the repair, exchange or refund of faulty products. These rights are not affected by this clause 12.
13.1. Fabric batches may vary. The most common variation is that of colour – although the actual variation is often almost negligible or very slight. Some fabrics are more susceptible to this than others.
13.2. Whilst we guarantee to make all your order from the same batch, we cannot guarantee that subsequent orders will match your original order.
13.3. Because of the nature of the materials used, any finishes that are applied to the exterior of our Products may alter the final colour and feel of the fabric.
13.4. We cannot accept any responsibility for fading or discolouration caused by exposure to direct or indirect sunlight. Sunlight affects different fabrics in different ways, but sunlight, whether direct or indirect, will nevertheless always affect fabric colour. Darker fabrics, because they have further to fall, are likely to discolour and fade more. Different fabrics, dark or light are liable to fade or discolour at different rates.
13.5. After delivery, we cannot accept any responsibility for fading or discolouration, due to exposure or contact with any chemicals sprayed nearby or applied directly. Please also note that there are certain aerosol sprays, most particularly odour neutralisers and nicotine neutralisers, which contain chemicals that can react with fabric dyes (the cans should warn against spraying close to upholstery without first covering it).
13.6. We recommend that you dry clean all removable covers from our Products.
14. Our liability
14.1. Nothing in these Terms shall limit or exclude our liability for (i) death or personal injury caused by negligence, (ii) fraud, (iii) fraudulent misrepresentation, or (iv) anything which may not be limited or excluded by law.
14.2. Our Guarantees / Warranties are limited to Products sold and retained in the United Kingdom and do not cover any loss or damage caused by your commercial use of the Products.
14.3. We shall have no liability to you in connection with these Terms for any (i) loss of profits, sales, business or revenue, (ii) business interruption, (iii) loss of opportunity or (iv) other commercial losses that you suffer in relation to your commercial use of the Products.
14.4. We will not be responsible to you for any loss or damage unless it is a reasonably foreseeable consequence of our breach of (or other failure in connection with) these Terms. Losses are foreseeable where they could be contemplated by you and us at the time that we accept your order. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us.
14.5. We shall not have any liability to you for any non-performance or losses that are wholly or mainly caused by anything beyond our reasonable control.
15. Website purchases
15.1. The following terms and conditions in this clause 16 apply only to purchases made on our Website.
15.2. We endeavour to display as accurately as possible the colours of our Products that appear on our Website, however we cannot guarantee that your monitor will accurately reflect the colour of the Product delivered.
15.3. Our contract with you shall not be concluded until we have received your valid payment details and we have accepted the order by way of a confirmation by return e-mail to the email address you have given us during the online payment process.
15.4. Every effort is made to ensure the complete accuracy of our Website however some prices/details may change from time to time and it is possible that errors may occur. If we discover an error in the price of the Product(s) you have ordered we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, then we may treat the order as cancelled and notify you of this by email. If an order for Products is cancelled in accordance with this clause 16.4 and you have already paid for the Products, we will give you a full refund as soon as reasonably possible (and in any event within thirty (30) days of cancellation).
15.4. We reserve the right to refuse any order placed by you.
15.4. To the maximum extent permissible by law, we exclude all warranties, expressed or implied as to the accuracy of the information contained in any of the materials on the Website.
17. Rights of third parties
A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these Terms.
18. Applicable law and jurisdiction
These Terms are governed by and are to be construed in accordance with English law and you irrevocably submit to the exclusive jurisdiction of the Courts of England.
Schedule Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To: The Hotel Bed Company, Lumonics House, Valley Drive, Rugby, Warwickshire. CV21 1TQ
Tel: 01926 821036 email: email@example.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.