Internet & Telesales Terms and Conditions
You agree to be bound by the terms and conditions as laid out below and they will govern each order that you place with us. Each order is a separate legally binding contract. You should read these terms and conditions carefully and make sure you understand them.
If a provision in these terms and conditions is found to be invalid or unenforceable by a court it will not affect the validity of the remaining provisions.
These terms and conditions are governed by the laws of England and Wales and do not affect your statutory rights. Please read them carefully, you may wish to print a copy for future reference.
All other terms and conditions including those in any order submitted by You are expressly excluded and shall have no effect.
All communications made thus far by La La Land Beds and Mattresses are invitations to treat only.
Please understand that if you are unable to accept these terms and conditions, you will not be able to order any Goods from our site.
INFORMATION ABOUT US
(a) We operate the website https://mattress.ltd. The business is family owned belonging to Robert Palmer T/A La La Land Beds and Mattresses.
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old;
3.1 In these terms and conditions the following words shall have the following meanings:
“You” or “Your” means the person named in the Order to whom we are supplying the Goods in accordance with these terms and conditions;
“We”, “Us” or “Our” means La La Land Beds and Mattresses, 505 London Road Westcliff-On-Sea Essex SS0 9LG;
“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 address specified in the Order.
4.1 These terms and conditions apply to Orders placed Online, Over the phone or through a brochure only. To view Our terms and conditions for items purchased instore, please request a copy instore.
4.2 It is Your responsibility to check:
(a) the dimensions of all Goods to ensure that they will fit into Your property; and
(b) that additional services requested (such as assembly or disposal, delivery to room of choice) are clearly noted in the Order. These will be shown separately. If they are not included in the Order then these services have not been purchased and will not be provided. These can be added by contacting Customer Services on 01702 430 309.
4.3 A confirmation of your order will be sent automatically by e-mail or postal service and, unless you are notified to the contrary within 48 hours of this confirmation, the order will be deemed to be accepted by Us.
4.4 IMPORTANT NOTE: Please do not dispose of your current mattress / bed until you are happy with the items you have purchased from Us and have read in full the terms and conditions.
5.1 The description of the Goods will be as specified within the Order.
5.2 You should be aware that:
(a) all sizes given are approximate and stated bed and mattress sizes refer to the sleeping surface only;
(b) Any photographs, models, samples, drawings, sizes and/or product description or advertising we issue, and any illustrations contained in our catalogues, brochures, emails or on our website are produced solely to provide you with an approximate idea of the Goods they describe and/or are representative of the finished product. All Goods are manufactured within the standard industry measurement tolerances; and
(c) comfort grading is for guidance only.
(d) When placing a mattress on a bedstead please note that there maybe a gap around the edges; this is to allow for rotation & bedding.
(e) Your Order is unique to you and will be supplied in accordance with the instructions and specification as detailed in our Order Confirmation. Every effort will be made to match all colours and finishes in our stores. Notwithstanding this all Goods are purchased and supplied, on the understanding that there may be slight dye, shade and grain variations, particularly with natural products such as wood and leather. Leather products are made from quality hides and may not be uniform in colour or texture and will show natural marks and scars. Colours may also change with age and exposure to sun and other climatic conditions.
(f) Where stated some images have been digitally created to illustrate the colour options available from the range. These colours will be affected by your monitor and by your printer and therefore may not be 100% accurate to the finished product.
(g) Occasionally we may supply Goods with minor differences in specification due to circumstances beyond our reasonable control. Should this be the case any differences will result in the Goods being of an equal or improved standard, and it will not affect your rights under the law, and the quality coding and guarantee will continue to apply.
5.3 We guarantee (the “Guarantee”) that for 12 months from the date of Delivery, 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 for selling the Goods in the United Kingdom.
5.4 The Guarantee covers normal domestic home use only and does not apply to any defect in the Goods arising from fair wear and tear, willful damage, accident, negligence by You, commercial use, failure to follow Our written instructions regarding care of the Goods, or any alteration or repair to the Goods which you carry out without Our prior written approval.
5.5 If you inform us that the Goods have breached the Guarantee, we will arrange an inspection to verify this. If this inspection finds that the Goods have not breached the Guarantee, We will decline any further action, but provide full details of the reasons for the decision. You will have direct access to any reports completed by the inspection specialist.
5.6 If you would prefer to use an inspection service of Your choosing, then this must be done at Your cost. Any inspection service used must be a recognised, independent specialist and we must agree in writing to them carrying out the inspection.
5.7 In the rare event that Goods are found to have breached the Guarantee, We will follow a fair and fast process. We will either repair or replace 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 do our best to agree with You which remedy would be most appropriate.
5.8 The Guarantee shall apply to any repaired or replacement Goods we supply to you.
6.1 Some mattresses may offer a free limited manufacturers warranty of up to 5 years. These guarantees are subject to their own terms and conditions, which are stated on the guarantee paperwork.
7.1 If You have purchased ex-display items, the price of these items reflects the fact that they may have sustained fair wear and tear and they cannot be returned or refunded unless faulty.
7.2 If an ex-display item is deemed to have breached the Guarantee, We will 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.
7.3 It is Your responsibility to check that ex-display items are in a satisfactory condition when placing Your Order and You must arrange for collection of the Goods within a reasonable time (usually within 7 days of Order).
PRICE AND PAYMENT:
8.1 Full payment is required at the time the order is placed and La La Land Beds and Mattresses will collect this using the debit/credit card details supplied by the Buyer.
8.2 All purchases must be paid in full before delivery. La La Land Beds and Mattresses will continue to own, and reserve the right to repossess any goods sold from its web site until payment has been received and cleared in full.
8.3 All prices quoted are for new products and are priced in pounds sterling including any applicable taxes at current rates.
8.4 Price includes delivery to the specified post codes set out on our delivery page. Additional charges will be incurred for orders under a set amount as displayed on the page.
DELIVERY AND COLLECTION
9.1 Delivery will be made to the delivery address specified on the Order and any changes to a delivery address must be supported by documentary evidence. You must notify us at least 72 hours prior to Delivery of any delivery amendments. Any amendment however small may lead to an increase in lead-time or change of delivery date.
9.2 Delivery dates and lead times are given in good faith but are subject to 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.
9.3 If, as a result of circumstances beyond our control, we are or reasonably believe that we will be unable to complete Delivery of the Goods, we will be entitled to cancel the Order and will provide you with a full refund of all amounts paid.
9.4 Delivery will be deemed to have taken place when the Goods have been delivered to the address set out in the Order. Delivery is to the front door (or room of Your choice if paid for) at the delivery address. We do not need to satisfy Ourselves that the person accepting delivery at the agreed address is authorised by you to accept the Goods.
9.5 If we are unable to complete Delivery due to the Goods not fitting in the required room at the delivery address, You may order a different product as a replacement for the Goods. In these circumstances:
(a) You must pay the difference between the price of the Goods and any replacement product which is of higher value;
(b) You shall not be entitled to a refund of the difference between the price of the Goods and any replacement product which is of lower value; and
(c) You must pay an additional delivery charge and our reasonable administration costs.
9.6 The Goods may require some assembly. If you have purchased an assembly service, this will be carried out by Us. If you have not purchased this service, it is Your responsibility to assemble the Goods.
9.7 Goods intended to be assembled by you will not be unpacked at the point of delivery.
9.8 You should inspect the Goods carefully upon Delivery. If assembled by Us at the delivery address, Goods will be deemed accepted once assembled unless you inform us otherwise at the time. Where Goods are not removed from their packaging or you have otherwise not had a reasonable opportunity to inspect the Goods on Delivery, the Goods will be deemed accepted 24 hours (1 day) after Delivery.
(a) If upon delivery you find your goods are damaged, please sign for them as “Damaged”; and refuse delivery.
(b) La La Land Beds and Mattresses must be notified within 24 hours of your delivery if any part of your order is missing. All claims will become void after this period.
(c) Goods must be checked to ensure all parts are included PRIOR TO ASSEMBLY. Any attempt to assemble goods with missing parts may void returns acceptance.
(d) For delivery to high rise buildings or difficult to access properties we reserve the right to deliver to the entrance of your building.
(e) Where delivery is to your room of choice it is where accessible and at owners risk.
(f) If you cancel your order less than 3 days prior to the arranged delivery day you will be liable for the delivery charge.
9.9 We will notify You in writing or verbally once the Goods are ready for Delivery or collection. If you fail to collect or take Delivery of the Goods on the agreed date, we will not store the Goods for any reason for longer than 28 days.
9.10 If you fail to pay the full price of the Goods or fail to take Delivery or to collect the Goods within 28 days of the scheduled delivery date, We will be entitled to cancel the Order and you must pay all amounts stated in the Order in addition to our reasonable administration costs, which may be up to 20% of the cost of the Goods. This charge may, at least in part, reflect the price at which we are able to resell the Goods.
9.11 You will be responsible for any additional charges incurred from our Tracked Courier providers as a result of not taking delivery. These charges are dependent on the size and weight of the items being delivered and the courier providing the service and could amount to 50% of the cost of the goods.
(a) Our couriers may attempt 3 deliveries if no-one is available to take delivery. Each attempt is chargeable.
(b) Should the items require collection at a local depot. This service is chargeable.
(c) Should the item be required to be returned to us due to non delivery. This service is also chargeable.
DAMAGED / DISPUTED GOODS
(a) We will exchange any mattress that is either damaged or faulty upon delivery only when the customer follows all of our terms and conditions that apply.
(b) Before processing a damaged / disputed goods claim, we will require a photograph of the damaged / disputed goods before any action can be processed.
(c) It is the responsibility of the customer to check the goods have been delivered in good condition.
(d) If you sign for an item as delivered in good condition and you subsequently notify us of damage, this may effect your eligibility for an exchange.
(e) Please contact our customer services team within 24 hours of delivery to notify us of a fault / damages via email to email@example.com
(f) Please send in photographic evidence of any damages as soon as possible via email to firstname.lastname@example.org within 7 calendar days.
RISK AND OWNERSHIP:
11.1 Responsibility for and ownership of the Goods passes to You once the Goods are Delivered or collected.
11.2 Where You have decided to pay through Our finance options, responsibility for and ownership of the Goods will only pass to you in accordance with the terms of Your finance documentation.
12.1 The Buyer may cancel the goods at any point after placing their order, but no later than 14 working days from the day of delivery. Intention to cancel can be notified to La La Land Beds and Mattresses by:
Calling Customer Services on 01702 430 309
Writing to us at La La Land Beds and Mattresses, 505 London Road, Westcliff-On-Sea, Essex SS0 9LG
12.2 Special Order Items (e.g. made to measure etc.) are clearly stated as special order items on the product pages. These items cannot be cancelled once the order has been accepted by La La Land Beds and Mattresses.
12.3 Due to the hygiene aspects associated with some items (e.g. mattresses, pillows, mattress protectors, duvets), we reserve the right to reject cancellation if these items have been used. This does not apply if the items in question are found to be faulty.
12.4 Buyers can open the packaging to inspect a product on delivery, but, if they are then rejected, the Buyer must take good care of the Goods until they are collected by La La Land Beds and Mattresses.
12.5 The Goods must be unused, in their original condition and made available for collection at a time agreed with La La Land Beds and Mattresses. The collection date should not exceed 21 days from the cancellation date.
12.6 La La Land Beds and Mattresses will levy a collection charge of £39.99 for collection of the Goods. This will be deducted from the refund value of the Goods.
12.7 All orders are inclusive of a non refundable payment processing fee of 3.5% for debit / credit cards and Paypal payments.
12.8 Alternatively the Buyer may return the Goods (at the Buyers cost) in their original condition and adequately packaged to prevent damage to:
La La Land Beds and Mattresses, 505 London Road, Westcliff-On-Sea, Essex SS0 9LG
12.9 Following collection or return, if the Goods are found to be damaged (and the damage is not the result of our actions), La La Land Beds and Mattresses will seek to recover the cost of remedying the damage from the Buyer
13.1 Refunds will be made to You as soon as possible and in any event within a period of 30 days from return of the Goods.
13.2 If Goods have been Delivered, then a refund cannot be made until we have collected the Goods.
13.3 If You participated in a linked saving offer (for example, buy a bed for £999 and get £200 worth of free bedding) You must return both items to 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.
13.4 If You participated in a ‘multibuy’ offer (for example, buy 3 items for the price of 2) You must return all the items to get a full refund. If You only return part of such an Order then any ‘multibuy’ saving will be deducted from the amount of Your refund.
13.5 La La Land Beds and Mattresses will refund the purchase price of the goods or services within 14 days of receiving and checking the goods are as new and complete – less any transport costs and a payment processing fee of 3.5% for debit / credit cards and Paypal payments.
13.6 Customers who refuse delivery at the door will be liable for a return delivery charge from £39.99.
13.7 Unfortunately, we cannot authorise refunds or exchanges on any products that have been unpacked or slept on.
13.8 To accept an item for return we must be notified in writing within 14 days of delivery. The item must be then returned to us as soon as possible.
13.9 La La Land Beds and Mattresses cannot be held liable for items ordered incorrectly or in the wrong size.
13.10 No refunds can be given for inadequate access or the item not fitting in the customers room.
13.11 Where possible, La La Land Beds and Mattresses will liaise with the manufacturer with regards to an exchange – it is the sole discretion of the manufacturer to offer an exchange if this circumstance should arise.
13.12 Exchanges, where applicable, will incur additional costs.
13.13 Items ordered on Interest free credit are not eligible for cash refunds. However, we will raise a credit for the appropriate value (less any original delivery costs) for use within our shop.
EVENTS OUTSIDE OUR CONTROL:
14.1 We will not be liable or responsible for any failure to perform Our obligations under the Order that is caused by events outside Our reasonable control. These include (without limitation) the following:
(a) delays caused by one of Our suppliers;
(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 of public or private transport; or
(e) unavailability of public or private telecommunications networks.
14.2 Our obligations under these terms and conditions are suspended for the period that such events continue and we will have an extension of time to perform these obligations for the duration of that period.
LIMITATION OF LIABILITY:
15.1 We do not accept any responsibility for damage to Your property during Delivery other than damage due to Our negligence when Our liability 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 the Goods.
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 for death or personal injury caused by negligence, fraud or any other liability which may not otherwise be limited or excluded under applicable law.
16.1 For questions, requests to amend Orders, requests to change Delivery details, requests for refunds and all other queries You may contact Us by:
(a) contacting the store where You placed Your Order;
(b) calling Our customer services on 01702 430 309; or
(c) writing to Customer Services at La La Land Beds and Mattresses 505 London Road, Westcliff-On-Sea, Essex SS0 9LG
17.1 All policy disputes regarding these Terms and Condition will need to be put in writing to
La La Land Beds and Mattresses
505 London Road, Westcliff-On-Sea, Essex SS0 9LG
We will usually look to respond to all policy disputes within 5 working days.
RISK AND OWNERSHIP:
Ownership of the Goods will only pass when cleared funds have been received from the Buyer, regardless of whether delivery has taken place.
La La Land Beds and Mattresses retains the right to investigate any order placed on this website or by phone that it suspects to be fraudulent. Any such order will not be delivered until it is proven that the order is bona fide. Should La La Land Beds and Mattresses be unable to prove that an order is bona fide or to contact the Buyer then the monies will be refunded to the original payment card used and the order will be cancelled.
For your protection, to ensure that your credit, debit or charge card is not being used fraudulently, we will validate your name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. Please be assured that this is only done to confirm your identity.
A credit check is not performed and your credit rating will not be affected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
TRANSFER OF RIGHTS AND OBLIGATIONS
You may not transfer any of your rights or obligations under these terms and conditions to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these terms and conditions to another organisation, but this will not affect your rights under these terms and conditions.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site or telephone sales system, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.
22.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
22.2 If we fail, at any time while these terms and conditions are in force, to insist that you perform any of your obligations under these terms and conditions, or if we do not exercise any of our rights or remedies under these terms and conditions, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms and conditions shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
22.3 A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
22.4 These terms and conditions shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.