Made to Measure Beds – Terms and Conditions
By purchasing through this website you agree to be bound by the Terms and Conditions laid out below. It is important that whether before or after you purchase from us that you read at least the first 2 or 3 paragraphs of the Terms and Conditions or The Delivery Information Section.
- These conditions do not affect your statutory rights as a Buyer.
- “Buyer” means the Buyer who buys or agrees to buy Goods on this website from Made to Measure Beds
- “Goods” means all products listed on the order and the order confirmation invoice/e-mail
- “Consumer” has the meaning given in section 12 Unfair Contract Terms Act 1977
- “Special Items” mean any Goods that are not held in stock by Made to Measure Beds and are ordered and/or manufactured specifically for the Buyer.
- “Delivery” means the delivery of the Goods to the delivery address specified on the order.
2. Risk and Ownership
The goods shall be at the buyer’s risk once delivery has taken place. The buyer must take all reasonable care of the goods. Should the goods be returned to Made to Measure Beds having been damaged while in the buyer’s care, the cost of such damage will be recovered from the Buyer. If in our opinion damage has been caused on purpose the guarantee will not apply.
Ownership of the Goods will only pass when cleared funds have been received from the Buyer, regardless of whether delivery has taken place.
3. Limitations of Liability
Our total liability in regard to the performance of this contract shall be limited to the value of the Goods.
Made to Measure Beds shall not be liable for any direct, indirect or consequential losses, costs or expenses incurred or any consequential compensation arising out of the performance/or non performance of this contract. Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation or any other liability which may not otherwise be limited or excluded under applicable law.
- All contracts shall be governed by English Law.
Any order placed by the Buyer and accepted by Made to Measure Beds is subject to the following terms and conditions unless specified in writing by a Director of Made to Measure Beds
A confirmation of your order will be sent by email and, unless you are notified to the contrary within 48 hours of this confirmation, the order will be deemed to be accepted by Made to Measure Beds. In the absence of a confirmation the invoice itself will be considered confirmation of what you wish us to make.
Made to Measure Beds will produce beds based upon dimensions given by the customer. It is the customer’s responsibility to ensure that the floor is level and that walls are straight.
Made to Measure Beds retains the right to refuse any order that is subject to an error on its website and will in these circumstances reimburse the Buyer in full.
5. Description of goods
The description of the goods will be as specified within the confirmation and/or the invoice and it is the Buyers responsibility to check that the Goods specified are as the Buyer intended to order. It is up to the customer to check this in order for him/her to clarify what has been ordered . All sizes given are approximate and the buyer should satisfy them self that the goods will fit into the delivery address. The buyer should check the overall dimensions given for each product and be sure that they will fit in the room of choice. Where the buyer purchases super king size spring interior mattresses, please be aware that these products will not bend or fold and thus adequate access i.e. staircase, landing and high ceilings may be required.
Please note that all bed frames are supplied without mattresses. All divan beds are supplied without headboards, there is no exception to this. Pictures depicting a divan bed or an adjustable bed with a headboard are for show only, headboards are an extra cost (if available).
There may be certain items included in the illustration of a product which are not part of the product and are not included in the product description and are not part of the order (for example, bedside tables, lamps and bedcovers). These will also be an extra cost or they may not even be available as they may have been used for photographic purposes only.
Full payment is required at the time the order is placed.
All prices and charges on this site are in U.K. pounds.
The carriage prices shown on our website include delivery throughout most of England Scotland and Wales. Additional delivery charges outside our area will be advised when costs have been ascertained, If delivery charges are unacceptable then a full refund will be made to the customer.
8. Delivery of goods
We use a professional company to deliver most of our beds, mattresses, bed frames, on our behalf.
- They will, at the carrier’s discretion, deliver to a room of your choice (providing that this is accessible and provides no health and safety risks ).
- Deliveries are made Monday to Friday dependent on location and occasionally if we can on Saturdays.. Some postcodes will incur delays longer than the 28 Days we normally quote.
- The delivery company will generally contact you a few days before the day that they would like to deliver, and give you an approximate time for that day.
- If requested the delivery company will contact you 1 hour prior to delivery.
9. Collection of old bed or mattress
When the delivery company delivers your new product, they can take away your old mattress or divan bed. The charge for this service is £75+ vat , please call us in advance if you wish to add this service to your order.
Please note that this service is not available in Scotland and other selected postcodes.
10. Lead times
We do everything we can to meet the delivery times specified. However, occasionally delivery times may be affected by factors beyond our control and therefore they cannot be guaranteed. We will inform you if we become aware of any unexpected delay.
11. Other delivery information
It is the customers’ responsibility to make sure that the purchased items will fit and be able to be delivered into the room of choice. Please be aware that certain mattresses will not bend, and that you need a lot of clearance to push a large mattress up the stairs, it is also the customer’s responsibility to remove all paintings, mirrors or any other objects that may hinder your product from going upstairs or that may get damaged during the delivery. Made to Measure Beds will not be held responsible for any damage caused to property during delivery. Please retain the original packaging for 7 days for the purpose of returning any faulty or damaged items.
Please note you need to check your goods when they are delivered, if you sign for something as being correct i.e. no dents, marks or indentations, and then find the product has visible damage, there will be no possible claim against the carrier or Made to Measure Beds. It is up to the customer to thoroughly check the product before signing for the goods.
Where the Goods cannot be delivered on the day arranged due to the fault of the buyer, where the delivery company have arranged delivery with you the customer only to find no one at home on the day of delivery, Made to Measure Beds retains the right to charge a further £75 for “re-delivery” to cover costs incurred. If the buyer is unable to accept delivery on the day submitted by the delivery company, a further date will need to be advised. Please note this may delay delivery of the buyers order by up to 2 weeks due to the fact that the delivery company may not cover certain areas of the country on a regular basis.
If Made to Measure Beds has failed to deliver the Goods within 60 working days of the order date due to its own neglect then the Buyer may either cancel the contract without penalty or ( if you have been advised the delivery time will be longer prior to the order then this will be exempt from the 60 Day Rule) Ellison Beds Ltd T/A Made to Measure Beds will pay £20 for each complete week the Goods (over £250) are further delayed (maximum payable £60 per order).
Most goods will require some form of assembly and it is the Buyer’s responsibility to assemble the goods. It is the responsibility of the buyer to check the goods and make sure they are in good condition before assembling the product as damaged items will only be replaced prior to the goods being assembled.
Delivery will be deemed to have taken place when the Goods have been delivered to the agreed address. Made to Measure Beds do not need to satisfy themselves that the person accepting delivery at the agreed address is authorized by the Buyer to accept the Goods
All our metal beds are guaranteed against faulty materials and workmanship for a minimum period of five years from the date of delivery.
When mattress settlement occurs , often customers think it is a fault , where as it often is not ,mattress filling will move within the encasement of a mattress , whether the mattress is turnable or non turnable. Arguably it is slightly more likely to move in a one sided mattress , than in a turnable mattress . Where a mattress is made using natural fillings, or polyester fibre the movement is more noticeable. If your mattress is turnable then you need to turn it over every 6 weeks and rotate it clockwise as well, whereas if it is non turnable you need to rotate it every 6 weeks , especially if 2 people of different weights are sleeping within the Mattress.
14. Refund & return of Goods
We hope you’ll be pleased with your purchase. When you buy online or by phone, you have additional rights as a consumer under the Distance Selling Regulations unless the item is made to measure which the majority of our products are see sections 15, 16, 17. If the product is not specially made and is returned but not in condition fit for resale or the packaging has been opened and damaged, we do reserve the right to refuse a refund on the item, or deduct up to 20% of the original selling price from the refund amount. This does not affect your statutory rights
15. Products we’re unable to refund or exchange
We’re unable to offer a refund or exchange on personalised, made-to measure or perishable goods unless they’re faulty:
For reasons of hygiene, safety and copyright, we cannot refund or exchange the following products one the packaging has been removed unless they’re faulty:
- Mattresses, mattress toppers, duvets, pillows:
- Delivery charges
- We’ll refund the purchaser any delivery charge paid when a product is faulty or damaged.
16. Cancellation of made-to-order products
Note special sizes and made to measure beds cannot to be cancelled.
17. Points of note relating to potential return of goods taken from Trading Standards guidelines relating to when you are not entitled to anything.
- If you caused any damage yourself.
- If the mattress has been taken out of its sealed bag.
- If you made a mistake, e.g. you don’t like the colour, it is the wrong size, etc.
- If you have changed your mind about the goods, or seen them cheaper elsewhere.
- If you have tried the product, used it, slept on it, and it cannot be returned and sold at full face value.