Terms and Conditions

Standard conditions of sale

Definitions
In these conditions, unless the context requires otherwise:

1. ‘Buyer’ means the person who buys or agrees to buy the goods from the Seller;
2. ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
3. ‘Delivery Date’ means the date specified by the Seller when the goods are to be delivered;
4. ‘Goods’ means the articles which the Buyer agrees to buy from the Seller;
5. ‘Seller’ means Express Foam Ltd.

Conditions applicable
1. These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
4. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller

Warranties and liability
The seller warrants that Goods supplied will at the time of delivery correspond to the description given by the Seller. [Except where the buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12 and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation 3(1))] all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.

Delivery of the Goods
Delivery of the Goods shall be made to the Buyers address on the Delivery Date. The Goods may be delivered in advance of the Delivery Date upon the giving of reasonable notice to the Buyer. The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.

Acceptance of the Goods
The Buyer shall be deemed to have accepted the Goods [24 hours] after delivery to the Buyer.

After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

Retention of Title and Risk
The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.

Remedies of Buyer
Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.

Where the Buyer accepts or has been deemed or have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of these Goods.

The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.

Proper law of contract
This contract is subject to the law England and Wales.

Refunds & Returns

If you return your mattress please make sure that the mattress is returned as near to the same condition as you received it. This means that the mattress is returned in full packaging supplied. We will not refund or swap your mattress unless these conditions are met.

Registered Address:
144 High Street,
Epping,
CM16 4AS

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