PLEASE READ THIS CONTRACT CAREFULLY AS WE WILL RELY ON THE TERMS SET OUT HERE AND OVERLEAF AND NEITHER WE NOR YOU CAN ALTER THEM WITHOUT THE AGREEMENT OF THE OTHER.
“you” means the person signing overleaf (and if more than one, both or all of you: your obligations being as individuals and together);
“us” and “we” means Demko-UK Limited;
“the goods” means the items specified overleaf;
“the site” means the place where the goods are to be fitted (as specified overleaf);
“the fitter” means the person we contract to fit the goods.
2. Our items require specialist care and handling. Our priority is to ensure your item(s) arrive in a timely, safe and professional manner. You will be contacted once your order is ready to be dispatched and advised of an expected delivery date and time.
Approximate delivery times:
- Beds and bed-systems 4-6 weeks / Bedrooms: 4-6 weeks
- Mattresses: Within London M25: 7-10 working days / Other parts of England: 1-3 weeks / Wales & Scotland: 2-3 weeks
- Contact us for worldwide delivery times
All dates quoted for delivery are estimated delivery dates only and may be subject to change. Delivery is done either by us or our courier called Empire Delivery Limited with their own terms and conditions. Our priority is always to ensure the delivery is handled in a professional and safe manner to a high standard. Once items are accepted we will not be held responsible for any loss or damage whatsoever. Signing for items as “unchecked” is not acceptable.
Please be certain your purchase(s) will fit through doorways, upstairs etc to avoid disappointment before you buy. If you are uncertain please contact us by email firstname.lastname@example.org or call on 00442077003915 so we can assist you. We reserve the right to apply a restocking charge of 50% and 75% for special orders.
3. We agree to supply the goods at the site, unless it is stated otherwise overleaf.
4. We will try to fulfil our obligations under this contract within a reasonable time. However, any completion date we give is a guide only and is based upon information given by you and other information known to us at the time. We cannot be held liable for delay or failure to complete the works caused by events beyond our reasonable control. In those cases we will complete the work as soon as reasonably possible.
5. During a delivery our delivery crew will asses the path to the designated delivery point. If the path is unsafe or if they feel it is possible the product or the customer’s property will be damaged, they will ask the customer to sign a disclaimer removing our liability.
6. Alternatively we will deliver to hallway only if the customer agrees.
7. It is the recipient’s responsibility to protect their home and its contents. Safety footwear can not be removed by the delivery crew to make a delivery, therefore floors should be covered with sheets. Pictures and ornaments etc to the delivery point, should be removed by the customer and crews are not allowed to handle customer’s property.
8. Any loose tiles, boards, slabs, fixtures and fittings will be pointed out to the customer before delivery.
9. It is also important to note that no delivery companny can insure a customer’s home. If any damage is alleged it will need to be noted on the POD and claimed through the householder’s insurance who will look to mitigate any costs against our public liability policy should we be judged to be at fault.
10. If we have agreed with you to arrange for the goods to be fitted, the following applies:
If we agreed to install to goods, you agree:
I. to make sure that the fitter has access to the site at reasonable times (between 8.30am and 6.30pm on weekdays) or otherwise as agreed by you and us.
II. to make sure that any re-routing or installation of plumbing (including water, radiators, drainage, gas, sewage and the like), or electrics, removal of existing furniture and carpets have been carried out to a good workman-like standard prior to the fitting date.
III. to make sure that the fitter can use the mains electricity supply from a standard 13A 240V socket free of charge, and that the supply is installed to the usual standards in force at the time.
IV. that you will not make any material alterations in the rooms to be fitted, and that in particular you have not installed, relocated or removed any fixed items that you have not told us about before we entered into the contract.
V. that you have permission to use any plans or drawings you supply to us.
VI. to provide reasonable access to the room to be fitted (ladder access is not acceptable), to clear the room to provide sufficient working space for the fitter, and co-operate in reducing health and safety risks to an acceptable level.
VII. If you wish to cancel or postpone your fitting date within seven working days of the due date, we will incur costs therefore cancellation or postponement may be subject to a £150 charge.
VIII. You confirm that you have told us of any particular features which you know about the site or its construction which may make the installation more difficult than we might reasonably expect. In particular, you acknowledge that you have checked the walls are sound.
IX. You are advised not to decorate rooms (except the space where front frame furniture is to be installed) prior to installation in order to avoid minor incidental damage caused during installation.
I. We may make improvements to the specifications of the goods (or minor cosmetic changes) or their installation before completion of the installation. We will not make any significant changes without your agreement.
II. All our wood products are of a satisfactory quality, although as wood is a natural product, it can vary in grain or colour.
III. For installation and safety purposes there will be a join in any material over 2400mm.
IV. Bespoke and items made to order with special requirements may have different features, appearances and may work differently than the standard items, therefor we do not offer guarantee on them.
12. Errors. In the event our product is listed at an incorrect price due to technical error or error in pricing information, Demko-UK Limited shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. If your credit card has already been charged for the purchase and your order is cancelled, Demko-UK Limited shall issue a credit to your credit card account in the amount of the incorrect price.
13. Refusal of Transaction and Eligibility of Purchase. We reserve the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this Website whether or not that product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Please note that the information you give to us to process your order is your responsibility.
15. Right to revoke any given consent. You always have the right to revoke any given consents at all times. Customer information is stored only for the purpose of processing orders and for the distribution of subscribed in email information and postal brochures.
16. Cancellation / Return / Refund / Exchange: We offer 30 days trial on all our mattresses. You may exercise your right to cancel your order within 30 working days of taking delivery by contacting us by email here email@example.com Please note we can not refund special orders, trade orders, discounted priced orders, not standard sized orders and orders after you had the opportunity to try them before placing your order. Standard mattress sizes: 90x190cm, 90x200cm, 120x190cm, 135x190cm, 140x200cm, 150x200cm, 160x200cm and 180x200cm. Standard bed-system (their mattresses) and bed sizes: 80x200cm, 90x200cm, 160x200cm and 180x200cm. If you wish to exchange your delivered order, you would have to pay for the other item’s delivery. After we received the original order, we will ship out the exchange item. Exchanged items can not be exchanged again or refunded. The buyer has to ensure the good/s can be collected at the proposed collection date. The good/s has/have to be packed in their original or equivalent packing and has/have to reach us without any damage or dirt, in the same condition as it was received in. Therefore, we advise you to keep its original packaging. The cost of return has to be paid by the buyer and arranged by us. The cost of return is GBP 90.00
17. The legal ownership of the goods will not pass to you until you have paid all of the money you owe us whether under this agreement or otherwise. You are responsible for the goods as soon as they are delivered to the site and we advise you to check your household insurance to ensure that you are covered.
18. We guarantee beds that we have supplied against defects in manufacturing for 5 years after the completion of the work. We guarantee our mattresses and bed-systems for 10 years. This guarantee will only apply if:
I. you do not owe us any money under the contract.
II. you have properly cared for and used the goods and followed any instructions provided by us.
III. you write to us as soon as is reasonably practicable after discovering a problem that you wish to claim under the guarantee.
IV. you do not move the goods (excluding mattresses and beds) without our prior written consent.
This guarantee excludes electrical parts, zippers and glass.
V. The goods are placed/used on a completely straight, even and levelled floor/surface.
VI. The mattress is used on our slat bases or on straight, evenly supported slatted bed bases without too wide gaps between their slats, which provides sufficient air flow for the mattress. In double and king size beds where 2 slat bases are used, there is no gap and/or a “V” shape between the bases. The mattress is used on an appropriate, strong, supportive base which is able to hold the mattress’ and its users’ weight without becoming hollow.
VII. The mattress has been turned and rotated regularly. Whilst all mattresses will settle to some degree regular turning and rotating the mattress can reduce this. As you sleep in almost the same part of the mattress settlement can occur quicker in that area than the rest of the mattress. Therefore, frequent turning/twisting and rotating of the mattress in the first years is important to even out the wear pattern to reduce and prevent settlement. Initial body impressions are not a fault of the mattress but an intrinsic part of the mattress bedding over time. Obviously, as you only sleep in an area the width of your body, the perimeter areas will be underused. Therefore, the sleeping areas are wearing quicker than the rest of the mattress but constant turning, rotating so using different parts of the sleeping area will eventually equal out this pattern. Mattresses that are full of natural fibres need more care and attention than cheaper cold foam or memory foam mattresses but they will last significantly longer.
As a consumer you have statutory protection regarding faulty or misdescribed goods or inadequate services such as installation. These terms do not affect those rights.
19. Manufacturing tolerances on mattress and their components sizes are +/- 20mm- 30mm on length and width, +/- 10mm on thickness from 0-15cm and +/- 20mm on thickness from 15cm-25cm. This variance in the size is perfectly normal depending on conditions and room temperature, and as such is not considered as a fault. All sizes quoted are for the finished mattresses. Variations in the density of the foams of +/- 5% are within manufacturing limits. Demko-UK Limited reserves the right to change the specifications of any product at any time. If your mattress fails within the specified guarantee period then we will either repair or replace the faulty component. We will repair or replace any product if it develops a fault within the guarantee period. Should that specific product no longer be available we will provide an alternative product of equivalent specification.
I. Wear and tear of fabric is not covered. However, we will use our discretion to see if any valid complaint is justified.
II. Wilful damage and neglect: Your mattress should be looked after and cared for. A mattress protector should be used at the very least. We will not entertain any claim if the mattress shows obvious signs of neglect.
III. Normal ageing or wear and tear including mattress settlement and “dipping” less than 3cm.
IV. Noises caused by the use of the product.
V. Repairs carried out by the persons not authorised by us or without prior approval.
VI. Shrinkage of mattress cover caused by washing or dry cleaning.
VII. The zip of the mattress cover and any other moving parts of the furniture eg manual head-lift.
VIII. Bespoke and items made to order with special requirements may have different features, appearances and may work differently than the standard items, therefor we do not offer guarantee on them.
IX. Natural ageing of the wood, which can lead to change in color.
20. We can not be held responsible for any injuries, allergy and any other health related reactions/issues might be caused by our products. It is the buyer’s responsibility to ensure they do not have any allergy or other health related symptoms to the components of our products.
21. Intellectual property. All content, descriptions, graphics, testimonails and illustrations on the Website or other related websites where appearing under the name of Demko-UK Limited are the exclusive intellectual property of Demko-UK Limited. The content, display, software and databases of the Website are protected by copyright. No part of this site or related sites where Demko-UK Limited is mentioned may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, in any form or by any means. Use of any content of the Website or any other website’s content including Demko-UK Limited in any form, whether for commercial or other purposes, is possible only with the prior written consent of Demko-UK Limited.
22. This agreement is made under English law.