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 bedrooms: 4-6 weeks
- Mattresses: 1-3 weeks – (some mattresses can take up to 3 weeks)
All dates quoted for delivery are estimated delivery dates only and may be subject to change. 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 email@example.com 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.
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 / Refund. You may exercise your right to cancel your order within 7 working days of taking delivery in contacting us by email here firstname.lastname@example.org or in writing to Demko-UK Limited, Kemp house, 152 – 160 City road, London, EC1V-2NX, United Kingdom. Please note we can not refund special orders, not standard sized orders and orders after you had the opportunity to try them before placing your order. Standard mattress sizes: 90x190cm, 90x200cm, 135x195cm, 140x200cm, 150x200cm, 160x200cm and 180x200cm. Standard bed-system and bed sizes: 80x200cm, 90x200cm, 160x200cm and 180x200cm.
If you ask to cancel the contract, after the seven day period set out in paragraph 8 above, we will consider agreeing, but we estimate that we will incur the following costs, and cancellation shall be subject to you paying the following charges within seven days of us notifying you of the accepted cancellation;
I. if we have started manufacturing the goods, 50% of the contract price.
II. if we have completed manufacture of the goods, 75% of the contract price.
III. any sum remaining unpaid after the date it became due will attract interest at a rate of 3% above the base rate of National Westminster Bank plc.
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. This contract will end if you become bankrupt or otherwise insolvent, or make any arrangement with people you owe money to, in which case we will only carry out work we have started and which has been paid for.
19. We guarantee goods that we have supplied against defects in manufacturing or installation for 5 years after the completion of the work. We guarantee our mattresses for 8 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 and glass. We shall, at our discretion and taking into account fair wear and tear, repair, replace or re-install the goods. Should your claim be the result of fair wear and tear or damage, or if the installation is outside the 5-year guarantee period, there will be a £50.00 (payable at the time of the visit) call-out charge in addition to our then current price for repair and/or cost of any materials used.
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, even slatted bed bases without too wide gaps between their slats, which provides sufficient air flow for the mattress.
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.
20. This agreement is made under English law.