Terms and Conditions
2) Intellectual Property Rights
Unless otherwise stated, all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
- Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
- Download Our Site (or any part of it) for caching;
- Print page(s) from Our Site for your own personal use;
- Download extracts from pages on Our Site; and
- Save pages from Our Site for later and/or offline viewing.
You must not:
(a) Re-publish material from Our Site (including re-publication on another website);
(b) Sell, rent or sub-license material from Our Site;
(c) Show any material from Our Site in public;
(d) Reproduce, duplicate, copy or otherwise exploit material on Our Site for a commercial purpose;
(e) Edit or otherwise modify any material on Our Site; or
(f) Re-distribute material from Our Site (except for content specifically and expressly made available for re-distribution, such as our newsletter).
Where Content is re-distributed, our status as the owner and author of the Content on Our Site (or that of identified Users and/or licensors, as appropriate) must always be acknowledged.
3) Acceptable Use
You must not use Our Site in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use Our Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to Our Site without our express written consent.
You must not use Our Site to transmit or send unsolicited commercial communications.
You must not use Our Site for any purposes related to marketing without our express written consent.
4) Restricted Access and Accounts
Access to certain areas of Our Site is restricted and requires an Account in order to access them. We reserve the right to restrict access to other areas of Our Site, or indeed our whole website, at our discretion.
You may not create an Account if you are under sixteen (16) years of age. If you are under 16 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
We recommend that you choose a strong password for your Account. It is your responsibility to keep your password safe. You must not share your Account with anyone else.
You are responsible for any activity on Our Site arising out of any failure to keep your password safe and may be held liable for any losses arising out of such a failure. If you believe your Account is being used without your permission, please contact us immediately at firstname.lastname@example.org We will not be liable for any unauthorised use of your Account.
You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
Any personal information provided in your Account will be collected, used, and held in accordance with your rights and our obligations under the General Data Protection Regulations 2016/679 (“GDPR”), as set out in our Privacy Notice.
If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access. Your information will be deleted as set out under the “How long we keep your information” section of our Privacy Notice.
We reserve the right to disable your Account at any time in our sole discretion, with or without notice or explanation.
5) User Content
In these Terms, “Your Content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to Our Site, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute Your Content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.
You warrant and represent that Your Content will comply with these Terms.
Your Content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any content to Our Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to Our Site, or stored on our servers, or hosted or published upon Our Site.
Notwithstanding our rights under these Terms in relation to Your Content, we do not undertake to monitor the submission of such content to, or the publication of such content on, Our Site.
6) Viruses, Malware and Security
We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
By breaching the above provisions, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
7) Limited Warranties
We do not warrant the completeness or accuracy of the information published on Our Site; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to Our Site and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
8) Limitations and Exclusions of Liability
Nothing in these Terms will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these Terms: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these Terms or in relation to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that Our Site and the information and services on Our Site are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.
10) Breaches of These Terms
Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to Our Site, prohibiting you from accessing Our Site, blocking computers using your IP address from accessing Our Site, contacting your internet service provider to request that they block your access to Our Site and/or bringing court proceedings against you.
We may revise these Terms from time to time. Revised Terms will apply to the use of Our Site from the date of publication of the revised Terms on Our Site.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14) Exclusion of Third Party Rights
15) Entire Agreement
Subject to the above, these Terms, together with our Privacy Notice constitute the entire agreement between you and us in relation to your use of Our Site and supersede all previous agreements in respect of your use of Our Site.
16) Law and Jurisdiction
These Terms will be governed by and construed in accordance with English law, and any dispute relating to these Terms will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
- All balances must be paid in full before or on delivery, failure to pay any balance will mean that the goods can not be left or taken away.
- All orders that are placed require a minimum of 10% deposit.
- Delivery of all products are assembled on site providing there is enough space to do so. Please note that if the required space is not available it might mean we are unable to assemble the product for you.
- Free disposal, please note that whilst we are happy to collect your old bed we require it flat packed or disassembled before collection THE MINIUM VALUE FOR THIS SERVICE IS £500.00 for a complete bed and £300.00 for a mattress. we only collect like for like products i.e. single for a single and so on. Failure to do so may mean we are unable to dispose for you as all deliveries are timed.
- We are now a green company and will recycle your old bed, under the minim order values at a cost of £25.00 per mattress and £40.00 Per bed
- please be aware that we will not collect old furniture or sofas
- Please note we are now unable to accept cheques on delivery.
- Please note that all new beds need time to settle and bed in.
- custom made or special sized items are made to order and none refundable, unless faulty.
- When goods are delivered please inspect the product and report any fault or damage with in 14 days.
- We reserve the right to repair or exchange any product that is delivered damaged.
- If a product is damaged and a repair is carried out by someone else that’s hasn’t been appointed by St James bed centre may result in the product not being exchanged.
- for all orders place over the phone or online were you have not seen the product. You have the right to cancel with in 14 days of purchase and are in titled to a full refund.
- If a product has been purchased damaged and the customer is aware we reserve the right to refuse a refund or repair.
- All products carry a statuary manufacturers 12 months guarantee
- some products carry a longer manufacturers guarantee or warranty. For all these product they are covered for an extended time by the manufacturer against any manufacturing faults. Please note this does not cover miss use.
- when a product has been deemed miss used then we reserve the right to refuse a refund or exchange.
- when a product is faulty and a exchange is offered, if we are unable to supply the original product an upgrade will be given.
- Please note full terms and conditions for free assembly service are in store and all customers that require this service will need to read and sign them before we deliver.
- Please be aware that we only assemble flat pack furniture; these products are not designed to be fitted like built in wardrobes and the delivery team can not cut skirting or coving etc.
- For the free assembly service all wardrobes require a good solid level floor, the delivery team will level any furniture were necessary by using standard furniture packers (wedges). Please note that if the floor requires levelling beyond this or building up this will need to be done by the customer prior to delivery, our delivery team are not able to relay floors or screeds.
- Please note that all furniture requires fixing to the wall and this needs to be done by the customer for health and safety reasons (i.e. electrical wires, etc) as our delivery team are not insured to do so.
- For the free assembly service the delivery team will require good access to the property and to the required room, if not this will result in a failed delivery.
- Please be aware that the delivery team require enough space to assemble any products that have been purchased, if not this will result in the good s being left for the customer to assemble.
- When any furniture has been purchased it is the customers responsibility to ensure that the measurements are correct and there is enough space for the products. If the purchased items are to large or to small the company can’t refund or offer exchanges unless the store manager authorises this action.
- Please note any failed deliveries with out prior notice of cancelation (at least 24 hours prior) will result in £25 charge for admin and expenses.
- free Delivery is within 25 miles when purchased online any orders out side of this will Incure delivery charges payable before delivery.
- All mattresses require regularly rotation and turning, please follow the manufacturers guide lines
- Mattress protectors must be used on all mattresses to ensure warranties and gaurentees are honoured.
- All products carry a 12 month gaurentee unless stated other wise.
DIRECT DELIVERY TERMS and CONDITIONS
- Please note that this services is for the England, Wales only and excludes Scotland.
- This service requires a third party to deliver, because of this we are unable to provide the following free services on this option
We are unable to assemble any beds or furniture due to the third party, We are unable to collect any old beds or other items if this services is selected, this service is free uk mainland delivery, but its to the door only.
- Returns, any returns must be sent back in the original wrapping and packaging, any item returned back and is soiled, marked or damaged in any way will incur charges at our discretion.
- Returns will have the carriage charged back to the customer off the original amount, the remainder will be refunded (please note this does not affect your statuary rights)
- Damages, Any damaged or faulty item must be reported back to us within 48 hours so we can organise replacements or collections. Failure to do this will mean we are unable to collect or exchange any damaged items.
- Returns, you have the right to return any items within 14 days, however these items must be in the original packaging and not soiled or damaged
- Please note that the delivery will be arranged by a third party so we can not guarantee times etc.
- Please note all rolled mattresses have to be unrolled with in 3 months.
- Please allow delivery lead time 2 – 6 weeks depending on supplier for beds and 8-12 week on furniture.
- This service means we can not assemble flat pack items
- Please follow manufacturers instructions when you are assembling items
- Rolled mattresses need unpacking within 3 months and given 24 hours to be fully open
- Please note that all beds require the customer to follow the assembly instructions provided.
- Please note all mattresses require rotation or turning, please follow the manufacturers guide lines for your product.
- All mattresses require a mattress protector to ensure warranties and guarantees are honoured.
- Flat packed furniture or beds outside of the free delivery zone of 25miles will be dropped only, we don’t offer assemble on any items outside of this area.
- All furniture requires fastening to the wall for health and safety purposes, please follow manufacturers guide lines.