Terms & Conditions
This page contains information on the terms and conditions for purchases from DivanBaseDirect.co.uk. By using or accessing this website and/or placing any order(s), you agree to be legally bound by these terms and conditions.
All orders are subject to our full terms and conditions (below). Nothing in these conditions affects your statutory rights as a consumer.
Standard Conditions of Sale
- "Buyer" means the person who buys or agrees to buy the Products from the Seller.
- "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.
- "Delivery date" means the date specified by the Seller when the Products are to be delivered.
- "Products" means those goods specified.
- "Price" means the price for the Products including carriage, packing and VAT.
- "Seller" means DivanBaseDirect.co.uk
- "Consumer" shall bear the meaning ascribed in section 12 Unfair Contract Terms Act 1977.
- "Clearance" and "Ex-Display" Item(s): any Item(s) sold at a reduced price to our normal retail price, as remnants or as substandard, including but not limited to Item(s) sold at a discounted price as a direct consequence of showroom or warehouse clearance.
2. Conditions Applicable
- Nothing in these conditions shall affect the buyer’s statutory rights as a consumer.
- The Seller shall sell and the Buyer shall purchase the products in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders placed using the Seller’s electronic online ordering service, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
- Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
- If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
- If the Seller does not have sufficient stock to be able to deliver the goods ordered by the Buyer then any sum paid by the Buyer will be refunded or re-credited to your account and the Seller will notify you at the address given by you in your order form. The refund will be made as soon as possible and, in any event, within 30 days of your order and the Seller will not be obliged to offer any compensation for disappointment suffered.
3. The Price and Payment
- Save as provided otherwise herein the Price shall be that as stipulated in the Seller’s published price list current at the date of order of the Products. Any event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the contract upon written notice. If notice of price increase is given by the seller, the buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the seller within seven days of delivery of the notice of price increase to the buyer.
- Payment of the Price shall be due at the date of the order. Time for payment shall be of the essence. If the Buyer does not pay the Price on notification of shipment the Seller may bring an action for the Price even though property in the Products has not been passed to the Buyer. If the Buyer fails to make payment as required the Seller may suspend delivery of the Products or any further Products ordered until payment is made in full.
- Please note - We do not store customer credit card details
4. The Products / Content Accuracy
- The quantity and description of the Products shall be set out in the Seller’s quotation.
- The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller’s specification.
- The weights, dimensions and capacities of products given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
- Divan bases / sets unless otherwise stated are not supplied with a headboard (the headboards shown are for image purposes only)
- Clearance and Ex-Display Item(s) may not necessarily be in perfect condition and may have sustained fair wear and tear from being Ex-Display models. Any damage will be will be identified and stated on the Website.
5. Warranties and Liability
- All goods supplied by the Seller, except for Ex-Display item(s), come with a manufacturer’s warranty of at least 12 months.
- The Buyer shall provide the Seller with information such as photographic evidence and proof of purchase to enable the Seller to claim under the manufacturer’s warranties. In the event of a claim, the Buyer shall in the first instance contact the Seller’s customer service department.
- The Seller does not provide any warranty cover against defects in his own right.
- Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
- Insofar as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. Nothing in this Clause 5 affects your statutory rights as a consumer.
6. Delivery of Goods
- Delivery of the goods shall be made by the Seller or their agent for delivery to such place as the Buyer may specify at the time the order is placed.
- The Seller shall use his reasonable endeavours to meet any date agreed for delivery.
- In any event time of delivery shall not be of the essence.
- The Seller shall not be liable for any delay in delivery howsoever caused.
- The Seller will deliver and place the Goods in the Buyer's room of choice.
- All orders for delivery addresses within mainland GB are FREE of charge.
- For delivery to Northern Ireland, Isle of Man, Isle of Wight, Scottish Islands and Channel Islands the Seller will deliver free to a nominated mainland GB address e.g. a port. Onward shipping from that point is the responsibility of the Buyer.
- Generally, where an order contains more than one item, all items will be delivered at the same time once all items are available.
- Where a delivery date has been agreed with the Seller's carrier but the Buyer isn’t present to receive the delivery, the Seller reserves the right to charge the Buyer a £30 surcharge for a re-delivery of one item and a £10 surcharge for each item after this to cover the cost of the failed delivery.
- If our logistics partner are not able to fulfil the delivery of the Buyers goods due to access restraints, it may result in a fee of up to 50% for each item to cover the costs of transportation, manufacturing and administration.
- In the rare event that the Goods have arrived damaged, contain a manufacturer's defect or parts are missing, the Buyer must inform the Sellers Customer Services Department within 48 hours of receiving delivery. The Seller reserves the right to request photographic evidence to be provided on behalf of the Buyer.
7. Cancellations and Returns
- An order may be cancelled at any time between the placement of the order and up to 14 days following delivery of the goods.
- If the Buyer cancels a 'Made to Order' item which includes Divan Bases, Headboards and Mattresses there will be an additional 50% fee of the item value unless the order is cancelled within 2 working days of placement before it has been made.
- If the Buyer is dissatisfied with their purchase for any reason they may, within 14 days of delivery, contact the Seller’s Customer Service Department to notify them that they wish to return some or all items from their order. The Buyer can either arrange to return the goods themselves to the Seller at their own cost or they may ask the Seller to collect which will be based upon the direct cost to recover the goods and this cost will be deducted from the Buyer's refund.
- Goods must be returned to the Seller in the same condition they were in at the time of delivery to the Buyer and in their original packaging or similar. Items which are not adequately packaged at time of collection may not be collected and a charge of £30 will be levied to cover cost of failed collection.
- Mattresses can only be returned if they are unopened. Mattresses which have been opened and slept on cannot be returned.
- Clearance and Ex-Display Item(s) can only be returned if they are found as faulty. It is the buyers responsibility to check that Ex-Display item(s) are in a satisfactory condition when placing the order.
- Refunds will be issued within 30 days of receipt of goods and after the Seller has inspected them for damage. The Seller reserves the right to withhold all or part of the Buyer's refund if items are returned damaged.
8. Acceptance of the Products
- Other than where the Buyer acts as a Consumer the Buyer shall be deemed to have accepted the products 7 days after delivery to the Buyer.
- After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.
9. Title and Risk
- Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
- Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.
- The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.
10. Insolvency of BuyerThis clause applies if:
- The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or
- An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or
- The Buyer, not being a consumer, ceases, or threatens to cease, to carry on business, or
- The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
- If the Clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Products have been delivered but not paid for the Price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary.
- Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller’s premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
- Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer’s address as provided to the Seller.
- The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.
- Additional costs
The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
13. Proper Law of Contract
- This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising determined exclusively by the Courts of England and Wales.
14. SMS Mobile Message Marketing Program
- User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrolment forms. Regardless of the opt-in method you utilised to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialling system (“ATDS” or “autodialer”). Message and data rates may apply.
- User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
- Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including cancelling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE CONSUMER PROTECTION ACT, OR SIMILAR CONSUMER LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE NUMBER YOU PROVIDED.
- Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of our products.
- Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
- Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
- MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
- Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your mobile phone carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wirmobile phone service provider/network operator and is outside of Our control.
- Participant Requirements: You must have a mobile device of your own, capable of two-way messaging, be using a participating mobile phone carrier, and be a mobile phone service subscriber with text messaging service. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
- Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libellous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion.
- Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.