When purchasing product(s) from us, you must accept these general terms and conditions, hereafter referred to as the “Terms”.
GENERAL
These Terms shall apply when private individuals (i.e. consumers), hereinafter referred to as the “Customer”, or “you”, purchases products from Carpe Diem Beds (both in store and at our website(s), currently located at www.carpediembeds.co.uk, together with any associated website(s)), for private use only. We are Jensen Skandinavia Limited, a company registered in England and Wales. Our company registration number is 3841248 and our registered office is at 1 Bromley Lane, Chislehurst, Kent, BR7 6LH United Kingdom. Our registered VAT number is 753079030. References to “us”, “our”, “ours” refers to Jensen Skandinavia Limited.
By accepting our Terms, you confirm that the data and any specifications that you have provided are correct. We are committed to protecting your privacy and your personal data as set out in our Privacy Notice.
These Terms do not affect any rights that the Customer has under applicable consumer legislation. In the event of a conflict between these Terms and applicable consumer legislation, the latter shall prevail.
We reserve the right to amend these Terms at any time without prior notice although we will try to provide advance notice where possible. Any such updates will not affect products already purchased for which the Terms in effect at the time of purchase will apply. We reserve ourselves for any errors in information about the products and their availability. These terms were last updated on [_____]. The Customer’s purchase of products is subject to the Terms applicable and accepted by the Customer at the time of the Customer’s order.
In case of any questions in regards to Carpe Diem Beds or our Terms, please contact us at customerservice@carpediembeds.co.uk.
BUSINESS INFORMATION
Telephone to store:
+44 (0) 20 3982 3252
Store Opening Hours:
Mon-Fri: 10AM - 6PM
Sat: 10AM - 6PM
Sun: Closed
Store address:
Carpe Diem Beds Marylebone
15 Wigmore Street, Marylebone, London W1U 1PE, UK
Company registration number:
3841248
E-mail address to our store:
marylebone@carpediembeds.co.uk
Contact our customer service:
Email: customerservice@carpediembeds.co.uk
ORDERS, PRICES AND FEES
In order for you to register an account or buy products via our website, you must be at least 18 years of age. To register an account and purchase products from this website or in store you must accept these Terms. By placing an order for products, the Customer agrees to these Terms and undertakes to comply with them. If we accept the Customer’s order, a legally binding agreement, including these Terms, is entered into between the Customer and us.
All prices that are displayed on the website and in store are inclusive of VAT, but exclusive of shipping costs. For shipping prices according to our different delivery options, see below under the heading “Delivery”.
We will confirm receipt of your order via an order confirmation email to the email address that you entered when submitting the order. Please verify that your order confirmation matches what you ordered. If it does not match your order, please contact us immediately at customerservice@carpediembeds.co.uk.
Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory or because you are located outside our delivery areas, as stated on our website or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
METHOD OF PAYMENT
PAY BY CARD - CONVENIENT AND SECURE
We offer secure card payment with Visa, Amex, Mastercard and Diners Club. No card fees apply. We never store or record sensitive information, such as credit card details. We encrypt your card number to make your purchase secure. We do not accept checks and all payments must be made in pound sterling.
PAY FOR YOUR GOODS ONLINE
When purchasing any of our products via our website, you will need to pay in full at the time of purchase.
RIGHT OF WITHDRAWAL
This section “Right of Withdrawal” applies only to purchases made on our website.
As a consumer you have certain rights such as the right to cancel your purchase within 14 days from the date your products have been delivered (withdrawal period), or in case you have ordered several products in the same order, from the date you received the last product of the order in your possession. Please note, however, that the withdrawal period can be exercised immediately after you have placed your order, and you do not have to wait for the withdrawal period to start. If you choose to exercise your right of withdrawal, the products must be sent back to us at the latest within 14 days from when you notify us thereof.
The Act permits certain exceptions to the right to cancel a purchase. At Carpe Diem Beds, we manufacture handmade beds with accessories that are specifically made for you, so-called “made-to-order” products. As these goods are custom-made according to your specifications (including with respect to choices of colour and materials), which means that we cannot issue a right of withdrawal for these specific goods.
The right of withdrawal also does not apply to goods with broken seals that cannot be properly returned for health or hygiene reasons. This exception includes, for example, duvets, pillows, towels, mattress covers, bed (top) mattresses, duvet covers, pillowcases, sheets and similar products. If a product of this kind has been sealed, you must not break the seal in order to exercise your right of withdrawal. However, if the seal is unbroken, you have the right to cancel your purchase as described above.
However, the right of withdrawal for broken seals does apply to purchases of our accessories such as decorative cushions, scented candles, bed legs. When purchasing these products, you have the right to withdraw for any reason within 14 days as described above. If you wish to exercise your right of withdrawal, please contact our customer support via email at customerservice@carpediembeds.co.uk.
If you cancel your purchase, you shall use the return shipping label that comes with your delivery. We also ask that you return your product in the original packaging as a postal parcel or letter. When you return the product, it must be unused and have all product labels and tags attached. To return a shipment, you must fill in the return note included in your shipment with details of what you are returning. You are also welcome to return products to our store. To make a return in store, you need to show a valid receipt.
In the event that you choose to cancel and return your entire order and provided it is not for made-to-order product(s) or products with a broken hygiene seal, we will refund 100% of the amount that you paid for the products. Refunds are made within 14 days of receiving your products back. If the weight of the item(s) does not exceed 20 kg and the item(s) does not exceed the dimensions for parcel delivery, we will also cover the return freight costs. If the weight of the item(s) exceeds 20 kg or if the item(s) exceeds the dimensions for parcel delivery, you will be responsible for the return freight. As a customer, you are responsible for ensuring that the consignment is not damaged when you return it to us. Always keep the delivery note/return freight note until the return has been completed.
You have the right to examine the goods to determine their characteristics and functioning. If your handling of the goods has resulted in a reduction in their value due to handling to a greater extent than was necessary to determine their characteristics or function, a deduction of an amount corresponding to the reduction in value will be made.
If you have any questions regarding your right of withdrawal, please contact our customer service at customerservice@carpediembeds.co.uk or visit our store at the address indicated above.
THE CUSTOMER’S RIGHT OF COMPLAINT
All the beds and headboards that we sell in the UK have been approved by British standards (e.g. passed flammability test). Information concerning quality terms are always included with our beds and headboards. If you have any additional questions do not hesitate to contact our customer support.
We have a legal obligation to supply products that are in conformity with this contract. Goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product, your legal rights entitle you to the following:
- Up to 30 days: if your Products are faulty, then you can get an immediate refund.
- Up to six months: if your Products cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
- Up to six years: if your Products do not last a reasonable length of time you may be entitled to some money back.
If you wish to exercise your legal rights to reject products you must either return them to us or post them back (or if they are not suitable for posting) allow us to collect them from you. We will pay the reasonable cost of postage or collection. Please contact us to arrange a collection or to receive a return email. We will also pay for the cost of returning products if you are ending the contract because we have told you of an upcoming change, an error in pricing or description. If you wish to return a product for any other reason where you do not have a legal right to do so, you will need to pay for the costs of return.
Furthermore, we give you the possibility to claim for frame and spring breakage up to 25 years after you bought the product, and up to 10 years for motor breakdown when buying our adjustable beds.
Please note that should you discover any defect in the product you have purchased, whether the defect is discovered immediately upon delivery or at a later date, it is important that the defect is reported to us within a reasonable time of when you noticed, or should have noticed, the defect.
We therefore urge the Customer to inspect the product particularly carefully upon receipt. We recommend that you do not accept a product that is damaged, but instead have the driver bring it back and ask that the damage discovered be noted.
INSTALLATION SERVICES
You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. Please note that we are not liable to rectify any problems if there are signs of misuse or an alteration/repair has been performed by you or a third party in breach of applicable installation instructions.
We shall use all reasonable endeavours to meet any performance dates stated, but any such dates shall be estimates only and time shall not be of the essence for performance of the services purchased.
We reserve the right to amend the services if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the services and we shall notify you in any such event.
Any services will be provided using reasonable care and skill.
You will lose your right to cancel any services once they have been completed [and the Customer must pay for any services provided up to the time cancelled].
We can withdraw services or stop providing the services at any time. We will let you know in advance and will refund any sums paid for services which won't be provided and for any corresponding products that you cannot install without the services being provided.
The Consumer Rights Act 2015 allows you to ask us to repeat or fix the services if they are not carried out with reasonable care and skill, or get some money back if it can't be fixed.
The Consumer Rights Act 2015 sets out that:
- If a price hasn't been agreed upfront, the price must be reasonable; and
- If a time hasn't been agreed upfront, the services must be carried out within a reasonable time.
UNDELIVERED PARCELS
If you do not collect your shipment (with respect to minor packages) within 14 days of receiving a notice to collect, we reserve the right to charge a return fee of [amount]. This corresponds to the actual cost of return freight. Further, the purchase will be considered as cancelled and the purchase price will be refunded to you (minus the cost of the return fee).
With respect to special deliveries of larger items (beds, headboards, mattresses, tables and toppers) such deliveries cannot be rejected. If you do not receive the delivery as stated in the section “Delivery” below, we reserve the right to charge you any additional costs for storage of the items until delivery can be performed and any re-deliveries necessary may incur additional delivery charges which will be communicated to you.
REFUND
The way in which you receive your refund after having exercised your right of withdrawal or right of complaint, as the case may be, depends on the method with which you chose to pay for your product(s), as the corresponding method will be used for the refund. We only refund standard delivery costs.
We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags or fire safety tags/stickers have been removed, the packaging is damaged, or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team can advise you on whether we're likely to reduce your refund and they can be contacted at customerservice@carpediembeds.co.uk.
DELIVERY
We deliver goods to you who order in the UK in different ways depending on the goods and services you have purchased from us. Please note that we do not transport goods outside of the UK.
Accessories
Free UK delivery when you spend 100 GBP or over. There will be a 25 GBP shipping fee for orders under 100 GBP. We deliver accessories with Schenker/GLS and will notify you when your parcel is ready to leave our factory in Rydaholm, Sweden. Accessories are delivered from Sweden within 5-8 days.
Deliveries outside the UK may incur additional fees which will be communicated to you before the order is placed.
Beds, Headboards, Mattresses, Tables & Toppers
Beds and larger accessories (such as mattresses, furniture, etc.) are delivered by one of our selected carriers. Below you will find our different delivery options.
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Standard Delivery
Home delivery option suitable for mattress toppers, bedroom furniture and bulky accessories. Not suitable for beds as this requires additional manual handling.
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Silver Delivery
When your bed has arrived at a local terminal, you will be contacted by our delivery partner to decide upon the time and date of your delivery. You will then be contacted approximately 30 minutes prior to the carrier arriving at your home (in accordance to agreed time and date). Two (2) people will carry in the bed to the specified room and assemble the bed for you.
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Gold Delivery
When your bed has arrived at a local terminal, you will be contacted by our delivery partner to decide upon the time and date of your delivery. You will then be contacted approximately 30 minutes prior to the carrier arriving at your home (in accordance to agreed time and date). Two (2) people will carry in the bed to the room that you desire and assemble the bed/beds for you and then dispose your old bed (please note that the disposal pertains only to the bed (including mattresses), not to headboards or other bedroom furniture).
DELIVERY TIME
- Delivery time concerning our beds, headboards and mattress toppers is approximately 7 - 8 weeks.
- Delivery time for other products is approximately 2 - 10 days, days depending on the product and provided we have the item in stock.
Please note that the delivery time is only an estimate and not binding. We will let you know if there will be any delays in when we will deliver your products to you, and we will inform you about its status. We are liable for any damages or costs due to delayed delivery only to the extent required by mandatory law and subject to the exclusions set out in the Force Majeure clause below.
RETENTION OF TITLE AND COPYRIGHT
To the extent permitted by mandatory legislation, the products shall remain our property and we reserve the right of ownership of all the products until the products have been fully paid by the Customer.
Further, the content of our website, including, but not limited to, text, logotypes, stills, moving pictures, sounds, layout and software, is copyrighted and belongs to us. The information on the website must not, besides for purely private purposes or where it is expressly permitted, be copied, reproduced, altered, transferred or stored in any form whatsoever. The Customer does not acquire ownership of such content or intellectual property rights by visiting the website or by ordering products from us.
DISPUTES
Disputes should primarily be resolved by mutual agreement after discussion with our customer service.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use (The Furniture & Home Improvement Ombudsman, https://www.fhio.org/). If you are not satisfied with the alternative dispute resolution process you could still go to court.
QUALITY GUARANTEE
Any guarantees are valid in the UK. All products we sell can be used in the UK. Information about our warranty conditions always accompanies our beds and headboards. If you have any questions about our guarantees, please contact our customer support.
MANUALS
All Products that we sell have a manual in English which will be made available with the Products.
LIMITATION OF LIABILITY
We are only liable for losses you suffer which are caused by our breaking of these terms unless the loss is:
Unexpected. It was not obvious that it would happen and nothing you said to us before ordering meant we should have expected it (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside our control. As long as we have taken the steps set out in the section concerning unforeseen delays.
Avoidable. Something you could have avoided by taking reasonable action.
A business loss. Any loss you suffer in connection with any trade, business, craft or profession you carry out is limited.
Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by Janus's negligence, or the negligence of its employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
FORCE MAJEURE OR EVENTS BEYOND OUR CONTROL
In case of an event beyond our reasonable control (known as a force majeure event), such as labour disputes, fire, war, mobilisation or corresponding unforeseen military requirement, requisition, confiscation, currency restrictions, rebellions and riots, pandemics, epidemics, lack of means of transport, general lack of goods, restrictions of fuel as well as any defects or delays in deliveries from subcontractors and any other circumstances beyond our control, we may not be able to fulfil its obligations according to these Terms during the time of the force majeure event.
If an event beyond our control occurs that affect our ability to fulfil our obligations under the Terms, we will contact the Customer as soon as possible and the time for our fulfilment of our obligations under the Terms will be extended for the duration of the event beyond our control. The Customer has the right to cancel its order if an event beyond our control occurs and which prevents our delivery of an item to the Customer.
FRAUD
We always report to the police any attempt of fraud or data breach. We reserve the right to decline or stop your purchase in case of any suspected fraud, data breach and/or other sort of abuse of our site.
PERSONAL DATA
For more information in regards to how we process your personal data, please see our privacy notice.
CHANGES WE CAN MAKE TO A PRODUCT
We can always change a product or make changes to these terms to reflect changes in relevant laws and regulatory requirements but if we do so we'll notify you and you can then contact our Customer Service Team to end the contract before the change takes effect and receive a refund for any products you've paid for in advance, but not yet received.
GOVERNING LAW AND JURISDICTION
These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can also claim against you in the courts of the country you live in.
NOBODY ELSE HAS ANY RIGHTS UNDER THIS CONTRACT
This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
IF A COURT INVALIDATES SOME OF THIS CONTRACT, THE REST OF IT WILL STILL APPLY.
If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER.
We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
