Terms and Conditions of Sale
Butlers’ Beds Limited T/A Seventh Heaven,
Our address is:
Chirk Mill, Chirk, Wrexham, LL14 5BU
We can be contacted at:
Chirk Mill, Chirk, Wrexham, LL14 5BU
A user of our website or distance purchaser over the telephone, by e-mail or by post.
Please read the terms and conditions (“Terms and Conditions”) set out below carefully before ordering any Goods or Services from this Website, over the telephone, by e-mail or by post. By ordering any Goods or Services from this Website, over the telephone, by e-mail or by post. you agree to be bound by these Terms and Conditions.
“Goods” is a reference to any goods which we may offer for sale from our Website from time to time;
“Service” or “Services” is a reference to any service which we may supply and which you may request via our Website;
“you”, “your” and “yours” are references to you the person accessing this Website and ordering any Goods or Services from the Website;
“we”, “us” and “our” are references to Butlers’ Beds Ltd T/A Seventh Heaven of Chirk Mill, Chirk, Wrexham, LL14 5BU; and “Website” is a reference to our websites www.divinedreams.co.uk and www.seventh-heaven.co.uk on which we offer our Goods or Services.
2.1 All goods are subject to availability.
2.2 All descriptions on the Website are correct at the time of publication however we reserve the right to alter these in the future.
2.3 All goods are sold separately, including beds, bed bases, mattresses, bedding, linen and furniture.
2.4 The bed price listed is for the frame only, consisting of bed head, bed foot, side runners and central support structure if applicable, but does not include a mattress or bed base.
2.5 Mattresses and bed bases are handmade and their measurements are accurate to within 0.5 inch (1.25cm). If the customer is supplying measurements for a base or mattress over the telephone, by e-mail or by post it is the responsibility of the customer to ensure the measurements are correct. Divine Dreams accept no liability in the case where measurements have been provided which are incorrect and the goods have been made to these incorrect measurements.
2.6 Mattresses and bed bases can be supplied in both Imperial (inches) and Metric (cm) units. Please note although the prices are the same for sizes quoted in Imperial and Metric there will be slight differences in the two sizes and it is important to determine whether you wish an Imperial size or a Metric size. It is the responsibility of the customer to determine which unit is required. If you are purchasing other items for your bed from suppliers other than Seventh Heaven they may well supply in different units to items you have purchased from Seventh Heaven. Some mattress manufacturers supply only in Metric units, and there may be slight differences between the measurements of the bed base and the mattress if the base is supplied in an Imperial size.
2.7 Seventh Heaven bed linen is handmade and measurements are accurate to within 2.5cm (1 inch).
2.8 The antique beds can be non-standard sizes. In all cases we describe the size of base and mattress they accept and we may also describe their absolute dimensions. In some cases the base and mattress will be slightly wider than the bedstead, with a slight overlap either side.
2.9 Wood is a natural organic material and will expand and contract in response to humidity and heat. Also direct sunlight will discolour wood in time.
2.10 The brass used on antique beds is not lacquered and the sheen will dull in time. Also fingerprints and other marks will discolour the brass, however the brass can be easily restored to its original sheen using a product such as Duraglit or Brasso. Other finishes are available on the brass work, including nickel plating and paint in the same colour as the bed framework.
2.11 When restoring antique beds, we undertake to keep as much of the original brass work as possible but we do have to replace where the brass is damaged beyond repair or missing.
2.12 Colours represented on screens vary depending on the device used to view websites. Seventh Heaven is not responsible for differences in actual colour of products to their screen representation.
2.13 Colour dyes may vary in fabrics over time.
3.1. Any contract for the supply of Goods or Services from this Website is between you and Butlers’ Beds Ltd T/A Seventh Heaven. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide is your own credit or debit card and that you have sufficient funds to make the payment. `
3.2. We will take all reasonable care, in so far as it is in our power, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
3.3. Any order that you place with us is subject to product availability and acceptance by us.
When you place your order online through e-commerce we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order. Once we have sent the confirmation email we will then check availability and contact you with a further email. If the Goods are available and the details of the order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price of the Goods purchased. If the Goods are not available we will also let you know by email.
When you place an order over the telephone or by e-mail we will send you a confirmation e-mail with your order or invoice. It is your responsibility to check the details of the order and send an e-mail confirmation of the order. When goods are bespoke we require an e-mail confirmation before we process the order.
3.4. All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. We also reserve the right to alter the Goods or Services available for sale on the Website and to discontinue any product line or service.
3.5. The contract for the Goods or Services will be accepted at the time of despatch of your order. We will confirm this to you in writing. You must inform us immediately if any details are incorrect. If your order has not been accepted you will be notified of this in writing together with the reasons.
3.6. When ordering non-standard made-to-order Goods it is your responsibility to determine the information you supply is correct. All measurements for bespoke items must be given in writing or confirmed in writing, preferably by e-mail, and Seventh Heaven accept no liability if these measurements are incorrect.
Made-to-order goods include: all non-standard length and/or width bases and mattresses; all non-standard depths of bases and mattresses; all specially shaped bases and mattresses; all beds that have been altered to specific requirements including dimensions and colour; all non-standard bed linen and bedding, including valances, coloured bed linen or made-to-measure linen and bedding.
- Prices and Payment
4.1. All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. Prices are inclusive of UK VAT but exclusive of delivery charges which will be added to your order.
4.2. The total price for Goods or Services ordered, including delivery charges, will be displayed on the Website when you place your order. Full payment must be made before Goods are despatched or Services provided.
4.3. On our Website you can pay by debit or credit card using the on-line payment gateway. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also do security checks to confirm it is you making the order.
4.4. If you order by e-mail or telephone and wish to pay by credit or debit card we can take card payments over the telephone. Alternatively, we can send a PayPal invoice by e-mail, which you can pay by card or PayPal account.
4.5. If you purchase from our showroom, Chirk Mill, you can pay by chip and pin through our card machine. A receipt of the payment can be sent via e-mail or SMS text.
4.6. You have the option to pay in full for your order by BACS, Internet Banking, Telephone Banking, Cheque or Cash.
4.7. If you order from our website, from our showroom or over the telephone you must pay for your order in full before it is delivered. Whichever method is used to pay for the goods the payment must be cleared in our account before delivery occurs. For cheque payments five working days must be allowed before goods are delivered after the cheque is paid into our account.
4.8. Where Goods are made-to-order, bespoke or personalised, payment is normally in full at the time of order. This applies to, but is not exclusive to, bespoke linen, bespoke mattresses and bespoke bed base orders.
4.9. For certain made-to-order Goods payment can be in part, when agreed by Seventh Heaven, with the balance payable upon completion of the work. This applies to, but is not exclusive to, restored or bespoke bedsteads.
5.1. Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address nominated by you at the time of ordering.
5.2. Time is not of the essence for the delivery of any Goods or Services supplied under this Agreement.
5.3. All orders are delivered by a reputable courier. We will make every effort to deliver within the time stated however we will not be liable for any loss caused to you by late ordering. If the Goods are not delivered within the estimated delivery time which we quote, please contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
5.4. No refunds of the delivery charge are made for late deliveries.
5.5. Incomplete orders must be notified to us as soon as possible following delivery and within 3 days of delivery. We will either arrange for the missing items to be delivered to you at no extra cost or refund you the original cost of the missing items.
5.6. All risk in the Goods shall pass to you upon delivery.
5.7. You must ensure that at the time of delivery of the Goods adequate arrangements, including labour and access where necessary, are in place for the safe delivery of the Goods. We cannot be held liable for any damage, cost or expense incurred to the Goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
5.8. Where delivery is outside the UK, you may be liable to pay additional tax or duty once the Goods reach your country. This may vary from country to country. Please contact your local customs office for more information.
5.9. Please note that Goods may be subject to inspection by your local customs office where delivery is outside the UK.
- Cancellations and Returns
6.1. You must notify us immediately if you decide to cancel your order for whatever reason preferably by email at firstname.lastname@example.org and quote your order number.
6.2. Goods: The time limit for notification of cancellation is 14 calendar days following receipt by you of the Goods. We cannot guarantee that we will be able to stop your order once we receive notice of cancellation as the Goods may already have been despatched. In these cases the Goods will need to be returned to us.
6.3. Services: The time limit for notification of cancellation is 14 calendar days from the day you ordered and paid for the Services unless you have requested us to commence the Services before the expiry of this period in which case the cancellation period expires when we begin providing the Services to you.
6.4. Once we have heard from you that you wish to cancel your order within the stipulated time period we will refund or re-credit your debit or credit card with the full amount within 14 days which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable.
6.5. If you decide to cancel for any reason other than the Goods are faulty, damaged or not what you ordered, you must ensure that the Goods are returned to us at our address given above at your cost immediately by courier in good condition and unused.
6.6. If you cancel a contract on this basis and you do not return the Goods to us, we may recover the Goods and charge you for the costs we incur in doing so. Similarly, if you return the Goods at our expense, we may recover that expense from you.
6.7. If you return the Goods with poor packaging and they become damaged in the return transit due to the poor packaging we may charge you the cost of the Goods.
6.8. A full statement of your legal rights under the Distance Selling Regulations may be obtained in the UK from your local Citizen’s Advice Bureau or Trading Standards Office.
6.9. If you consider the Goods to be faulty, damaged or not what you ordered, please contact us immediately preferably by email to email@example.com to inform us of your wish to return the Goods quoting your order number. You must ensure that the Goods are returned to us at your cost immediately by courier in the condition they arrived and unused.
6.10. Upon receipt of the Goods if we agree they are faulty, damaged or not what you ordered we will refund the cost of the Goods and the cost of all shipping. All refunds or re-credits will be undertaken within 14 days of notification of return.
6.11. We try to select and package the Goods as well as possible to ensure they arrive in good condition. However, if the Goods arrive damaged please inform us immediately by email preferably. Photographic evidence of the poor packaging would be helpful in resolving the problem. If we agree the packaging was insufficient we will replace the Goods free of charge or provide a full refund as appropriate. Please ensure the Goods are returned to us with adequate packaging if you are returning on this basis.
6.12. We recommend that all returned or cancelled Goods are returned using a reputable courier such as Fedex, Parcel Force or DHL.
6.13. Unless the Goods are faulty or damaged, we are unable to accept cancellations or returns on personalised, bespoke or made-to-order Goods.
- Storage of Goods
7.1. Seventh Heaven are able to store your goods free of charge after you have purchased them for up to 6 months. All goods are stored in a secure modern alarmed storage facility. After 6 months has elapsed we will endeavour to arrange delivery as soon as possible before we begin any storage charges.
7.2. After 6 months Seventh Heaven charge for storage £25 per large item per week, where a large item is defined as a bedstead, a bed base, a mattress or a piece of furniture. We reserve the right to charge storage on other large items not listed here.
- Your Information
8.1. Where we have requested information from you to provide Goods or Services you agree to provide us with accurate and complete information.
8.3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
- Linked Sites
There may be a number of links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the services or goods that they may provide to you.
We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to firstname.lastname@example.org
- Limitation of Liability
11.1. Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
11.2. We disclaim any and all liability to you for the supply of the Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
11.3. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
11.4. We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
11.5. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
11.6. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
12.1. We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
12.2. We may alter or vary the Terms and Conditions at any time without notice to you.
12.3. Payment must be made at the time of ordering the Goods or Services from us. Failure to pay on time will result in either the cancellation of your order or a late payment charge which shall be calculated as interest on the amount due at a rate of 5% over our bank’s lending rate. Interest will be charged on a daily basis from the date of invoice to the date of actual receipt of payment in cleared funds.
12.5. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
12.6. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
12.7. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
12.8. It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.