This page (together with the web pages and documents referred to on it) tells you the terms on which we supply any of the products (“Products”) listed on our website www.teddyone.uk (“our site”) to you as a consumer.
These terms do not cover our provision of our Products to businesses and commercial clients.
Please read these terms carefully before ordering any Products from us. You should understand that by using our site or ordering any of our Products, you agree to be bound by these terms. You should print a copy of these terms for future reference.
Please tick the box in the Checkout to indicate you have read and accept these terms. Please understand that if you refuse to accept these terms, you will not be able to order any Products from us, and you must not use our site.
INFORMATION ABOUT US AND HOW TO CONTACT US
www.teddyone.uk is a site operated by TeddyOne Limited (“we” or “us”). We are registered in England and Wales under company number 10190233 and with our registered office at 27 Old Gloucester Street, London, United Kingdom WC1N 3AX. Our VAT number is 255300827.
You can contact us by telephone on 0345 053 6699, by email at [email protected], or by writing to us at 27 Old Gloucester Street, London, United Kingdom WC1N 3AX.If we have to contact you we will do so by telephone, or by writing to you at the email address or postal address which you provided to us in your order. We may also contact you using any details which are stored on your ‘My TeddyOne Account’ from time to time.
When we use the words “writing” or “written” in these terms, this includes email, but not fax.
Our site and the Products thereon are only intended for use by people resident in the UK or Ireland. While we may (at our sole discretion) accept orders from people not resident in the UK or Ireland, and we may be able to facilitate shipping with insurance on an order-by-order basis, we cannot accept any liability for problems discovered after Products have left the UK.
By placing an order with us, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old. This website is not intended for use by anyone under the age of 18 years old.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order (through our site or otherwise), you will receive an email from us acknowledging that we have received your order (“Order Acknowledgment”). Please note that this does not mean that your order has been accepted. We will contact you within three business days if there is any reason why your order cannot be accepted. The contract between us (the “Contract”) will only be entered into between you and us on the date upon which we have acknowledged your order or if we have not rejected it after three business days.
If we are unable to accept your order, we will inform you in writing within three business days, and you will not be charged for any Products you ordered. We may reject your order because a Product is out of stock, because of an unexpected limit on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product, or because we will be unable to meet any delivery deadline specified by you, or as required by these terms.
The Contract will relate only to those Products we have confirmed in the Order Acknowledgment. We will not be obliged to supply any other Products which may have been part of your order until we confirm such Products in a separate Order Acknowledgment.
CONFORMITY OF GOODS
We take every care to ensure that the description and specification of our products are correctly published on our site from time to time. However, specifications and descriptions of products on our site are not intended to be binding and are intended only to give a general description and illustration of the Products. As most of our furniture is hand-made, you should allow for a potential variation of up to 10% for measurements, dimensions, capacities, weights and all other sizes. You will not be entitled to reject delivery of Products which are within this 10% variation and we will not process refunds (unless otherwise required to do so by law or in accordance with these terms), where the Products are within this 10% variation allowance.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
The packaging of the Products may also vary from that shown on our site.
When we are making any Bespoke Product (as defined below), you are responsible for ensuring that any measurements and specifications you provide are correct and accurate in all respects. We will not accept any liability in respect of any Bespoke Product, if the information provided by you is in any way incorrect or inaccurate.
YOUR RIGHT TO MAKE CHANGES
If you wish to make a change to a Product which you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Product, the timing of supply, or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
We are under a legal duty to supply Products that are in conformity with the Contract and these terms. If you think that any Product you have received:
you must inform us at the time of delivery, or contact us as soon as possible thereafter by email to [email protected] or by telephone on 0345 053 6699. We reserve the right to ask you to send us reasonable evidence of any Product affected by such issues. Customers who inform us of issues in accordance with these terms may have the right to a refund, the receipt of repaired or replacement goods, or to receive part of the purchase price back.
Otherwise than provided above, your rights of cancellation in relation to our Products vary depending on which category of Products you have purchased, as follows:
You will not have any right at any time to cancel a Contract for the supply of any Bespoke Products .
You will not have any right to cancel a Contract for the supply of any mattress once this Product has been delivered to you (due to perishable nature and hygiene requirements of the Product).
Except where prohibited by these terms, you may cancel a Contract at any time before we confirm that goods have been handed to our couriers for delivery. You will receive a refund in accordance with our refunds policy (set out in ‘Our Refunds Policy’ below).
Subject to your other rights in these terms, where you have purchased a Product through our site, you may also cancel a Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in ‘Our Refunds Policy’ below).
For the avoidance of doubt, if different Products are accepted upon delivery on different dates, you may cancel the Contract until 14 days after you receives the last delivery of the Products.
To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us in the same condition in which you received them including the original unopened packaging (unless the Product is being returned due to it being faulty or defective) and proof of purchase at your own risk. You have a legal obligation to take reasonable care of the Products while they are in your possession and must store the Products in accordance with any written or oral instructions provided by us to you. We may deduct from any refund you are due a reasonable amount to reflect any deduction in the valuation of the Products caused by your handling of them. If we agree to a return, you should leave the Products packaged so that we can collect them. Under no circumstances should the Products be used while you await collection. If you fail to comply with these obligations, we may have a right of action against you for compensation.
We have the right to cancel an order at any time prior to delivery.
Nothing in these terms affects your statutory rights as a consumer. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
AVAILABILITY AND DELIVERY
Unless expressly stated within the Order Acknowledgement, we normally estimate delivery of our:
Please note, all projected delivery times are estimates, and the time and date for delivery of the Products shall not be the essence of any Contract.
We may need certain information from you so that we can supply the Product to you, for example, measurements for the product, specifications, or materials to be used. If required, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract, or make an additional charge to compensate us for any extra work that is required. We will not be responsible for supplying the Products (or any part thereof) late if it is caused by you not giving us the information we need within a reasonable time of us asking for it.
The Order Acknowledgment will contain estimated dispatch and delivery dates for those Products.
We will endeavour to fulfil your order by the date set out in the Order Acknowledgment or, if none is specified, within the estimated time periods stated above unless delivery is delayed by an event outside of our control (please see section entitled “Events outside our control” below).
We will send you a further email confirming that the Product has been dispatched (the Dispatch Confirmation) with an updated estimate of the delivery date.
The delivery team will unpack the Product(s) and wait while you check it/them and will ask you to sign a Proof of Delivery indicating that you have checked the Product(s) and that you accept it/them. Except in obvious cases of error on our part, where you have indicated damage on the Proof of Delivery note, or the issue being reported is in respect of our warranty as required under these terms, we will not be liable for damage reported for Product(s) after you have signed the Proof of Delivery.
You are required to inspect the goods for visible damage on the day of the delivery, and advise us if damage has been found so that we can arrange a replacement or refund. After this time, other than provided for in these terms, we will not accept responsibility for any damage reported, given the possibility that damage may have occurred after goods have been delivered.
We will not be held liable for any problems with the Product(s) after you have signed the Proof of Delivery note. If you order Products and intend to send the Products onward for delivery outside the UK, we strongly recommend you ensure your chosen courier has adequate insurance to cover the costs of your goods in transit. We cannot be held liable for any problems that are incurred once goods have been shipped overseas. If we are arranging international shipping on your behalf (at our sole discretion), we can facilitate the arranging of insurance on an order-by-order basis, but we cannot accept any liability for problems discovered after Products have left the UK..
Our delivery team will deliver the Products to a room of your choice no higher than the 3rd floor, the Products will be unpacked, and packaging removed. Please measure and satisfy yourself that the furniture (boxed) will fit through all doorways, lifts and staircases to the room of your choice. Please also ensure that the delivery location is suitable and that there is specific space within the designated room for delivery. Failure of your obligations to comply with this clause does not form a reason for return of Products or the cancellation of the Contract, and unless otherwise provided for under these terms, you shall not be eligible for a refund in such circumstances.
If our delivery team have to bring an item back to us because it doesn’t fit in your home, you will remain liable for the full cost of delivery, and we will have to charge a £95 return fee per item for 2 items or less and £175 for 2 items or more. Make sure any existing furniture you have is disassembled and/or out of the way before your delivery arrives. Failed deliveries will be charged in full. Please note that Products are not returnable without their original packaging, so it is your responsibility to ensure that you will not want to return the Products before the packaging is disposed of. Products will only be taken to a room of your choice subject to a satisfactory health and safety assessment by our couriers. If the Products cannot be safely put into position, our delivery team will offer to leave the Products in a place that is acceptable to you. Our delivery team are not responsible or liable for dismantling furniture that you may already have in your room, or for cleaning the room after furniture has been installed.
If our delivery team have booked an appointment with you for delivery, and you do not make yourself available at the agreed time, you may need to pay an additional fee to cover our reasonable costs, in order for us to redeliver or collect the Products. We will contact you to arrange re-delivery. Where you do not arrange re-delivery, or despite our reasonable efforts you do not take delivery of the Products within a reasonable time after we inform you the Products are ready to be delivered, we reserve the right to end the Contract in accordance with these terms.
We offer 1 weeks’ free storage for all orders. After this time, on the first business day of the second week and on each subsequent week, a storage fee will become payable. This is charged at 2% of your total order value per month. In the event of an order cancellation when storage fees have been incurred, this amount will be deducted from the value of any refund (where one is due and payable), or in all other cases, payable within 14 days of the cancellation of the Contract.
RISK AND TITLE
The Products will be at your risk from the time of delivery and when you have signed the Proof of Delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges if any.
PRICE AND PAYMENT
The price of any Stock Products will be as quoted on our site from time to time, except in cases of obvious error or, where the Product is not in stock and we have to order it from abroad, where there is a fluctuation in the rate of exchange after you have placed your order. The price of any Bespoke Products shall be confirmed in a separate quotation which shall remain valid for 10 business days.
Our prices include VAT and delivery costs within mainland England & Wales (GB Mainland), postcode areas outside of this territory will be added to the total amount due as calculated in our Site’s shopping basket, which can be found at http://www.teddyone.uk/checkout.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Acknowledgment.
Our site contains a number of Products and it is possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Acknowledgment or a Dispatch Confirmation.
Payment for all Products must be by credit or debit card, or (subject to our prior approval) by bank transfer. We accept payment by all major credit cards except Diners Club. We will take full payment when you place your order. We will not charge your credit or debit card until we dispatch the Products to you and issue you with a Dispatch Confirmation.
OUR REFUNDS POLICY
In the case of our Stock Products, if you cancel a Contract in accordance with these terms, we will refund you in full (subject to the below and excluding delivery surcharges).
If you cancel a Contract after we have handed the Stock Products to our delivery team, we will refund the price of the Stock Product in full (less any delivery surcharges, which are not refundable).
When you return a Product to us:
If we agree to a return (and we are not collecting the Products), the Products must be sent to us within 14 days in their original un-opened packaging alongside proof of purchase. After this time, they will be not returnable and your right to a refund will be forfeited.
If you are returning a Product because it cannot be positioned in its intended position within your property (for example, if it will not fit upstairs or through doorways), there will be a £95 return fee per item for 2 items or less and £175 for 2 items or more (GB mainland) that will be deducted from the total amount refunded.
The Product must be in its original un-opened packaging and in the same condition you received it , alongside proof of purchase. The only Products excluded from being returned (aside from where you have a legal right to do so) are Bespoke Products in accordance with our cancellation terms, and mattresses (for hygiene reasons). Products returned outside of GB mainland will be subject to price on application. Re-delivery charges may apply. We can only arrange collections Monday-Friday. Any Product returned not in their original un-opened packaging (unless the Product is being returned due to a defect) and not in the same condition you received them in will be subject to an additional re-boxing & packaging fee of £50 per Product.
Please note we will examine the returned Product(s) upon return to check its condition. Where we reasonably believe a defect was caused by you or your courier (if you have chosen to return goods with your choice of courier instead of booking a collection from us or our courier), this may affect the amount of your refund.
We will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation under the cooling-off period, otherwise within 14 days of the day we receive your Products in our warehouse.
If your original order was eligible for a promotion such as free delivery or ‘10% off a mattress when buying a cot bed’, and you choose to return Products so that the terms of the promotion are no longer being met, you will become liable for the full value of the Products and delivery cost.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
OUR RIGHTS TO END THE CONTRACT
We may end the Contract for any Products at any time by writing to you if:
If we end the Contract in the situations set out above, we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
We warrant to you that any Product which is furniture purchased from us through our site will, on delivery and for the following 60 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. This warranty covers all parts and labour but excludes collection and redelivery charges. It also excludes defects caused by normal wear and tear, negligence and accidental damage caused while products are in your possession.
Subject to the final paragraph in this section, if we fail to comply with these terms, we shall only be liable to you for the purchase price of the Products and any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure, or arise as a result of us failing to use reasonable skill and care in the performance of the Contract.
We shall not be liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example if you discussed it with us during the sales process.
We are not liable for business losses. We only supply the product to end users. If you use our Products for any commercial, business or re-sale purpose we will have no liability for you for any loss of profit, loss of business, revenue or goodwill, business interruption, or loss of business opportunity.
Nothing in this Contract excludes or limits our liability for, death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by section 12 of the Sale of Goods Act 1979, defective products under the Consumer Protection Act 1987, or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
YOUR ACCOUNT WITH US
You can create an account on our site which allows you to view and track your orders in your ‘My TeddyOne Account’ (“user account”). This includes you storing multiple shipping addresses, payment methods and other details to allow you to move through the payment process faster. You will be given or be asked to create a username and password to access your account. You must keep any account details confidential and not disclose these to any third party.
We retain the right to disable any user account, if in our reasonable opinion you have failed to comply with any of the provisions of these terms. You acknowledge and agree that you remain responsible for all consequences arising from the use or misuse of your account login details and that instructions and actions transmitted via our site will be deemed to have originated from you if your username and password have been utilised. We shall be entitled to rely on any order or other action that originates from your user account.
If you believe that your user account login details have been compromised at any time, you must contact us immediately via email to [email protected], or by calling us on 0345 0536699.
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
HOW YOU MAY USE MATERIAL ON OUR SITE & OUR INTELLECUTAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, in all material published on it, and in any Products which are displayed thereon. Those works are protected by copyright, trademark and applicable intellectual property laws and treaties around the world. All such rights are reserved.
All intellectual property rights in the Product, any design of the Products, or other information or materials related to the Products, belong to us or our third party licensors. You must not use any part of the content on our site, or any of our Products (including their designs) for commercial purposes or for any purpose outside that which is envisaged under this Contract, without obtaining a licence to do so from us or our licensors.
If you provide any information or materials to us in connection with the Contract, then you grant to us a royalty free, fully paid-up and irrevocable licence to use, copy and modify such information or materials.
If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
LINKING TO OUR SITE
You may link to our site’s home page, or to any page containing our products, provided that you do so in a fair and legal way which does not damage our reputation or take advantage of it. You must no establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
We reserve the right to withdraw linking permission at any time without notice.
IMPORT DUTY & LOCAL LAWS
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Where Products are eligible for a VAT refund, we will reimburse the VAT element of the transaction but not any VAT on delivery or other charges. We charge a £20 fee per order for processing VAT refunds.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to TeddyOne Limited by post to 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX or by email to [email protected] We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in the Written Communications section above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assignees. No other person shall have any rights to enforce its terms, and neither you or us will need to get the agreement of any other person in order to the end the Contract or make any changes to these terms.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. We will contact you to let you know if we plan to do this.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Unforeseen Event”).
An Unforeseen Event includes (without limitation) any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, and the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Unforeseen Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Unforeseen Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Unforeseen Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the section on Written Communications above.
If any of these terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms or the documents referred to in them.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
Nothing in this paragraph limits or excludes any liability for fraud.
OUR RIGHT TO VARY THESE TERMS
Minor Changes. We have the right to revise and amend these terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. We also reserve the right to make minor technical adjustments and improvements to our Products which will not affect your use of Product without your express consent.
More Significant Changes. You will be subject to the policies and terms in force at the time that you order products from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms before we send you the Dispatch Confirmation. If you do not agree to such changes being made, you may contact us to end the Contract before these changes take effect, and receive a refund for any Products paid for but not received.
LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales
TeddyOne Limited is providing this Website on an “as is” basis and makes no representations or warranties of any kind, whether express or implied, in relation to this Website, or its contents and disclaims all such representations and warranties. In addition, TeddyOne Limited makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information on this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of TeddyOne Limited howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law. Neither TeddyOne Limited nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. TeddyOne Limited accepts no liability for any information or content contained in external third party websites which link to or from this Website. Notwithstanding the foregoing, none of these exclusions and limitations are intended to limit any rights you may have as a consumer under local or other statutory rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of employees and/or agents.